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HomeMy WebLinkAbout4900-03/05/2008Document Number: 2008025910 CITY OI' WATERLOO Date: Jun 24, 2008 4:30:00 pm CITY CLERK _ J Aud Fee: 0.00 Rec Fee: 35.00 [y 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 JVithC McC hey, oun.� eco d�b This Ordinance prepared by Nancy Ecker i y r , Street, Waterloo, Iowa. ORDINANCE NO. 4900 AN ORDINANCE AMENDING THE 2007 CODE OF ORDINANCES OF THE CITY OF WATERLOO, IOWA, BY REPEALING SECTION 5-1B-1, DEFINITIONS, SECTION 5-1B-4, DANGEROUS DOGS PROHIBITED, AND SECTION 5-1B-6, RESTRICTIONS ON POSSESSION OF ANIMALS, OF ARTICLE B, DANGEROUS ANIMALS AND DOGS, OF CHAPTER 1, ANIMAL CONTROL, OF TILE 5, POLICE REGULATIONS; AND ENACTING IN LIEU THEREOF NEW SECTION 5-1B-1, DEFINITIONS, SECTION 5-1B-4, DANGEROUS DOGS PROHIBITED, SECTION 5-1B-6, RESTRICTIONS ON POSSESSION OF ANIMALS, AND 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. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA: That Section 5-1B-1, Definitions, Section 5-1B-4, Dangerous Dogs Prohibited, and Section 5-1B-6, Restrictions on Possession of Animals, of Article B, Dangerous Animals and Dogs, of Chapter 1, Animal Control, of Title 5, Police Regulations, are hereby repealed in their entirely; that new Section 5-1B-1, Definitions, Section 5-1B-4 Dangerous Dogs Prohibited, Section 5-1B-6, Restrictions on Possession of Animals, and 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: ARTICLE B: 5-1B-1: DEFINITIONS: CHAPTER 1 ANIMAL CONTROL DANGEROUS ANIMALS AND DOGS DANGEROUS ANIMAL: A. Any animal or species of animal which is not naturally tame or gentle, and which is of a wild nature or disposition, and which is capable of killing, inflicting serious injury upon, or causing disease among human beings or domestic animals and having tendencies as a species to do so; or B. Any animal declared to be dangerous by the city council or an animal control officer. C. The following animals shall be deemed dangerous animals, but not limited to: lions, tigers, jaguars, leopards, cougars, lynx, ocelots and bobcats; black bears, polar bears, and grizzly bears; crocodiles and alligators; all venomous and constricting snakes; wolves and foxes; badgers, wolverines and weasels. A ferret shall not be deemed a dangerous animal. DANGEROUS DOG: A. Any dog with a known propensity, tendency, or disposition to attack unprovoked, to cause injury to, or to otherwise endanger the safety of humans or other domestic animals; or B. Any dog which attacks a human being or other domestic animal without provocation. Ordinance No. 4900 Page 2 GUARD DOG: Any dog trained or used to protect persons or property by attacking or threatening to attack any person found within the area patrolled by the dog and that is either securely enclosed within that area at all times or under the continuous control of a trained handler. (Ord. 3601, 11-21-1988) 5-1B-4: DANGEROUS DOGS PROHIBITED: A. Applicability of Section: The provisions of this section shall apply to adult dogs only, which shall mean any dog over the age of six (6) months. 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 1-5B-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 animal or the city council has ruled on an appeal of the dangerous dog finding. 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 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 Ordinance No. 4900 Page 3 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 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 such dangerous animal, 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 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 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 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 fifty dollars ($50.00), or constitute a municipal infraction. H. Permanent Identification Required: Any 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. Return of Dangerous Dog: If a dangerous dog is removed from the city pursuant to order of animal control or the city council under this ordinance and is subsequently found within city limits following the date the owner agreed to removal, such action will constitute a separate and independent violation of this ordinance. In addition, a dangerous dog ordered removed which is Ordinance No. 4900 Page 4 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. 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. 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. (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. 5-1B-7: REGISTRATION OF POTENTIALLY DANGEROUS DOGS: A. Definitions: (1) Any dog which meets one or more of the following criteria will be considered a "potentially dangerous" dog subject to registration under this ordinance: a) A dog which has caused an injury to a person or a domestic animal that is nc.-t severe enough to result in a broken bone or a laceration requiring multiple sutures. b) A dog found running at large if the owner has been cited by Black Hawk County Animal Control (hereinafter "Animal Control") for any reason three (3) or more times within any twelve month period. (2) No dog shall be declared "potentially dangerous" under, the following circumstances: a) Where the dog is used by a law enforcement official for approved law enforcement purposes. b) Where the threat or injury was sustained by a person who was committing a willful trespass upon the premises lawfully occupied by the owner or possessor of the dog, and the dog was properly confined as required by the Code of Ordinances. c) Where the threat or injury was sustained by a person who was committing or attempting to commit a crime on the property of the owner or possessor of the dog. d) Where the threat or injury was sustained by a person due to the person torturing, abusing, or assaulting the dog, or intentionally inflicting pain on the dog without lawful justification, or in the process of treating or rendering aid to a previously injured animal. e) Where the threat or injury was sustained by a domestic animal that was at large and entered a confined area of the doa. Ordinance No. 4900 Page 5 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. The owner or possessor of the dog must obtain the registration certificate within (7) days following the date that Animal Control notifies the owner or possessor that the dog is potentially dangerous. 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 will be guilty of a misdemeanor and will be fined in an amount not to exceed $50 (fifty dollars) and/or a municipal infraction violation. C. Registration Form. An owner or possessor of a dog determined to be potentially dangerous by Animal Control must execute a registration form with Animal Control which includes the following information: (a) name, address, and telephone number of the owner or possessor, including proof that the owner or possessor is over the age of 18; (b) the name and detailed physical description of the potentially dangerous dog; (c) a photograph of the dog taken by animal control; (d) a registration number assigned by animal control to the dog; (e) veterinarian information for the dog; (f) proof of a current rabies vaccination number and expiration date (a copy of which must be retained by Animal Control), (g) city license number (a copy of which must be retained by Animal Control); (h) microchip or tattoo number as provided by subsection E of this ordinance; (i) a detailed description of the incident or incidents leading Animal Control to classify, the dog as potentially dangerous; and (j) 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 6 feet in width, 12 feet in length, and 6 feet in height, which is capped and has solid flooring to prevent the dog from digging out). D. Registration Fee and Proof of Insurance. In addition to completion of the registration form, an owner or possessor of a dog considered potentially dangerous must pay a registration fee of $50.00 (fifty dollars) to register the dog with Animal Control and provide proof of liability insurance to Animal Control totaling a minimum of $300,000 which will provide coverage for injuries 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. E. Permanent Identification: The registration number assigned by Animal Control under this ordinance shall be affixed to the potentially dangerous 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. F. Issuance of Registration Certificate: If all requirements of this ordinance are met, the applicant will be issued a registration certificate entitling them to own, maintain, possess, or shelter the potentially dangerous dog within city limits. G. Prohibition on Registration for Owners with Prior Convictions: An applicant who has previously been convicted of an offense under Iowa Code 717D.2 or who has been convicted of a misdemeanor and/or a municipal infraction under section 5-1B-4 of the Ordinance No. 4900 Page 6 Waterloo Code of Ordinances shall not be permitted to register a dog under this section 5-1B-7. H. Exception for Veterinarians and Shelters: The provisions of this section will not apply to any licensed veterinarian or animal shelter. I. Renewal of Registration: A registration certificate issued pursuant to this ordinance must be renewed annually. The owner or possessor of the potentially dangerous dog may renew the certificate for an additional twelve months following expiration of their current registration certificate provided that they pay the registration fee of $50 (fifty dollars), provide proof of insurance, and update any information provided in the original application. J. Additional Responsibilities of Potentially Dangerous Dog Owners: 1) An owner or possessor of a dog registered as "potentially dangerous" 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 possessor of dangerous" must contact Animal dog's death. Documentation from that the dog is deceased will Control. a dog registered as "potentially Control within 48 hours of the a veterinarian or physical proof need to be provided to Animal 3) An owner or possessor of a dog registered as "potentially dangerous" must contact Animal Control within 48 hours if the dog has been sold or given away. If the dog has been sold or given away, the owner shall provide Animal Control with the name, address, and telephone number of the new owner of the dog 4) An owner or possessor of a dog registered as "potentially dangerous" 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. K. Removal of Registration Requirement: In the event that any dog determined to be potentially dangerous has not exhibited any reported behaviors outlined in section A of this ordinance within three (3) years of the "potentially dangerous dog" registration, the dog's registration requirement may be reviewed upon owner request by Animal Control, which may lift the requirement of annual registration. In the event Animal Control chooses to lift the registration requirement, the dog in question may still be declared dangerous at any future date if it again exhibits any of the behaviors outline in section A of this ordinance. In the event Black Hawk County Animal Control chooses to maintain the registration requirement for an animal, such decision shall be appealable to the City Council. L. Dangerous Dog Finding: If a dog that has been registered as a "potentially 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 other City of Waterloo ordinances regulating such dogs. 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 City of Waterloo ordinances regulating dangerous dogs. Ordinance No. 4900 Page 7 INTRODUCED: PASSED 1ST CONSIDERATION: PASSED 2ND CONSIDERATION: PASSED 3RD CONSIDERATION: February 25, 2008 February 25, 2008 March 3, 2008 March 3, 2008 PASSED AND ADOPTED by the City Council of the City of Waterloo, Iowa, on the 3rd day of March, 2008, and approved by the Mayor on the 5th day of March, 2008. ATTEST: Nanc Ec , CMC City Cl k Tim Hurley, Mayor 617 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. 4900, as passed and adopted by the Council of the City of Waterloo, Iowa, on the 3rd day of March, 2008. Witness my hand and seal of office this 5th day of March, 2008. Nancy Eck CMC City Clerki