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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)