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Animals found at large in violation of this chapter shall be seized and impounded, or at the discretion of the peace officer, the owner may be served a summons to appear before a proper court to answer charges made thereunder.
1. Trap-Neuter-Return. The City may, upon resolution, adopt a Trap-Neuter-Return Program, also knowns as ‘TNR’ Program, for the humane management of free roaming cats. For the purposes of this ordinance, free roaming cats include any feral, stray or community cat which spends most of its time outdoors and where there is no claim of ownership.
(Subsection 1 – Ord. 654 – Mar. 23 Supp.)
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)
(Code of Iowa, Ch. 717.E)
1. Prohibition. It is unlawful for any person to award a pet or advertise that a pet may be awarded as any of the following:
A. A prize for participating in a game.
B. A prize for participating in a fair.
C. An inducement or condition for visiting a place of business or attending an event sponsored by a business.
D. An inducement or condition for executing a contract which includes provisions unrelated to the ownership, care or disposition of the pet.
2. Exceptions. This section does not apply to any of the following:
A. A pet shop licensed pursuant to Section 162.5 of the Code of Iowa if the award of a pet is provided in connection with the sale of a pet on the premises of the pet shop.
B. Youth programs associated with 4-H Clubs; Future Farmers of America; the Izaak Walton League of America; or organizations associated with outdoor recreation, hunting or fishing, including but not limited to the Iowa Sportsmen’s Federation.
No person shall harbor or maintain more than three domesticated-adult dogs and/or three domesticated-adult cats without first obtaining a permit from the City of Osceola. The permit applicant shall demonstrate that conditions for the animals’ wellbeing are not in violation of Chapter 55.02 of the City of Osceola Code of Ordinance, that no such conditions are present that would compromise public safety, and that no such conditions are present which would constitute a public nuisance pursuant to Chapter 50 of the City of Osceola Code of Ordinances. The fee for such permit shall be $25 and shall be renewed annually. Any number of cats which are exclusively confined within a residential dwelling are exempt from permitting. If nuisance conditions develop at a property where a permit has been issued; or, a violation occurs pursuant to Chapter 55 or Chapter 56 of the City of Osceola Code of Ordinances, said permit shall be revoked and the permit holder shall be ordered to remove all the animals from the residence or premises. Upon the failure of the permit holder to follow orders issued by the City of Osceola, appropriate action may be pursued in the courts either to enforce the order of the City of Osceola and/or to correct the conditions and/or to abate the nuisance.
(Section 55.16 - Ord. 654 - Mar. 23 Supp.)
1. Definitions.
A. “Chicken” shall mean a member of the subspecies Gallus gallus domesticus, a domesticated fowl.
B. “Urban chicken” shall mean a chicken kept on a permitted tract of land pursuant to a permit issued under this chapter.
C. “Permitting officer” shall mean the City Administrator or designee.
D. “Tract of land” shall mean property or a zoned lot that has one single family dwelling located on that property or zoned lot.
E. “Single family dwelling” a building designed for or occupied exclusively by one family.
F. “Permitted tract of land” shall mean that tract of land as identified by the application upon which a permit is granted for keeping chickens pursuant to this chapter.
G. “Permittee” shall mean an applicant who has been granted a permit to raise harbor or keep chickens pursuant to this chapter.
2. Permit Required.
A. Permit Required. No person shall raise, harbor or keep chickens within the City of Osceola without a valid permit obtained from the Permitting Officer under the provisions of this chapter.
B. Application. In order to obtain a permit, an applicant must submit a completed application on forms provided by the Permitting Officer and paying all fees required by this chapter.
C. Requirements. The requirements to this receipt of a permit include:
(1) All requirements of this chapter are met;
(2) All fees for the permit are paid in full;
(3) All judgments in the City’s favor and against the applicant have been paid in full;
(4) The tract of land to be permitted shall contain only one single family dwelling occupied and used as such by the permittee;
(5) The applicant has provided notice to the residents of all immediately adjacent dwellings of the applicant’s intent to obtain a permit.
D. Issuance of Permit. If the Permitting Officer concludes as a result of the information contained in the application that the requirements for a permit have been met, then the officer shall issue the permit.
E. Permit Fee. A fee of $25 shall be charged at the time of issuance.
F. Permit Duration. A permit shall be valid for a two year period. After two years, the permittee shall apply for a renewal of the permit. A permit renewal shall be granted following a re-inspection and remittance of the $25 permit fee.
G. Denial, Suspension, Revocation, Non Renewal. The Permitting Officer may deny, suspend, revoke, or decline to renew any permit issued for any of the following grounds:
(1) False statements on any application or other information or report required by this section to be given by the applicant;
(2) Failure to pay any application, penalty, re inspection or reinstatement fee required by this section or City Council resolution;
(3) Failure to correct deficiencies noted in notices of violation in the time specified in the notice;
(4) Failure to comply with the provisions of an approved mitigation/remediation plan by the Permitting Officer, or designee.
(5) Failure to comply with an provision of this chapter.
H. Notification. A decision to revoke, suspend, deny or not renew a permit shall be in writing, delivered by ordinary mail or in person to the address indicated on the application. The notification shall specify reasons for the action.
I. Effect of Revocation, Etc. When an application for a permit is denied, or when a permit is revoked, the application may not re-apply for a new permit for a period of 1 year from the date of the denial or revocation.
J. Appeals. No permit may be denied, suspended, revoked, or not renewed without notice and an opportunity to be heard is given the applicant or holder of the permit. In any instance where the Permitting Officer had denied, revoked, suspended, or not renewed a permit, the applicant or holder of Urban Chicken may appeal the decision to the City Council within ten (10) business days of receipt by the applicant or holder of the permit of the notice of the decision. The applicant or holder of the permit will be given an opportunity for a hearing the decision of the City Council shall be final. The decision of the Permitting Officer which is not appealed in accordance to this chapter shall be deemed final action.
3. Number and Type of Chickens Allowed.
A. The maximum number of chickens allowed is six (6) per tract of land regardless of how many dwelling units are on the tract.
B. Only female chickens (hens) are allowed.
4. Zoning Districts Allowed.
A. Permits will be granted only tor tracts of land located in R-1 and R-2 Zoning Districts.
5. Non-Commercial Use Only.
A. A permit shall not allow the permittee to engage in chicken breeding or fertilizer production for commercial purposes.
6. Enclosures.
A. Chickens must be kept in an enclosure or fenced area at all times. Chickens shall be secured within a henhouse or chicken tractor during non-daylight hours.
B. Enclosures must be kept in a clean dry, odor-free, neat and sanitary condition at all times.
C. Henhouses, chicken tractors and chicken pens must provide adequate ventilation and adequate sun and shade and must be impermeable to rodents, wild birds and predators, including dogs and cats.
D. Henhouses and chicken tractors.
(1) Henhouses and chicken tractors shall be designed to provide safe and healthy living conditions for the chickens with a minimum of four (4) square feet per bird while minimizing adverse impacts to other residents in the neighborhood.
(i) A henhouse or chicken tractor shall be enclosed on all sides and shall have a roof and doors. Access doors must be able to be shut and locked at night. Opening windows and vents must be covered with predator and bird proof wire of less than one (1) inch openings.
(ii) The materials used in making a henhouse or chicken tractor shall be uniform for each element of the structure such that the walls are made of the same material, the roof has the same shingles or other covering, and any windows or openings are constructed using the same materials. The use of scrap, waste board, sheet metal, or similar materials is prohibited. Henhouse and chicken tractors shall be well maintained.
(2) Henhouses, chicken tractors and chicken pens shall only be located in the rear yard.
(3) Henhouses, chicken tractors and chicken pens must be located at least ten (10) feet from the property line and at least twenty-five (25) feet from any adjacent residential dwelling, church, school or place of business.
E. Any enclosed chicken pen shall consist of sturdy wire fencing. The pen must be covered with wire, aviary netting, or solid roofing.
7. Odor and Noise Impacts.
A. Odors from chickens, chicken manure or other chicken related substances shall not be perceptible beyond the boundaries of the permitted tract of land.
B. Noise from chickens shall not be loud enough beyond the boundaries of the permitted tract of land at the property boundaries to disturb persons of reasonable sensitivity.
8. Predators, Rodents, Insects and Parasites.
A. The permittee shall take necessary action to reduce the attraction of predators and rodents and the potential infestation of insects and parasites. Chickens found to be infested with insects and parasites that may result in unhealthy conditions to human habitation may be removed by the City.
9. Feed and Water.
A. Chickens shall be provided with access to feed and clean water at all times. The feed and water shall be unavailable to rodents, wild birds and predators.
10. Waste Storage and Removal.
A. All stored manure shall be covered by a fully enclosed structure with a roof or lid over the entire structure. No more than three (3) cubic feet of manure shall be stored on the permitted tract of land. The henhouse, chicken tractor, chicken pen and surrounding area must be kept free from trash and accumulated droppings. Uneaten feed shall be removed in a timely manner.
11. Chickens At Large.
A. The permittee shall not allow the permittee’s chickens to roam off the permitted tract of land. No dog or cat or other domesticated animal which kills a chicken off the permitted tract of land will, for that reason alone, not be considered a dangerous or aggressive animal or the City’s responsibility to enforce its animal control provisions.
12. Unlawful Acts.
A. It shall be unlawful for any person to keep chickens in violation of any provision of this chapter or any other provision of the Osceola Code of Ordinances.
B. It shall be unlawful for any owner, renter or leaseholder of property to allow chickens to be kept on property in violation of the provisions of this article.
C. No person shall keep chickens inside a single family dwelling unit, multi family dwelling units or rental unit.
D. No person shall slaughter chickens within the City of Osceola.
E. No person shall keep a rooster.
F. No person shall keep chickens on a vacant or uninhabited tract of land.
13. Nuisances. Any violation of the terms of this chapter that constitutes a health hazard or that interferes with the use or enjoyment of neighboring property is a nuisance and may be abated und the general nuisance abatement provisions of the Osceola Code of Ordinances.
14. Any persons having received prior authorization to raise, harbor, or keep chickens shall be permitted to continue in the same manner as was approved by the City Council until such a time when either the chickens are no longer being raised, harbored, or kept at the property or when the property is sold.
(Section 55.17 – Ord. 592 – Jul. 19 Supp.)
1. Upon a petition brought by the City, a court in the county where an animal is maintained by a responsible party or a City shall determine if the animal is a threatened animal and order its disposition after a hearing.
A. The matter shall be heard within ten days from the filing of the petition for disposition by the City.
B. If the animal has been rescued, the court may order that the animal be placed under the custody of the City and maintained in the same manner as a rescued animal under Section 717B.5 of the Code of Iowa.
C. The court may continue the hearing for up to thirty days upon petition by the responsible party. However, the court shall not grant a continuance unless the animal is maintained by the City. The responsible party must post a bond or other security with the City as a condition of the continuance. The amount of the bond or other security shall be determined by the court, which shall not be more than the amount sufficient to provide maintenance of the animal for thirty days. The court may grant a subsequent continuance upon petition by the responsible party. The continuance shall be for not more than thirty days. The responsible party must post a new bond or security as a condition of the subsequent continuance in the same manner as the original bond or security as otherwise ordered by the court. However, the court shall order the immediate disposition of the animal if the animal is permanently distressed by disease or injury to a degree that would result in severe or prolonged suffering.
2. The hearing to determine if the animal is a threatened animal for purposes of disposition shall be a civil proceeding. If the case is related to a criminal proceeding, the disposition shall not be part of that proceeding and shall not be considered a criminal penalty imposed on a person found in violation of this chapter.
3. If the court determines that an animal is not a threatened animal, the court shall order that the animal be returned to the custody of the responsible party. If the court determines that an animal is a threatened animal, the court shall order the City to dispose of the threatened animal in any manner deemed appropriate for the welfare of the animal. In addition, all of the following apply:
A. The court may order the responsible part to pay an amount which shall not be more than the dispositional expenses incurred by the City. The court may also award the City court costs, reasonable attorney fees and expenses related to the investigation and prosecution of the case, which shall be taxed as part of the costs of the action.
B. If a bond or other security was posted as a condition for a continuance of a disposition hearing as provided in this section, the City may use the posted amount to offset the City’s dispositional expenses.
C. If any moneys are realized from the disposition of a threatened animal, the moneys shall be used to offset the City’s dispositional expenses before satisfying indebtedness secured by any security interest in or lien on the threatened animal.
D. If the threatened animal is owned by more than one responsible party, the amount required to offset the City’s dispositional expenses shall be prorated among the responsible parties based on the percentage of interest owned in the threatened animal attributable to the responsible parties as the threatened animal’s titleholders. For purposes of this paragraph, a responsible party who does not own an interest in the threatened animal shall be deemed to be an owner holding a percentage interest in the animal equal to the largest percentage interest held by a landowner who is attributed an interest as the threatened animal’s titleholder. If the responsible party is a landowner, the City may submit the amount to reimburse the City for its dispositional expenses to the Clerk of the County Board of Supervisors who shall report the amount to the County Treasurer. If the threatened animal is owned by more than one landowner, the amount shall be prorated among the landowners based on the percentage of interest owned in the threatened animal attributable to each landowner as the animal’s titleholders. The amount shall be placed upon the tax books, and collected with interest and penalties after due, in the same manner as other unpaid property taxes. The County shall reimburse a City within thirty days from the collection of the property taxes.
4. A threatened animal that is ordered by a court to be destroyed under this section shall be destroyed only be euthanasia as defined in Section 162.2 of the Iowa Code.
(Code of Iowa, Ch. 717B.4)
(Section 55.17 – Ord. 570 – May 18 Supp.)
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