(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