55.03 ENDANGERING, NEGLECT AND ABANDONING ANIMALS.

   1.   Impounding or confining, in any place, an animal, to fail to supply the animal during confinement with a sufficient quantity of food or water, or to fail to provide a confined animal 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.

   2.   Abandoning any animal within the City limits.  Abandonment shall include ceasing to provide control over, shelter, food and water for an animal without having made responsible arrangements for such care, custody, and physical control to be provided by another person.

   3.   Transporting or maintaining an animal in the open bed of a pickup except when the animal is secured inside a cage or kennel or is secured by a leash or tether sufficiently short to keep the animal inside the pickup box at all times, but of adequate length to allow the animal to sit or lie down.  No person shall transport an animal in a box, container or cage without proper ventilation and adequate space requirements as determined by the breed and species of animal.

   4.   Leaving an animal unattended in or tethered to a parked motor vehicle in a manner that endangers the health or safety of the animal.

   5.   Harassing an animal except when the action is necessary to protect persons or their property from the animal.

   6.   Willfully releasing any animal or opening any door or gate on any private or public premises without the consent of the owner for the purpose of enticing or enabling any such animal to leave the premises except when done by a person working in an official capacity as an animal control officer, firefighter or peace officer and for the purpose of enforcing animal control regulations or when rescuing the animal from an immediate threat of harm.

55.04 ANIMAL WASTE.

   The owner of an animal who walks or takes an animal upon public property, public right-of-way, parks, school grounds, playgrounds or the private property of another person is responsible for the immediate and proper disposal of solid waste excreted by the animal at all times that the animal is off the premises of the owner and is not otherwise confined in a vehicle, trailer, kennel or cage which is designed for the keeping or transporting of animals or persons.  This section does not apply to animals under the control of persons with disabilities and which have been specially trained for the purpose of assisting persons with disabilities.

55.05 OWNER’S DUTY TO RESTRAIN AND SUPERVISE – AT LARGE PROHIBITED.

   It is the duty of every animal owner to supervise, restrain and control the animal at all times and to prevent the animal from attacking or biting another animal or person, and to prevent the animal from running at large.

55.06 ANIMAL NUISANCES PROHIBITED.

   The following acts and circumstances by domestic animals are nuisances and are prohibited:

   1.   Running at large;

   2.   Causing damage or defilement to public or private property;

   3.   Continuous or repeated barking, yelping, baying, whining, howling or making any annoying sound for prolonged or repeated time periods;

   4.   Chasing, molesting, threatening or annoying persons who are lawfully on public or private property; and

   5.   Chasing, molesting or impeding lawfully operated vehicles on public or private property.

The owner of any animal violating this section may be cited for the violation.

55.07 KEEPING OF ILLEGAL ANIMALS PROHIBITED.

   No person shall keep, shelter or harbor any illegal animal as a pet, nor act as a temporary custodian for such animal, or keep, shelter, nor harbor such animal for any other purpose or in any other capacity within the City except in the following circumstances:

   1.   The keeping of illegal animals in a bona fide, licensed veterinary hospital for treatment.

   2.   Any animal under the jurisdiction of and in the possession of the Iowa Department of Natural Resources pursuant to Chapters 481A and 481B of the Code of Iowa.

   3.   Animals kept for temporary exhibition to the public by a bona fide circus, fair, carnival, exhibit or show which is in compliance with applicable Federal and State laws regarding the ownership, keeping, maintenance, and exhibition of such animals;

   4.   Livestock maintained in an agriculturally zoned area, in compliance with the City’s zoning regulations;

   5.   Livestock brought into the City on a temporary basis for use or display in any City-sanctioned event such as a parade, rodeo, Memorial Day, Independence Day, or Lincoln Highway Day celebration or similar community event;

   6.   Livestock brought into the City on a temporary basis for use or display in connection with any event sponsored or sanctioned by the Story County 4-H Fair association or an event held at the Story County Fair Grounds with the express consent and permission of the Story County 4-H Fair Association;

   7.   Livestock used by private individuals or entities for public entertainment or commercial purposes such as animals used to draw horse drawn carriages, sleighs and similar vehicles or devices, provided the livestock is not boarded or harbored within the City overnight and provided further that all animal waste is immediately removed by the owner.  This exception shall not be construed to authorize the operation of a riding stable, petting zoo or similar enterprise on private or public property within the City.

It is unlawful to engage in any practice that is designed or intended to increase the aggressiveness and attack propensities of any animal.

This section does not apply to animals owned by a law enforcement agency and kept for the purpose of enhancing public safety by a trained handler.

55.08 KEEPING OF VICIOUS ANIMALS.

   1.   Confinement.  Notwithstanding any other provisions of this chapter, no person owning, possessing, harboring or having the care of a vicious animal shall permit such animal to go unconfined upon the premises of such person and shall not permit the animal to go beyond the premises unless the animal is confined.  A vicious animal is unconfined unless the following conditions are met:

      A.   Leash and Muzzle.  No person shall permit a vicious animal to go outside its kennel or pen unless such animal is securely leashed with a leash no longer than six (6) feet in length. No person shall permit a vicious animal to be kept on a chain, rope or other type of leash outside its kennel or pen unless both the dog and the leash are under the physical control of a person 18 years of age or older. Such animals may not be leashed to inanimate objects such as trees, posts, fences, buildings, or any other object or structure.  In addition, all vicious animals on a leash outside the animal's kennel must be muzzled by a muzzling device sufficient to prevent the animal from biting persons or other animals.

      B.   Enclosure.  All vicious animals shall be securely confined within an occupied house or residence or in a securely enclosed and locked pen or kennel, except when leashed and muzzled as provided in this section.  Such pen, kennel or structure must have secure sides at least six (6) feet in height and a secure top attached to the sides.  All structures to confine vicious animals must be locked with a key or a combination lock when such animals are within the structure.  Such structure must have a secure bottom, floor or foundation attached to the sides of the pen, or the sides of the pen must be embedded in the ground no less than one (1) foot, and the structure must be located at least ten (10) feet away from any property line.  All structures erected to house vicious animals must comply with all zoning and building regulations of the City and with Section 55.02 of this chapter.  All such structures must be adequately lighted and ventilated and kept in a clean and sanitary condition.

No vicious animal may be kept on a porch, patio or in any part of a house or structure that would allow the animal to exit such building on its own volition.  In addition, no such animal may be kept in a house or structure when the windows are open or when screen windows or screen doors are the only obstacles preventing the animal from exiting the structure.

   2.   Insurance.  The owner of any vicious animal shall provide proof to the City Clerk of general liability insurance of not less than $500,000.00 per occurrence for bodily injury to or death of any person or persons or for damage to property which may result from the ownership, keeping or maintenance of such vicious animal.  Such insurance policy shall provide that no cancellation of the policy shall be made unless ten (10) calendar days' written notice is first given to the City Clerk.

   3.   Signs.  All owners of vicious animals that are dogs within the City shall display in a prominent place on their premises a sign easily readable by the public using the words "Beware of Dog."  In addition, a similar sign is required to be posted on the kennel, pen or other enclosure of such animal.

   4.   Identification.  All owners of vicious animals must provide to the City Clerk two color photographs of the animal clearly showing the color and approximate size of the animal.

   5.   Reporting Requirements.  All owners of vicious animals must report within ten (10) calendar days of its occurrence the following information in writing to the City Clerk:

      A.   The removal from the City or death of a vicious animal;

      B.   The new address of a vicious animal owner if the owner moves within the City limits or if the vicious animal is sold or transferred to another owner.

55.09 RESCUE AND IMPOUNDING OF ANIMALS.

   Whenever an animal is found to be either running at large, neglected, abused, in need of rescue or kept in violation of this chapter, an animal control officer may impound the animal at a veterinary clinic or animal shelter.  The owner of the animal shall be responsible for actual costs attributed to the care and maintenance of the animal.  In addition to those costs, the owner of the animal shall be responsible for the payment of the administrative fee as set out in the Appendix to this Code of Ordinances.

55.10 REDEMPTION OF IMPOUNDED ANIMALS.

   Impounding costs and administrative fees shall be established by resolution of the Council as may be necessary to recover all costs, fees, and charges incurred by the City for impounding and maintaining the animal.  All costs shall be paid before the animal is released.