5-1A-6: PROHIBITED ACTS AND CONDITIONS:

   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)

5-1A-7: KENNEL PREMISES; NONCONFORMING USE:

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)

5-1A-8: MUNICIPAL POUND:

   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)

5-1A-9: IMPOUNDMENT OF ANIMALS; REDEMPTION:

   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)

5-1A-10: VIOLATION; PENALTY:

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)

ARTICLE B. DANGEROUS ANIMALS AND REGULATED DOGS

SECTION:

5-1B-1: Definitions

5-1B-2: Keeping Of Dangerous Animals Prohibited; Exceptions

5-1B-3: Regulations On Keeping Dangerous Animals

5-1B-4: Prohibitions On Possession Of Animals

5-1B-5: Regulated Dogs

5-1B-6: Guard Dogs

5-1B-7: Registration Of Regulated Dogs

5-1B-8: Tethering Of Dogs

5-1B-9: Dog Attacks

5-1B-10: Irresponsible Dog Owners

5-1B-11: Landlord Liability

5-1B-12: Enforcement

5-1B-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 sections 5-1-15 and 5-1A-1 of this chapter shall apply to the provisions of this article, to the extent applicable.

 

DANGEROUS ANIMAL:	A.   Any animal or species of animal which is not naturally tame or gentle, and which is of a wild nature or disposition, and which is capable of killing, inflicting serious injury upon, or causing disease among human beings or domestic animals and having tendencies as a species to do so. B.   Any animal declared to be dangerous by the city council or an animal control officer. C.   The following animals or species of animals shall be deemed dangerous per se:    1.   All felids, except Felis domestica (domestic cats).    2.   All ursids (bears).    3.   All canids, except Canis familiaris (dogs).    4.   All nonhuman primates.    5.   All crocodilians.    6.   All venomous and constricting snakes.    7.   All venomous reptiles.    8.   All venomous arachnids.    9.   All mustelids, except domestic ferrets.
	D.   In addition to the exceptions stated in subsection C of this definition, the following animals shall not be considered dangerous animals, but nonetheless may be subject to applicable zoning requirements:    1.   Animals kept for farming purposes, including, but not limited to, cattle, bison, pigs, horses, poultry, ostriches, emus, goats, sheep, antelope, llamas, and alpacas.    2.   Constricting snakes whose adult length is less than six feet (6'), and specifically limited to corn snakes, king snakes, garter snakes, ribbon snakes, rat snakes, milk snakes, rosy boas, and ball pythons.    3.   Hamsters, gerbils, guinea pigs, domestic rabbits, and domestic rats.
DANGEROUS DOG:	A.   Any dog which bites or attacks a person or other domestic animal without provocation and causes injury not severe enough to result in a broken bone or a laceration requiring multiple sutures, or any dog that according to available records has committed such acts. B.   Notwithstanding subsection A of this definition, a dog shall not be deemed a dangerous dog in the following circumstances:    1.   Where the dog is used by a law enforcement official for approved law enforcement purposes.    2.   Where the threat or injury was sustained by a person who was committing a willful trespass upon the premises lawfully occupied by the owner or caretaker of the dog, and the dog was properly confined or tethered as required by this chapter.    3.   Where the threat or injury was sustained by a person who was committing or attempting to commit a crime on the property of the owner or caretaker of the dog, or by a person who was attacking the owner or caretaker of the dog.    4.   Where the threat or injury was sustained by a person due to the person torturing, tormenting, abusing, or assaulting the dog, or intentionally inflicting pain on the dog without lawful justification, or by a person in the process of treating or rendering aid to a previously injured animal.    5.   Where the dog was protecting itself or its young.    6.   Where the threat or injury was sustained by a domestic animal that was at large and entered a confined area of the dog.
GUARD DOG:	Any dog trained or used to protect persons or property by attacking or threatening to attack any person found within the area patrolled by the dog and that is either securely enclosed within that area at all times or under the continuous control of a trained handler.
POTENTIALLY DANGEROUS DOG:	Any dog with a tendency or disposition to bite or attack unprovoked, to otherwise endanger the safety of humans or other domestic animals, or that chases or approaches a person or other domestic animal without provocation while off its owner's or caretaker's property in a menacing fashion or apparent attitude of attack, if the owner of such dog is convicted or pleads guilty, no contest, or the equivalent to a violation of subsection 5-1A-6B of this chapter based on fear of attack or injury.
REGULATED DOG:	Any dog that is a "potentially dangerous dog", "dangerous dog", or "vicious dog" as defined by this article.
VICIOUS DOG:	A.   Any dog which bites or attacks a person or other domestic animal without provocation and causes injury that results in one or more broken bones or a laceration requiring multiple sutures, or any dog that according to available records has committed such acts. B.   Any dog that kills a person or other domestic animal without provocation while off the property of its owner or caretaker. C.   Notwithstanding subsections A and B of this definition, a dog shall not be deemed a vicious dog under the same circumstances in which a dog would not be deemed a dangerous dog as set forth under the definition of a "dangerous dog". (Ord. 5204, 3-10-2014; amd. Ord. 5684, 1-17-2023)