5-1-13: ADMINISTRATIVE PROCEDURES:

   A.   Notice: Any notice or order issued under this chapter shall be in writing and shall be delivered either personally, by certified mail or by conspicuous posting on the entry door of the premises. A notice or order shall be deemed to have been delivered at the time of personal delivery, three (3) business days after the date of mailing, or one business day after posting.

   B.   Bonds: Any bond required by this chapter shall be in an amount totaling the current daily rate of impoundment at animal control multiplied by forty five (45) days, but not to exceed an amount determined from time to time by resolution of the city council. The bond may be filed as a cash bond or a surety bond executed by a solvent company authorized to do business in the state of Iowa and which is acceptable to the city. If the city council ultimately reverses the notice or order appealed from, all costs paid and any bond posted by the owner or caretaker shall be refunded. If the animal or dog is found to have been kept, harbored, or sheltered in violation of this chapter, any fees or charges incurred in caring for the animal or dog, as set forth in subsection 5-1-1E of this chapter, through the appeal process shall be charged against the bond, and the owner or caretaker shall be liable for any excess.

   C.   Appeal Procedure:

      1.   Any individual or entity desiring to appeal a notice or order issued by animal control may do so by filing a written appeal with the city clerk within seven (7) days after the date of delivery of such notice or order. The notice of appeal shall state the grounds for such appeal. In addition, a filing fee in an amount determined from time to time by resolution of the city council must also be paid to the city clerk for the appeal to be considered filed.

      2.   The hearing on the appeal shall be scheduled for a date within thirty (30) days of the receipt of notice of appeal and shall be scheduled for no more than thirty (30) minutes in length or such additional time as the city council in its discretion may deem necessary. If the appellant desires additional time, he or she must make application to the city council for an extension at least seven (7) days prior to the hearing. The appeal hearing shall be simple and informal, without regard to technicalities of procedure or rules regarding admissibility of evidence. The city council may consider any evidence it considers credible, including written summaries and other secondary sources, and give such weight to the evidence as it considers warranted. After such hearing, the city council by simple majority may affirm or reverse the finding or order of the animal control officer. Such determination shall be contained in a written decision and shall be filed with the city clerk within ten (10) days after the hearing, or any continued session thereof, and the city clerk shall deliver a copy of the decision to the appellant. (Ord. 5204, 3-10-2014; amd. Ord. 5684, 1-17-2023)

5-1-14: ENFORCEMENT:

   A.   In addition to any police officer of this city, animal control officers shall have police powers in enforcement of this chapter; and no person shall interfere with, hinder, molest or abuse any such officer in the exercise of his or her powers. For the purpose of discharging the duties imposed by this chapter and to enforce its provisions, any officer is empowered to enter upon any premises upon which a dog, cat or other animal is kept or harbored and to demand proof by the owner or caretaker of such dog, cat or other animal that the animal is licensed and has had the proper rabies vaccination tag.

   B.   If a police officer or animal control officer shall find upon inspection of a private premises that a dog, cat or other animal has not received rabies shots, is not licensed, or has inadequate feed, water or shelter, the officer may remove said dog, cat or other animal to the city impoundment facility, with a veterinarian or at a kennel. Following impoundment, animal control shall give written notice to the owner, if known, within two (2) days. If the owner does not redeem the dog, cat or animal within five (5) days after the date of the notice, or if the owner is not known and animal control is not contacted by an owner or caretaker within three (3) days after impoundment, the animal may be humanely destroyed or, in appropriate circumstances as determined by animal control, may be disposed of by sale or by donation to a suitable animal shelter or rescue organization. Fees and charges of said removal and boarding of said animal, as set forth in subsection 5-1-1E of this chapter, shall be paid by the owner or caretaker of the dog, cat or other animal from whom it was taken. (Ord. 5204, 3-10-2014; amd. Ord. 5684, 1-17-2023)

5-1-15: DEFINITIONS:

For purposes of this chapter, including each article under this chapter, unless the context indicates otherwise, the following words and phrases shall have the meanings respectively ascribed to them in this section:

 

ANIMAL CONTROL:	The city department and its officers that have been appointed by the city council to enforce the animal control ordinances of the city, or another governmental agency or private party which the city council has appointed by contract for such purpose.
AT LARGE:	An animal is at large if it is found within the city off the premises of its owner or caretaker, however, an animal will not be deemed at large if: A.   It is properly housed in a veterinary hospital, licensed kennel, pet shop, or animal shelter. B.   It is under the control of authorized public safety personnel. C.   It is under the control of a professional handler for special events including, but not limited to, 4-H events, school events, sanctioned pet or animal shows, training activities, or animal assisted therapy. In addition, a dog or cat, properly licensed as required by article A of this chapter, will not be deemed at large if: a) it is restrained by a rope, leash, cord, chain, or restraining device not less than ten feet (10') in length, or is properly restrained within a motor vehicle or trailer, or b) it is within the fenced boundaries of an area designated by the city as a dog park and the owner or caretaker is present.
CARETAKER:	Any person having possession of an animal, for a period of more than six (6) hours for any purpose, where the person in possession does not own the animal, other than a licensed veterinarian, animal behaviorist, animal shelter, or member of the owner's immediate family who resides in the same household as the owner.
OWNER:	Any person owning, keeping or harboring an animal or fowl. (Ord. 5204, 3-10-2014; amd. Ord. 5684, 1-17-2023)

 

ARTICLE A. DOGS AND CATS

SECTION:

5-1A-1: Definitions

5-1A-2: Licenses Required

5-1A-3: Exceptions To License Requirements

5-1A-4: Rabies Vaccination Required

5-1A-5: License Tags

5-1A-6: Prohibited Acts And Conditions

5-1A-7: Kennel Premises; Nonconforming Use

5-1A-8: Municipal Pound

5-1A-9: Impoundment Of Animals; Redemption

5-1A-10: Violation; Penalty

5-1A-1: DEFINITIONS:

As used in this article, unless the context indicates otherwise, the following words and phrases shall have the meanings respectively ascribed to them in this section. In addition, the words and phrases defined in section 5-1-15 of this chapter shall apply to the provisions of this article, to the extent applicable.

ADEQUATE FEED:	The provision at suitable intervals of not more than twenty four (24) hours or longer if the dietary requirements of the species so require, of a quantity of wholesome foodstuff suitable for the species and age, sufficient to maintain a reasonable level of nutrition in each animal. The foodstuff shall be served in a clean receptacle, dish or container.
ADEQUATE WATER:	A supply of clean, fresh, potable water supplied in a sanitary manner at least twice daily at suitable intervals for the animal and not to exceed twelve (12) hours at any interval.
ANIMAL POUND OR SHELTER:	A facility operated by the city for the purpose of impounding or harboring seized, stray, homeless, abandoned or unwanted dogs, cats or other animals; or a facility operated for such a purpose under a contract with the city.
BOARDING KENNEL:	A place or establishment other than a pound or animal shelter where dogs or cats not owned by the proprietor are sheltered, fed and watered in return for a consideration.
COMMERCIAL BREEDER:	A person engaged in the business of breeding dogs or cats, or both, for sale, whether or not such animals are raised, trained, groomed or boarded by such breeder.
COMMERCIAL KENNEL:	A kennel which performs grooming or training services for dogs or cats, or both, and may or may not render boarding services in return for a consideration.
DEALER:	Any person who is engaged in the business of buying for resale or selling or exchanging dogs or cats as a principal or agent, or who holds himself out to be so engaged.
HOUSING FACILITY:	Any room, building or area used to contain a primary enclosure or enclosures.
KENNEL:	An area of private property that is sheltered where dogs or cats are kept under constant restraint.
OUTDOOR FACILITIES:	A.   Shelter From Sunlight: When sunlight is likely to cause overheating or discomfort, sufficient shade shall be provided to allow all dogs or cats and any other animal kept outdoors to protect themselves from the direct rays of the sun. B.   Shelter From Rain Or Snow: Dogs, cats and other animals kept outdoors shall be provided with access to shelter to allow them to remain dry during rain or snow. C.   Shelter From Cold Weather: Shelter must be provided for all dogs or cats and any animals kept outdoors when the atmospheric temperature falls below fifty degrees Fahrenheit (50°F). Sufficient clean bedding material or other means of protection from the weather elements shall be provided when the ambient temperature falls below that temperature to which the species is acclimated. Pet carriers, crates and pet taxis are not considered adequate shelter against the cold.
	D.   Drainage: A suitable method shall be provided to rapidly eliminate excess water from the living area of the dog or cat or other animal. E.   Vehicles: Animals cannot be left in a vehicle, on a vehicle, or tethered to a vehicle for a length of time that could result in danger to or death of an animal, when the atmospheric temperature falls below fifty degrees Fahrenheit (50°F) and/or when the heat index reaches seventy-five degrees Fahrenheit (75°F). If the animal control officer determines that such an animal is in immediate danger, the animal control officer or designee may remove the animal by whatever means is necessary without liability, for the purpose of taking the animal in for protective custody. Redemption of any animal taken into custody shall require payment of all fees and charges as set forth in subsection 5-1-1E of this chapter within the applicable time allowed by this chapter or by order of animal control or the city council. !
PET SHOP:	An establishment where any dog, cat or other animal or fowl, or other vertebrate animal is sold, exchanged or offered for sale to the general public.
PRIMARY ENCLOSURE:	Any structure used to immediately restrict an animal to a limited amount of space, such as a room, pen, cage or compartment.
RESEARCH FACILITY:	Any school or college of medicine, veterinary medicine, pharmacy, dentistry or osteopathy, or hospital, diagnostic or research laboratories, or other educational or scientific establishment situated in this state concerned with the investigation of, or instruction concerning the structure or function of, living organisms, the cause, prevention, control or cure of diseases or abnormal conditions of human beings or animals.
SERVICE ANIMAL:	Any guide dog, signal dog, or other animal individually trained to provide assistance to a person with a disability or that serves public health, safety and law enforcement personnel, as well as any dog enrolled in a recognized formal training program for those types of services.
TRANQUILIZE:	To temporarily sedate any animal for gaining control. (Ord. 5204, 3-10-2014; amd. Ord. 5684, 1-17-2023)