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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
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) |
A. Annual License: The owner of all dogs and cats six (6) months old or older, whether service animals or otherwise, shall annually obtain a license therefor as hereinafter provided.
B. Application By Owner: The owner of a dog or cat, for which a license is required, shall on or before January 1 of each year apply to the city clerk for a license for each dog or cat owned by said owner. Such application or license may be made after January 1, and at any time, for a dog or cat which has come into the possession or ownership of the applicant, or which has reached the age of six (6) months after said date.
C. Form Of Application: Subject application shall be in writing on blanks provided by the city clerk, and shall state the breed, sex, age, color, markings and name, if any, of the dog or cat, and the address of the owner and be signed by said owner. Such application shall also state the date of the most recent rabies vaccination, the type of vaccine administered and the date the dog or cat shall be revaccinated.
D. License Fees:
1. The annual license fee for each dog or cat shall be determined from time to time by resolution of the city council. Fees shall be paid by March 31 or within ninety (90) days after the date on which any dog or cat that is not licensed first becomes subject to licensure under subsection B of this section. Any fee not paid by the due date shall increase to an amount determined from time to time by resolution of the city council.
2. Duplicate licenses shall be issued at a cost determined from time to time by resolution of the city council.
3. The city license fee shall be waived for all dogs or cats if the owner of said dogs or cats has a valid license issued by the state of Iowa that allows the keeping of such animals.
4. The owner of all dogs or cats six (6) months old or older must comply with all the provisions of this article, including, but not limited to, the obtaining of rabies vaccination and license tag, even if the license fee has been waived. A written certificate from a licensed veterinarian shall be required to prove that a dog or cat is incapable of breeding and has been vaccinated for rabies.
E. Term Of License: All licenses shall expire on January 1 of the year following the date of issuance, and a license tag issued for one dog or cat shall not be transferable to another dog or cat.
F. Transfer Or Change Of Ownership: When the permanent ownership of a dog or cat is transferred, the license for the same may be transferred by the city clerk by the notation on the license record giving name and address of the new owner.
G. Implied Consent: The application for and the receipt of a license as required herein shall include an implied consent by the owner to permit an inspection of both real and personal property under his control for the purpose of carrying out the provisions of this article, including inspection for cruelty to animals or an inspection of sanitary conditions.
H. Delinquent Licenses: All license fees for dogs or cats become delinquent on April 1 in the year in which they are due and payable, and a penalty shall be added to each unpaid license on or after said date in the like amount of the annual license fee as hereinbefore set out in subsection D of this section. (Ord. 5204, 3-10-2014; amd. Ord. 5684, 1-17-2023)
The foregoing requirements for licenses for dogs or cats shall not apply to dogs or cats that are under the control of the owners or handlers while in transit or to be exhibited or to nonresidents of the city if they are in the state for less than thirty (30) days or which are assigned to a research institution or like facility. The license fee shall be waived for all dogs or cats if the owner of said dogs or cats has a valid state license for said dogs or cats. (Ord. 5204, 3-10-2014; amd. Ord. 5684, 1-17-2023)
A. Required: Every owner of a dog or cat shall obtain a rabies vaccination for such animal. It shall be unlawful for any person to own or have a dog in his possession six (6) months of age or over which has not been vaccinated against rabies.
B. Type Of Vaccine: The rabies vaccination required by subsection A of this section shall be an injection of anti-rabies vaccine approved by the Iowa state department of agriculture, and the frequency of revaccination necessary for approved vaccination shall be as established by subject department. The vaccine shall be administered by a licensed veterinarian and shall be given as approved by the Iowa state department of agriculture. Evidence of said rabies vaccination shall be a certificate of vaccination signed by a licensed veterinarian, and the certificate shall show that the vaccination does not expire within six (6) months from the effective date of the dog or cat license. (Ord. 5204, 3-10-2014; amd. Ord. 5684, 1-17-2023)
A. Required: The city clerk, Animal Control officers and Humane Society shall, upon receipt of application, payment of license fee and proof of rabies vaccination, provide to the applicant a license which shall be in the form of a metal tag.
B. Use Of License Tag: Said license tag shall be attached by the owner of a dog or cat to a substantial collar or harness and during the term of license shall be at all times kept on the dog or cat for which the license is issued. On the expiration of the license, the owner shall remove said tag from the dog or cat. (Ord. 5204, 3-10-2014; amd. Ord. 5684, 1-17-2023)
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