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TITLE I: GENERAL PROVISIONS
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§ 90.06 KEEPING OF VICIOUS ANIMALS PROHIBITED; VICIOUS DOGS.
   (A)   No person shall keep, shelter or harbor for any reason within the city a "vicious animal" so defined herein, except as otherwise provided in this chapter. Once an animal has been deemed a vicious animal, the animal shall not be removed from the city and transferred to another city.
   (B)   Notwithstanding any other provision of this chapter, no person owning, possessing, harboring or having the care of a vicious dog shall permit such animal to go unconfined upon the premises unless the dog is securely leashed and muzzled.
      (1)   For the purpose of this section, a VICIOUS DOG means:
         (a)   Any animal whose behavior constitutes a physical threat of bodily harm to a person in a place where such person is conducting himself or herself peacefully and lawfully. For the purposes of this division (B), a person is peaceably and lawfully upon the private property of an owner or possessor of an animal when he or she is on such property in the performance of any duty imposed by the laws of the jurisdiction or when he or she is on such property upon invitation, express or implied;
         (b)   Any animal involved in an attack which requires defensive action by any person to prevent bodily injury and/or property damage in a place where such person is conducting himself or herself peacefully and lawfully;
         (c)   Any animal involved in an attack on another animal or livestock which occurs off the property of the owner of the attacking animal;
         (d)   Any animal which, in a threatening or terrorizing manner, in an attitude of attack, approaches any person upon the streets, sidewalks or any public grounds;
         (e)   Any animal with a known propensity, tendency or disposition to attack, to cause injury or to otherwise threaten the safety of human beings or domestic animals;
         (f)   Any animal which has attacked a human being or a domestic animal on any occasion causing bodily injury or death;
         (g)   Any animal owned or harbored primarily or in part for the purpose of fighting or any animal trained for fighting; and/or
         (h)   Any animal that has been trained, tormented, badgered, baited or used for the purpose of causing or encouraging the animal to attack humans or domestic animals.
      (2)   An animal shall not be deemed vicious if it bites, attacks or menaces:
         (a)   Anyone assaulting its owner;
         (b)   A trespasser on the property of its owner;
         (c)   A person who has tormented, teased, abused or assaulted it. If a minor was under the age of seven at the time the dog injured such minor, it shall be rebuttably presumed that the minor was not committing a trespass or other tort such as teasing, tormenting or abusing the dog; and
         (d)   In the defense of any human being within the immediate vicinity who was being attacked or assaulted.
      (3)   An animal shall not be deemed vicious if it is assisting a peace officer engaged in law enforcement duties.
      (4)   A vicious dog is UNCONFINED unless such dog is:
         (a)   Securely confined in a dwelling house. An animal is not securely confined in a house if it is kept on a porch, patio or in any part of a house or building that would allow the dog to exit such structure on its own volition. In addition, no such animal is securely confined in a house where the windows are open or when screened windows or screened doors are the only obstacles preventing the dog from exiting the structure and running at large;
         (b)   Securely enclosed in a locked pen or kennel, except when secured within a dwelling house or leashed and muzzled as provided below. The pen or kennel must have secure sides and a secure top. The walls must be at least six feet high. In the absence of a secure top, the walls must be at least six feet taller than any internal structure (such as a dog house);
         (c)   All pens or other structures used to confine vicious dogs must be locked with a key or combination lock when the animal is within the structure. The structure must have a secure bottom, floor or foundation. The sides must be buried no less than two feet into the ground and sunken into a concrete pad so as to prevent digging under the walls by the confined dog;
         (d)   All structures erected to house dogs must comply with all city zoning and building regulations. All such structures must be adequately lighted and ventilated and kept in a clean and sanitary condition; and/or
         (e)   No person shall permit a vicious dog to go outside its home, kennel or pen unless the dog is secured by a leash no longer than six feet in length. Both dog and leash must be under the physical control of a person 18 years of age or older with sufficient strength to prevent the dog's escape. The dog may not be leashed or chained or tethered or otherwise tied to any inanimate object, such as a tree, post or building, outside of its pen, kennel or secured dwelling house.
      (5)   A vicious dog may not be required to be muzzled when shown in an American Kennel Club show or when securely confined in a private vehicle and inaccessible to persons other than those within the vehicle. A vicious dog will be required to be muzzled in the above mentioned circumstances when a person, who is in the presence of the vicious dog, is concerned about his or her safety and requests the owner place a muzzle on the vicious dog.
      (6)   An application to license a vicious dog must include:
         (a)   An insurance policy or a certificate of insurance issued by an insurance company licensed to do business in the state, providing personal liability insurance coverage as in a homeowner's policy, with a minimum liability amount, set by resolution approved by the City Council, for the injury or death of any person, for damage to property of others and for acts of negligence by the owner or agent of the owner in the negligent keeping of such vicious dog;
         (b)   Posting a bond for the amount, set buy resolution approved by the City Council, may be used as an alternative to insurance mentioned in division (B)(6)(a) above. Any association or corporation, whose primary business is the insuring of the fidelity of others, and which has the authority to do business in the state, shall be acceptable as security on the aforementioned bond. All bonds, when duly executed, shall be filed with the Clerk;
         (c)   The insurance policy or certificate of insurance or posting of a bond referred to in this section shall provide that it cannot be canceled or terminated until ten days' notice by registered mail of such cancellation or termination has been received by the City Manager or designee; and
         (d)   The cancellation or other termination of any insurance policy or bond issued in compliance with this division (B) shall automatically revoke and terminate the license issued for a vicious dog unless another policy or bond complying with this section is provided and in effect at the time of such cancellation or termination. The City Manager or designee shall immediately issue written notification of the revocation of said certificate and any license issued as aforesaid.
      (7)   Any owner failing to comply with the provisions of this chapter after it has been determined that said owner's dog is vicious under this section is guilty of a misdemeanor. See Chapter 11 entitled "Municipal Infractions."
      (8)   The following procedure will be followed by the city when it has received a complaint about a dog or when the animal control officer or other law enforcement official has personally seen a dog which is acting in a manner which might conform with the description of a vicious dog in division (B)(1) above.
         (a)   The dog will be picked up and impounded. The owner shall pay all costs of this confinement.
         (b)   The Police Chief or the animal control officer shall devise or cause to be devised a list of people qualified and willing to sit upon a hearing panel for the purpose of determining whether a dog should be labeled vicious under the structures of this section. People qualified to serve on this panel are licensed veterinarians, the city's animal control officer, qualified dog breeders with not less than ten years' experience as active breeders and qualified obedience instructors with not less than ten years' experience in American Kennel Club recognized obedience clubs. From this pool, three people shall be chosen to act as the jury in an official hearing to be conducted to determine the disposition of an impounded dog.
         (c)   The official conducting the hearing shall notify the owner of the impounded dog of the hearing and its purpose by personal service or registered mail. The hearing shall be held no sooner than five days and no later than ten days after the owner is given notice.
         (d)   If an owner is notified of a hearing and no reply is received within ten days, the dog will be humanely destroyed or otherwise disposed of in accordance with state law.
         (e)   During the hearing, both the owner and the person charging the dog shall have opportunity to present evidence both written and oral and to be represented by legal counsel. The panel, after hearing the evidence, shall declare a dog vicious if it finds by a preponderance of the evidence that the dog meets any of the definitions of a vicious dog as laid out in division (A)(1) above.
         (f)   The panel shall have the right to pronounce judgment and require the dog to be impounded until the owner complies with divisions (B)(6)(a) through (B)(6)(c) above, and a failure by the owner to comply within 20 days shall cause the procedures for euthanasia to be carried out.
      (9)   Apprehension and impoundment of vicious dogs shall include:
         (a)   If the owner has previously complied with this section and the dog has nonetheless caused injury to either person or property, the panel may require euthanasia to be carried out on the vicious dog;
         (b)   The order of the panel may be appealed to the Council. In order to appeal, written notice must be filed with the Clerk within three days after receipt of the order of the panel. Failure to file such written notice of appeal shall constitute a waiver of the right to appeal the order of the panel;
         (c)   The notice of appeal shall state the grounds for such appeal and shall be delivered personally or by certified mail to the Clerk. The hearing of such appeal shall be scheduled within 14 days of the receipt of notice of appeal. The hearing may be continued for good cause. The hearing shall be confined to the record made before the panel and no additional evidence shall be taken. After such hearing, the Council may affirm or reverse the order of the panel. Such determination shall be contained in a written decision and shall be filed with the Clerk within three days after the hearing. A copy of the written decision shall also be sent by certified mail to the dog's owner or the owner's designated legal representative;
         (d)   The order of the Council may be appealed within 20 days after the receipt of the written order by the dog's owner or the owner's legal representative, to the District Court in accordance with the Iowa Rules of Civil Procedure. Failure to file such appeal shall constitute a waiver of the right to appeal the order of the Council; and
         (e)   During the process of appeal, the dog will be kept impounded by the city at the expense of the owner or the owner may redeem the dog by complying with the confinement and insurance provisions of this section.
(Ord. 2012-02, passed 2-7-2012; Ord. 2012-03, passed - -2012; Am. Ord. 2022-08, passed 6-28-2022) Penalty, see § 90.99
§ 90.07 VICIOUS ANIMAL EXCEPTIONS.
   The prohibition contained in § 90.06(A) shall not apply to the keeping of vicious animals in the following circumstances:
   (A)   Animals under the control of a law enforcement or military agency; and/or
   (B)   The keeping of guard dogs. However, guard dogs must be kept within a structure or fixed enclosure at all times, and any guard dog found at large may be processed as a vicious animal pursuant to the provisions of § 90.08. Any premises guarded by a guard dog shall be prominently posted with a sign containing the wording "guard dog," "vicious dog" or words of similar import, and the owner of such premises shall inform the Chief of Police that a guard dog is on duty at such premises.
(Ord. 2012-02, passed 2-7-2012; Am. Ord. 2022-08, passed 6-28-2022)
§ 90.08 SEIZURE, IMPOUNDMENT AND DISPOSITION OF VICIOUS ANIMALS.
   (A)   The animal control officer or designee, in his or her discretion or upon receipt of a complaint alleging that a particular animal is a "vicious animal" as defined herein, may initiate proceedings to declare such animal a vicious animal. A hearing on the matter shall be conducted by the municipal hearing officer or Magistrate. The person owning, keeping, sheltering or harboring the animal in question shall be given not less than 72 hours' written notice of the time and place of said hearing. Said notice shall set forth the description of the animal in question and the basis for the allegation of viciousness. The notice shall also set forth that if the animal is determined to be vicious, the owner may be required to securely confine the animal within a proper enclosure, allow the animal to be destroyed or comply with additional or alternative terms and conditions imposed by the City Council or its designee. Once proceedings have been initiated to declare such animal a vicious animal, the animal shall not be removed from the city and transferred to another city unless and until it is decided that the animal is not vicious. The notice shall be served upon any adult residing at the premises where the animal is located, or may be posted on those premises if no adult is present to accept service.
   (B)   If, after hearing, the municipal hearing officer or Magistrate determines that the animal is vicious, the hearing officer or Magistrate shall order the person, firm or corporation owning, sheltering, harboring or keeping the animal to securely confine the animal within a proper enclosure, cause it to be destroyed in a humane manner, or comply with additional or alternative terms and conditions. Once a determination has been made that the animal is vicious, the animal shall not be removed from the city and transferred to another city. The order shall immediately be served upon the individual or entity against whom issued in the same manner as the notice of hearing. The individual or entity so served shall have three business days from the date of service to file a written appeal of the hearing officer's or Magistrate's order to the City Council who may confirm or alter the findings of the hearing officer or Magistrate after holding a public hearing on the matter. If the order is not complied with within a time period the city has deemed to be reasonable, and the order is not appealed to the City Council as provided above, the animal control officer is authorized to seize and impound the animal. An animal so seized shall be impounded for a period of seven calendar days. If, at the end of the impoundment period, the individual or entity against whom the order of the hearing officer or Magistrate was issued has not petitioned the district court for a review of said order, the animal control officer shall cause the animal to be destroyed.
   (C)   Failure to comply with an order of the hearing officer or Magistrate or Council issued pursuant hereto shall constitute a simple misdemeanor, and is also punishable pursuant to this code.
   (D)   Any animal found at large which displays vicious tendencies may be impounded and processed as a vicious animal pursuant to the foregoing, unless the animal is so vicious that it cannot safely be apprehended, in which case the animal control officer may immediately destroy it. If an animal is so impounded, the animal control officer shall try to ascertain and contact the owner of the animal, but if unable to ascertain the owner within 72 hours of the animal's seizure, the animal control officer may destroy the seized animal in a humane manner.
   (E)   Any animal which is alleged to be vicious and which is under impoundment or quarantine at the animal shelter shall not be released to the owner, but shall continue to be held at the expense of the owner pending the outcome of the hearing. All costs of such impoundment or quarantine shall be paid by the owner if the animal is determined to be vicious. If the animal is not determined to be vicious, all costs of such impoundment or quarantine shall be paid by the city.
(Ord. 2012-02, passed 2-7-2012; Am. Ord. 2022-08, passed 6-28-2022)
§ 90.09 RUNNING AT LARGE PROHIBITED.
   It shall be unlawful for any animal, other than those animals deemed to be a community cat, including, but not limited to, cats, dogs, cattle, horses, swine, sheep, fowl or any animal defined as dangerous or vicious by this chapter to run at large within the corporate limits of the city. The owner shall be held responsible and subject to penalty. Running at large, as prohibited by this chapter, is exempted in a sanctioned city activity.
(Ord. 2012-02, passed 2-7-2012; Am. Ord. 2022-08, passed 6-28-2022) Penalty, see § 90.99
§ 90.10 UNLAWFUL TO CAUSE HARM OR INJURY.
   (A)   It shall be unlawful for any dog, cat or any animal to attack persons, birds, fowl, other domestic animals or to destroy property other than the property of the owner of said animal.
   (B)   It shall be unlawful for the owner of a dog, cat or any animal to permit such dog, cat or other animal to attack persons or domestic animals, or to place any person in reasonable fear of attack or injury.
(Ord. 2012-02, passed 2-7-2012; Am. Ord. 2022-08, passed 6-28-2022) Penalty, see § 90.99
§ 90.11 ANIMAL POUND; POUND SUPERVISOR.
   The city may establish and maintain a municipal small animal pound or shelter to be conducted and operated by the city.
   (A)   It shall be the duty of the animal control officer appointed by the city to supervise and control such pound or shelter; to cause same to be kept in a sanitary condition and free from offensive odors, and to provide for adequate wholesome food for animals impounded therein, and to provide careful and humane treatment toward such animals, and to isolate known diseased or dangerous animals.
   (B)   The animal control officer shall provide for humane destruction of animals when necessary or as provided by this chapter.
   (C)   (1)   The animal control officer may use reasonable effort in the placement of unclaimed animals to the custody of responsible persons. The new owner must have the animal vaccinated and secure a current license.
      (2)   The city takes no responsibility nor makes any warranties or assumes any liability for the condition of the animal adopted.
   (D)   The city may, in lieu of or in addition to the establishment and maintenance of a municipal small animal pound, contract with any other governmental body, or an incorporated society or association for the prevention of cruelty to animals, for service.
(Ord. 2012-02, passed 2-7-2012; Am. Ord. 2022-08, passed 6-28-2022)
§ 90.12 OWNER OR PERSON IN CHARGE OF ANIMAL TO CLEAN UP DROPPINGS.
   (A)   It shall be unlawful for any owner or person in charge of a dog, cat, horse or other animal to fail to clean up and/or remove as soon as possible any excrement or droppings deposited by said dog, cat, horse or other animal on any real estate whether privately or publicly owned.
   (B)   This shall apply equally to the owner's property, however an exception shall be granted to farm property or large tracts of land used as riding stables.
(Ord. 2012-02, passed 2-7-2012; Am. Ord. 2022-08, passed 6-28-2022) Penalty, see § 90.99
§ 90.13 OWNER OR PERSON IN CHARGE OF ANIMALS TO KEEP PLACE IN SANITARY CONDITION.
   It shall be unlawful for the owner or person in charge of any dog, cat, horse or other animal to fail to keep the premises where the animal is kept in a clean and sanitary condition at all times.
(Ord. 2012-02, passed 2-7-2012; Am. Ord. 2022-08, passed 6-28-2022) Penalty, see § 90.99
§ 90.14 VACCINATION OF DOGS AND CATS.
   Every owner of a dog or cat which is six months of age or over shall obtain a rabies vaccination for the animal. It is unlawful for any owner to have a dog or cat within the city which is six months of age or over, which has not been vaccinated against rabies.
(Ord. 2012-02, passed 2-7-2012; Am. Ord. 2022-08, passed 6-28-2022) Penalty, see § 90.99
§ 90.15 CONFINEMENT OF FEMALE DOGS AND CATS IN HEAT.
   The owner of any female dog or cat in heat shall confine said female dog or cat in a building which is completely enclosed, or housed in a veterinary hospital or registered kennel, or within the owner's yard enclosed by a fence or other structure having a height of at least 42 inches. Nothing in this provision, however, shall be construed as prohibiting any competent and responsible person from walking said dog or cat with a leash, cord, chain or other similar restraint not more than six feet in length, or from transporting such a dog or cat within a motor vehicle.
(Ord. 2012-02, passed 2-7-2012; Am. Ord. 2022-08, passed 6-28-2022; Am. Ord. 2024-11, passed 11-4-2024) Penalty, see §  90.99
§ 90.16 LIMITED NUMBER OF ANIMALS ALLOWED.
   It shall be unlawful, except for a licensed kennel or pet shop, veterinary hospital or animal grooming shop, for an owner to harbor or house on his or her premises more than four cats or four dogs, or a combination of four such animals, over the age of six months.
(Ord. 2012-02, passed 2-7-2012; Am. Ord. 2022-08, passed 6-28-2022) Penalty, see § 90.99
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