HomeMy WebLinkAbout2967-05/22/1978 ORDINANCE NO. I�
AN ORDINANCE AMENDING CHAPTER 7, ANIMALS AND FOWL, OF THE CODE OF
ORDINANCES OF THE CITY OF WATERLOO, IOWA, BY REPEALING SUBSECTIONS
7-1, 7-29, 7-33, 7-44, 7-49, 7-57, 7-62 and 7-63 AND ENACTING IN
LIEU THEREOF NEW SUBSECTIONS 7-1, 7-29, 7-33, 7-44, 7-49, 7-57,
7-62 AND 7-63 OF CHAPTER 7, ANIMALS AND FOWL, OF THE CODE OF
ORDINANCES OF THE CITY OF WATERLOO, IOWA, AND ADDING NEV SUBSECTIONS
7-3 AND 7-4 TO CHAPTER 7, ANIMALS AND FOWL, OF THE CODE OF ORDINANCES
OF THE CITY OF WATERLOO, IOWA.
BE IT ORDAINED by the City Council of the City of Waterloo, Iowa:
That Subsections 7-1, 7-29, 7-33, 7-44, 7-49, 7-57, 7-62 and 7-63 of Chapter 7,
Animals and Fowl, of the Code of Ordinances of the City of Waterloo, Iowa, are
hereby repealed in their entirety; that new Subsections 7-1, 7-29, 7-33, 7-44,
7-49, 7-57, 7-62 and 7-63 of Chapter 7, Animals and Fowl, of the Code of
Ordinances of the City of Waterloo, Iowa, are hereby enacted in lieu thereof
as follows; and that Subsections 7-3 and 7-4 of Chapter 7, Animals and Fowl,
of the Code of Ordinances of the City of Waterloo, Iowa, are hereby added
as follows:
Sec. 7-1, Livestock and domestic fowl running at large or grazing in public
ways prohibited; impoundment.
(a) No cattle, horses, mules, swine, sheep, goats, or any geese, ducks,
turkeys, chickens, or other animal or fowl (hereinafter referred to as animal)
shall be allowed to run at large within the city, nor shall any animal be
permitted to be staked or tied out to graze on or in front of any person's
premises, without the consent of such person, nor shall any animal be permitted
to be staked or tied out to graze in public streets, alleys, or avenues of the
City of Waterloo.
(b) Any animal found in violation of the provisions of any of the
subsections of this ordinance by the Sanitary Inspector, Animal Control Officer
or any Police Officer of the City, or any other person, shall be placed with
the Humane Society or in the public pound by the person finding the animal or fowl,
and said animal or fowl shall be kept at the Humane Society at the expense of
the owner.
(c) The harboring of any animal requires that the following guidelines
be followed:
(1) All such species must be restrained upon the owner's property
and penned (housed or stabled) in such a manner that the animals will not
place any person in fear of attack.
(2) All animals that are included in this article shall be required
to have adequate space as so designated by the zoning Ordinance according to
the size and needs of the various animals, and each animal shall be so restrained
in an area to allow proper exercise for the particular species involved.
(3) When the owner restrains (harbors) any animal in an area not
adjoining the owner's residence, the owner shall post his name, address and
phone number at the place where the animal is being restrained (harbored) .
(d) Any wild, non-domestic, animals, reptiles, or birds, in captivity
in the metro area of the City of Waterloo except such animals that are within
the City for the purposes of display by a show, act, carnival, zoo, circus,
or promotional agency, which are known to be dangerous, poisonous, vicious, or
ferocious, shall be registered with the following agencies of the City of
Waterloo: The Animal Control Department, the Police Department, and the Humane
Society. If such animals are in the metro area as part of a show, act, carnival,
zoo, circus, or promotional agency, then such group shall show adequate and
ample restraints placed upon the animals as to protect the health and safety
of the exposed public.
(1) If such animal becomes at large within the city and poses a
threat to the public, it shall be assumed that the owner has given consent to
eliminate the animal with the cost to be born by the owner. The Mayor, the
Animal Control Officer, or any Police Officer may order the elimination of
such animal.
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Sec. 7-3. Use of tranquilizer gun and drugs to control animals
(a) The animal control officer, his agents or any police official shall
be able to use a tranquilizer gun or any other drug to bring an animal at
large under control.
(b) In order to use a tranquilizer gun or other drugs, the animal must
be at large and pose a threat or danger to the general public or to the city
officer trying to bring the animal under control.
(c) If it becomes necessary for the Animal Control Department or the
Police Department to use a tranquilizer gun or other drugs to bring an
animal at large under control, the City shall not be held responsible for
any damage done to the animal by the use of the tranquilizer gun or other
drugs.
(d) The owner of the animal that needs sedation to bring it under control
shall pay for costs of the sedation and for the care and feeding while the
animal is under control of the city or the Humane Society.
Sec. 7-4. Duty to dispose of dead animals.
A person caring for or owning any animal that has died shall not allow
the carcass to remain about his premises. Such carcass shall be disposed of
within twenty-four (24) hours after death.
Sec. 7-29. Definitions.
As used in this ordinance, unless the context indicates otherwise, the
following words and phrases shall have the meanings respectively ascribed
to them:
(a) Animal pound or shelter means a facility operated by the city for
the purpose of impounding or harboring of seized, stray, homeless, abandoned
or unwanted dogs, cats or other animals; or a facility operated for such a
purpose under a contract with the city.
(b) Pet shop means an establishment where any dog, cat, or other animal
or fowl, or other vertebrate animal is sold, exchanged or offered for sale
to the general public.
(c) Kennel means an area of private property that is sheltered where
dogs or cats are kept under constant restraint.
(d) Boarding kennel means a place or establishment other than a pound
or animal shelter where dogs or cats not owned by the proprietor are sheltered,
tied, and watered in return for a consideration.
(e) Commercial kennel means a kennel which performs grooming and training
services for dogs and cats, or both, and may or may not render boarding services
in return for a consideration.
(f) Hobby Kennel means a non-commercial kennel at, in or adjoining a
private residence where dogs or cats, or both, are kept for the hobby of the
householder, in using them for hunting or practice training or for exhibiting
them in shows or field or obedience trials, or for guarding or protecting the
householder's property and from which offspring with a total value in excess
of one hundred dollars ($100.00) are sold, traded or exchanged during a calendar
year. The keeper of a hobby kennel may keep or maintain up to ten (10) dogs or
cats, or both, of either sex per year and may raise or sell not more than
fifteen (15) offspring of either dogs or cats, or both, during any calendar
year without changing the status of the kennel. If the keeper of a hobby kennel
sells, trades or transfers more than fifteen (15) offspring during any
calendar year, he shall be subject to licensing as a commercial breeder.
The keeper of a hobby kennel is to be limited by the Zoning Ordinances of
the City of Waterloo when and if they apply.
(g) Commercial breeder means a person engaged in the business of breeding
dogs or cats or both for sale, whether or not such animals are raised, trained,
groomed, or boarded by said breeder.
(h) Dealer means any person who is engaged in the business of buying for
resale or selling or exchanging dogs or cats as a principal or agent or who
holds themselves out to be so engaged.
Page 3
fowl. (i) Owner means any person owning, keeping or harboring an animal or
(j) Research facility means any school or college of medicine, veterinary
medicine, pharmacy, dentistry or osteopathy, or hospital, diagnostic or research
laboratories, or other educational or scientific establishment situated in this
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.
(k) Primary enclosure means any structure used to immediately restrict
an animal to a limited amount of space, such as a room, pen, cage or compartment.
(1) Housing facility means any room, building or area used to contain a
primary enclosure or enclosures.
(m) Adequate feed means the provision at suitable intervals of not more
than twenty-four (24) hours or longer if the dietary requirements of the
species so require, of a quantity of wholesome foodstuff suitable for the
species and age, sufficient to maintain a reasonable level of nutrition in
each animal. The foodstuff shall be served in a clean receptacle, dish or
container.
(n) Adequate water means a supply of clean, fresh, potable water supplied
in a sanitary manner at least twice daily at suitable intervals for the animal;
and not to exceed twelve (12) hours at any interval.
(o) Tranquilize means to temporarily sedate any animal for gaining control.
(p) Facilities outdoors means
(1) Shelter from sunlight. When sunlight is likely to cause
overheating or discomfort, sufficient shade shall be provided to allow all dogs
or cats and any other animal kept outdoors to protect themselves from the direct
rays of the sun.
(2) Shelter from rain or snow. Dogs, cats and other animals kept
outdoors shall be provided with access to shelter to allow them to remain dry
during rain or snow.
(3) Shelter from cold weather. Shelter shall be provided for all
dogs or cats and any animals kept outdoors when the atmospheric temperature
falls below 50 degrees Fahrenheit. Sufficient clean bedding material or other
means of protection from the weather elements shall be provided when the
ambient temperature falls below that temperature to which the species is
acclimated.
(4) Drainage. A suitable method shall be provided to rapidly
eliminate excess water from the living area of the dog or cat or other animal.
(q) At large means any animal running or found within the city upon a
street, alleyway, sidewalk, public or private grounds. A dog or cat, properly
licensed as required by this ordinance, will not be deemed at large if:
(1) it is on the premises of the owner and said premises are
adequately fenced to contain said animal.
(2) It is under the control of a person competent to restrain
and control the animal, with said person being in public view with the
animal, and either having the animal under control by a leash, cord, chain,
or other means, or is properly restrained within a motor vehicle.
(3) It is off the property of the owner but the animal is maintained
by a six-foot rope, leash, cord, chain.
(4) It is properly housed in a veterinary hospital or licensed
kennel.
Sec. 7-33. License fee.
The annual license fee shall be three dollars ($3.00) for each altered
dog or cat, incapable of breeding. The annual license fee shall be ten dollars
($10.00) for each unaltered dog or cat. However, the license fee for each
altered male dog or cat or spayed female dog or cat either presently altered
or altered or spayed in the future need not be paid for a period of three (3)
years. The city license fee shall be waived for all dogs or cats if the
owner of said dogs or cats had a valid state pet shop license, state boarding
kennel operator's license, state commercial kennel license, state hobby kennel
license, state commercial breeder's license or state dealer's license for
said dogs or cats.
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Page 4
The owner of all dogs or cats six (6) months old or older must comply
with all code provisions of this article including the obtaining of rabies
vaccination and license tag even though the license fee has been waived. A
written certificate from a licensed veterinarian shall be required to prove
that a dog or cat is incapable of breeding, and has been vaccinated for rabies.
Sec. 7-44. Unlawful to permit dogs or cats to be at large.
It shall be unlawful for the owner of a dog or cat to permit or allow
such dog or cat to be at large. Any dog or cat found at large shall be
presumed to be so with the permission of its owner, proof that said dog or
cat was at large and of ownership shall constitute in evidence a prima facie
presumption in any proceeding charging any violation of this section.
Sec. 7-49. Redemption of impounded dogs or cats or other animals.
Any dog or cat or other animal restrained or impounded in accordance with
provisions of this ordinance may be redeemed by the owner of such animal by
payment of costs of impoundment, which shall include a pickup fee of ten dollars
($10.00) , said pickup fee shall be collected by the Waterloo Humane Society for
the City of Waterloo Animal Control Department.
The costs of impoundment shall include all feed and boarding fees.
If such dog, cat or other animal restrained or impounded is unlicensed,
the Humane Society or city animal pound shall keep said animal for a period
of seven (7) days. Within said seven (7) days the owner of said dog or eat
or other animal may redeem said animal by obtaining the required license and
rabies vaccination, as required and by paying the cost of impoundment which
shall include the above-stated pickup fee and a daily boarding fee.
Sec. 7-57. Owner or person in charge of animals to keep place in a sanitary
condition.
It shall be unlawful for the owner or person in charge of any dog, cat,
horse or other animal to permit excrement or droppings from said animals to
collect on the premises of said owner or person in charge causing odor or
unsanitary conditions. Each owner or person in charge of the above-mentioned
animal shall prevent said animal from interferring with any neighboring
resident's peaceful and quiet enjoyment of their property.
Sec. 7-62. Powers of humane and police officers.
In addition to any police officer of this city, the Animal Control
Officer shall have police powers in enforcement of this ordinance, and no
person shall interfere with, hinder, molest or abuse any such officer in the
exercise of his powers. For the purpose of discharging the duties imposed by
this ordinance and to enforce its provisions, any officer is empowered to
enter upon any premises upon which a dog, cat, or other animal is kept or
harbored and to demand the exhibition by the owner of such dog, cat or other
animal that the animal is licensed and has had the proper rabies vaccination tag.
If a police officer or officer of the Humane Society or officer of the
Animal Control Department shall find upon inspection of a private premises
that a dog or cat or other animal has not received rabies shots, is not licensed,
has inadequate feed or water, or has inadequate shelter, the officer may remove
said dog, cat or other animal to the animal shelter or Humane Society. Cost of
said removal and boarding of said animal shall be paid by the owner of the dog,
cat or other animal.
Sec. 7-63. Penalty.
Any person, firm or corporation violating any provision of this
ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof
shall be punished accordingly. pp
PASSED AND ADOPTED by the City Council this ;) d day of , 1978,
and approved by the Mayor this day of , 1978.
Leo P. Roof f, Mayo
ATTEST:
Katherine Gibbs, City Clerk
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CT A T 1, ----Robert- J=- McCoy---- - -- ---------- - -- -
3 Publisher of the lU llU r t o 0 Courier
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a daily newspaper printed in the English
Waterloo, Black Hawk County, Iowa do solemnly swear that
Ordinance No __29_67- -----------------------------------------------
tice was published in the English language only mgdadY
ce a -- ----- - for----------------consecutive----------------------
mencing on the----------------day of --------------------------19------
the issues of------------May--26'- 197 8-- --------------------------------
of said newspaper, and
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the annexed rate of advertising is the regular legal rate of
newspaper, and that the following is a correct bill for pub-
ng said notice.
Printer's Bill $---108 . 00----
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Subscribed and sworn to before me this____26th__------day
>- May-- - ---- - - - -A. D., 19-78_
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"-"- � Notary Publlo
Receivedof-------------------------------------------------------------------
sumof---------------------------------------------------------------- Dollars
11 for publication of the above notice.
_____.»___________________________________________________Publisher
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