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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)
A. A dog may be restrained outdoors by tether, only on the property of the owner or caretaker of the dog, and only under the following conditions:
1. No tether may be attached to a fixed object unless the tether is so placed or attached that it cannot become entangled with another animal or object, and cannot extend over an object or edge that could result in strangulation of or injury to the animal, and shall be of sufficient length in proportion to the size of the animal, but no less than ten feet (10') in length, to allow the animal proper exercise and unlimited access to adequate feed, adequate water, and an outdoor facility that provides adequate protection from the elements. Such tethering shall be so located so as not to allow such animal to trespass on public property or upon private property belonging to others, nor in such manner as to cause harm or danger to persons, the tethered animal, or other animals.
2. The tether shall not weigh more than one-eighth (1/8) of the animal's body weight.
3. The tether must be attached to a properly fitting collar or harness worn by the animal. Choke or prong collars are prohibited. The tether must have a swivel at both ends.
4. When the temperature falls below thirty degrees Fahrenheit (30°F), with wind chill factor applied, or when the heat index is at least eighty-five degrees (85°), no animal may be restrained outdoors by tethering for more than fifteen (15) minutes without access to adequate food, adequate water, and an outdoor facility that provides adequate protection from the elements. In any circumstances, a tethered animal must have access to an outdoor facility that provides adequate protection from the elements. (Ord. 5204, 3-10-2014; amd. Ord. 5684, 1-17-2023)
In the event of an attack on a person or a domestic animal by a dog at large that was previously determined to be a vicious dog or that is determined to be a vicious dog as a result of such attack, the dog shall be apprehended by animal control. The dog will be tested for rabies and may be destroyed by the city without further action or possibility of appeal. The owner or caretaker will be charged all fees and charges incurred as set forth in subsection 5-1-1E of this chapter and all costs incident to destruction of the dog. (Ord. 5204, 3-10-2014; amd. Ord. 5684, 1-17-2023)
A. Any person who has been convicted of any violation of this article, or who has pled guilty, no contest, or the equivalent to such violation, at least two (2) times in any period of twelve (12) months shall be deemed an irresponsible dog owner and shall be prohibited from obtaining a license for any dog not already licensed by such person, and if such person is so convicted or so pleads a third time during a twelve (12) month period, the person shall forfeit all right to own or possess a dog in the city, at which time animal control shall be authorized to seize all dogs owned or possessed by such person and to dispose of the dogs by destruction or, in appropriate circumstances as determined by animal control, by sale or by donation to a suitable animal shelter or rescue organization. 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. A person designated as an irresponsible dog owner who is not convicted or does not plead to a further violation of this article for a period of thirty six (36) months may apply to animal control to have the designation removed. The decision of animal control is appealable to the city council according to the appeal procedures set forth in section 5-1-13 of this chapter. (Ord. 5204, 3-10-2014; amd. Ord. 5684, 1-17-2023)
B. A landlord or its property manager shall not be guilty of a violation of subsection A of this section if it takes prompt action to notify the tenant or occupant that the dog must be permanently removed from the property within seven (7) days of notice as set forth in Iowa Code section 562A.27, and thereafter proceeds to terminate the lease and evict the tenant or occupant if the violation is not remedied.
C. Whenever animal control or the city clerk issues a notice, order or decision in connection with a violation of section 5-1B-4, 5-1B-5 or 5-1B-10 of this article to a person who is not the owner of the property, a copy of said notice, order or decision shall also be sent to the property owner at the tax statement address shown in the records of the county auditor. The failure of animal control or the city clerk to issue a copy of any notice, order or decision to the property owner, or the failure of the property owner to receive same, shall not be a defense to any violation of subsection A of this section.
D. Landlords are responsible for any fees charged for removal of abandoned animals or animals left at a property due to eviction or a tenant's extended illness or death. (Ord. 5204, 3-10-2014; amd. Ord. 5684, 1-17-2023)
A. Failure To Comply:
1. Except as set forth in subsection 5-1B-7A of this article, if the city council affirms a notice or order of the animal control officer, the city council may also order in its written decision that the person or entity owning, sheltering, harboring or keeping such dangerous animal or regulated dog permanently remove such animal or dog from the city or destroy it; provided that dangerous dogs and vicious dogs must be destroyed and may not be removed. The decision and order shall immediately be served upon the person or entity against whom rendered in the same manner as the initial notice or order.
2. In any situation where permanent removal of an animal or dog from the city is permitted, the animal or dog will not be released to the owner or caretaker until the owner or caretaker executes a form provided by the city which includes the following: a) identifying information for the animal or dog, b) the location to which it will be removed, and c) the date of removal. The owner must also pay all fees and charges of impoundment, as set forth in subsection 5-1-1E of this chapter, before the animal or dog will be released and the bond, if any, lifted. If within seven (7) days after issuance of the order the owner or caretaker fails to complete the application for removal and pay such fees and charges, fails to petition the district court for review of the order, or otherwise fails to take action, then animal control shall cause the animal or dog to be destroyed in a humane manner.
3. If instead of removal the animal or dog is ordered destroyed by the city council and the owner fails to file a petition for review of the order with the district court within seven (7) days after its issuance, the animal or dog will be destroyed in a humane manner.
4. As an alternative to the destruction of an animal or dog it may, in appropriate circumstances as determined by animal control, be disposed of by sale or by donation to a suitable animal shelter or rescue organization.
B. Penalties:
1. Unless a different penalty is specifically prescribed by any section of this article, in which case such penalty shall apply, the failure to comply with an order of the city council issued pursuant to this article 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.
2. For purposes of determining the civil penalty applicable to subsequent municipal infraction offenses, any violation of this article that occurs after the first offense is a subsequent offense, even if the violations are of different provisions of this article. (Ord. 5204, 3-10-2014; amd. Ord. 5684, 1-17-2023)