55.01 Definitions | 55.12 Annoyance or Disturbance |
55.02 Animal Neglect | 55.13 Leashing Dogs |
55.03 Livestock Neglect | 55.14 Licensing Dogs and Cats |
55.04 Number of Animals and Domestic Fowl Limited | 55.15 Immunization |
55.05 Sanitation of Premises | 55.16 Owner’s Duty |
55.06 Removal of Animal Feces | 55.17 Confinement |
55.07 Abandonment of Cats and Dogs | 55.18 Impounding |
55.08 Abandoning Animals | 55.19 Disposition of Animals |
55.09 Livestock | 55.20 Pet Awards Prohibited |
55.10 At Large Prohibited | 55.21 Tampering With A Rabies Vaccination Tag |
55.11 Damage or Interference | 55.22 Tampering With An Electronic Handling Device |
The following terms are defined for use in this chapter.
1. “Advertise” means to present a commercial message in any medium, including (but not limited to) print, radio, television, sign, display, label, tag, or articulation.
(Code of Iowa, Sec. 717E.1)
2. “Animal” means a nonhuman vertebrate.
(Code of Iowa, Sec. 717B.1)
3. “Animal shelter” means a facility which is used to house or contain dogs or cats, or both, and which is owned, operated, or maintained by an incorporated humane society, animal welfare society, society for the prevention of cruelty to animals, or other nonprofit organization devoted to the welfare, protection, and humane treatment of such animals.
(Code of Iowa, Sec. 162.2)
4. “At large” means off the premises of the owner and not under the control of a competent person, restrained within a motor vehicle, or housed in a veterinary hospital or kennel.
5. “Business” means any enterprise relating to any of the following:
(Code of Iowa, Sec. 717E.1)
A. The sale or offer for sale of goods or services.
B. A recruitment for employment or membership in an organization.
C. A solicitation to make an investment.
D. An amusement or entertainment activity.
6. “Cat” includes both male and female cats, whether altered or not.
7. “Commercial establishment” means an animal shelter, boarding kennel, commercial breeder, commercial kennel, dealer, pet shop, pound, public auction, or research facility.
(Code of Iowa, Sec. 717.B1)
8. “Dog” includes both male and female dogs, whether altered or not.
9. “Domestic fowl” includes animals classified as pigeons maintained under control of a person for commercial, exhibition, or breeding purposes, or as a pet.
10. “Fair” means any of the following:
(Code of Iowa, Sec. 717E.1)
A. The annual fair and exposition held by the Iowa State Fair Board pursuant to Chapter 173 of the Code of Iowa or any fair event conducted by a fair under the provisions of Chapter 174 of the Code of Iowa.
B. An exhibition of agricultural or manufactured products.
C. An event for operation of amusement rides or devices or concession booths.
11. “Game” means a “game of chance” or “game of skill” as defined in Section 99B.1 of the Code of Iowa.
(Code of Iowa, Sec. 717E.1)
12. “Injury” means an animal’s disfigurement; the impairment of an animal’s health; or an impairment to the functioning of an animal’s limb or organ, or the loss of an animal’s limb or organ.
(Code of Iowa, Sec. 717.B1)
13. “Kennel” means the keeping of any dogs, cats, or other household pets of mammal group regardless of number, for sale, breeding, boarding or treatment purposes, except in an animal hospital, veterinary clinic, or pet shop, as may be permitted by law, or the keeping of more than one dog or cat, on vacant property or on property used for business or commercial purposes. The keeping of not more than three dogs and three cats in a residential district shall not be deemed to be a kennel, unless kept for sale, breeding, boarding or treatment purposes. Any person keeping more than three dogs and three cats in a residential district on the effective date of the ordinance codified in this chapter, registered as required by ordinance, may continue to keep such dogs or cats during the pet’s lifetime.
14. “Livestock” means an animal belonging to the bovine, caprine, equine, ovine or porcine species, ostriches, rheas and emus; farm deer as defined in Section 170.1 of the Code of Iowa; or poultry.
(Code of Iowa, Sec. 717.1)
15. “Owner” means any person owning, keeping, sheltering, or harboring an animal.
16. “Pet” means a living dog, cat, or an animal normally maintained in a small tank or cage in or near a residence, including but not limited to a rabbit, gerbil, hamster, mouse, parrot, canary, mynah, finch, tropical fish, goldfish, snake, turtle, gecko, or iguana.
(Code of Iowa, Sec. 717E.1)
17. “Pound” means a facility for the prevention of cruelty to animals operated by the State, a municipal corporation, or other political subdivision of the State for the purpose of impounding or harboring seized stray, homeless, abandoned, or unwanted dogs, cats, or other animals; or a facility operated for such a purpose under a contract with any municipal corporation or incorporated society.
(Code of Iowa, Sec. 162.2)
18. “Research facility” means any school or college of medicine, veterinary medicine, pharmacy, dentistry, or osteopathic medicine, or hospital, diagnostic or research laboratories, or other educational or scientific establishment situated in the State concerned with the investigation of, or instruction concerning the structure or function of living organisms, the cause, prevention, control, or cure of diseases or abnormal conditions of human beings or animals.
(Code of Iowa, Sec. 162.2)
19. “Veterinarian” means a veterinarian licensed pursuant to Chapter 169 of the Code of Iowa who practices veterinary medicine in the State.
(Code of Iowa, Sec. 717.B1)
(Section 55.01 – Ord. 3118 – Jul. 24 Supp.)
1. It is unlawful for a person who owns or has custody of an animal and confines that animal to fail to provide the animal with any of the following conditions for the animal’s welfare:
(Code of Iowa, Sec. 717B.3)
A. Access to food in an amount and quality reasonably sufficient to satisfy the animal’s basic nutrition level to the extent that the animal’s health or life is endangered.
B. Access to a supply of potable water in an amount reasonably sufficient to satisfy the animal’s basic hydration level to the extent that the animal’s health or life is endangered. Access to snow or ice does not satisfy this requirement.
C. Sanitary conditions free from excessive animal waste or the overcrowding of animals to the extent that the animal’s health or life is endangered.
D. Ventilated shelter reasonably sufficient to provide adequate protection from the elements and weather conditions suitable for the age, species, and physical condition of the animal so as to maintain the animal in a state of good health to the extent that the animal’s health or life is endangered. The shelter must protect the animal from wind, rain, snow, or sun and have adequate bedding to provide reasonable protection against cold and dampness. A shelter may include a residence, garage, barn, shed, or doghouse.
E. Grooming, to the extent it is reasonably necessary to prevent adverse health effects or suffering.
F. Veterinary care deemed necessary by a reasonably prudent person to relieve an animal’s distress from any of the following:
(1) A condition caused by failing to provide for the animal’s welfare as described in this section.
(2) An injury or illness suffered by the animal causing the animal to suffer prolonged pain and suffering.
2. This section does not apply to any of the following:
A. A person operating a commercial establishment under a valid authorization issued or renewed under Section 162.2A of the Code of Iowa, or a person acting under the direction or supervision of that person, if all of the following apply:
(1) The animal, as described in Subsection 1, was maintained as part of the commercial establishment’s operation.
(2) In providing conditions for the welfare of the animal, as described in Subsection 1, the person complied with the standard of care requirements provided in Section 162.10A[1] of the Code of Iowa, including any applicable rules adopted by the Department of Agriculture and Land Stewardship applying to: (i) a State licensee or registrant operating pursuant to Section 162.10A[2a] or [2b] of the Code of Iowa; or (ii) a permittee operating pursuant to Section 162.10A[2c] of the Code of Iowa.
B. A research facility if the research facility has been issued or renewed a valid authorization by the Department of Agriculture and Land Stewardship pursuant to Chapter 162 of the Code of Iowa, and performs functions within the scope of accepted practices and disciplines associated with the research facility).
3. Penalty. A violation of this section constitutes a simple misdemeanor punishable through the imposition of a minimum fine of not less than two hundred fifty dollars ($250.00) but not more than eight hundred fifty-five dollars ($855.00). Each day that a violation occurs or is permitted to exist by the violator constitutes a separate offense.
(Section 55.02 – Ord. 3008 – Nov. 21 Supp.)
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