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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)
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)
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
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