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HomeMy WebLinkAbout4904-04/23/2008 (RECORDED)This Ordinance prepared by Nancy Eckert, City Clerk, 715 Mulberry Street, Waterloo, Iowa. ORDINANCE NO. 4904 AN ORDINANCE AMENDING THE 2007 CODE OF ORDINANCES OF THE CITY OF WATERLOO, IOWA, BY REPEALING SECTION 5-1B-4, DANGEROUS DOGS PROHIBITED; AND REPEALING SUBSECTION (B), REGISTRATION REQUIREMENT AND PENALTY FOR FAILURE TO REGISTER, SUBSECTION (L), DANGEROUS DOG FINDING, SUBSECTION (M), DOG FOUND DANGEROUS BY ANOTHER JURISDICTION, AND SUBSECTION (N), APPEAL PROCEDURE, OF SECTION 5-1B-7, REGISTRATION OF POTENTIALLY DANGEROUS DOG, OF ARTICLE B, DANGEROUS ANIMALS AND DOGS, OF CHAPTER 1, ANIMAL CONTROL, OF TITLE 5, POLICE REGULATIONS; AND ENACTING IN LIEU THEREOF NEW SECTION 5-1B-4, DANGEROUS DOGS PROHIBITED; AND NEW SUBSECTION (B), REGISTRATION REQUIREMENT AND PENALTY FOR FAILURE TO REGISTER, SUBSECTION (L), DANGEROUS DOG FINDING, SUBSECTION (M), DOG FOUND DANGEROUS BY ANOTHER JURISDICTION, AND SUBSECTION (N) APPEAL PROCEDURE, OF SECTION 5-1B-7, REGISTRATION OF POTENTIALLY DANGEROUS DOG, OF ARTICLE B, DANGEROUS ANIMALS AND DOGS, OF CHAPTER 1, ANIMAL CONTROL, OF TITLE 5, POLICE REGULATIONS. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA: That Section 5-1B-4, Dangerous Dogs Prohibited; and Subsection (B), Registration Requirement and Penalty for Failure to Register, Subsection (L), Dangerous Dog Finding, Subsection (M), Dog Found Dangerous By Another Jurisdiction, and Subsection (N), Appeal Procedure, of Section 5-1B-7, Registration of Potentially Dangerous Dogs, of Article B, Dangerous Animals and Dogs, of Chapter 1, Animal Control, of Title 5, Police Regulations, are hereby repealed in their entirety; that new Section 5-1B-4, Dangerous Dogs Prohibited; and new Subsection (B), Registration Requirement and Penalty for Failure To Register, Subsection (L), Dangerous Dog Finding, Subsection (M), Dog Found Dangerous By Another Jurisdiction, and Subsection (N), Appeal Procedure, of Section 5-1B-7, Registration of Potentially Dangerous Dogs, of Article B, Dangerous Animals and Dogs, of Chapter 1, Animal Control, of Title 5, Police Regulations, are hereby enacted in lieu thereof as follows: CHAPTER 1 ANIMAL CONTROL ARTICLE B: DANGEROUS ANIMALS AND DOGS 5-1B-4: DANGEROUS DOGS PROHIBITED: A. Applicability of Section: The provisions of this section apply to adult dogs only, which shall mean any dog over the age of six (6) months. q Document Number: 2008025914 y 1'E t 3i= WATERLOO Date: Jun 24, 2008 4:30:00 pm • CITY CLERK Aud Fee: 0.00 Rec Fee: 35.00 P Trans Tax: 0.00 Rec Management Fee: 1.00 E -Com Fee: 1.00 Non -Standard Page Fee: 0.00 Filed for record in Black Hawk County, Iowa Z Judith A. McCarthy, County Recorder This Ordinance prepared by Nancy Eckert, City Clerk, 715 Mulberry Street, Waterloo, Iowa. ORDINANCE NO. 4904 AN ORDINANCE AMENDING THE 2007 CODE OF ORDINANCES OF THE CITY OF WATERLOO, IOWA, BY REPEALING SECTION 5-1B-4, DANGEROUS DOGS PROHIBITED; AND REPEALING SUBSECTION (B), REGISTRATION REQUIREMENT AND PENALTY FOR FAILURE TO REGISTER, SUBSECTION (L), DANGEROUS DOG FINDING, SUBSECTION (M), DOG FOUND DANGEROUS BY ANOTHER JURISDICTION, AND SUBSECTION (N), APPEAL PROCEDURE, OF SECTION 5-1B-7, REGISTRATION OF POTENTIALLY DANGEROUS DOG, OF ARTICLE B, DANGEROUS ANIMALS AND DOGS, OF CHAPTER 1, ANIMAL CONTROL, OF TITLE 5, POLICE REGULATIONS; AND ENACTING IN LIEU THEREOF NEW SECTION 5-1B-4, DANGEROUS DOGS PROHIBITED; AND NEW SUBSECTION (B), REGISTRATION REQUIREMENT AND PENALTY FOR FAILURE TO REGISTER, SUBSECTION (L), DANGEROUS DOG FINDING, SUBSECTION (M), DOG FOUND DANGEROUS BY ANOTHER JURISDICTION, AND SUBSECTION (N) APPEAL PROCEDURE, OF SECTION 5-1B-7, REGISTRATION OF POTENTIALLY DANGEROUS DOG, OF ARTICLE B, DANGEROUS ANIMALS AND DOGS, OF CHAPTER 1, ANIMAL CONTROL, OF TITLE 5, POLICE REGULATIONS. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA: That Section 5-1B-4, Dangerous Dogs Prohibited; and Subsection (B), Registration Requirement and Penalty for Failure to Register, Subsection (L), Dangerous Dog Finding, Subsection (M), Dog Found Dangerous By Another Jurisdiction, and Subsection (N), Appeal Procedure, of Section 5-1B-7, Registration of Potentially Dangerous Dogs, of Article B, Dangerous Animals and Dogs, of Chapter 1, Animal Control, of Title 5, Police Regulations, are hereby repealed in their entirety; that new Section 5-1B-4, Dangerous Dogs Prohibited; and new Subsection (B), Registration Requirement and Penalty for Failure To Register, Subsection (L), Dangerous Dog Finding, Subsection (M), Dog Found Dangerous By Another Jurisdiction, and Subsection (N), Appeal Procedure, of Section 5-1B-7, Registration of Potentially Dangerous Dogs, of Article B, Dangerous Animals and Dogs, of Chapter 1, Animal Control, of Title 5, Police Regulations, are hereby enacted in lieu thereof as follows: CHAPTER 1 ANIMAL CONTROL ARTICLE B: DANGEROUS ANIMALS AND DOGS 5-1B-4: DANGEROUS DOGS PROHIBITED: A. Applicability of Section: The provisions of this section apply to adult dogs only, which shall mean any dog over the age of six (6) months. q Ordinance No. 4904 Page 2 B. Keeping Prohibited: No person shall keep, shelter or harbor as a pet, within the city, a `dangerous dog", as defined in Section 5-1B-1 of this article. C. Dogs at Large: A dangerous dog is "at large" if such dangerous dog is not securely confined indoors or confined in a securely enclosed and locked pen or structure upon the premises of the owner or caretaker of such dog. D. Destroy Dangerous Dogs: In the event that a dangerous 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 dangerous 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 found at large, nor shall it have a duty to notify the owner of such dangerous dog prior to its destruction. E. Notice of Violation; Confinement: In the event the animal control officer determines that a dangerous dog is being kept, sheltered or harbored by any individual or entity in violation of the provisions of this article, which determination may be based on direct observation or on clear and convincing credible evidence (such as photographs, witness affidavits, or other physical evidence) that the dog qualifies as dangerous under the definition of dangerous dog found in Ordinance 5-1B-1, the animal control officer may, in his or her discretion, have such individual or entity prosecuted for such violation. After making a finding that the dog is a dangerous dog, animal control shall issue a written notice of violation, directed to such individual or entity, and delivered personally or by certified mail. Such determination of the animal control officer shall be appealable to the city council, which may affirm or reverse such order, and the notice shall so state. At the time such notice is issued, the dog shall be taken into the custody of animal control and confined at the owner's expense at the Cedar Bend Humane Society, at a veterinarian or at a kennel until such time as the owner agrees in writing to remove or destroy the dog or the city council has ruled on an appeal of the dangerous dog finding. In the event the owner fails to take all steps necessary to timely perfect an appeal or fails within the period for appeal to satisfy the requirements for removal set forth in subsection G, paragraph (2) below, the dog shall be destroyed in a humane manner and the costs associated with boarding and destruction of the dog shall be assessed against the owner. F. Appeal Procedure: (1) Any individual or entity desiring to appeal a determination by the animal control officer Ordinance No. 4904 Page 3 to the city council may do so by filing a written appeal within seven (7) days after receipt of the notice. The notice of appeal shall state the grounds for such appeal and shall be delivered personally or by certified mail to the city clerk. The appeal cannot be filed until all costs incurred to date in caring and providing for the dog are paid and a bond is posted with the city in an amount totaling the current daily rate of impoundment at animal control multiplied by 45 days, but not to exceed $500.00. The bond may be filed as a cash bond or if signed by a surety company, then a solvent company authorized to do business in the state and in the county, which is acceptable to the city. If the city council ultimately finds the dog not to be dangerous, all costs paid and any bond posted by the owner shall be refunded to the owner. In the event that the dangerous dog finding is upheld on appeal, any costs incurred in caring for the dog through the appeal process shall be charged against the bond. (2) The hearing on the appeal shall be scheduled for a date within thirty (30) days of the receipt of notice of appeal and shall be scheduled for no more than thirty (30) minutes in length or such additional time as the city council in its discretion may deem necessary. If the appellant desires additional time, he or she must make application to the city council for an extension at least seven (7) days prior to the hearing. The appeal :nearing shall be simple and informal, without regard to technicalities or procedure or rules regarding admissibility of evidence. The city council may consider any evidence it considers credible, including written summaries and other secondary sources, and give such weight to the evidence as it considers warranted. After such hearing, the city council may affirm or reverse the finding of the animal control officer. Such determination shall be contained in a written decision and shall be filed with the city clerk within ten (10) days after the hearing, or any continued session thereof. G. Failure to Comply with Order: (1) If the city council affirms the action of the animal control officer, the city council shall also order in its written decision that the individual or entity owning, sheltering, harboring or keeping such dangerous dog, remove such dog from the city or destroy it. The decision and order shall immediately be served upon the person or entity against whom rendered in the same manner as the original notice of violation. (2) If removal. is permitted, the dog will not be returned to the owner until the owner executes a form provided by the city which includes the following: (a) identifying information for the Ordinance No. 4904 Page 4 dog, (b) the location to which it will be removed, and (c) the date of removal. The owner must also pay all cost and expense of impoundment incurred to date before the dog will be released and the bond lifted. If within seven (7) days of issuance of the order the owner fails to complete the application for removal and pay the cost and expense of impoundment, fails to petition the Black Hawk County District Court for review of the order, or otherwise fails to take action, then animal control shall cause the dog to be destroyed in a humane manner. If the dog is ordered destroyed by the city council and the owner fails to file a petition for review of the order with the Black Hawk District Court within seven (7) days of its issuance, the dog will be destroyed in a humane manner. Failure to comply with an order of the city council issued pursuant hereto shall constitute a misdemeanor, and be punishable by a fine of not less than fifty dollars ($50.00), or constitute a municipal infraction. H. Permanent Identification Required: A dog found to be dangerous by an animal control officer, regardless of the outcome of any appeal, prior to being released to its owner shall be assigned a registration number by animal control 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 owner's expense. If multiple forms of identification are available, the owner may select the type to be used. No person shall remove or alter such identification once it is affixed. I. Destruction of Dangerous Dog Not Permanently Removed: If a dangerous dog is required to be removed from the city under this ordinance and the dog is subsequently found within city limits following the date the owner agreed to removal, the failure to permanently remove will constitute a separate and independent violation of this ordinance. In addition, a dangerous dog required to be removed which is found within the city limits after the removal date will 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. J. Dog Found Dangerous by Another Jurisdiction: A dog found within city limits which has previously been determined to be dangerous 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 dangerous dog pursuant to this section, and the person or entity keeping, sheltering, or harboring it shall be issued a notice of violation pursuant to subsection E above. A dog which is deemed Ordinance No. 4904 Page 5 by animal control to be dangerous pursuant to this subsection shall be taken into custody pending further proceedings pursuant to subsection E above. 5-1B-7: REGISTRATION OF POTENTIALLY DANGEROUS DOGS: B. Registration Requirement and Penalty for Failure to Register: If animal control determines that a dog meets the definition of "potentially dangerous" pursuant to subsection A, 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. Within seven (7) days following the date that animal control notifies the owner or possessor that the dog is potentially dangerous, the owner or possessor of the dog must obtain the registration certificate or file an appeal of such determination pursuant to subsection N below. Any person found to own, shelter, house, harbor, keep, or maintain a dog which qualifies as a potentially dangerous dog under this section who has failed to register said dog or failed to file an appeal within the required seven (7) day period will be subject to an administrative penalty in the amount of $50 and/or a municipal infraction violation. In addition, the registration fee will be increased to $100 and animal control will, impound the animal. The owner or possessor 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 costs associated with boarding are paid. If the owner or possessor does not complete the registration process or file an appeal within seven (7) days after impoundment, the dog shall be destroyed in a humane manner and all costs associated with boarding and destruction of the dog shall be assessed against the owner or possessor. L. Dangerous Dog Finding: If a dog that has been registered as a ANpotentially dangerous dog" is reported to have exhibited behaviors described in section A two (2) times after registration within any consecutive 12 month period, such dog will automatically be deemed a "dangerous dog" and be subject to Section 5-1B-4. If a dog has been registered as a "potentially dangerous dog" and at any time subsequently 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 in this ordinance applies, said dog will automatically be deemed a dangerous dog subject to Section 5-1B-4. M. Dog Found Dangerous By Another Jurisdiction. A dog previously found to be dangerous by any other city, I Ordinance No. 4904 Page 6 county or state whose laws or regulations on dangerous dogs are substantially similar to those of this chapter shall, automatically and without notice, be deemed to be a potentially dangerous dog if brought within the city limits to reside for more than 72 hours. An owner or possessor of a dog deemed to be potentially dangerous pursuant to this subsection must register the dog no later than the third day after bringing the dog within the city limits and must comply with all other applicable provisions of this chapter. If the third day falls on a weekend or holiday, then registration must be completed on the next business day thereafter. Failure to register a dog pursuant to this subsection within the required time period will subject the owner or possessor to the provisions of subsection B above. N. Appeal Procedure: (1) Any individual or entity desiring to appeal a determination by the animal control officer that a dog is potentially dangerous may do so by filing a written appeal within seven (7) days after receipt of the notice. The notice of appeal shall state the grounds for such appeal and shall be delivered personally or by certified mail to the city clerk. In addition, a filing fee of $50 must also be paid to the city clerk for the appeal to be considered filed. (2) The hearing on the appeal shall be scheduled for a date within thirty (30) days of the receipt of notice of appeal and shall be scheduled for no more than thirty (30) minutes in length or such additional time as the city council in its discretion may deem necessary. If the appellant desires additional time, he or she must make application to the city council for an extension at least seven (7) days prior to the hearing. The appeal hearing shall be simple and informal, without regard to technicalities or procedure or rules regarding admissibility of evidence. The city council may consider any evidence it considers credible, including written summaries and other secondary sources, and give such weight to the evidence as it considers warranted. After such hearing, the city council may affirm or reverse the finding of the animal control officer. Such determination shall be contained in a written decision and shall be filed with the city clerk within ten (10) days after the hearing, or any continued session thereof. If the city council affirms the potentially dangerous dog finding, the owner must complete the registration process pursuant to this ordinance within 7 days of the city council's finding. Failure to do so will subject the owner to the provisions set forth in subsection B above. Ordinance No. 4904 Page 7 INTRODUCED: PASSED lst CONSIDERATION: PASSED 2nd CONSIDERATION: PASSED 3rd CONSIDERATION: April 21, 2008 April 21, 2008 April 21, 2008 April 21, 2008 PASSED AND ADOPTED by the City Council of the City of Waterloo, Iowa, on the 21st day of April, 2008, and approved by the Mayor on the 23rd day of April, 2008. ATTEST: Nancy Eck. , CMC City Clerk A�4�1 Tim Hurley, Mayo CERTIFICATE I, Nancy Eckert, City Clerk of the City of Waterloo, Iowa, do hereby certify that the preceding is a true and complete copy of Ordinance No. 4904 as passed and adopted by the Council of the City of Waterloo, Iowa, on the 21st day of April, 2008. Witness my hand and seal of office this 23rd day of April, t1: SEAL'Nancy Ecke t CNTC City Clerk