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A. Artificially Colored Animals; Sale: No chick, duckling, gosling or rabbit that has been dyed or otherwise colored artificially may be sold or offered for sale, raffled, offered or given as a prize, premium or advertising device, or displayed in any store, shop, carnival or other public place.
B. Use As Advertising Devices:
1. Chicks, ducklings and goslings, younger than four (4) weeks of age may not be sold or offered for sale, raffled or offered or given as a prize, premium or advertising device, in quantity of less than twelve (12) birds to an individual person unless sold by a person engaged in the business of selling chicks, ducklings and goslings for agricultural or wildlife purposes.
2. Stores, shops, vendors and others displaying chicks, ducklings or goslings to the public, shall provide and operate brooders or other heating devices that may be necessary to maintain the chicks, ducklings or goslings in good health, and shall keep adequate food and adequate water available to the birds at all times. (Ord. 5204, 3-10-2014; amd. Ord. 5684, 1-17-2023)
A. Sanitary Premises: It shall be unlawful for the owner, caretaker or person in charge of any dog, cat, horse or other animal to permit excrement or droppings from any of said animals to collect on the premises of said person causing odor or an unsanitary condition. Each owner, caretaker or person in charge of an animal shall prevent said animal from interfering with any neighboring residents' peaceful and quiet enjoyment of their property.
B. Owner To Clean Up Droppings: It shall be unlawful for any owner, caretaker 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 owned or publicly owned, other than on the premises of the owner, caretaker or person in charge; provided, however, that the foregoing does not apply to excrement or droppings deposited by Waterloo police dogs or horses when police officers are using said dogs or horses for official police duties.
C. Confined Animal Waste Disposal Systems; Exterior Residential Use Only: Anyone who owns or otherwise cares for any animal in a residential zone, as defined in the Waterloo zoning ordinance, and who intends to install a confined waste system shall conform to all of the following requirements:
1. The confined waste system container (hereinafter "container") shall have a maximum volume of two and thirty six hundredths (2.36) cubic feet or seventeen and seventy two hundredths (17.72) gallons.
2. The container shall be placed in an area of the property not normally occupied or used for play or recreation, and the container shall be buried so that the lid remains exposed.
3. The container shall have a waterproof lid that shall remain closed at all times. The lid may be removed only when animal excrement or droppings are deposited or added. The lid shall, thereafter, be immediately replaced.
4. Lime or activated enzymes shall be added periodically to promote the continued decomposition of waste.
5. Enforcement of this subsection shall be by the Black Hawk County health department and/or the animal control officer, as designated by the city council. (Ord. 5204, 3-10-2014; amd. Ord. 5684, 1-17-2023)
A. Shelter From Sunlight: When sunlight is likely to cause overheating or discomfort, sufficient shade shall be provided to allow all any animal kept outdoors to protect itself from the direct rays of the sun.
B. Shelter From Rain Or Snow: Any 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 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. (Ord. 5684, 1-17-2023)
A. Duty To Report: It shall be the duty of the owner or caretaker of any dog, cat or any other animal which has bitten or attacked a person, or of any person having knowledge of such bite or attack, to report this act to the health department, police department or animal control. It shall be the duty of physicians or veterinarians to report to the health department the existence of any animal known or suspected to be suffering from rabies.
B. Confinement: When a member of the health department, police department, animal control or humane officer receives information that any person has been bitten or attacked by an animal, or that a dog, cat or other animal is suspected of having rabies, the official shall order the owner or caretaker to confine such animal in the manner and place the official directs. If the owner or caretaker fails to confine such animal in the manner directed, the animal shall be apprehended and impounded by such official, and after ten (10) days the animal may be humanely destroyed if it is not redeemed. Before such animal is returned to its owner or caretaker, all fees and charges of impoundment as set forth in subsection 5-1-1E of this chapter must be paid in full. (Ord. 5204, 3-10-2014; amd. Ord. 5684, 1-17-2023)
It shall be unlawful for the owner or caretaker of a dog, cat or other animal to permit or allow said dog, cat or other animal to cause serious annoyance or disturbance to a person or persons by frequent and habitual howling, whining, yelping, barking or other vocal emittance to the unreasonable annoyance of others. After the first written warning, residents of at least three (3) neighboring households must sign a citation or a petition. If the party charged pleads not guilty, the signatories will be asked to appear in court to testify. Proof of ownership of a dog, cat or other animal shall constitute in evidence a prima facie presumption of permission of the owner in any proceedings charging any violation of this subsection. (Ord. 5204, 3-10-2014; amd. Ord. 5684, 1-17-2023)
A. If the owner or caretaker of a dog, cat or other animal is charged or cited, more than three (3) times in any period of twelve (12) months, with a violation of this chapter that requires a service call by animal control to a specific location, a nuisance is hereby declared to exist due to excessive service calls by animal control that place an undue and inappropriate burden on the taxpayers of the city, and said person shall be charged a nuisance service fee for subsequent responses involving the same person or his or her household. The fee shall be an amount determined from time to time by resolution of the city council. For hourly billing, any fraction of an hour is tabulated as a complete hour.
B. Written notice that a person is a chronic violator of this chapter shall be directed to such person, and such notice is appealable to the city council as set forth in section 5-1-13 of this chapter.
C. For any person whose status as a chronic violator is not overturned on appeal, any subsequent service fees chargeable to such person after the date of initial notice will be assessed against the person's property, as shown by the city's animal licensing or registration records, in the manner of a property tax if the service fees are not paid within thirty (30) days. (Ord. 5204, 3-10-2014; amd. Ord. 5684, 1-17-2023)
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)
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