55.01 Definitions | 55.12 Disposition of Vicious Animals |
55.02 Animal Care | 55.13 Duty to Report Animal Attacks or Suspected Rabies |
55.03 Endangering, Neglect and Abandoning Animals | 55.14 Duty upon Striking an Animal |
55.04 Animal Waste | 55.15 Rabies Vaccination |
55.05 Owner’s Duty to Restrain and Supervise – At Large Prohibited | 55.16 Rabies Tags |
55.06 Animal Nuisances Prohibited | 55.17 Rabies Determination |
55.07 Keeping of Illegal Animals Prohibited | 55.18 Trapping Prohibited |
55.08 Keeping of Vicious Animals | 55.19 Pet Awards Prohibited |
55.09 Rescue and Impounding of Animals | 55.20 Authority Granted to Animal Control Officers |
55.10 Redemption of Impounded Animals | 55.21 Violations |
55.11 Disposition of Animals | |
The following terms are defined for use in this chapter.
1. “Advertise” means to present a commercial message in any medium including but not limited to print, radio, television, sign, display, label, tag or articulation.
2. “Animal” means any non-human vertebrate.
3. “Animal control officer” means any person whose job duties include or are primarily assigned to enforce the laws and regulations pertaining to animal control, regulation and protection. “Animal control officer” includes City police officers.
4. “At large” means off the premises of the owner and not under the control of a competent person on other premises or upon the public streets, alleys, public grounds, school grounds or parks within the City. An animal is not deemed to be at large if:
A. The animal is confined in a cage or motor vehicle; or
B. The animal is restrained by a leash of sufficient length and strength to control its action; or
C. The animal is actively engaged in training for obedience, for hunting, or for other service under continual control of its owner or trainer provided that the owner or trainer is conducting the training in an open public area, is not endangering other users or animals in the area, has the animal within 30 yards of the owner or trainer and under continual voice control, and has in his or her possession a leash or restraint appropriate to control the animal; or
D. The animal is a draft animal engaged in drawing vehicles or conveyances.
5. “Business” means any enterprise relating to any of the following:
A. The sale or offer for sale of goods or services.
B. Recruitment for employment or membership in an organization.
C. A solicitation to make an investment.
D. An amusement or entertainment activity.
6. “Domestic animal” is any animal which is naturally tame or gentle or which is maintained as a pet and which is not: (i) of a wild nature or disposition; (ii) livestock; or (iii) defined as an exotic, dangerous or otherwise prohibited animal.
7. “Illegal animal” means any animal that is not normally considered domesticated or tame. Illegal animals include, but are not limited to:
A. Lions, tigers, jaguars, leopards, cougars, lynx, bobcats, or hybrids of these with domestic cats,
B. Wolves, coyotes, foxes, or hybrids of these with domestic dogs,
C. Badgers, wolverines, weasels, skunk and mink,
D. Raccoons,
E. Bears,
F. Any non-human primates,
G. Bats,
H. Alligators and crocodiles,
I. Black widow spiders and Scorpions,
J. Any venomous or constrictor snake or reptile,
K. Gila monsters,
L. Bee, and
M. Livestock
8. “Fair” means any of the following:
A. The annual fair and exposition held by the Iowa State Fair Board pursuant to Chapter 173 of the Code of Iowa or any fair event conducted by a fair under the provisions of Chapter 174 of the Code of Iowa.
B. An exhibition of agricultural or manufactured products.
C. An event for operation of amusement rides or devices or concession booths.
9. “Game” means a “game of chance” or “game of skill” as defined in Section 99B.1 of the Code of Iowa.
10. “Livestock” means any animal. Regardless of size or domestification, belonging to the bovine, caprine, equine, or porcine species, ostriches, rheas, emus; farm deer; or poultry, except as may be permitted in Chapter 55A.
(Ord. 991 – Jan. 17 Supp.)
11. “Muzzled” means a vicious animal under the control of a responsible person and restrained with a muzzle, which shall be made in a manner that will not cause injury to the animal or obscure its vision or interfere with its respiration, but shall prevent it from biting any human being or animal.
12. “Owner” means any person who owns, harbors, keeps, maintains, has the possession or control of, shelters, or is the custodian of an animal. “Owner” includes any person who knowingly permits an animal to remain on or about the premises under the control of that person.
13. “Pet” means a living dog, cat or an animal normally maintained in a small tank or cage in or near a residence, including but not limited to a rabbit, gerbil, hamster, mouse, parrot, canary, mynah, finch, tropical fish, goldfish, snake, turtle, gecko or iguana.
14. “Vicious animal” means and includes:
A. Any animal with a history, tendency or disposition to attack, to cause bodily injury or to otherwise endanger the safety of human beings or domestic animals;
B. Any animal that snaps, attempts to bite a human being or domestic animal, or manifests a disposition to snap or bite;
C. Any animal that, unprovoked, chases or approaches anyone in a menacing fashion off the owner’s property;
D. Any animal that has inflicted bodily injury on any person, with or without the knowledge of the owner.
E. Any animal that is infected with rabies.
F. Any animal that has been trained for dog fighting, animal fighting or animal baiting or is owned or kept for such purposes; or
G. Any animal trained to attack human beings, upon command or spontaneously in response to human activities, except dogs owned by and under the control of the police department, the County Sheriff, a law enforcement agency of the State or of the United States or a branch of the armed forces of the United States.
An animal shall not be deemed to be “vicious” if the threat or injury: (a) is caused by a person who is assaulting the animal’s owner, committing a willful trespass or tort upon the owner’s premises, or provoking, tormenting, or abusing the animal or can be shown to have done so repeatedly at other times, (b) is a response to pain or injury, or is to protect itself, its kennel, its offspring, or its owner’s property, or (c) is inflicted by a animal owned by a law enforcement agency in the line of duty.
All owners and keepers of any animal shall comply with the following standards of care. Failure to comply with any standards shall be a violation of this section. It is the duty of each person keeping an animal to provide in a manner sufficient for the particular breed or species of the animal all of the following:
1. Adequate wholesome food provided at appropriate intervals in a quantity suitable for the physical condition and age of the animal, served in a clean receptacle or container, sufficient to maintain an adequate level of nutrition for such animal.
2. Reasonable access to an adequate supply of clean, fresh, potable water, provided in a sanitary manner and secured so that the animal cannot turn the container over. If potable water is not accessible to the animal at all times, it shall be provided for such duration and of sufficient quantity as appropriate for the environmental conditions, but not less than daily.
3. Adequate indoor shelter for an animal kept indoors, consisting of a properly ventilated and illuminated facility, sufficiently regulated by heating or cooling to protect the animal from extremes of temperature and to provide for its health and comfort. It should be appropriate for the particular species and breed.
4. Adequate outdoor shelter for an animal kept outdoors, consisting of access to a shelter sufficient to ensure that the animal does not suffer unreasonable distress due to natural elements, including but not limited to wind, rain, snow, sun, cold or dampness. If such person has more than one animal, adequate shelter must be provided for each animal.
5. Adequate hazard-free space consisting of primary enclosures and housing facilities that are constructed and maintained to provide sufficient space to allow each animal adequate freedom of movement to maintain its physical condition. “Hazard” means anything that a reasonable person may deem potentially harmful to the welfare of an animal. The space shall be appropriate for the particular species.
6. Adequate veterinary care, which means that a sick, diseased or injured animal shall be provided with proper health care, or humanely euthanized. All animals shall be provided with proper immunizations and preventive health care including parasite control.
7. Adequate sanitation consisting of periodic cleaning or sanitizing housing facilities and any area where the animal is confined or restrained, to remove excreta and other waste materials so as to minimize vermin infestation, odors and disease hazards.
8. Keeping the animal clean and providing proper grooming as appropriate for maintaining health as appropriate for the species.
9. Insuring that any leash, rope or other restrictive device is attached to the animal by a well-fitting collar or harness that is fastened to the animal in a manner to prevent injury or entanglement. A leash shall not restrict an animal from access to adequate shelter or sufficient food and water.
10. It is the duty of every animal owner to supervise, restrain and control the animal at all times, including on their property. Restraint may be secured or confined in one or both of the following ways:
A. A fence approved by property zoning regulations; or
B. Securely leashed on the property so that it is restricted five (5) feet from the public right-of-way.
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