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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.
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.
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.
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.
When an animal has been apprehended and impounded, written notice shall be provided to the owner within two (2) days after impoundment, if the owner’s name and current address can reasonably be determined by accessing a tag or other device that is on or part of the animal. Impounded animals may be recovered by the owner upon payment of impounding costs, and if an unvaccinated dog, by having it immediately vaccinated. If the owner fails to redeem the animal within seven (7) days from the date that the notice is mailed, or if the owner cannot be located within seven days, the animal shall be disposed of in accordance with law or destroyed by euthanasia.
(Code of Iowa, Sec. 351.37, 351.41)
When there is reasonable cause to believe that an animal is vicious, the Police Chief is granted the independent authority to issue a Removal Notice and require an owner of an animal to permanently remove the animal from the City. Such requirement will be directed in writing to the owner and the owner will immediately comply. If an owner contests that an animal is a vicious animal, the owner may petition the Council within three (3) business days of the Removal Notice and request a hearing on the matter. The hearing shall take place at the next regularly scheduled meeting of the City Council. However, from the time of Removal Notice and through the time of a hearing, the owner must comply with the written directive and keep the animal outside of the City. If upon written notice, an owner refuses to remove or at any time brings or keeps the animal in the City, an animal control officer may take custody of the animal and the animal may be held in impound until a hearing is held. The animal owner will be responsible for all costs associated with impounding and boarding the animal until the time of the hearing. If after a hearing, the Council determines the animal to be a vicious animal, the animal may be euthanized or humanely killed if it is found to be in the City and the owner shall be responsible for the costs. The provisions of this section do not prohibit the immediate destruction of a vicious animal which is in the act of threatening public safety or which cannot be expeditiously apprehended without substantial risk to any person.
It is the duty of any person who has knowledge of an animal that has bitten or attacked a person, or is suspected of having rabies, to promptly report the information to a peace officer with the Nevada Public Safety Department. It is the duty of physicians and veterinarians to report to the local board of health the existence of any animals known or suspected to be suffering from rabies.
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