HomeMy WebLinkAbout02/17/2014 Council Work Session
February 17,2014
3:50 p.m.
Council Chambers
Roll Call.
Approval of Agenda, as proposed or amended.
3:50 p.m. Review and Discussion of Revised Animal Control
Ordinance Changes-Submitted by Sandie Greco, Traffic
Operations Superintendent.
ADJOURNMENT
Suzy Schares, CMC
City Clerk/Human Resource Director
CITY OF WATERLOO
Council Communication
City Council Meeting: February 17, 2014
Prepared: February 11, 2014
Department Head Signature: 1L'1# of Attachments: 1
SUBJECT: Council Work Session —Animal Control Update
Submitted by: Sandie Greco, Traffic Operations Superintendent
Recommended City Council Action:
Summary Statement Review and Discussion of Revised Animal Control
Ordinance Changes
Expenditure Required:
Source of Funds:
Policy Issue
Alternative
Background Information:
5-1-1: ANIMALS AT LARGE:
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.
B. Any animal found in violation of the provisions of any of the subsections of this
section by a sanitary inspector, animal control officer or any police officer of the city,
or any other person, may be apprehended and impounded with the city, or an
alternate pound or shelter designated by the city. It shall be unlawful for any person
employed by the city, or any person employed by or connected with the animal
pound or shelter or any society or organization operating or maintaining such pound
or shelter under lease or contract with the city, to sell, give away or dispose of,
through any pretext or by any device or means whatsoever, any animal impounded
in such pound or shelter to any person, organization or research facility for the
purpose of using such animal as food, unless such animal is of a type that is
customarily used for food, or for the purpose of medical experimentation unless the
research facility, person or organization desiring such animal for medical
experimentation is duly approved and authorized by the state to conduct such
experimentation, or for any other purpose except for pets and related activities.
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 section 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, nondomestic animals, reptiles or birds, in captivity in the metropolitan area
of the city, 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: the animal control officer, the police department and the
humane society. If such animals are in the metropolitan 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.
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 borne by the owner. The mayor, the animal control officer or any police
officer may order the elimination of such animal.
E. Fees And Charges: The owner or caretaker of an animal of any type that is
restrained or impounded in accordance with the provisions of this chapter shall be
liable to pay all costs of impoundment. The costs of impoundment shall include all
feed and boarding fees, tattoo or microchip implant fees, testing fees for rabies or
other communicable diseases, fees for sedation and special handling, and charges
for reasonable medical services, equipment or supplies. In addition, the owner or
caretaker shall pay to the city clerk a pickup fee of twenty-five dollars ($25.00) for
the first pick up which occurs in a calendar year and ten dollars ($10.00) per day for
a holding fee. The pickup fee shall increase ten dollars ($10.00) for each additional
pickup fee incurred within the calendar year (i.e., second pickup fee is $35.00, third
pickup fee is $45.00, etc.). All fees or charges of any type or nature shall be paid in
full at the time the animal is redeemed.
5-1-2: SWINE PROHIBITED; EXCEPTIONS:
A. No person shall keep or harbor any pigs or have any pig pens or pig sties within the
city, except as follows:
1. Nothing contained in this section shall prevent the harboring and keeping of pigs
and use of pig pens and sties in connection with a general farming operation on
tracts of farmland of the size of forty (40) acres or greater.
2. Nothing herein contained shall prevent the keeping of pigs and use of pig pens
and sties within the confines of any meatpacking plant where such pigs have
been brought for butchering and processing.
3. Nothing herein contained shall prevent the keeping of pigs which are housed at
the Sunrise Exchange Club Petting Zoo.
B. The provisions of this section shall be subject to the provisions of this code and
other ordinances of the city relating to nuisances.
5-1-3: USE OF TRANQUILIZER GUNS AND DRUGS:
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.
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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.
5-1-4: DISPOSAL 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.
5-1-5: TRAPPING RESTRICTIONS:
No person shall set or use any steel, claw, leghold, conibear, snare or box trap outside
of any structure or building for the purpose of taking, killing, maiming, wounding,
ensnaring or capturing an animal or which is injurious to persons or animals, except for
the following:
A. Any trapping by a governmental unit to capture animals which are creating a public
nuisance or for the protection of public or property;
B. Licensed pest and rodent control persons in protection of private property;
C. During the season allowed by the state conservation commission for taking of fur-
bearing animals on parcels of land privately owned of forty (40) acres or more, or
public land controlled by a governmental agency issuing such rights to trapping;
D. Wire cage box traps may be used to remove nuisance pests from private property;
said traps must be checked every twelve (12) hours;
E. A private property owner on his private property in order to control small rodents,
such as gophers, moles and other similar animals.
5-1-6: CRUELTY TO ANIMALS:
No theatrical exhibit, circus, animal act or show shall be held in which animals or fowl
are encouraged or made to perform through the use of chemical, electrical or
mechanical means or devices. If any person shall torture, torment, mutilate, cruelly beat
or cruelly kill any animal or fowl, or unnecessarily fail to provide the same with adequate
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feed and water, shelter or protection from the weather, or cruelly abandon the same, or
shall commit any other act of omission by which unjustifiable pain, distress, suffering or
death is caused or permitted to any animal or fowl, whether the acts or omissions herein
contemplated be committed either maliciously, wilfully or negligently, and if any person
shall knowingly permit such act or omission or shall cause or procure the same to be
done, he shall be deemed guilty of a misdemeanor.
5-1-7: USE OF ANIMALS RESTRICTED:
A. Artificially Colored Animals; Sale: No chick, duckling, gosling or rabbit that has been
dyed or otherwise colored artificially may be sold or offered for sale, raffled, offered
or given as a prize, premium or advertising device, or displayed in any store, shop,
carnival or other public place.
B. Use As Advertising Devices:
1. Chicks, ducklings and goslings, younger than four (4) weeks of age may not be
sold or offered for sale, raffled or offered or given as a prize, premium or
advertising device, in quantity of less than twelve (12) birds to an individual
person unless sold by a person engaged in the business of selling chicks,
ducklings and goslings for agricultural or wildlife purposes.
2. Stores, shops, vendors and others displaying chicks, ducklings or goslings to the
public, shall provide and operate brooders or other heating devices that may be
necessary to maintain the chicks, ducklings or goslings in good health, and shall
keep adequate food and adequate water available to the birds at all times.
5-1-8: SANITARY CONDITIONS MAINTAINED:
A. Sanitary Premises: It shall be unlawful for the owner, caretaker or person in charge
of any dog, cat, horse or other animal to permit excrement or droppings from any of
said animals to collect on the premises of said person causing odor or an unsanitary
condition. Each owner, caretaker or person in charge of an animal shall prevent
said animal from interfering with any neighboring residents' peaceful and quiet
enjoyment of their property.
B. Owner To Clean Up Droppings: It shall be unlawful for any owner, caretaker or
person in charge of a dog, cat, horse or other animal to fail to clean up and/or
remove as soon as possible any excrement or droppings deposited by said dog, cat,
horse or other animal on any real estate, whether privately owned or publicly owned,
other than on the premises of the owner, caretaker or person in charge; provided,
however, that the foregoing does not apply to excrement or droppings deposited by
Waterloo police dogs or horses when police officers are using said dogs or horses
for official police duties.
C. Confined Animal Waste Disposal Systems; Exterior Residential Use Only: Anyone
who owns or otherwise cares for any animal in a residential zone, as defined in the
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Waterloo zoning ordinance, and who intends to install a confined waste system shall
conform to all of the following requirements:
1. The confined waste system container (hereinafter"container") shall have a
maximum volume of two and thirty six-hundredths (2.36) cubic feet or seventeen
and seventy two-hundredths (17.72) gallons.
2. The container shall be placed in an area of the property not normally occupied or
used for play or recreation, and the container shall be buried so that the lid
remains exposed.
3. The container shall have a waterproof lid that shall remain closed at all times.
The lid may be removed only when animal excrement or droppings are deposited
or added. The lid shall, thereafter, be immediately replaced.
4. Lime or activated enzymes shall be added periodically to promote the continued
decomposition of waste.
5. Enforcement of this subsection shall be by the Black Hawk County health
department and/or the animal control officer, as designated by the city council.
5-1-9: ANIMALS BITING PERSONS:
A. Duty to Report: It shall be the duty of the owner or caretaker of any dog, cat or any
other animal which has bitten or attacked a person, or of any person having
knowledge of such bite or attack, to report this act to the health department, police
department or animal control. It shall be the duty of physicians or veterinarians to
report to the health department the existence of any animal known or suspected to
be suffering from rabies.
B. Confinement: When a member of the health department, police department, animal
control or humane officer receives information that any person has been bitten or
attacked by an animal, or that a dog, cat or other animal is suspected of having
rabies, the official shall order the owner or caretaker to confine such animal in the
manner and place the official directs. If the owner or caretaker fails to confine such
animal in the manner directed, the animal shall be apprehended and impounded by
such official, and after ten (10) days the animal may be humanely destroyed if it is
not redeemed. Before such animal is returned to its owner or caretaker, all fees and
charges of impoundment as set forth in section 5-1-1(E) must be paid in full.
5-1-10: NOISY OR ANNOYING ANIMALS:
It shall be unlawful for the owner or caretaker of a dog, cat or other animal to permit or
allow said dog, cat or other animal to cause serious annoyance or disturbance to a
person or persons by frequent and habitual howling, whining, yelping, barking or other
vocal emittance to the unreasonable annoyance of others. After the first written
warning, residents of at least three (3) neighboring households must sign a citation or a
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petition. If the party charged pleads not guilty, the signatories will be asked to appear in
court to testify. Proof of ownership of a dog, cat or other animal shall constitute in
evidence a prima facie presumption of permission of the owner in any proceedings
charging any violation of this subsection.
5-1-11: CHRONIC VIOLATORS:
A. If the owner or caretaker of a dog, cat or other animal is charged or cited, more than
three (3) times in any period of twelve (12) months, with a violation of this chapter
that requires a service call by animal control to a specific location, a nuisance is
hereby declared to exist due to excessive service calls by animal control that place
an undue and inappropriate burden on the taxpayers of the city, and said person
shall be charged a nuisance service fee of$50.00 per hour per officer for
subsequent responses involving the same person or his or her household. Any
fraction of an hour is tabulated as a complete hour.
B. Written notice that a person is a chronic violator of this chapter shall be directed to
such person, and such notice is appealable to the city council as set forth in section
5-1-12.
C. For any person whose status as a chronic violator is not overturned on appeal, any
subsequent service fees chargeable to such person after the date of initial notice will
be assessed against the person's property, as shown by the city's animal licensing
or registration records, in the manner of a property tax if the service fees are not
paid within thirty (30) days.
5-1-12: ADMINISTRATIVE PROCEDURES:
A. Any notice or order issued under this chapter shall be in writing and shall be
delivered either personally, by certified mail or by conspicuous posting on the entry
door of the premises. A notice or order shall be deemed to have been delivered at
the time of personal delivery, three (3) business days after the date of mailing, or
one (1) business day after posting.
B. Bonds: Any bond required by this chapter shall be in an amount totaling the current
daily rate of impoundment at animal control multiplied by forty-five (45) days, but not
to exceed seven hundred fifty dollars ($750.00). The bond may be filed as a cash
bond or a surety bond executed by a solvent company authorized to do business in
the State of Iowa and which is acceptable to the city. If the city council ultimately
reverses the notice or order appealed from, all costs paid and any bond posted by
the owner or caretaker shall be refunded. If the animal or dog is found to have been
kept, harbored, or sheltered in violation of this chapter, any fees or charges incurred
in caring for the animal or dog, as set forth in section 5-1-1(E), through the appeal
process shall be charged against the bond, and the owner or caretaker shall be
liable for any excess.
C. Appeal Procedure:
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1. Any individual or entity desiring to appeal a notice or order issued by animal
control may do so by filing a written appeal with the city clerk within seven (7) days
after the date of delivery of such notice or order. The notice ofappeal shall state the
grounds for such appeal. In addition, a filing fee of fifty dollars ($50.00) 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 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 by simple majority may
affirm or reverse the finding or order 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, and
the city clerk shall deliver a copy of the decision to the appellant.
5-1-13: ENFORCEMENT:
A. In addition to any police officer of this city, animal control officers shall have police
powers in enforcement of this chapter; and no person shall interfere with, hinder,
molest or abuse any such officer in the exercise of his or her powers. For the
purpose of discharging the duties imposed by this chapter 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 proof by the owner or
caretaker of such dog, cat or other animal that the animal is licensed and has had
the proper rabies vaccination tag.
B. If a police officer or animal control officer shall find upon inspection of a private
premises that a dog, cat or other animal has not received rabies shots, is not
licensed, or has inadequate feed, water or shelter, the officer may remove said dog,
cat or other animal to the city impoundment facility, with a veterinarian or at a
kennel. Following impoundment, animal control shall give written notice to the
owner, if known, within two (2) days. If the owner does not redeem the dog, cat or
animal within five (5)seven (7} days after the date of the notice, the animal may be
humanely destroyed or, in appropriate circumstances as determined by animal
control, may be disposed of by sale or by donation to a suitable animal shelter or
rescue organization. Fees and charges of said removal and boarding of said animal,
as set forth in section 5-1-1(E), shall be paid by the owner or caretaker of the dog,
cat or other animal from whom it was taken.
5-1-14: DEFINITIONS:
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For purposes of this chapter, including each article under this chapter, unless the
context indicates otherwise, the following words and phrases shall have the meanings
respectively ascribed to them in this section:
ANIMAL CONTROL: The city department and its officers that have been appointed by
the city council to enforce the animal control ordinances of the city, or another
governmental agency or private party which the city council has appointed by contract
for such purpose.
AT LARGE: An animal is at large if it is found within the city off the premises of its
owner or caretaker, however, an animal will not be deemed at large if:
1. It is properly housed in a veterinary hospital, licensed kennel, pet shop, or animal
shelter.
2. It is under the control of authorized public safety personnel.
3. It is under the control of a professional handler for special events including, but
not limited to, 4-H events, school events, sanctioned pet or animal shows,
training activities, or animal-assisted therapy.
In addition, a dog or cat, properly licensed as required by article A of this chapter,
will not be deemed at large if (i) it is restrained by a rope, leash, cord, chain, or
restraining device not more than four (4) feet in length, or is properly restrained
within a motor vehicle or trailer, or (ii) it is within the fenced boundaries of an area
designated by the city as a dog park and the owner or caretaker is present.
CARETAKER: Any person having possession of an animal, for a period of more than
six hours for any purpose, where the person in possession does not own the animal,
other than a licensed veterinarian, animal behaviorist, animal shelter, or member of the
owner's immediate family who resides in the same household as the owner.
OWNER: Any person owning, keeping or harboring an animal or fowl.
ARTICLE A
5-1A-1: DEFINITIONS:
As used in this article, unless the context indicates otherwise, the following words and
phrases shall have the meanings respectively ascribed to them in this section. In
addition, the words and phrases defined in sections 5-1-14 shall apply to the provisions
of this article, to the extent applicable.
ADEQUATE FEED: 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
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receptacle, dish or container.
ADEQUATE WATER: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.
ANIMAL POUND OR SHELTER: A facility operated by the city for the purpose of
impounding or harboring 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.
BOARDING KENNEL: A place or establishment other than a pound or animal shelter
where dogs or cats not owned by the proprietor are sheltered, fed and watered in return
for a consideration.
COMMERCIAL BREEDER: 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 such breeder.
COMMERCIAL KENNEL: A kennel which performs grooming or training services for
dogs or cats, or both, and may or may not render boarding services in return for a
consideration.
DEALER: 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 himself out to be so
engaged.
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
the zoni-g ordinances of the city Ahen and if they .
HOUSING FACILITY: Any room, building or area used to contain a primary enclosure or
enclosures.
KENNEL: An area of private property that is sheltered where dogs or cats are kept
under constant restraint.
OUTDOOR FACILITIES:
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A. 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.
B. 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.
C. Shelter From Cold Weather: Shelter may be provided for all dogs or cats and any
animals kept outdoors when the atmospheric temperature falls below fifty
degrees Fahrenheit (50°F). 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.
D. Drainage: A suitable method shall be provided to rapidly eliminate excess water
from the living area of the dog or cat or other animal.
PET SHOP: 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.
PRIMARY ENCLOSURE: Any structure used to immediately restrict an animal to a
limited amount of space, such as a room, pen, cage or compartment.
RESEARCH FACILITY: 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.
TRANQUILIZE: To temporarily sedate any animal for gaining control.
5-1A-2: LICENSES REQUIRED:
A. Annual License: The owner of all dogs and cats, six (6) months old or older, shall
annually obtain a license therefor as hereinafter provided.
B. Application By Owner: The owner of a dog or cat, for which a license is required,
shall on or before January 1 of each year apply to the city clerk for a license for each
dog or cat owned by said owner. Such application or license may be made after
January 1, and at any time, for a dog or cat which has come into the possession or
ownership of the applicant, or which has reached the age of six (6) months after said
date.
C. Form Of Application: Subject application shall be in writing on blanks provided by the
city clerk, and shall state the breed, sex, age, color, markings and name, if any, of
the dog or cat, and the address of the owner and be signed by said owner. Such
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application shall also state the date of the most recent rabies vaccination, the type of
vaccine administered and the date the dog or cat shall be revaccinated.
D. License Fees:
1. The annual license fee shall be tenfive dollars ($5.00) for each dog or cat that
has been spayed or neutered, otherwise the annual license fee shall be twenty-
five dollars ($25.00) for each dog or cat nite� March f ,
license fees shall double, if paid by March 31 or within ninety (90) days after the
date on which any doq or cat that is not licensed first becomes subject to
licensure under subsection B above. Any fee not paid by the due date shall
increase to ten dollars ($10.00) and fifty dollars ($50.00), respectively.
2. Duplicate licenses shall be issued at a cost of five dollars ($5.00).
3. The city license fee shall be waived for all dogs or cats if the owner of said dogs
or cats has a valid license issued by the State of Iowa that allows the keeping of
such animals.
4. The owner of all dogs or cats six (6) months old or older must comply with all the
provisions of this article, including but not limited to the obtaining of rabies
vaccination and license tag, even if 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.
E. Term Of License: All licenses shall expire on January 1 of the year following the date
of issuance, and a license tag issued for one dog or cat shall not be transferable to
another dog or cat.
F. Transfer Or Change Of Ownership: When the permanent ownership of a dog or cat
is transferred, the license for the same may be transferred by the city clerk by the
notation on the license record giving name and address of the new owner.
G. Implied Consent: The application for and the receipt of a license as required herein
shall include an implied consent by the owner to permit an inspection of both real
and personal property under his control for the purpose of carrying out the provisions
of this article, including inspection for cruelty to animals or an inspection of sanitary
conditions.
H. Delinquent Licenses: All license fees for dogs or cats become delinquent on April 1
in the year in which they are due and payable, and a penalty shall be added to each
unpaid license on or after said date in the like amount of the annual license fee as
hereinbefore set out in subsection D of this section.
5-1A-3: EXCEPTIONS TO LICENSE REQUIREMENTS:
The foregoing requirements for licenses for dogs or cats shall not apply to dogs or cats
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that are under the control of the owners or handlers while in transit or to be exhibited or
to nonresidents of the city if they are in the state for less than thirty (30) days or which
are assigned to a research institution or like facility. The license fee shall be waived for
all dogs or cats if the owner of said dogs or cats has a valid state license for said dogs
or cats.
5-1A-4: RABIES VACCINATION REQUIRED:
A. Required: Every owner of a dog or cat shall obtain a rabies vaccination for such
animal. It shall be unlawful for any person to own or have a dog in his possession six
(6) months of age or over which has not been vaccinated against rabies.
B. Type Of Vaccine: The rabies vaccination required by subsection A of this section
shall be an injection of antirabies vaccine approved by the Iowa state department of
agriculture, and the frequency of revaccination necessary for approved vaccination
shall be as established by subject department. The vaccine shall be administered by
a licensed veterinarian and shall be given as approved by the Iowa state department
of agriculture. Evidence of said rabies vaccination shall be a certificate of vaccination
signed by a licensed veterinarian, and the certificate shall show that the vaccination
does not expire within six (6) months from the effective date of the dog or cat
license.
5-1A-5: LICENSE TAGS:
A. Required: The city clerk shall, upon receipt of application, payment of license fee
and proof of rabies vaccination, provide to the applicant a license which shall be in
the form of a metal tag.
B. Use Of License Tag: Said license tag shall be attached by the owner of a dog or cat
to a substantial collar or harness and during the term of license shall be at all times
kept on the dog or cat for which the license is issued. On the expiration of the
license, the owner shall remove said tag from the dog or cat.
5-1A-6: PROHIBITED ACTS AND CONDITIONS:
A. At Large: It shall be unlawful for the owner or caretaker 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 or caretaker, and proof of ownership and
that said dog or cat was at large shall constitute in evidence a prima facie
presumption in any proceeding charging any violation of this subsection. As to any
dog at large under the circumstances described in section 5-1 B-9, violation of this
subsection shall constitute a misdemeanor and be punishable by a fine of not less
than five hundred dollars ($500.00), or constitute a municipal infraction. For
purposes of determining the civil penalty applicable to subsequent municipal
infraction offenses, any violation of this subsection that occurs after the first offense
is a subsequent offense.
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•
B. Dogs Or Cats Attacking, Causing Damage Or Injury:
1. It shall be unlawful for the owner-or caretaker of a dog or cat to permit such dog
or cat to attack persons or domestic animals or to destroy property, or to permit
such dog or cat to place persons in reasonable fear of attack or injury. Proof of
ownership of a dog or cat and that said dog or cat did attack persons or domestic
animals, destroy property, or place persons in reasonable fear of attack or injury
shall constitute in evidence a prima facie presumption of permission of the owner
or caretaker in any proceeding charging violation of this subsection.
2. Animal control shall have discretion about whether to charge a violation of this
subsection, depending on the particular circumstances and whether the animal
constitutes a risk of attacking again, and in exercising such discretion animal
control may be aided by the professional opinion of a veterinarian or trained
animal behaviorist. If a decision is made to charge a violation concerning a dog,
then animal control will classify the dog as potentially dangerous, dangerous or
vicious pursuant to article B of this chapter and will provide written notice of same
to the owner or caretaker.
3. The owner or caretaker of a dog that has attacked must produce the dog to
animal control for rabies testing, at the cost of the owner or caretaker. If the dog
is not produced, it may be seized and the owner or caretaker will be guilty of a
municipal infraction.
C. Female Dogs Or Cats In Heat: The owner or caretaker of any female dog or cat in
heat shall confine said female dog or cat in a building, or keep the same in his or her
presence so that the said female dog or cat cannot come into contact with another
animal except for planned breeding.
D. Feeding Feral Cats: It shall be unlawful for any person to feed any cat that is at
large without a collar, license tag, or imbedded ownership chip, except for a person
who does so as an authorized participant in a city-sponsored program to trap, neuter
and release such cats.
E. LittersPuppics: It shall be unlawful for any person who does not possess a
commercial breeder license or permit issued by the State of Iowa or the federal
government to keep, shelter, or harbor a female dog or a female cat with itsa litter
that at any time exceeds two (2) offspringpuppics, unless the person registers the
litter with animal control within five (5) days of birth or acquisition and pays a
registration fee of fifty dollars ($50.00).can produce proof that the puppies arc
registono + ,..i+h then Cl h. Animal control may seize the entire litter
of puppies and the mother that are in the possession of any person violating this
paragraph, and the person shall be guilty of a municipal infraction.
5-1A-7: KENNEL PREMISES; NONCONFORMING USE:
Any premises declared by this article to be a kennel that is not located in a properly
13
zoned district under the provisions of the Waterloo zoning ordinance, is hereby declared
to be a nonconforming use. Said use of a premises as a kennel shall not be enlarged,
extended, reconstructed, substituted or structurally altered except when required by law,
nor shall the number of dogs or cats over six (6) months of age be increased.
Whenever a dog or cat, owned or kept on a premises declared by this article to be a
kennel, dies or is sold or is given away, said dog or cat shall not be replaced until such
time as the use of said premises is no longer a kennel and a nonconforming use as
defined by this section. In addition, in the event that the use of a premises as a kennel
is discontinued for a period of one year, use of the same shall conform thereafter to the
uses permitted in the zoning district in which it is located.
5-1A-8: MUNICIPAL POUND:
A. City May Establish: The city may establish and maintain a municipal animal pound or
shelter to be conducted and operated by the city. It shall be the duty of the
authorized persons appointed by the city to supervise and control such pound or
shelter, to cause it to be kept in a sanitary condition and free from offensive odors, to
provide adequate and wholesome food for animals impounded therein, to provide
careful and humane treatment toward such animals, to isolate diseased animals,
and to provide for humane destruction of animals when necessary.
B. Contract For Care: In lieu of the establishment and maintenance of animal pounds,
the city may contract with any incorporated society or association for the prevention
of cruelty to animals for the collection and protection of licensed or unlicensed dogs,
cats and other animals, for the maintenance of a shelter or pound for licensed or
unlicensed dogs, cats or other animals, for the collection of dogs or cats, or other
animals "at large" as herein defined, for the destruction or other disposition of seized
dogs or cats, or other animals, not redeemed as provided by this article, for the
disposal of dead animals, and to assist in the collection of licenses upon dogs and
cats.
5-1A-9: IMPOUNDMENT OF ANIMALS; REDEMPTION:
A. Apprehension And Impoundment: Any dog or cat found running at large, whether or
not wearing a license tag and valid rabies vaccination tag, may be apprehended and
impounded. If the owner does not redeem the dog or cat within five (5) days after
the date of notice, or if an animal without identification is not redeemed within three
(3) days after impoundment, the dog or cat may be humanely destroyed or, in
appropriate circumstances as determined by animal control, may be disposed of by
sale or by donation to a suitable animal shelter or rescue organization.
B. Permanent Identification: Each dog apprehended after being found at large, and
each dog confined pursuant to section 5-1-9(B), shall be assigned a registration
number by animal control, prior to being released to its owner or caretaker If a
registration number has not previously been, which shall be affixed to the dog by
permanent microchip implant, tattoo or some other permanent means, then before
the dog is released to its owner or caretaker the registration number shall be so
14
affixed by a licensed veterinarian or other person acceptable to the city, at the
expense of the owner or caretaker. If multiple forms of identification are available,
the owner or caretaker may select the type to be used. No personshall remove or
alter such identification once it is affixed.
I C. Spay/Neuter: An owner or caretaker of a dog or cat apprehended after being found
at large must have the animal spayed or neutered within thirty (30) days after
redemption and provide documentary proof of same to animal control within ten (10)
days after the procedure. If the owner or caretaker fails to spay or neuter the
animaldog, then animal control may seize it and, in appropriate circumstances as
determined by animal control, the animal dog may be destroyed or disposed of by
sale or by donation to a suitable animal shelter or rescue organization.
D. Redemption Of Animal: Unless the animal is to be destroyed by order of animal
control, or unless the animal is being tested for rabies or other communicable
diseases, any dog or cat that was impounded may be redeemed by the owner or
caretaker thereof upon payment of all fees and charges as set forth in section 5-1-
1(E) within the applicable time allowed by this chapter or by order of animal control
or the city council.
5-1A-10: VIOLATION; PENALTY:
Unless any section of this article prescribes a different penalty, any person violating any
provision of this article shall be deemed guilty of a municipal infraction. The court may
grant any other appropriate alternative relief.
ARTICLE B
5-1B-1: DEFINITIONS:
As used in this article, unless the context indicates otherwise, the following words and
phrases shall have the meanings respectively ascribed to them in this section. In
addition, the words and phrases defined in sections 5-1-14 and 5-1A-1 shall apply to the
provisions of this article, to the extent applicable.
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.
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 per se:
15
1. All felids, except Felis domestica (domestic cats).
2. All ursids (bears).
3. All canids, except Canis familiaris (dogs).
4. All nonhuman 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 definition, 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 (6'), 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 which bites or attacks a person or other domestic animal without
provocation and causes injury not severe enough to result in a broken bone or a
laceration requiring multiple sutures, or any dog that according to available records
has committed such acts.
B. Notwithstanding the foregoing paragraphs of this definition, a dog shall not be
deemed a dangerous dog in the following circumstances:
1. Where the dog is used by a law enforcement official for approved law
enforcement purposes.
2. 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 caretaker of the
dog, and the dog was properly confined or tethered as required by this chapter.
3. 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 caretaker of the dog, or
by a person who was attacking the owner or caretaker of the dog.
4. Where the threat or injury was sustained by a person due to the person torturing,
tormenting, abusing, or assaulting the dog, or intentionally inflicting pain on the dog
without lawful justification, or by a person in the process of treating or rendering aid
to a previously injured animal.
5. Where the dog was protecting itself or its young.
6. Where the threat or injury was sustained by a domestic animal that was at large
and entered a confined area of the dog.
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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.
POTENTIALLY DANGEROUS DOG:
A. Any dog with a tendency or disposition to bite or attack unprovoked, of-to
otherwise endanger the safety of humans or other domestic animals-. or
B. Any dog that chases or approaches a person or other domestic animal without
provocation while off its owner's or caretaker's property in a menacing fashioning or
apparent attitude of attack, if the owner of such dog is convicted or pleads guilty, no
contest, or the equivalent to a violation of 5-1A-6(B) based on fear of attack or injury.
C. Any dog found at large more than twice, or any dog found at large if the owner or
timec within an.. twelve (12) m th d
REGULATED DOG: Any dog that is a potentially dangerous dog, dangerous dog, or
vicious dog as defined by this article.
VICIOUS DOG:
A. Any dog which bites or attacks a person or other domestic animal without
provocation and causes injury that results in one or more broken bones or a
laceration requiring multiple sutures, or any dog that according to available records
has committed such acts.
B. Any dog that kills a person or other domestic animal without provocation while off the
property of its owner or caretaker.
C. Notwithstanding the foregoing paragraphs of this definition, a dog shall not be
deemed a vicious dog under the same circumstances in which a dog would not be
deemed a dangerous dog as set forth under the definition of a dangerous dog.
5-1 B-2: KEEPING OF DANGEROUS ANIMALS PROHIBITED; EXCEPTIONS:
A. No person shall keep, shelter, or harbor as a pet, guard, or for other purpose, within
the city, a "dangerous animal" as defined in this article, except as provided in
subsection B of this section or in section 5-1 B-3.
B. The prohibition contained in subsection A of this section shall not apply to the secure
keeping of dangerous animals in the following circumstances:
1. In a bona fide, licensed veterinary hospital for treatment.
17
2. Under the jurisdiction of and in the possession of the natural resources
commission, pursuant to Iowa Code chapters 481A and 481B.
3. At the Cedar Bend Humane Society.
4. In a public zoo, bona fide educational or medical institute or museum where they
are kept as live specimens for public viewing or for purposes of research, study
or instruction.
5. For purposes of bona fide religious practice or ritual.
6. 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 DANGEROUS ANIMALS:
A. Report Required; Information: Every person owning, keeping, sheltering or
harboring a dangerous animal pursuant to subsection 5-1 B-2(B) 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.
B. Confinement Required: Every person keeping, sheltering or harboring a dangerous
animal shall at all times keep such animal securely confined within a cage or
enclosure.
C. Poisonous Animals; Antivenom Kept: Every person owning, keeping, or harboring a
poisonous dangerous animal shall be required to keep ten (10) doses of antivenom
on hand and current at all times.
D. Transporting Dangerous Animals: No person owning, keeping, sheltering or
harboring a dangerous animal shall permit or allow such animal to enter upon or
traverse any public property, park property, public right of way or other property of
another, except when such animal is being transported while caged or confined.
E. Escape: It shall be the responsibility of the owner or caretaker to notify animal
control immediately in the event that a dangerous animal has escaped and is at
large.
F. At Large: In the event that a dangerous animal is found at large and unattended
upon public property, park property, public right of way, or the property of someone
18
other than its owner or caretaker, thereby creating a hazard to life or property, such
animal may, in the discretion of the animal control officer, be destroyed if it cannot
be confined or-captured. The cityshall-be under no duty to attempt the-confinement
or capture of a dangerous animal found at large, nor shall it have a duty to notify the
owner or caretaker of such animal prior to its destruction.
G. Order To Remove: In the event the animal control officer determines that a
dangerous animal is being kept, sheltered or harbored by any person or entity in
violation of the provisions of this article, the animal control officer may, in his or her
discretion, have such person or entity prosecuted for such violation, and he or she
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 the dangerous
animal, which notice shall be given in writing, directed to such person or entity.
H. Appeal Procedure; Compliance With Order: Any person or entity desiring to appeal
an order issued by the animal control officer pursuant to subsection G of this section
shall follow the appeal procedures of section 5-1-12. If the city council affirms the
action of the animal control officer, the provisions of section 5-1 B-12 shall apply.
5-1 B-4: PROHIBITIONS ON POSSESSION OF ANIMALS:
A. Persons Convicted Under State Law On Animal Contest Events: Any person who
has been convicted of, or has pled guilty, no contest, or the equivalent to, ef-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,
rooster, etc.) involved in or at issue in such offense. Violation of this subsection 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. Violation Registry: Animal control shall keep a registry of names and addresses of
individuals with convictions for violating Iowa Code 717D.2 and sections 5-1 B-5 or 5-
1 B-7 of this article. Any individual on this registry is subject to the restrictions on
ownership found in this article, regardless of whether the individual changes
addresses or moves to a different residence. An individual will be in violation hereof
if the prohibited animal is found in their residence regardless of any claim that the
animal belongs to someone else occupying the residence.
C. Notice Of Violation; Confinement: In the event an animal control officer determines
that an animal is being kept, sheltered or harbored by any person or entity in
violation of the provisions of this section or section 5-1 B-10, which determination
may be based on direct observation or on a preponderance of credible evidence
(such as photographs, witness affidavits, or other physical evidence), the animal
control officer shall have such person or entity prosecuted for such violation and
shall take the animal into custody at the expense of the owner or caretaker at a city
impoundment facility, with a veterinarian or at a kennel until such time as the owner
or caretaker 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
19
being kept, sheltered, or harbored in violation of this article, animal control shall
issue a written notice of violation, directed to such person or entity.
D. Appeal Procedure; Compliance With Order: Any individual or entity desiring to
appeal an order issued by the animal control officer pursuant to subsection D of this
section shall follow the appeal procedures of section 5-1-12. The appeal cannot be
filed until all costs incurred to date in caring and providing for the animal, as set forth
in section 5-1-1(E), are paid and a bond is posted with the city clerk. If the city
council affirms the action of the animal control officer, the provisions of section 5-1 B-
12 shall apply.
5-1 B-5: REGULATED DOGS:
A. Applicability: The provisions of this section 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 regulated dog as defined in section 5-1 B-1 of this article, except as expressly
permitted by this article.
C. Regulated Dogs At Large: In the event that a dangerous dog or a vicious 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 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 or vicious dog found
at large, nor shall it have a duty to notify the owner of such dog prior to its
destruction.
D. Notice Of Violation; Confinement: If the animal control officer determines that a
regulated dog is being kept, sheltered or harbored by any person or entity in
violation of the provisions of this article, which determination may be based on direct
observation or on a preponderance of credible evidence (such as photographs,
witness affidavits, or other physical evidence) that the dog qualifies as a regulated
dog as defined by this article, the animal control officer may, in his or her discretion,
have such person or entity prosecuted for such violation. After making a finding that
the dog is a regulated dog, animal control shall issue a written notice of violation,
directed to such person or entity. At the time such notice is issued, the dog shall be
taken into the custody of animal control and confined at the expense of the owner or
caretaker at the city impoundment facility, with a veterinarian or at a kennel. Within
seven (7) days after delivery of the notice of violation or, if appealed, within seven
(7) days after the city council has ruled on the regulated dog finding, the owner or
caretaker may redeem the dog or, if it is a potentially dangerous dog, agree in
writing to permanently remove the dog from the city. The owner or caretaker of any
regulated dog that is redeemed must comply with the provisions of section 5-1 B-7. If
the owner or caretaker fails to take all steps necessary to timely perfect an appeal or
fails to timely satisfy the requirements for removal or redemption, the dog may be
20
•
destroyed in a humane manner, and the fees and charges of impoundment, as set
forth in section 5-1-1(E), and with destruction of the dog shall be charged against the
owner or caretaker.
E. Appeal Procedure; Compliance With Order: Any person or entity desiring to appeal
an order issued by the animal control officer pursuant to subsection D of this section
shall follow the appeal procedures of section 5-1-12. The appeal cannot be filed
until all costs incurred to date in caring and providing for the dog, as set forth in
section 5-1-1(E), are paid and a bond is posted with the city clerk. If the city council
affirms the action of the animal control officer, the provisions of section 5-1B-12 shall
apply.
F. Permanent Identification Required: A dog found to be a potentially dangerous dog,
dangerous dog or vicious dog by an animal control officer, regardless of the outcome
of any appeal, shall be assigned a registration number by animal control prior to the
dog being released to its owner or caretaker, 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 expense of the owner or
caretaker. If multiple forms of identification are available, the owner or caretaker
may select the type to be used. No person shall remove or alter such identification
once it is affixed.
G. Destruction Of Dangerous Dogs Not Permanently Removed or Destroyed: If a
regulated dog is required to be removed from the city under this section and the dog
is subsequently found within city limits following the date the owner or caretaker
agreed to removal, the failure to permanently remove will constitute a separate and
independent violation of this section. In addition, if such dog is a dangerous dog or
vicious dog it may 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.
H. Dog Found Potentially Dangerous, Dangerous or Vicious By Another Jurisdiction: A
dog found within city limits which has previously been determined to be potentially
dangerous, dangerous, vicious or a threat to the health or safety of humans or other
domestic animals by court order or 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 potentially dangerous, dangerous or vicious dog, as appropriate,
pursuant to this article, and the person or entity keeping, sheltering, or harboring it
shall be issued a notice of violation pursuant to subsection D of this section. Any
such dog will be impounded. Within seven (7) days after delivery of the notice of
violation or, if appealed, within seven (7) days after the city council has ruled on the
regulated dog finding, the owner or caretaker may agree in writing to permanently
remove the dog from the city if it is potentially dangerous. If the owner or caretaker
fails to take all steps necessary to timely perfect an appeal or fails to timely satisfy
the requirements for removal, or if the dog is dangerous or vicious, the dog may be
destroyed in a humane manner, and the fees and charges of impoundment, as set
21
forth in section 5-1-1(E), and with destruction of the dog shall be charged against the
owner or caretaker.
5-1 B-6: GUARD DOGS:
The prohibition contained in this article shall not apply to keeping of guard dogs;
provided, however, that guard dogs must be kept within a structure or a fenced
enclosure at all times, and any guard dog found at large may be processed as a
dangerous dog or vicious dog pursuant to the provisions of this article. A limit of one (1)
guard dog is permitted for each residential premises and two (2) guard dogs for each
non-residential premises. Any premises guarded by a guard dog shall be prominently
posted with a sign containing the wording "guard dog" or words of similar import, and
the owner or caretaker of such premises shall inform animal control and the police
department, in writing, that a guard dog is on duty at the premises. It shall be the
owner's or caretaker's responsibility to notify animal control immediately when a guard
dog has escaped and is running at large. The provisions of subsections A through F, H
and I of section 5-1 B-7 shall apply to the registration of guard dogs.
5-1B-7: REGISTRATION OF REGULATED DOGS:
A. Registration Requirement; Penalty For Failure To Register: If animal control
determines that a dog may be classified as a regulated dog, 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
either potentially dangerous, dangerous, or vicious. Within seven (7) days following
the date that animal control delivers notice to the owner or caretaker that the dog is
regulated, the owner or caretaker of the dog must obtain the registration certificate
or file an appeal of such determination pursuant to subsection O. Any person found
to own, shelter, house, harbor, keep, or maintain a regulated dog who has failed to
register said dog or failed to file a timely appeal will be subject to an administrative
penalty in the amount of fifty dollars ($50.00) and/or a municipal infraction violation
punishable by a civil penalty of two hundred dollars ($200.00). In addition, the
registration fee will be increased to one hundred dollars ($100.00) and animal
control will impound the animal. The owner or caretaker 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 fees and charges of impoundment, as
set forth in section 5-1-1(E), are paid. If the owner or possessor does not timely
complete the registration process or file an appeal, the dog may be destroyed in a
humane manner and all fees and charges associated with impoundment, as set forth
in section 5-1-1(E), and destruction of the dog shall be charged against the owner or
caretaker. Registration under this section is in addition to any licensing
requirements set forth in article A of this chapter.
22
B. Registration Form: An owner or caretaker of a dog determined to be potentially
dangerous, dangerous or vicious by animal control must execute a registration form
with animal control which includes the following information:
1. Name, address, and telephone number of the owner or caretaker, including proof
that the owner or caretaker is over the age of eighteen (18) years;
2. Name and detailed physical description of the regulated dog
3. A photograph of the dog taken by animal control
4. Registration number assigned by animal control to the dog;
5. Veterinarian information for the dog;
6. Proof of a current rabies vaccination number and expiration date (a copy of which
must be retained by animal control);
7. City license number (a copy of which must be retained by animal control);
8. Microchip or tattoo number as provided by subsection D of this section;
9. Detailed description of the incident or incidents leading animal control to classify
the dog as regulated; and
10.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).
C. Registration Fee And Proof Of Insurance: In addition to completion of the
registration form, an owner or caretaker of a regulated dog must pay a registration
fee of fifty dollars ($50.00) to register the dog with animal control and provide proof
of liability insurance to animal control totaling a minimum of three hundred thousand
dollars ($300,000.00) which will provide coverage for injuries, damages or loss 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.
D. Permanent Identification: The registration number assigned by animal control under
this section shall be affixed to the regulated 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.
E. Issuance Of Registration Certificate: If all requirements of this section are met, the
applicant will be issued a registration certificate entitling them to own, maintain,
possess, or shelter the regulated dog within city limits.
F. Prohibition On Registration For Owners With Prior Convictions: An applicant who
has previously been convicted of, or has pled guilty, no contest, or the equivalent to,
an offense under Iowa Code 717D.2, who has been convicted of a violation of
section 5-1 B-5 of this article, or who has pled guilty, no contest, or the equivalent
with respect to any such offense or violation, shall not be permitted to register a dog
under this section.
23
G. Exception For Veterinarians And Shelters: The provisions of this section will not
apply to any licensed veterinarian or animal shelter providing services in such
capacity.
H. Renewal Of Registration: A registration certificate issued pursuant to this section
must be renewed annually. The owner or caretaker of the regulated dog may renew
the certificate for an additional twelve (12) months following expiration of the current
registration certificate, provided that he or she pays the registration fee of fifty dollars
($50.00), provides proof of current insurance, and updates any registration
information previously provided.
I. Additional Notification Responsibilities:
1. An owner or caretaker of a dog registered as potentially dangerous, dangerous
or vicious 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 caretaker of a dog registered as potentially dangerous, dangerous
or vicious must contact animal control within forty-eight (48) hours of the dog's
death. Documentation from a veterinarian or physical proof that the dog is deceased
will need to be provided to animal control.
3. An owner or caretaker of a dog registered as potentially dangerous, dangerous
or vicious must contact animal control within forty-eight (48) hours if the dog has
been sold, relocated or given away and shall provide animal control with the name,
address, and telephone number of the new owner or caretaker of the dog.
J. Spay/Neuter: An owner or caretaker of a dog registered as potentially dangerous,
dangerous or vicious 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. If the owner or
caretaker fails to spay or neuter the dog, then animal control may seize it, and, in
appropriate circumstances as determined by animal control, the dog may be
destroyed or disposed of by sale or by donation to a suitable animal shelter or
rescue organization.
K. Obedience Training: Within ninety (90) days following the initial registration of a
approved coursc of obedience training and provide proof of completion to animal
control.
-LK. Conditional Removal Of Registration Requirement: If, within three (3) years of
registration as a potentially dangerous dog, there have been no further incidents that
satisfy the standards for such dog to be deemed potentially dangerous, the dog's
registration requirement may be reviewed by animal control upon the owner's
request. If animal control chooses to lift the registration requirement, the dog in
question may still be declared potentially dangerous, dangerous or vicious at any
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future date if it meets the standards for classification as such. In the event that
animal control chooses to maintain the registration requirement for the dog, such
decision shall be appealable to the city council.
I ML. Automatic Enhancement of Regulated Status: After registration as a potentially
dangerous dog, if a dog is found to have further demonstrated the behavior of a
potentially dangerous dog at least two (2) times within any consecutive twelve (12)
month period, such dog will automatically be deemed a dangerous dog and be
subject to section 5-1 B-5 of this article. If a dog has been registered as a potentially
dangerous dog or a dangerous dog and at any time thereafter 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 is
applicable, said dog will automatically be deemed a vicious dog subject to section 5-
1B-5 of this article.
I NM. Appeal.Procedure; Compliance With Order: Any person or entity desiring to
appeal a notice or order issued by the animal control officer pursuant to this section
shall follow the appeal procedures of section 5-1-12. If the city council affirms the
notice or order, the owner must complete the registration process pursuant to this
section within seven (7) days of the city council's finding. Failure to do so will
subject the owner or caretaker to the provisions set forth in subsection A of this
section and in section 5-1B-12.
5-1 B-8: TETHERING OF DOGS:
A. A dog may be restrained outdoors by tether, only on the property of the owner or
caretaker of the dog, and only under the following conditions:
1. No tether may be attached to a fixed object unless the tether is so placed or
attached that it cannot become entangled with another animal or object, and cannot
extend over an object or edge that could result in strangulation of or injury to the
animal, and shall be of sufficient length in proportion to the size of the animal, but no
less than 10 feet in length, to allow the animal proper exercise and unlimited access
to adequate feed, adequate water, and an outdoor facility that provides adequate
protection from the elements. Such tethering shall be so located so as not to allow
such animal to trespass on public property or upon private property belonging to
others, nor in such manner as to cause harm or danger to persons, the tethered
animal, or other animals.
2. The tether shall not weigh more than one-eighth of the animal's body weight.
Chains may not be used as tethers.
3. The tether must be attached to a properly fitting collar or harness worn by the
animal. Choke or prong collars are prohibited. The tether must have a swivel at
both ends.
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4. No animal may be restrained by tether for more than 8 hours in a 24-hour period.
When the temperature falls below 30 degrees Fahrenheit, with wind chill factor
applied, or when the heat index is at least 85 degrees, no animal may be restrained
outdoors by tethering for more than 15 minutes without access to adequate feed,
adequate water, and an outdoor facility that provides adequate protection from the
elements. In any circumstances, a tethered animal must have access to an outdoor
facility that provides adequate protection from the elements.
5-1B-9: DOG ATTACKS:
In the event of an attack on a person or a domestic animal by a dog at large that was
previously determined to be a vicious dog or that is determined to be a vicious dog as a
result of such attack, the dog shall be apprehended by animal control. The dog will be
tested for rabies and may be destroyed by the city without further action or possibility of
appeal. The owner or caretaker will be charged all fees and charges incurred as set
forth in section 5-1-1(E) and all costs incident to destruction of the dog.
5-1 B-10: IRRESPONSIBLE DOG OWNERS:
A. Any person who has been convicted of any violation of this article, or who has pled
guilty, no contest, or the equivalent to such violation, at least two (2) times in any
period of twelve (12) months shall be deemed an irresponsible dog owner and shall
be prohibited from obtaining a license for any dog not already licensed by such
person, and if such person is so convicted or so pleads a third time during a 12-
month period, the person shall forfeit all right to own or possess a dog in the city, at
which time animal control shall be authorized to seize all dogs owned or possessed
by such person and to dispose of the dogs by destruction or, in appropriate
circumstances as determined by animal control, by sale or by donation to a suitable
animal shelter or rescue organization. Violation of this subsection 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. A person designated as an irresponsible dog owner who is not convicted or does not
plead to a further violation of this article for a period of thirty-six (36) months may
apply to animal control to have the designation removed. The decision of animal
control is appealable to the city council according to the appeal procedures set forth
in section 5-1-12.
5-1B-11: LANDLORD LIABILITY:
A. A landlord or its property manager that knowingly permits a tenant or occupant of its
property to possess a dog in violation of sections 5-1 6-4, 5-1 B-5 or 5-1 B-10 shall be
guilty of a municipal infraction.
B. A landlord or its property manager shall not be guilty of a violation of subsection A if
it takes prompt action to notify the tenant or occupant that the dog must be
permanently removed from the property within seven (7) days of notice as set forth
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in Iowa Code section 562A.27, and thereafter proceeds to terminate the lease and
evict the tenant or occupant if the violation is not remedied.
C. Whenever animal control or the city clerk issues a notice, order or decision in
connection with a violation of sections 5-1 B-4, 5-1 B-5 or 5-1 B-10 to a person who is
not the owner of the property, a copy of said notice, order or decision shall also be
sent to the property owner at the tax statement address shown in the records of the
county auditor. The failure of animal control or the city clerk to issue a copy of any
notice, order or decision to the property owner, or the failure of the property owner to
receive same, shall not be a defense to any violation of subsection A.
5-1 B-12: ENFORCEMENT:
A. Failure To Comply:
1. Except as set forth in section 5-1 B-7(A), if the city council affirms a notice or
order of the animal control officer, the city council may also order in its written
decision that the person or entity owning, sheltering, harboring or keeping such
dangerous animal or regulated dog permanently remove such animal or dog from
the city or destroy it; provided that dangerous dogs and vicious dogs must be
destroyed and may not be removed. The decision and order shall immediately be
served upon the person or entity against whom rendered in the same manner as the
initial notice or order.
2. In any situation where permanent removal of an animal or dog from the city is
permitted, the animal or dog will not be released to the owner or caretaker until the
owner or caretaker executes a form provided by the city which includes the
following: (a) identifying information for the animal or dog, (b) the location to which it
will be removed, and (c) the date of removal. The owner must also pay all fees and
charges of impoundment, as set forth in section 5-1-1(E), before the dog will be
released and the bond, if any, lifted. If within seven (7) days after issuance of the
order the owner or caretaker fails to complete the application for removal and pay
such fees and charges, fails to petition the district court for review of the order, or
otherwise fails to take action, then animal control shall cause the animal or dog to be
destroyed in a humane manner.
3. If instead of removal the animal or dog is ordered destroyed by the city council
and the owner fails to file a petition for review of the order with the district court
within seven (7) days after its issuance, the animal or dog will be destroyed in a
humane manner.
4. As an alternative to the destruction of an animal or dog it may, in appropriate
circumstances as determined by animal control, be disposed of by sale or by
donation to a suitable animal shelter or rescue organization.
B. Penalties:
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1. Unless a different penalty is specifically prescribed by any section of this article,
in which case such penalty shall apply, the failure to comply with an order of the city
council issued pursuant to this article shall constitute a misdemeanor and be
punishable by a fine of not less than two hundred fifty dollars ($250.00), or constitute
a municipal infraction.
2. For purposes of determining the civil penalty applicable to subsequent municipal
infraction offenses, any violation of this article that occurs after the first offense is a
subsequent offense, even if the violations are of different provisions of this article.
28
•
DEANNE KOBUSKA
From: SUZY SCHARES
Sent: Monday, February 17, 2014 1:08 PM
To: DEANNE KOBLISKA
Subject: FW: Please Consider Breed-Neutral Legislation in Waterloo
Suzy Schares,CMC
City Clerk/HR Director
City of Waterloo
715 Mulberry Street
Waterloo IA 50703
319-291-4522#3008
From: Eric Wuliner [mailto:thewellmanneredpitbuli@gmail.com]
Sent: Monday, February 17, 2014 12:30 PM
To: SUZY SCHARES; MICHELLE WESTPHAL; QUENTIN HART; DAVID JONES; CAROLYN COLE; HAROLD GETTY; BOB
GREENWOOD; STEVE SCHMITT
Subject: Please Consider Breed-Neutral Legislation in Waterloo
Waterloo Mayor and City Council Members:
The following statement is being submitted in response to proposed breed-specific legislation targeted at owners of'pit
bull'type dogs that would include mandatory spaying or neutering, micro chipping, proof of insurance by owners and
limits the number of pit bulls permitted in one household.
Breed Specific Legislation (BSL) is a legislative phenomenon that has spread across the globe like a virus robbing
responsible owners of the right to own a dog of their choice.The most common form of BSL prohibits or restricts the
ownership of"pit bulls."Ordinances typically defines a "pit bull" as"any dog that is an American Pit Bull Terrier,
American Staffordshire Terrier,Staffordshire Bull Terrier, or any dog displaying the majority of physical traits of any one
or more of the above breeds,or any dog exhibiting those distinguishing characteristics which substantially conform to
the standards established by the American Kennel Club or United Kennel Club for any of the above breeds.Sound
ambiguous?You don't need to be an attorney to see the many issues with this legislation. Other forms of BSL deny
citizens home insurance, impose mandatory to spay/neuter, require owners to kennel or muzzle their dogs or subject
owners to increased fees and registration requirements.
The Well Mannered Pit Bull urges state,county and municipal officials to consider breed-neutral legislation that ensures
broader protections for residents from all dangerous dogs, rather than specific breeds. Legislation that targets dogs that
"resemble" or"conform"to the physical characteristics of any breed is bad legislation, constitutes discrimination and is
increasingly being ruled unconstitutional.
While we are certainly not experts on animal control legislation or animal behavior, we do have considerable experience
with the breed known as the American Pit Bull Terrier and the American Staffordshire Terrier.The Well Mannered Pit
Bull is an organization committed to the rescue,education and advocacy of this highly victimized, abused and
misunderstood breed. Please consider these facts before forming an opinion on BSL.
Background
1
I spent 10 years in Harlem New York, a community synonymous with gangs and pit bulls.The plight of the "pit bull" is
absolutely unavoidable and tragic. On short journeys I was furnished with a daily reminder of the heinous cruelty many
of these dogs endure. I soon discovered that I harbored many of the commonly held myths and fears about these dogs.
That was until a Red-Nose American Pit Bull Terrier named Boo appeared on my front stoop. Boo seemed to be the pride
and joy of his master until the day Boo decided to make a toy out of a new pair of sneakers. Boo was sold for a few
bucks and turned into a bait dog. What is a bait dog? Bait dogs are often smaller,submissive mild mannered "pit bulls"
that are forced into a ring with a much larger dog that has also been victimized and trained to fight to the death of its
opponent.The bait dog is typically muzzled and restrained so no harm comes to the highly prized fighter. Boo was
muzzled, incapable of defending himself, and used as target practice to hone the skills of a trained fighter. Boo was then
turned loose on the streets with multiple baseball-sized abscesses to die a slow and agonizing death. My most vivid and
painful recollection is Boo sitting at a street corner while hundreds of residents passed and did nothing.
Never content to be just a bystander, I took Boo into my home hoping I would not regret the decision. Boo received the
medical care, positive-based training and compassion he needed and quickly evolved into a well-tempered canine and a
star of the neighborhood. Little did I know how much this single act would change my life. Despite having more than
enough reasons to remain fearful and distrustful of humans, Boo quickly evolved into a Well Mannered Pit Bull. Boo
passed many years ago, but in his spirit and memory,The Well Mannered Pit Bull rescues, rehabilitates and places many
well tempered "pit bulls"of all shapes and sizes into loving and responsible homes. For every irresponsible"pit bull"
owner there are hundreds of responsible tax-paying"pit bull"owners unfairly targeted by BSL.On behalf of all
responsible dog owners we urge you to please consider these facts.
Failure to Address Irresponsible Owners
Breed-specific legislation does not address the issue of irresponsible dog ownership. Breed-specific legislation places all
the blame on the dogs and removes the responsibility from the dog owner. Unfortunately, many of the "pit bull" type
dogs that end up as front page news are also victims. Dog ownership is a responsibility,and dog owners must be held
accountable for the actions of their dogs.
Breed-Specific Legislation is Unconstitutional
Dog owners are fighting back(and winning!) BSL is being declared unconstitutional at the city, county and state level.
• The United States Supreme Court—Nicchia v. People of the State of New York 254 U.S. 228 (1920): gave police
the power to regulate and control dangerous dogs with drastic measures, as long as it does not infringe on the
dog owner's right to liberty with due process.
• The New York Supreme Court - In the matter of The People of the State of New York v. Diana Shanks, the
Supreme Court cited the case of Roupp v. Conrad in its Memorandum, specifically noting: The condemnation
of an individual dog in the context of a dangerous dog proceeding solely by virtue of its breed is without any
legal basis. We have repeatedly held that "'there is no persuasive authority for the proposition that a court
should take judicial notice of the ferocity of any particular type or breed of domestic animal."' (Emphasis added.)
• The Supreme Court of Alabama- City of Huntsville v. Sheila Tack, et al. (2002): upheld a decision that pit bulls
were no more inherently dangerous than any other breed.This case was very costly to the city of Huntsville.
• The Supreme Court of New York - Carter v. Metro North Associates (1999): a court cannot rule your dog vicious
simply due to its breed. The court cannot say, "Oh, it's a pit bull, it must be dangerous." Proof of the dog's
dangerous propensities must be offered.
• The Supreme Court of Ohio -State of Ohio v. Cowan (103 Ohio St. 3d 144, 2004-Ohio-4777)(2004) struck down
ORC955:11 which declared the "Pit Bull"vicious, because it violates our rights to be heard (due process).
• Westbury, NY(Spring 2003) court ruled that the city's BSL was unconstitutional and repealed the law.
• The California Court of Appeals—Zuniga v. County of San Mateo Department of Health Services(1990)The Court
found that pit bulls are not inherently dangerous.
2
Breed Identification
Another important flaw with breed specific laws is breed identification. Most animal control and/or law enforcement
officers are not able to identify specific breeds of dogs with any degree of accuracy because the commonly stated
physical characteristics are similar to many breeds. Many owners are now using canine DNA tests to challenge
municipalities in their non-scientific identification practices. Lawsuits for both parties result often with mixed results.
Pit bull is a generic term used in breed-specific legislation to describe any dog that resembles the Staffordshire Bull
Terrier,American Staffordshire Terrier,American Pit Bull Terrier and the American Bulldog. Dogs that are commonly
identified in error as pit bulls by law enforcement or animal control officers include, Rhodesian Ridgebacks, Bull Mastiffs,
Irish Terriers, Bull Terriers,Olde English Bulldogges, Labrador Retrievers, Boxers,Thai Ridgebacks, English Mastiffs,Cane
Corsos, Pressa Canarios, Dogue de Bordeaux,Jack Russell Terriers,Alapaha Blue Blood Bulldog, Great Swiss Mountain
Dog,Vizsla, Catahoula Leopard Dog and any mixed breed containing one of these breeds.The story of Niko is a great
example of owners fighting BSL. In 2007, animal control officers in Kansas City, Kansas seized Mike and Amy Johnson's
dog Niko for violating the city's ban against harboring pit bulls. It took eight months of legal wrangling and a DNA test on
Niko before the city agreed with what the Johnsons and their paperwork had been saying all along—that Niko was a
boxer mix. During this time Niko was imprisoned in a kennel in animal control facility,separated from his family, losing
weight and fur, and picking up a cough.The case of the wrongly accused Niko and his eight-month imprisonment for
being judged as something he was not provides a good illustration of what is wrong with legislation that singles out a
specific breed or even worse dogs that resemble a specific breed.
Visit www.pickthepit.com to see how long it takes to pick out the American Pit Bull Terrier!
BSL Rejected, Repealed or Prohibited at the State Level
Below are actual state laws and links to the laws on the web, where available. South Dakota, Utah &Vermont have
similar bills advancing
California
Division 14 of the Food and Agricultural Code,Section 1,Chapter 9,Article 5 Miscellaneous
31683. Nothing in this chapter shall be construed to prevent a city or county from adopting or
enforcing its own program for the control of potentially dangerous or vicious dogs that may
incorporate all, part,or none of this chapter,or that may punish a violation of this chapter as a
misdemeanor or may impose a more restrictive program to control potentially dangerous or
vicious dogs, provided that no program shall regulate these dogs in a manner that is specific as to
breed.
Colorado
18-9-204.5. Unlawful ownership of dangerous dogs.
(5) (a) Nothing in this section shall be construed to prohibit a municipality from adopting any rule
or law for the control of dangerous dogs;except that any such rule or law shall not regulate
dangerous dogs in a manner that is specific to breed.
Florida
Chapter 767-Damage By Dogs
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•
767.14.Additional local restrictions authorized. -- Nothing in this act shall limit any local
government from placing further restrictions or additional requirements on owners of dangerous
dogs or developing procedures and criteria for the implementation of this act, provided that no
such regulation is specific to breed and that the provisions of this act are not lessened by such
additional regulations or requirements.
Illinois
Public Act 093-0548
Sec. 24. Nothing in this Act shall be held to limit in any manner the power of any municipality or
other subdivision to prohibit animals from running at large, nor shall anything in this Act be
construed to, in any manner, limit the power of any municipality or other political subdivision to
further control and regulate dogs,cats or other animals in such municipality or other political
subdivision provided that no regulation or ordinance is specific to breed. Click here for full text.
Maine
Title 7:AGRICULTURE AND ANIMALS;Part 9:ANIMAL WELFARE;Chapter 725: MUNICIPAL DUTES
(HEADING:PL 1987, c.383 @3(new))
§3950. Local regulations. Each municipality is empowered to adopt or retain more stringent
ordinances, laws or regulations dealing with the subject matter of this chapter, except that
municipalities may not adopt breed-specific ordinances, laws or regulations. Click here for full
text.
Minnesota
347.51 Dangerous dogs; registration.Subd. 8. Local ordinances.A statutory or home rule charter
city, or a county, may not adopt an ordinance regulating dangerous or potentially dangerous dogs
based solely on the specific breed of the dog.Ordinances inconsistent with this subdivision are
void.
New Jersey
4:19-36.Act to supersede inconsistent local laws
The provisions of this act shall supersede any law,ordinance, or regulation concerning vicious or
potentially dangerous dogs, any specific breed of dog, or any other type of dog inconsistent with
this act enacted by any municipality, county, or county or local board of health.
New York
Article 7,Section 107
5. Nothing contained in this article shall prevent a municipality from adopting its own program for
the control of dangerous dogs; provided, however,that no such program shall be less stringent
than this article, and no such program shall regulate such dogs in a manner that is specific as to
breed. Notwithstanding the provisions of subdivision one of this section,this subdivision and
section one hundred twenty-one of this article shall apply to all municipalities including cities of
4
two million or more.
Oklahoma
Title 4-ANIMALS
§4-46. B. Potentially dangerous or dangerous dogs may be regulated through local, municipal and
county authorities, provided the regulations are not breed specific.
Pennsylvania
AGRICULTURE(Title 3)-THE DOG LAW-ARTICLE V-A. DANGEROUS DOGS
§459-507-A. Construction of article. (c)Local ordinances.-Those provisions of local ordinances
relating to dangerous dogs are hereby abrogated.A local ordinance otherwise dealing with dogs
may not prohibit or otherwise limit a specific breed of dog.
Texas
HEALTH &SAFETY CODE-CHAPTER 822. REGULATION OF ANIMALS-SUBCHAPTER A. DOGS
THAT ARE A DANGER TO PERSONS
§822.047[0]. LOCAL REGULATION OF DANGEROUS DOGS.A county or municipality may place
additional requirements or restrictions on dangers dogs if the requirements or restrictions: (1)are
not specific to one breed or several breeds of dogs; and (2)are more stringent than restrictions
provided by this subchapter.
Virginia
Code of Virginia >3.1-796.93:1
C. 2. No canine or canine crossbreed shall be found to be a dangerous dog or vicious dog solely
because it is a particular breed, nor shall the local governing body prohibit the ownership of a
particular breed of canine or canine crossbreed.
Washington
16.08.100
(3)The owner of any dog that aggressively attacks and causes severe injury or death of any
human, whether or not the dog has previously been declared potentially dangerous or dangerous,
shall, upon conviction, be guilty of a class C felony punishable in accordance with RCW 9A.20.021.
It is an affirmative defense that the defendant must prove by a preponderance of the evidence
that the human severely injured or killed by the defendant's dog: (a)Trespassed on the
defendant's real or personal property which was enclosed by fencing suitable to prevent the entry
of young children and designed to prevent the dog from escaping and marked with clearly visible
signs warning people, including children, not to trespass and to beware of dog; or(b) provoked
the defendant's dog without justification or excuse on the defendant's real or personal property
which was enclosed by fencing suitable to prevent the entry of young children and designed to
prevent the dog from escaping and marked with clearly visible signs warning people, including
children, not to trespass and to beware of dog. In such a prosecution, the state has the burden of
5
showing that the owner of the dog either knew or should have known that the dog was potentially
dangerous as defined in this chapter.The state may not meet its burden of proof that the owner
should have known the dog was potentially dangerous solely by showing the dog to be a particular
breed or breeds. In addition, the dog shall be immediately confiscated by an animal control
authority, quarantined, and upon conviction of the owner destroyed in an expeditious and
humane manner.
Alternatives to BSL
Being an opponent of breed-specific legislation does not mean that dangerous dogs and irresponsible owners should not
be held accountable.This basic protection should be afforded to the public from any and all dangerous dogs regardless
of breed. Most people want to live in a community where citizens and their animal companions are protected from all
forms of dog aggression whether the dog is an American Pit Bull Terrier, German Shepard, Great Dane, Labrador or a
Chihuahua. Dog control problems are people problems and are never limited to a specific breed or mix of breeds. What
many communities are finding is that banning specific breeds has no impact on the overall rate of dog bites in a
community. Many advocates and legislators now support animal control ordinances that are behavior-based not breed
specific. Breed specific regulations can be replaced with behavior-based regulations and sanctions if communities wish
to effectively control the potential for canine aggression and encourage owner responsibility.
The following example is an excerpt from the Michigan dog-bite statute, M.C.L. §287.351.The statute provides, in
pertinent part: If a dog bites a person,without provocation while the person is on public property, or lawfully on private
property, including the property of the owner of the dog,the owner of the dog shall be liable for any damages suffered
by the person bitten, regardless of the former viciousness of the dog or the owner's knowledge of such viciousness. This
Michigan dog-bite statute is an example of a law which targets the undesired behavior(biting), regardless of the breed
of dog doing the biting. It creates a nearly"absolute liability,"since no knowledge of vicious tendencies is required on
the part of the dog's owner. As a conduct-driven statute,the law focuses on the undesired behavior of the dog in order
to curb it, rather than arbitrarily designating a particular breed as"vicious"and, by implication, recognizing
other breeds as incapable of serious aggression.
The NAIA publication, "A Guide to Constructing Successful, Pet Friendly ordinances." is highly recommended reading for
city officials. This guide provides alternatives and suggestions for your consideration and has some excellent points that
would help lay the groundwork for an ordinance that will address the problems in the city.
Expert Opinions
We trust that you will also take into consideration the positions of many well known, highly respected organizations
such as the ASPCA,American Kennel Club,American Veterinary Medical Association,The National Animal Control
Association and the National Canine Research Council that advocate for legislation that does NOT target any specific
breed.
In 2012,The American Bar Association passed a resolution that"urges all state,territorial,and local legislative bodies
and governmental agencies to adopt comprehensive breed-neutral dangerous dog/reckless owner laws that ensure due
process protections for owners, encourage responsible pet ownership and focus on the behavior of both dog owners
and dogs, and to repeal any breed discriminatory or breed specific provisions."
Thank you for your time and attention. Please support breed-neutral legislation to ensure your community is protected
from all dangerous dogs.
Sincerely,
6
Eric Wullner
The Well Mannered Pit Bull
Cedar Rapids, Iowa
In memory of Jewel who
passed January 31,2014.
On her last day she fell
into a coma. She couldn't
talk,she couldn't walk.
Yet when I touched her
and said her name her
tail wagged like always! I
will miss you!
7