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1. No pet animal shall be at large within the City at any time. A properly licensed animal shall not be deemed at large if:
A. It is on the premises of the owner; or
B. It is on the premises of another person with the knowledge and consent of that person; or
C. It is under the control of a person competent to restrain the animal, either by leash or properly restrained within a motor vehicle, or enclosed within a structure.
2. Notwithstanding the provisions of subsection 1, any pet animal shall be deemed at large at any time when attacking persons, domestic animals, destroying property, or on any public property, except when under restraint as set out in subparagraph 1(c) of this section. Furthermore, any female pet in heat shall be deemed at large at any time except:
A. When housed in a building which is completely enclosed; or
B. When housed in a veterinary hospital or boarding kennel licensed or registered with the State; or
C. When on the premises of the owner, provided the area on which such animal is located is completely enclosed by a fence or other structure having a height of at least 60 inches; or
D. When under the control of a person competent to restrain the animal, either by leash or properly restrained within a motor vehicle.
1. Any pet animal found in violation of the provisions of this chapter may be impounded by the City.
2. The City may impound any animal that is doing any of the acts prohibited by the City or which is determined to be in danger of being subjected to cruel treatment, or when the animal is found to be sick, injured, or dead.
3. The City may impound any animal if, upon taking its owner or custodian into custody for any lawful reason, no other person or party can be readily found to provide appropriate and adequate care and supervision to the animal. In such instances, the person in custody shall be notified of the impoundment.
4. The person authorized to impound pet animals, upon receiving any pet animal, shall make a complete registration for such animal, entering the date, species, breed, color, and sex of such animal, any tattoo number or other special characteristics, and whether licensed. If such animal is licensed, said person shall enter the name and address of the owner and the number of the license tag. Not later than two days after the impounding of any pet animal, the owner, if known, shall be notified of such impoundment.
5. The City, upon impounding of a dog, shall record the breed, color, and sex of the animal and whether or not it is wearing a current license tag. If the dog is currently licensed, the City shall enter the name and address of the owner or custodian and the number of the license tag. If the dog is not returned to its owner or custodian, the City shall make a reasonable and diligent effort to notify the owner or custodian within 24 hours or as soon thereafter as possible by mail, telephone, or personal notice that the dog has been impounded and where it may be redeemed. Any currently licensed impounded dog shall be held for the owner or custodian for at least five days from the time of impoundment. Any unlicensed dog shall be held for the owner or custodian at least five days from the time of impoundment.
6. It is the duty of the City to keep all animals impounded pursuant to this chapter for a period of five days after the owner has been notified as provided herein. If, after five days following service of notice on the owner (either by certified mail or by personal service) of the impoundment of the owner’s animal, said owner has failed to claim and redeem any such impounded animal, such animal may be adopted, transferred to any State institution pursuant to the provisions for the purposes of Chapter 351A of the Code of Iowa, or humanely euthanized and disposed of. In the event that the owner is not willing to accept service by certified mail or by personal service, then, after a period of five days following the attempt to make service on the owner, the animal control personnel shall have the right and duty to dispose of said animal in the manner provided for by the City.
7. If a pet animal is not licensed, and if the owner is unknown, it shall be the duty of the City to keep the animal for five days from the date that the animal is first picked up, and then said animal may be disposed of as provided for in this section.
8. The registry of impounded pet animals not wearing a license tag when impounded shall be available during reasonable hours for inspection by owners.
9. Any animal not redeemed after the expiration of the holding period may be adopted out.
10. Any animal impounded pursuant to this section may be redeemed upon payment of all redemption fees. In addition, any unlicensed dog must be licensed at the time of redemption.
11. Any dog running at large during rabies quarantine shall be immediately impounded by the City and kept for the remainder of the quarantine at the owner’s or custodian’s expense.
1. Any animal may be redeemed by payment of the redemption fees, which include applicable fees, penalties, and recoverable expenses. The redemption fees for any animal other than a dog are calculated in the same manner as for a dog, plus reimbursement of any expenses incurred by the City that are not included or contemplated herein.
2. Any dog impounded pursuant to the provisions of this chapter, when all conditions have been met for release, may be redeemed upon payment of any fees, penalties, and any recoverable expenses incurred by the City and upon proof of a current license and proof of a current rabies vaccination or written agreement to present such proof within 30 days.
3. The redemption fee for a dog is $25.00 for each dog plus an additional fee of $25.00 for each 24-hour period or portion thereof during which such dog is retained by the impounding agency.
4. All fees and expenses payable under this section shall be made payable to the City of Mount Vernon.
5. If a dog four months of age or older that is unlicensed is impounded, the person to whom the dog is released shall purchase a license, if applicable, for such dog and show proof of current rabies vaccination or purchase a rabies vaccination in order to obtain the release of the dog.
The City may enter into a lease or contract with any business organized for the purpose of handling animals and the use of its facilities for the restraining and impounding of animals under this chapter. It will be the duty of the City Administrator to ensure that any contract for service will be with an organization that provides adequate and wholesome food for animals impounded and shall provide careful and humane treatment towards such animals, and shall provide for humane destruction of animals.
It is unlawful for a person who impounds or confines, in any place, an animal, excluding livestock, to fail to supply the animal during confinement with a sufficient quantity of food or water, or to fail to provide a confined dog with adequate shelter, or to torture, deprive of necessary sustenance, mutilate, beat, or kill such animal by any means which causes unjustified pain, distress or suffering.
(Code of Iowa, Sec. 717B.3)
1. Notwithstanding the provisions of this section, the keeping of domestic chickens shall be permitted in all residential zoning districts so long as such keeping is in compliance with this subsection and all other applicable City ordinances unless, despite compliance with the following, the presence of any particular chickens endanger the health, safety, peace, quiet, comfort, enjoyment of, or otherwise become a public nuisance to nearby residents or occupants or places of business:
A. Chickens must be confined in a coop or fowl house not less than 18 inches in height or, in the alternative, within a fenced pen area. Chickens must be kept within the coop, the fowl house, or the fenced pen area at all times unless removed for a temporary time for the safety of the chicken.
B. The coop, the fowl house, or the fenced pen area must be of such a design to be reasonably expected to prevent entry by dogs, cats, or other animals and shall be completely enclosed.
C. The coop or fowl house must be used for chickens only and must be well ventilated.
D. The coop, the fowl house, or the fenced pen area shall have a minimum of four (4) square feet of floor area for each chicken but shall not be any larger than twelve (12) square feet of area for each chicken. The coop, fowl house, or fenced pen area shall be a minimum of twenty-five (25) feet from any property line. In the event a zoning or other ordinance requires a greater distance, the more restrictive regulations shall apply.
E. Any coop, fowl house, or fenced pen area must be well drained so there is no accumulation of moisture.
F. Any coop, fowl house, or fenced pen area shall be kept clean, sanitary and free from accumulation of chicken excrement and objectionable odors. All droppings and body excretions shall be either placed in fly-proof containers and double-bagged in plastic bags or, in the alternative, used as fertilizer on the same property or, with the owner’s permission, on other property within the City, so long as the droppings and body excretions are spread and incorporated into the soil within twenty four (24) hours.
G. In addition to the coop, fowl house, or fenced pen area, the owner’s property shall be sufficiently fenced to confine chickens to the property and prevent chickens from entering upon any adjacent property.
H. All chicken feed shall be stored in rodent-proof containers.
I. No more than six (6) chickens shall be kept or maintained per property.
J. All such chickens must be hens; no roosters are permitted.
K. The City shall not be liable for injury or death of chickens caused by dogs, cats, or other animals, domestic or wild, whether such animals are licensed by the City or not. Further, injury or death of a chicken caused by an animal is not, in and of itself, sufficient grounds for the City to determine that the animal is a vicious animal pursuant to Chapter 56 of this Code of Ordinances. Any dead chicken, not caused by slaughtering, shall be disposed of immediately upon discovering in a manner so as to not cause a nuisance pursuant to Chapter 50 of this Code of Ordinances.
L. Any slaughter of chickens not regulated by state law or otherwise forbidden or regulated shall be done only in a humane and sanitary manner and shall not be done open to the view of any public area or adjacent property owned by another.
M. An owner or possessor of animals on property that is newly annexed has ninety (90) days from the date of annexation to bring the property into compliance required by this section.
N. A violation of this subsection is a municipal infraction as provided in Chapter 3 of this Code of Ordinances.
2. No person shall keep any chickens unless they possess a City of Mount Vernon permit issued by the City Administrator. The fee for such permit shall be ten dollars ($10.00). Permits will be granted for one (1) year valid from January 1 through December 31. Permits may be purchased at any time during the year but will be valid only through December 31.
3. The permit may be suspended or revoked by the City Administrator upon hearing and finding evidence that the permittee has violated the conditions of the permit and listed in Section 55.21. All chickens must be removed upon revocation of the permit. There will be no refund of the permit fee.
4. By the granting of the permit to raise chickens and the application thereof, the permittee authorizes that the City Administrator or his/her appointed Zoning Administrator, upon identification and verification of credentials, have the right to enter onto the exterior of a permittee's property any time for the limited purpose of inspection of the premises to ensure that all conditions identified in Chapter 55.21 have been met.
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