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(A) General. The City Administrator shall be responsible for the administration of the provisions of this chapter. The City Administrator, and the City Administrator’s duly-designated representatives, including, but not limited to, the Chief of Police or any member of the Police Department, shall be responsible for the enforcement of the provisions of this chapter. Those persons charged with enforcing the provisions of this chapter shall have the authority to seize and impound animals pursuant to the provisions of this chapter and shall have the authority to write and serve municipal infraction citations and enforcement/impoundment fee tickets as provided in this chapter. It shall be the duty of those persons charged with enforcing the provisions of this chapter to impound any animals found in violation of the terms of this chapter, unless the responsible party for the animal can be served a municipal infraction and the officer believes the impoundment is not warranted. References to the City Administrator herein contained shall be deemed to include the City Administrator’s duly-appointed designee.
(2011 Code, § 13.0301)
(B) Contracts with an animal control facility. The city may contract with another governmental entity, nonprofit, or private entity for the prevention of cruelty to animals, for the collection and protection of dogs and cats, for the maintenance of a shelter or pound, for unlicensed or untagged dogs and cats and for lost, strayed or homeless dogs and cats and for the destruction or other disposition of seized dogs and cats not redeemed, as provided by this chapter.
(2011 Code, § 13.0320)
(Ord. 2189, passed 4-10-2012; Ord. 2205, passed 1-28-2013; Ord. 2426, passed 3-20-2023)
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. Words used in the singular include the plural and the plural the singular, the masculine gender includes the feminine and the feminine the masculine.
ABANDON. 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.
ANIMAL. Every wild, tame or domestic member of the animal kingdom other than the genus and species Homo sapiens.
CAT. Both male and female animals of the feline species, whether neutered or not.
DANGEROUS ANIMAL.
(1) Any animal which is not naturally tame or gentle, and which is of a wild nature or disposition, and which is capable of killing, inflicting serious injury upon, or causing disease among, human beings or domestic animals and having known tendencies as a species to do so;
(2) Any animals declared to be dangerous by the City Administrator or the City Administrator’s designee; and
(3) The following animals which shall be deemed to be DANGEROUS ANIMALS per se:
(a) Artiodactyla of the family Antilocapridae which includes pronghorns;
(b) Artiodactyla of the family Cervidae which includes moose and caribou;
(c) Artiodactyla of the family Suidae and the genus and species Sus scrofa (domestic swine and wild boar) which includes all male and female wild boars; this shall not apply to breeds of domesticated miniature pigs, as regulated by § 90.13 of this chapter;
(d) Bovidae - males only (bulls);
(e) Carnivora of the family Canidae which includes wolves and foxes, but excluding domestic dogs;
(f) Carnivora of the family Felidae which includes lions, lynx, and bobcats, but excluding domestic cats;
(g) Carnivora of the family Mustelidae which includes badgers, wolverines, weasels and skunks, except ferrets;
(h) Carnivora of the family Procyonidae which includes raccoons;
(i) Carnivora of the family Ursidae which includes bears;
(j) Chelonia of the family Chelydridae (snapping turtles);
(k) Crocodilia which includes crocodiles and alligators;
(l) Chiroptera (bats);
(m) Proboscidae (elephants);
(n) Rodentia of the family Muridae (rats), except white rats kept as household pets;
(o) Squamata of the suborder Ophidia (snakes) which are venomous; and
(p) Squamata of the suborder Ophidia (snakes) which are constrictors that are greater than six feet in length.
(2011 Code, § 13.0302) (Ord. 2189, passed 4-10-2012; Ord. 2205, passed 1-28-2013; Ord. 2280, passed 1-4-2017)
(A) (1) Dogs and pigs properly identified as required by law shall be deemed at large if the animal is off the premises of the owner. A dog or pig shall not be deemed at large if:
(a) On the premises of its owner;
(b) Off the premises of the animal’s owner and under the control of a person given charge of the dog by the owner by leash, cord, chain or other similar restraint not more than six feet in length;
(c)
Confined within a motor vehicle;
(d) Properly housed in a veterinary hospital or kennel or commercial establishment as defined by Iowa Code Ch. 162; or
(e) In the designated enclosed area of a city owned dog park.
(2) Cats are allowed to be unrestrained any time within the city, except agents and agencies responsible for animal control within the city are hereby authorized to temporarily seize any cat running at large within the city for the limited purposes of ascertaining whether such cat is currently licensed and vaccinated for rabies. Upon confirmation of current license and rabies tags, such cat shall be immediately released. In the absence of a current license or rabies tag, such cat shall be impounded as provided hereinafter.
(3) A cat, properly licensed and displaying such license as required by law, shall not be deemed at large if the cat is not causing damage or interfering with property of another.
(2011 Code, § 13.0303)
(B) No owner, or person in charge, of any licensed or unlicensed dog, or any cat, or any pig, shall permit such dog or cat or pig to run at large in the city at any time as described in division (A) above.
(2011 Code, § 13.0319)
(C) Owners utilizing an electronic underground invisible fence to contain dogs in the front yard or side yard of a corner lot of their residential property shall post a sign in such a place as to provide notice to persons entering the property or utilizing an adjacent public sidewalk or street indicating the presence and use of an invisible fence.
(Ord. 2189, passed 4-10-2012; Ord. 2205, passed 1-28-2013; Ord. 2247, passed 5-4-2015; Ord. 2280, passed 1-4-2017; Ord. 2426, passed 3-20-2023) Penalty, see §
90.99
(A) No person shall keep, shelter or harbor as a pet, guardian or for any other purpose, within the city, a dangerous animal, as defined herein, except as provided in division (B) below.
(2011 Code, § 13.0306)
(B) The prohibition contained in division (A) above shall not apply to the keeping of dangerous animals in the following circumstances:
(1) Zoo or institution. The keeping of dangerous animals in a public zoo, bona fide educational or medical institution, museum or other place where they are kept as live specimens for the public to view, or for the purpose of instruction or study;
(2) Pet shop or circus. The keeping of dangerous animals for exhibition to the public by a circus, carnival, exhibit, show or licensed pet shop;
(3) Veterinarians. The keeping of dangerous animals in a bona fide, licensed veterinary hospital for treatment; or
(4) State Conservation Commission. Any dangerous animals under the jurisdiction of and in the possession of the state’s Conservation Commission pursuant to Iowa Code Chs. 481A, 481B and 481C.
(2011 Code, § 13.0307)
(C) Regulation of keeping dangerous animals. The following regulations shall apply to the keeping of dangerous animals within the city:
(1) Report to the police. Every person, firm or corporation owning, keeping, sheltering or harboring a dangerous animal pursuant to division (B) above shall report such fact to the Police Department, together with the following information:
(a) The species name of each animal;
(b) The number of such animals of each species kept on the premises;
(c) A physical description of each animal, including any pet names to which it might respond;
(d) The location of such animal or animals within the city, including the location of the cage or place of confinement upon or in said premises wherein the animal or animals are kept; and
(e) In the case of poisonous dangerous animals, the location of the nearest source of anti-venom for that species.
(2) Confined. Every person firm or corporation keeping, sheltering or harboring a dangerous animal shall, at all times, keep such animals securely confined within a cage or other enclosure sufficient to prevent physical contact between said animal and all persons other than bona fide animal caretakers working under the control of said animal owner.
(3) Anti-venom. Every person firm or corporation keeping, sheltering or harboring a poisonous dangerous animal shall be required to keep ten doses of anti-venom on hand and current at all times.
(4) Trespass. No person firm or corporation owning keeping, sheltering or harboring a dangerous animal shall allow such animal to enter upon or traverse any public property, park property, public right-of-way or the property of another, except when such animal is being transported while caged or confined.
(5) At large. In the event that a dangerous animal is found at large and unattended upon public property, park property, public right-of-way or the property of someone other than its owner, thereby creating a hazard to life or property, such animal may, in the discretion of the City Administrator or the City Administrator’s designee, or the Chief of Police, be destroyed if it cannot be confined or captured. The city shall be under no duty to attempt the confinement or capture of a dangerous animal found at large, nor shall it have a duty to notify the owner of such animal prior to its destruction.
(6) Order to remove. In the event that the City Administrator or the City Administrator’s designee determines that a dangerous animal is being kept, sheltered or harbored by any individual or entity in violation of the provisions of this chapter, the City Administrator or the City Administrator’s designee may, in the City Administrator’s discretion, have such individual or entity prosecuted for such violation, and/or City Administrator or designee may order such individual or entity to remove such dangerous animal from the city or destroy it. Such order shall be contained in a notice to remove dangerous animal, which notice shall be given in writing, directed to such individual or entity, and delivered personally or by certified mail. Such order of the City Administrator or the City Administrator’s designee shall be appealable to the City Council, which may affirm or reverse such order, and the notice shall so state.
(7) Appeal. Any individual or entity desiring to appeal an order issued by the City Administrator or the City Administrator’s designee, pursuant to division (C)(6) above, to the City Council may do so by filing a written notice of appeal with the Mayor within seven days after receipt of the notice to remove dangerous animal. The notice of appeal shall state the grounds for such appeal and shall be delivered personally or by certified mail to the Mayor. The hearing of such appeal shall be scheduled within 30 days of the receipt of notice of appeal. After such hearing, the City Council may affirm or reverse the order of the City Administrator. Such determination shall be contained in a written decision and shall be filed with the Mayor within 20 days after the hearing or any continued session thereof.
(8) Council action.
(a) If the City Council affirms the action of the City Administrator, the Council shall also order in its written decision that the individual or entity owning, sheltering, harboring or keeping such dangerous animal remove such animal from the city or destroy it.
(b) The decision and order shall immediately be served upon the person or entity against whom rendered in the same manner as the notice of removal. If the order is not complied with within seven days of its issuance, the City Administrator or the City Administrator’s designee is authorized to seize and impound such dangerous animal. An animal so seized shall be impounded for a period of seven days.
(c) If, at the end of the impoundment period, the individual or entity against whom the decision and order of the City Council was issued has not petitioned the County District Court for a review of the order, the City Administrator or the City Administrator’s designee shall cause the animal to be disposed of by sale or destroyed in a humane manner.
(2011 Code, § 13.0308)
(Ord. 2205, passed 1-28-2013) Penalty, see § 90.99
No person shall aid or cause any animal, whether owned by such person or not, to escape confinement or impoundment, whether such confinement or impoundment be upon such person’s property or that of another, by opening any gate, door or window, by making an opening in any fence, enclosure or structure, or by unleashing such animal.
(2011 Code, § 13.0309.1) Penalty, see § 90.99
It shall be prohibited for any person to permit or allow an animal owned by that person or under that person’s custody or control to defecate upon public property, park property, public right-of-way or the property of another.
(2011 Code, § 13.0309.2) Penalty, see § 90.99
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