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HomeMy WebLinkAbout4939-04/22/2009 (RECORDED)I IIIIIII IIIIII III VIII VIII VIII VIII VIII VIII VIII VIII VIII VIII VIII IIII III Doc ID: 003819200004 Type: GEN Recorded: 06/26/2009 at 11:18:32 AM Fee Amt: $22.00 Page 1 of 4 InstAm 200800032365 Black Hawk County Iowa JUDITH Book1080MPapeT576190- 57622 File2009_40025389 This Ordinance prepared by Nancy Eckert, City Clerk, 715 Mulberry -IKStreet, Waterloo, Iowa. ORDINANCE NO. 4939 AN ORDINANCE AMENDING THE 2007 WATERLOO CODE OF ORDINANCES BY REPEALING SECTION 5-1B-1, DEFINITIONS; SECTION 5-1B-2, KEEPING OF DANGEROUS ANIMAL PROHIBITED; AND SUBSECTION A, REPORT REQUIRED: INFORMATION, OF SECTION 5-1B-3, REGULATIONS ON KEEPING, OF CHAPTER 1, ANIMAL CONTROL, OF ARTICLE B, DANGEROUS ANIMAL AND DOGS, OF TITLE 5, POLICE REGULATIONS; AND ENACTING IN LIEU THEREOF A NEW SECTION 5-1B-1, DEFINITIONS; SECTION 5- 1B-2, KEEPING OF DANGEROUS ANIMAL PROHIBITED; AND SUBSECTION A, REPORT REQUIRED: INFORMATION, OF SECTION 5-1B-3, REGULATIONS ON KEEPING, OF CHAPTER 1, ANIMAL CONTROL, OF ARTICLE B, DANGEROUS ANIMAL AND DOGS, 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-2, Keeping of Dangerous Animal Prohibited; and Subsection A, Report Required: Information, of Section 5-1B-3, Regulations on Keeping, of Chapter 1, Animal Control, of Article B, Dangerous Animal and Dogs, of Title 5, Police Regulations, of the 2007 Code of Ordinances of the City of Waterloo, Iowa, be and the same hereby repealed in their entirety; that a new Section 5-1B-1, Definitions; Section 5-1B-2, Keeping of Dangerous Animal Prohibited; and Subsection A, Report Required: Information, of Section 5-1B-3, Regulations on Keeping, of Chapter 1, Animal Control, of Article B, Dangerous Animal and Dogs, 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-1: DEFINITIONS: DANGEROUS ANIMAL: A. Any animal or species of animal which is not naturally tame or gentle, and which is of a wild nature of 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 or species of animals shall be deemed dangerous: �E } Ordinance No. 4939 Page 2 1. All felids, except felis domestica (domestic cats) . 2. All ursids (bears). 3. All canids, except canis familiaris (dogs). 4. All non -human primates. 5. All crocodilians. 6. All venomous and constricting snakes. 7. All venomous reptiles. 8. All venomous arachnids. 9. All mustelids, except domestic ferrets. D. In addition to the exceptions stated in subsection C of this section, the following animals shall not be considered dangerous animals, but nonetheless may be subject to applicable zoning requirements: 1. Animals kept for farming purposes, including but not limited to cattle, bison, pigs, horses, poultry, ostriches, emus, goats, sheep, antelope, llamas, and alpacas. 2. Constricting snakes whose adult length is less than six feet, and specifically limited to corn snakes, king snakes, garter snakes, ribbon snakes, rat snakes, milk snakes, rosy boas, and ball pythons. 3. Hamsters, gerbils, guinea pigs, domestic rabbits, and domestic rats. 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. 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. 5-1B-2: KEEPING OF DANGEROUS ANIMALS PROHIBITED: A. No person shall keep, shelter, or harbor as a pet, guard, or for other purpose, within the city, a "dangerous animal" as defined herein, except as provided in subsection B of this section. Ordinance No. 4939 Page 3 B. The prohibition contained in subsection A of this section shall not apply to the keeping of dangerous animals in the following circumstances: 1. The keeping of dangerous animals in a bona fide, licensed veterinary hospital for treatment. 2. Any dangerous animals under the jurisdiction of and in the possession of the conservation commission, pursuant to Iowa Code chapters 109 and 109A. 3. The keeping of dangerous animals at the Cedar Bend Humane Society. 4. The keeping of dangerous animals in a public zoo, bona fide educational or medical institute or museum where they are kept as live specimens for the public viewing or for purposes of research, study or instruction. 5. The keeping of dangerous animals for purposes of bona fide religious practice or ritual. 6. The keeping of dangerous animals for exhibition to the public by a traveling circus, carnival, exhibit or show that is duly licensed by the city. 5-1B-3: REGULATIONS ON KEEPING: A. Report Required; Information: Every person owning, keeping, sheltering or harboring a dangerous animal pursuant to subsection 5 -1B -2B of this article shall report such fact, in writing, to the animal control officer together with the following information: 1. The species name of each animal; 2. The number of such animals of each such species kept on the premises; 3. A physical description of each such animal, including any pet names to which it might respond; 4. The location of such animal or animals within the city, including the location of the cage or place of confinement upon or in the premises wherein the animal or animals are kept; 5. In the case of poisonous dangerous animals, the location of the nearest source of antivenom for that species; and 6. The specific purpose for which the animal is kept and any use that will be made of the animal. INTRODUCED: April 20, 2009 PASSED 1St CONSIDERATION: April 20, 2009 PASSED 2nd CONSIDERATION: April 20, 2009 PASSED 3rd CONSIDERATION: April 20, 2009 Ordinance No. 4939 Page 4 PASSED AND ADOPTED by the City Council of the City of Waterloo, Iowa, on the 20th day of April, 2009, and approved by the Mayor on the 22nd day of April, 2009. ze. A4114 Tim Hurley, 76r ATTEST: ( C4-e-,� Nancy Eck t, CMC City Cle 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. 4939 as passed and adopted by the Council of the City of Waterloo, Iowa, on the 20th day of April, 2009. Witness my hand and seal of office this 22nd day of April, 2009.