HomeMy WebLinkAbout4917-6 /25/200867Y OF WATERLOO
I
Document Number: 2009006150
Date: Sep 19, 2008 4:30:00 pm
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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. 4917
AN ORDINANCE AMENDING THE 2007 CODE OF
ORDINANCES OF THE CITY OF WATERLOO, IOWA BY
REPEALING SECTION 5-1B-3, REGULATIONS ON
KEEPING, SUBSECTION (G), ORDER TO REMOVE,
AND SUBSECTION (H), APPEAL; OF SECTION 5-1B-
4, DANGEROUS DOGS PROHIBITED, SUBSECTION
(E), NOTICE OF VIOLATION; CONFINEMENT, AND
SUBSECTION (F), APPEAL PROCEDURE; OF SECTION
5-1B-7, REGISTRATION OF POTENTIALLY
DANGEROUS DOGS, SUBSECTION (B), REGISTRATION
REQUIREMENT AND PENALTY FOR FAILURE TO
REGISTER, AND SUBSECTION (N), APPEAL
PROCEDURE, OF SECTION 5-1B-6, RESTRICTIONS
ON POSSESSION OF ANIMALS, SUBSECTION (A),
PERSONS CONVICTED UNDER STATE LAW ON ANIMAL
CONTEST EVENTS, SUBSECTION (B), PERSONS
CONVICTED UNDER THIS ARTICLE, SUBSECTION
(C), VIOLATION REGISTRY, SUBSECTION (D),
NOTICE OF VIOLATION; CONFINEMENT, SUBSECTION
(E), APPEAL PROCEDURE, AND SUBSECTION (G),
FAILURE TO COMPLY WITH ORDER,
OF ARTICLE B, DANGEROUS ANIMALS AND DOGS, OF
CHAPTER 1, ANIMAL CONTROL, OF TITLE 5,
POLICE REGULATIONS; AND ENACTING IN LIEU
THEREOF A NEW SECTION 5-1B-3, REGULATIONS ON
KEEPING, SUBSECTION (G), ORDER TO REMOVE,
AND SUBSECTION (H), APPEAL; OF SECTION 5-
1B-4, DANGEROUS DOGS PROHIBITED, SUBSECTION
(E), NOTICE OF VIOLATION; CONFINEMENT, AND
SUBSECTION (F), APPEAL PROCEDURE; OF SECTION
5-1B-7, REGISTRATION OF POTENTIALLY
DANGEROUS DOGS, SUBSECTION (B), REGISTRATION
REQUIREMENT AND PENALTY FOR FAILURE TO
REGISTER, AND SUBSECTION (N), APPEAL
PROCEDURE, OF SECTION 5-1B-6, RESTRICTIONS
ON POSSESSION OF ANIMALS, SUBSECTION (A),
PERSONS CONVICTED UNDER STATE LAW ON ANIMAL
CONTEST EVENTS, SUBSECTION (B), PERSONS
CONVICTED UNDER THIS ARTICLE, SUBSECTION
(C), VIOLATION REGISTRY, SUBSECTION (D),
NOTICE OF VIOLATION; CONFINEMENT, SUBSECTION
(E), APPEAL PROCEDURE, AND SUBSECTION (G),
FAILURE TO COMPLY WITH ORDER, 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-3, Regulations On Keeping, Subsection
(G), Order To Remove, and Subsection (H), Appeal; of Section 5-
1B-4, Dangerous Dogs Prohibited, Subsection (E), Notice Of
Violation; Confinement, and Subsection (F) Appeal Procedure; of
Ordinance No. 4917
Page 2
Section 5-1B-7, Registration Of Potentially Dangerous Dogs,
Subsection (B), Registration Requirement And Penalty For Failure
To Register, and Subsection (N), Appeal Procedure, of Section 5-
1B-6, Restrictions On Possession Of Animals, Subsection (A),
Persons Convicted Under State Law On Animal Contest Events,
Subsection (B), Persons Convicted Under This Article, Subsection
(C), Violation Registry, Subsection (D), Notice Of Violation;
Confinement, Subsection (E), Appeal Procedure, and Subsection
(G), Failure To Comply With Order, of Article B, Dangerous
Animals And Dogs, of Chapter 1, Animal Control, of Title 5,
Police Regulations of the 2007 Code of Ordinances of the City of
Waterloo, Iowa, be and the same is hereby repealed in its
entirety; that a new Section 5-1B-3, Regulations On Keeping,
Subsection (G), Order To Remove, and Subsection (H), Appeal;
of Section 5-1B-4, Dangerous Dogs Prohibited, Subsection (E),
Notice Of Violation; Confinement, and Subsection (F), Appeal
Procedure; of Section 5-1B-7, Registration Of Potentially
Dangerous Dogs, Subsection (B), Registration Requirement And
Penalty For Failure To Register, and Subsection (N), Appeal
Procedure, of Section 5-1B-6, Restrictions On Possession Of
Animals, Subsection (A), Persons Convicted Under State Law On
Animal Contest Events, Subsection (B), Persons Convicted Under
This Article, Subsection (C), Violation Registry, Subsection
(D), Notice Of Violation; Confinement, Subsection (E), Appeal
Procedure, and Subsection (G), Failure To Comply With Order, of
Article B, Dangerous Animals And Dogs, of Chapter 1, Animal
Control, of Title 5, Police Regulations, is hereby enacted in
lieu thereof as follows:
ARTICLE B: DANGEROUS ANIMALS AND DOGS
5-1B-3: REGULATIONS ON KEEPING:
G. Order To Remove: In the event the animal control
officer determines that a dangerous animal is being
kept, sheltered or harbored by any individual or
entity in violation of the provisions of this article,
the animal control officer may, in his discretion,
have such individual or entity prosecuted for such
violation, and he may order such individual or entity
to remove such dangerous animal from the city or
destroy it. Such order shall be contained in a notice
to remove dangerous animal, which notice shall be
given in writing, directed to such individual or
entity and delivered personally or by certified mail.
Delivery shall be deemed to occur at the time of
personal delivery or three business days after the
date of mailing. Such order 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.
H. Appeal: Any individual or entity desiring to appeal
an order issued by the animal control officer pursuant
to subsection G of this section, to the city council,
may do so by filing a written appeal with the city
clerk within seven (7) days after delivery of the
notice to remove dangerous animal. The notice of
Ordinance No. 4917
Page 3
appeal shall state the grounds for such appeal. The
hearing of such appeal shall be scheduled within
thirty (30) days of the receipt of notice of appeal.
After such hearing, the city council may affirm or
reverse the order of the animal control officer. Such
determination shall be contained in a written decision
and shall be filed with the city clerk within twenty
(20) days after the hearing, or any continued session
thereof.
5-1B-4: DANGEROUS DOGS PROHIBITED:
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. Delivery shall be
deemed to occur at the time of personal delivery or
three business days after the date of mailing. 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 to the
city council may do so by filing a written appeal with
the city clerk within seven (7) days after delivery of
the notice. The notice of appeal shall state the
grounds for such appeal. 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
Ordinance No. 4917
Page 4
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.
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. Animal control
shall notify the owner or possessor in writing that
the dog is potentially dangerous, which notice shall
be delivered personally or by certified mail.
Delivery shall be deemed to occur at the time of
personal delivery or three business days after the
date of mailing. Within seven (7) days following the
date that animal control delivers notice to 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.
Ordinance No. 4917
Page 5
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 with the city clerk within seven (7) days after
the date that animal control delivers notice that the
dog is potentially dangerous. The notice of appeal
shall state the grounds for such appeal. 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 filing of the 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
seven (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.
5-1B-6: RESTRICTIONS ON POSSESSION OF ANIMALS:
A. Persons Convicted Under State Law On Animal Contest
Events: Any person who has been convicted of 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, cat, etc.) involved in or at issue in such
offense. Violation of this section shall constitute a
misdemeanor and be punishable by a fine of not less
than five hundred dollars ($500.00), or constitute a
municipal infraction.
B. Persons Convicted Under This Article: Any person who
has been twice convicted of a misdemeanor and/or a
municipal infraction under section 5-1B-4 of this
article shall be prohibited from owning, keeping,
sheltering, or harboring any dog within the city
limits. Violation of this section shall constitute a
J
Ordinance No. 4917
Page 6
misdemeanor and be punishable by a fine of not less
than five hundred dollars ($500.00), or constitute a
municipal infraction. (Ord. 4825, 7-24-2006)
C. Violation Registry: Animal control shall keep a
registry of names and addresses of individuals with
convictions for violating Iowa Code 717D.2 and City of
Waterloo ordinance 5-1B-4. Any individual on this
registry is subject to the restrictions on ownership
found in ordinance 5-1B-6, regardless of whether the
individual changes addresses or moves to a different
residence. An individual will be in violation of this
ordinance so long as the prohibited animal is found in
their residence regardless of any claim that the
animal belongs to someone else residing at the
residence.
D. Notice of Violation; Confinement: In the event an
animal control officer determines that an animal is
being kept, sheltered or harbored by any individual or
entity in violation of the provisions of this section,
which determination may be based on direct observation
or on clear and convincing credible evidence (such as
photographs, witness affidavits, or other physical
evidence), the animal control officer shall have such
individual or entity prosecuted for such violation and
shall take the animal into custody 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
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
individual or entity, and delivered personally or by
certified mail. Delivery shall be deemed to occur at
the time of personal delivery or three business days
after the date of mailing. 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 animal shall be taken into custody.
E. Appeal Procedure:
1. Any individual or entity desiring to appeal a
determination by the animal control officer to the
city council may do so by filing a written appeal
within seven (7) days after delivery of the notice.
The notice of appeal shall state the grounds for such
appeal. The appeal cannot be filed until all costs
incurred to date in caring and providing for the
animal 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
Ordinance No. 4917
Page 7
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 that the animal
is not a "dangerous dog" under Section 5-1B-1, or a
"potentially dangerous dog" under Section 5 -1B -7(A),
and is trained to provide assistance to an owner who
is permanently disabled, all costs paid and any bond
posted by the owner shall be refunded to the owner.
In the event that the animal is found to have been
kept, harbored, or sheltered in violation of this
section, any costs incurred in caring for the animal
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 filing of the
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 of
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 the
animal in violation of this article remove such animal
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 animal 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 animal, (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
animal 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
Ordinance No. 4917
Page 8
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 animal to
be destroyed in a humane manner. If the animal is
ordered destroyed by the city council and the owner
fails to file a petition for review of the order with
the Black Hawk County District Court within seven (7)
days of its issuance, the animal 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 one hundred dollars ($100.00), or
constitute a municipal infraction.
INTRODUCED: June 23, 2008
PASSED 1St CONSIDERATION: June 23, 2008
PASSED 2nd CONSIDERATION: June 23, 2008
PASSED 3rd CONSIDERATION: June 23, 2008
PASSED AND ADOPTED by the City Council of the City of
Waterloo, Iowa, on the 23rd day of June, 2008, and approved by
the Mayor on the 25th day of June, 2008.
ATTEST:
Nancy Ecke CMC
City Cler]
Tim Hurley, Mayor
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. 4917 as passed and adopted by the Council of
the City of Waterloo, Iowa, on the 23rd day of June, 2008.
Witness my hand and seal of office this 25th day of June,
2008.
Nancy Ecke CMC
City Clerk