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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)
A. At Large: It shall be unlawful for the owner or caretaker of a dog or cat to permit or allow such dog or cat to be at large. Any dog or cat found at large shall be presumed to be so with the permission of its owner or caretaker, and proof of ownership and that said dog or cat was at large shall constitute in evidence a prima facie presumption in any proceeding charging any violation of this subsection. As to any dog at large under the circumstances described in section 5-1B-9 of this chapter, violation of this subsection shall constitute a misdemeanor and be punishable by a fine of not less than an amount determined from time to time by resolution of the city council, or constitute a municipal infraction. For purposes of determining the civil penalty applicable to subsequent municipal infraction offenses, any violation of this subsection that occurs after the first offense is a subsequent offense.
B. Dogs Or Cats Attacking, Causing Damage Or Injury:
1. It shall be unlawful for the owner or caretaker of a dog or cat to permit such dog or cat to attack persons or domestic animals or to destroy property, or to permit such dog or cat to place persons in reasonable fear of attack or injury. Proof of ownership of a dog or cat and that said dog or cat did attack persons or domestic animals, destroy property, or place persons in reasonable fear of attack or injury shall constitute in evidence a prima facie presumption of permission of the owner or caretaker in any proceeding charging violation of this subsection.
2. Animal control shall have discretion about whether to charge a violation of this subsection, depending on the particular circumstances and whether the animal constitutes a risk of attacking again, and in exercising such discretion animal control may be aided by the professional opinion of a veterinarian or trained animal behaviorist. If a decision is made to charge a violation concerning a dog, then animal control will classify the dog as potentially dangerous, dangerous or vicious pursuant to article B of this chapter and will provide written notice of same to the owner or caretaker.
3. The owner or caretaker of a dog that has attacked must produce the dog to animal control for rabies testing, at the cost of the owner or caretaker. If the dog is not produced, it may be seized and the owner or caretaker will be guilty of a municipal infraction.
C. Female Dogs Or Cats In Heat: The owner or caretaker of any female dog or cat in heat shall confine said female dog or cat in a building, or keep the same in his or her presence so that the said female dog or cat cannot come into contact with another animal except for planned breeding.
D. Feeding Feral Cats: It shall be unlawful for any person to feed any cat that is at large without a collar, license tag, or imbedded ownership chip, except for a person who does so as an authorized participant in a city sponsored program to trap, neuter and release such cats.
E. Litters: It shall be unlawful for any person who does not possess a commercial breeder license or permit issued by the state of Iowa or the federal government to keep, shelter, or harbor a female dog or a female cat with its litter that at any time exceeds two (2) offspring, unless the person registers the litter with animal control within five (5) days of birth or acquisition and pays a registration fee in an amount determined from time to time by resolution of the city council. Animal control may seize the entire litter and the mother that are in the possession of any person violating this paragraph, and the person shall be guilty of a municipal infraction. (Ord. 5204, 3-10-2014; amd. Ord. 5684, 1-17-2023)
Any premises declared by this article to be a kennel that is not located in a properly zoned district under the provisions of the Waterloo zoning ordinance, is hereby declared to be a nonconforming use. Said use of a premises as a kennel shall not be enlarged, extended, reconstructed, substituted or structurally altered except when required by law, nor shall the number of dogs or cats over six (6) months of age be increased. Whenever a dog or cat, owned or kept on a premises declared by this article to be a kennel, dies or is sold or is given away, said dog or cat shall not be replaced until such time as the use of said premises is no longer a kennel and a nonconforming use as defined by this section. In addition, in the event that the use of a premises as a kennel is discontinued for a period of one year, use of the same shall conform thereafter to the uses permitted in the zoning district in which it is located. (Ord. 5204, 3-10-2014; amd. Ord. 5684, 1-17-2023)
A. City May Establish: The city may establish and maintain a municipal animal pound or shelter to be conducted and operated by the city. It shall be the duty of the authorized persons appointed by the city to supervise and control such pound or shelter, to cause it to be kept in a sanitary condition and free from offensive odors, to provide adequate and wholesome food for animals impounded therein, to provide careful and humane treatment toward such animals, to isolate diseased animals, and to provide for humane destruction of animals when necessary.
B. Contract For Care: In lieu of the establishment and maintenance of animal pounds, the city may contract with any incorporated society or association for the prevention of cruelty to animals for the collection and protection of licensed or unlicensed dogs, cats and other animals, for the maintenance of a shelter or pound for licensed or unlicensed dogs, cats or other animals, for the collection of dogs or cats, or other animals "at large" as herein defined, for the destruction or other disposition of seized dogs or cats, or other animals, not redeemed as provided by this article, for the disposal of dead animals, and to assist in the collection of licenses upon dogs and cats. (Ord. 5204, 3-10-2014; amd. Ord. 5684, 1-17-2023)
A. Apprehension And Impoundment: Any dog or cat found running at large, whether or not wearing a license tag and valid rabies vaccination tag, may be apprehended and impounded. If the owner does not redeem the dog or cat within five (5) days after the date of notice, or if an animal without identification is not redeemed within three (3) days after impoundment, the dog or cat 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.
B. Permanent Identification : Each dog apprehended after being found at large, and each dog confined pursuant to subsection 5-1-10B of this chapter, shall be assigned a registration number by animal control or its designee. If a registration number has not previously been affixed to the dog by permanent microchip implant, tattoo or some other permanent means, then before the dog is released to its owner or caretaker the registration number shall be so affixed by a licensed veterinarian or other person acceptable to the city, at the expense of the owner or caretaker. If multiple forms of identification are available, the owner or caretaker may select the type to be used. No person shall remove or alter such identification once it is affixed.
C. Spay/Neuter: An owner or caretaker of a dog or cat apprehended after being found at large for the third (3rd) time in a calendar year will be notified that the animal will be spayed or neutered before being redeemed.
D. Redemption Of Animal: Unless the animal is to be destroyed by order of animal control, or unless the animal is being tested for rabies or other communicable diseases, any dog or cat that was impounded may be redeemed by the owner or caretaker thereof upon 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. (Ord. 5204, 3-10-2014; amd. Ord. 5684, 1-17-2023)
Unless any section of this article prescribes a different penalty, any person violating any provision of this article shall be deemed guilty of a municipal infraction. The court may grant any other appropriate alternative relief. (Ord. 5204, 3-10-2014; amd. Ord. 5684, 1-17-2023)
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