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)

 

5-1B-2: KEEPING OF DANGEROUS ANIMALS PROHIBITED; EXCEPTIONS:

   A.   No person shall keep, shelter, or harbor as a pet, guard, or for other purpose, within the city, a "dangerous animal" as defined in this article, except as provided in subsection B of this section or in section 5-1B-3 of this article.

   B.   The prohibition contained in subsection A of this section shall not apply to the secure keeping of dangerous animals in the following circumstances:

      1.   In a bona fide, licensed veterinary hospital for treatment.

      2.   Under the jurisdiction of and in the possession of the natural resources commission, pursuant to Iowa Code chapters 481A and 481B.

      3.   At the Cedar Bend Humane Society.

      4.   In a public zoo, bona fide educational or medical institute or museum where they are kept as live specimens for public viewing or for purposes of research, study or instruction.

      5.   For purposes of bona fide religious practice or ritual.

      6.   For exhibition to the public by a traveling circus, carnival, exhibit or show that is duly licensed by the city. (Ord. 5204, 3-10-2014; amd. Ord. 5684, 1-17-2023)

5-1B-3: REGULATIONS ON KEEPING DANGEROUS ANIMALS:

   A.   Report Required; Information: Every person owning, keeping, sheltering or harboring a dangerous animal pursuant to subsection 5-1B-2B of this article shall report such fact, in writing, to the animal control officer, together with the following information:

      1.   The species name of each animal;

      2.   The number of such animals of each such species kept on the premises;

      3.   A physical description of each such animal, including any pet names to which it might respond;

      4.   The location of such animal or animals within the city, including the location of the cage or place of confinement upon or in the premises wherein the animal or animals are kept;

      5.   In the case of poisonous dangerous animals, the location of the nearest source of anti-venom for that species; and

      6.   The specific purpose for which the animal is kept and any use that will be made of the animal.

   B.   Confinement Required: Every person keeping, sheltering or harboring a dangerous animal shall at all times keep such animal securely confined within a cage or enclosure.

   C.   Poisonous Animals; Antivenin Kept: Every person owning, keeping, or harboring a poisonous dangerous animal shall be required to keep ten (10) doses of anti-venom on hand and current at all times.

   D.   Transporting Dangerous Animals: No person owning, keeping, sheltering or harboring a dangerous animal shall permit or allow such animal to enter upon or traverse any public property, park property, public right of way or other property of another, except when such animal is being transported while caged or confined.

   E.   Escape: It shall be the responsibility of the owner or caretaker to notify animal control immediately in the event that a dangerous animal has escaped and is at large.

   F.   At Large: In the event that a dangerous animal is found at large and unattended upon public property, park property, public right of way, or the property of someone other than its owner or caretaker, thereby creating a hazard to life or property, such animal may, in the discretion of the animal control officer, be destroyed if it cannot be confined or captured. The city shall be under no duty to attempt the confinement or capture of a dangerous animal found at large, nor shall it have a duty to notify the owner or caretaker of such animal prior to its destruction.

   G.   Order To Remove: In the event the animal control officer determines that a dangerous animal is being kept, sheltered or harbored by any person or entity in violation of the provisions of this article, the animal control officer may, in his or her discretion, have such person or entity prosecuted for such violation, and he or she may order such person or entity to remove such dangerous animal from the city or destroy it. Such order shall be contained in a notice to remove the dangerous animal, which notice shall be given in writing, directed to such person or entity.

   H.   Appeal Procedure; Compliance With Order: Any person or entity desiring to appeal an order issued by the animal control officer pursuant to subsection G of this section shall follow the appeal procedures of section 5-1-13 of this chapter. If the city council affirms the action of the animal control officer, the provisions of section 5-1-13 of this article shall apply. (Ord. 5204, 3-10-2014; amd. Ord. 5684, 1-17-2023)

5-1B-4: PROHIBITIONS ON POSSESSION OF ANIMALS:

   A.   Persons Convicted Under State Law On Animal Contest Events: Any person who has been convicted of, or has pled guilty, no contest, or the equivalent to, an offense under Iowa Code 717D.2 shall be prohibited from owning, keeping, sheltering, or harboring within the city limits any animal of the same type (e.g., dog, rooster, etc.) involved in or at issue in such offense. 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.

   B.   Violation Registry: Animal control shall keep a registry of names and addresses of individuals with convictions for violating Iowa Code 717D.2 and section 5-1B-5 or 5-1B-7 of this article. Any individual on this registry is subject to the restrictions on ownership found in this article, regardless of whether the individual changes addresses or moves to a different residence. An individual will be in violation hereof if the prohibited animal is found in their residence regardless of any claim that the animal belongs to someone else occupying the residence.

   C.   Notice Of Violation; Confinement: In the event an animal control officer determines that an animal is being kept, sheltered or harbored by any person or entity in violation of the provisions of this section or section 5-1B-10 of this article, which determination may be based on direct observation or on a preponderance of credible evidence (such as photographs, witness affidavits, or other physical evidence), the animal control officer shall have such person or entity prosecuted for such violation and shall take the animal into custody at the expense of the owner or caretaker at a city impoundment facility, with a veterinarian or at a kennel until such time as the owner or caretaker agrees in writing to remove or destroy the animal or the city council has ruled on an appeal of the violation finding. After making a finding that an animal is being kept, sheltered, or harbored in violation of this article, animal control shall issue a written notice of violation, directed to such person or entity.

   D.   Appeal Procedure; Compliance With Order: Any individual or entity desiring to appeal an order issued by the animal control officer pursuant to subsection C of this section shall follow the appeal procedures of section 5-1-13 of this chapter. The appeal cannot be filed until all costs incurred to date in caring and providing for the animal, as set forth in subsection 5-1-1E of this chapter, are paid and a bond is posted with the city clerk. If the city council affirms the action of the animal control officer, the provisions of section 5-1-13 of this article shall apply. (Ord. 5204, 3-10-2014; amd. Ord. 5684, 1-17-2023)

5-1B-5: REGULATED DOGS:

   A.   Applicability: The provisions of this section apply to adult dogs only, which shall mean any dog over the age of six (6) months.

   B.   Keeping Prohibited: No person shall keep, shelter or harbor as a pet, within the city, a "regulated dog" as defined in section 5-1B-1 of this article, except as expressly permitted by this article.

   C.   Regulated Dogs At Large: In the event that a dangerous dog or a vicious dog is found at large and unattended upon public property, park property, public right of way, or the property of someone other than its owner or caretaker, thereby creating a hazard to life or property, such dog may, in the discretion of the animal control officer, be destroyed if it cannot be captured and confined. The city shall be under no duty to attempt the confinement or capture of a dangerous dog or vicious dog found at large, nor shall it have a duty to notify the owner of such dog prior to its destruction.

   D.   Notice Of Violation; Confinement: If the animal control officer determines that a regulated dog is being kept, sheltered or harbored by any person or entity in violation of the provisions of this article, which determination may be based on direct observation or on a preponderance of credible evidence (such as photographs, witness affidavits, or other physical evidence) that the dog qualifies as a "regulated dog" as defined by this article, the animal control officer may, in his or her discretion, have such person or entity prosecuted for such violation. After making a finding that the dog is a regulated dog, animal control shall issue a written notice of violation, directed to such person or entity. At the time such notice is issued, the dog shall be taken into the custody of animal control and confined at the expense of the owner or caretaker at the city impoundment facility, with a veterinarian or at a kennel. Within seven (7) days after delivery of the notice of violation or, if appealed, within seven (7) days after the city council has ruled on the regulated dog finding, the owner or caretaker may redeem the dog or, if it is a potentially dangerous dog, agree in writing to permanently remove the dog from the city. The owner or caretaker of any regulated dog that is redeemed must comply with the provisions of section 5-1B-7 of this article. If the owner or caretaker fails to take all steps necessary to timely perfect an appeal or fails to timely satisfy the requirements for removal or redemption, the dog may be destroyed in a humane manner, and the fees and charges of impoundment, as set forth in subsection 5-1-1E of this chapter, and with destruction of the dog shall be charged against the owner or caretaker.

   E.   Appeal Procedure; Compliance With Order: Any person or entity desiring to appeal an order issued by the animal control officer pursuant to subsection D of this section shall follow the appeal procedures of section 5-1-13 of this chapter. The appeal cannot be filed until all costs incurred to date in caring and providing for the dog, as set forth in subsection 5-1-1E of this chapter, are paid and a bond is posted with the city clerk. If the city council affirms the action of the animal control officer, the provisions of section 5-1B-12 of this article shall apply.

   F.   Permanent Identification Required: A dog found to be a potentially dangerous dog, dangerous dog or vicious dog by an animal control officer, regardless of the outcome of any appeal, shall be assigned a registration number by animal control prior to the dog being released to its owner or caretaker, which shall be affixed to the dog by permanent microchip implant, tattoo or some other permanent means, 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.

   G.   Destruction Of Regulated Dogs Not Permanently Removed Or Destroyed: If a regulated dog is required to be removed from the city under this section and the dog is subsequently found within city limits following the date the owner or caretaker agreed to removal, the failure to permanently remove will constitute a separate and independent violation of this section. In addition, if such dog is a dangerous dog or vicious dog it may be destroyed by the city without further action or possibility of appeal, and the costs of such destruction will be charged against the party prosecuted for the offense.

   H.   Dog Found Potentially Dangerous, Dangerous Or Vicious By Another Jurisdiction: A dog found within city limits which has previously been determined to be potentially dangerous, dangerous, vicious or a threat to the health or safety of humans or other domestic animals by court order or by any other city, county or state whose laws or regulations are substantially similar to those of this chapter shall automatically be deemed to be a potentially dangerous, dangerous or vicious dog, as appropriate, pursuant to this article, and the person or entity keeping, sheltering, or harboring it shall be issued a notice of violation pursuant to subsection D of this section. Any such dog will be impounded. Within seven (7) days after delivery of the notice of violation or, if appealed, within seven (7) days after the city council has ruled on the regulated dog finding, the owner or caretaker may agree in writing to permanently remove the dog from the city if it is potentially dangerous. If the owner or caretaker fails to take all steps necessary to timely perfect an appeal or fails to timely satisfy the requirements for removal, or if the dog is dangerous or vicious, the dog may be destroyed in a humane manner, and the fees and charges of impoundment, as set forth in subsection 5-1-1E of this chapter, and with destruction of the dog shall be charged against the owner or caretaker. (Ord. 5204, 3-10-2014; amd. Ord. 5684, 1-17-2023)

5-1B-6: GUARD DOGS:

The prohibition contained in this article shall not apply to keeping of guard dogs; provided, however, that guard dogs must be kept within a structure or a fenced enclosure at all times, and any guard dog found at large may be processed as a dangerous dog or vicious dog pursuant to the provisions of this article. A limit of one guard dog is permitted for each residential premises and two (2) guard dogs for each nonresidential premises. Any premises guarded by a guard dog shall be prominently posted with a sign containing the wording "guard dog" or words of similar import, and the owner or caretaker of such premises shall inform animal control and the police department, in writing, that a guard dog is on duty at the premises. It shall be the owner's or caretaker's responsibility to notify animal control immediately when a guard dog has escaped and is running at large. The provisions of subsections 5-1B-7A through F, H and I of this article shall apply to the registration of guard dogs. (Ord. 5204, 3-10-2014; amd. Ord. 5684, 1-17-2023)

5-1B-7: REGISTRATION OF REGULATED DOGS:

   A.   Registration Requirement; Penalty For Failure To Register: If animal control determines that a dog may be classified as a regulated dog, the dog cannot be owned, sheltered, housed, harbored, kept, or maintained within the city limits of Waterloo unless the owner or possessor completes a registration with animal control and receives a registration certificate authorizing ownership or possession of the dog. Animal control shall notify the owner or possessor in writing that the dog is either potentially dangerous, dangerous, or vicious. Within seven (7) days following the date that animal control delivers notice to the owner or caretaker that the dog is regulated, the owner or caretaker of the dog must obtain the registration certificate or file an appeal of such determination pursuant to subsection M of this section. Any person found to own, shelter, house, harbor, keep, or maintain a regulated dog who has failed to register said dog or failed to file a timely appeal will be subject to an administrative penalty and/or a municipal infraction violation punishable by a civil penalty, with such penalties to be determined from time to time by resolution of the city council. In addition, the registration fee will be increased to an amount determined from time to time by resolution of the city council, and animal control will impound the animal. The owner or caretaker may register the dog within seven (7) days following impoundment and obtain release of the dog if the required registration fee, administrative penalty, and all fees and charges of impoundment, as set forth in subsection 5-1-1E of this chapter, are paid. If the owner or possessor does not timely complete the registration process or file an appeal, the dog may be destroyed in a humane manner and all fees and charges associated with impoundment, as set forth in subsection 5-1-1E of this chapter, and destruction of the dog shall be charged against the owner or caretaker. Registration under this section is in addition to any licensing requirements set forth in article A of this chapter.

   B.   Registration Form: An owner or caretaker of a dog determined to be potentially dangerous, dangerous or vicious by animal control must execute a registration form with animal control which includes the following information:

      1.   Name, address, and telephone number of the owner or caretaker, including proof that the owner or caretaker is over the age of eighteen (18) years;

      2.   Name and detailed physical description of the regulated dog;

      3.   A photograph of the dog taken by animal control;

      4.   Registration number assigned by animal control to the dog;

      5.   Veterinarian information for the dog;

      6.   Proof of a current rabies vaccination number and expiration date (a copy of which must be retained by animal control);

      7.   City license number (a copy of which must be retained by animal control);

      8.   Microchip or tattoo number as provided by subsection D of this section;

      9.   Detailed description of the incident or incidents leading animal control to classify the dog as regulated; and

      10.   Sufficient proof that the applicant has proper facilities where the animal can safely be kept to prevent it from getting loose ("proper facilities" means secure confinement indoors or secure outdoor confinement in a locked pen or structure at least six feet (6') in width, twelve feet (12') in length, and six feet (6') in height, which is capped and has solid flooring to prevent the dog from digging out).

   C.   Registration Fee And Proof Of Insurance: In addition to completion of the registration form, an owner or caretaker of a regulated dog must pay a registration fee in an amount determined from time to time by resolution of the city council to register the dog with animal control and provide proof of liability insurance to animal control totaling a minimum of three hundred thousand dollars ($300,000.00) which will provide coverage for injuries, damages or loss that may be caused by the animal. Failure to pay the registration fee or to provide proof of insurance will result in denial of registration.

   D.   Permanent Identification: The registration number assigned by animal control under this section shall be affixed to the regulated dog by permanent microchip implant or tattoo by a licensed veterinarian or other person acceptable to the city, at the applicant's expense. No person shall remove or alter such identification once it is affixed.

   E.   Issuance Of Registration Certificate: If all requirements of this section are met, the applicant will be issued a registration certificate entitling them to own, maintain, possess, or shelter the regulated dog within city limits.

   F.   Prohibition On Registration For Owners With Prior Convictions: An applicant who has previously been convicted of, or has pled guilty, no contest, or the equivalent to, an offense under Iowa Code 717D.2, who has been convicted of a violation of section 5-1B-5 of this article, or who has pled guilty, no contest, or the equivalent with respect to any such offense or violation, shall not be permitted to register a dog under this section.

   G.   Exception For Veterinarians And Shelters: The provisions of this section will not apply to any licensed veterinarian or animal shelter providing services in such capacity.

   H.   Renewal Of Registration: A registration certificate issued pursuant to this section must be renewed annually. The owner or caretaker of the regulated dog may renew the certificate for an additional twelve (12) months following expiration of the current registration certificate, provided that he or she pays the registration fee in an amount determined from time to time by resolution of the city council, provides proof of current insurance, and updates any registration information previously provided.

   I.   Additional Notification Responsibilities:

      1.   An owner or caretaker of a dog registered as potentially dangerous, dangerous or vicious must contact animal control immediately if the dog is loose or not confined, has attacked another domestic animal, or has attacked a human being.

      2.   An owner or caretaker of a dog registered as potentially dangerous, dangerous or vicious must contact animal control within forty eight (48) hours of the dog's death. Documentation from a veterinarian or physical proof that the dog is deceased will need to be provided to animal control.

      3.   An owner or caretaker of a dog registered as potentially dangerous, dangerous or vicious must contact animal control within forty eight (48) hours if the dog has been sold, relocated or given away and shall provide animal control with the name, address, and telephone number of the new owner or caretaker of the dog.

      4.   An owner or caretaker of a regulated dog must notify animal control of any change of address within fourteen (14) days after the change.

   J.   Spay/Neuter: An owner or caretaker of a dog registered as potentially dangerous, dangerous or vicious must have the animal spayed or neutered within thirty (30) days of issuance of the registration certificate and provide documentary proof of same to animal control within ten (10) days of the procedure. If the owner or caretaker fails to spay or neuter the dog, then animal control may seize it, and, in appropriate circumstances as determined by animal control, the dog may be destroyed or disposed of by sale or by donation to a suitable animal shelter or rescue organization.

   K.   Conditional Removal Of Registration Requirement: If, within three (3) years of registration as a potentially dangerous dog, there have been no further incidents that satisfy the standards for such dog to be deemed potentially dangerous, the dog's registration requirement may be reviewed by animal control upon the owner's request. If animal control chooses to lift the registration requirement, the dog in question may still be declared potentially dangerous, dangerous or vicious at any future date if it meets the standards for classification as such. In the event that animal control chooses to maintain the registration requirement for the dog, such decision shall be appealable to the city council.

   L.   Automatic Enhancement Of Regulated Status: After registration as a potentially dangerous dog, if a dog is found to have further demonstrated the behavior of a potentially dangerous dog at least two (2) times within any consecutive twelve (12) month period, such dog will automatically be deemed a dangerous dog and be subject to section 5-1B-5 of this article. If a dog has been registered as a potentially dangerous dog or a dangerous dog and at any time thereafter kills or causes serious injury to a person or domestic animal ("serious injury" meaning any injury resulting in broken bones or lacerations requiring multiple sutures) and no exception is applicable, said dog will automatically be deemed a vicious dog subject to section 5-1B-5 of this article.

   M.   Appeal Procedure; Compliance With Order: Any person or entity desiring to appeal a notice or order issued by the animal control officer pursuant to this section shall follow the appeal procedures of section 5-1-13 of this chapter. If the city council affirms the notice or order, the owner must complete the registration process pursuant to this section within seven (7) days of the city council's finding. Failure to do so will subject the owner or caretaker to the provisions set forth in subsection A of this section and in section 5-1B-12 of this article. (Ord. 5204, 3-10-2014; amd. Ord. 5684, 1-17-2023)