HomeMy WebLinkAbout01/21/2014 Council Work Session
January 21, 2014
Time as indicated below
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: January 21, 2014
Prepared: January 15, 2014
Department Head Signature:
# 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:
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.
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.
[other subsections of 5-1-1 are unchanged]
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 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 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.
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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:
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 of appeal 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
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
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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:
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 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.
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.
[strike the definitions of"AT LARGE" and "OWNER", which have been moved to new section 5-1-14 so
that they apply to the entire chapter]
[other definitions unchanged]
5-1A-2: LICENSES REQUIRED:
D. License Fees:
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c' 5 o-
1. The annual license fee shall be ten dollars ($40.00) 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. After March 31 of each year, annual license fees shall double.
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.
[other subsections of 5-1A-2 are unchanged]
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.
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.
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E. Puppies: 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
with a litter that at any time exceeds two (2) puppies, unless the person can produce proof that the
puppies are registered with the American Kennel Club. 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 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, 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.
C. Spay/Neuter: An owner or caretaker of a dog apprehended after being found at large must have the
animal spayed or neutered within thirty (30) days after redemption and provide documentary proof of
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same to animal control within ten (10) days after 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.
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.
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:
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:
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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.
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, or to otherwise endanger the
safety of humans or other domestic animals.
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.
C. Any dog found at large more than twice, or any dog found at large if the owner or caretaker thereof
has been cited by animal control for any reason three (3) or more times within any twelve (12) month
period.
REGULATED DOG: Any dog that is a potentially dangerous dog, dangerous dog, or vicious dog as
defined by this article.
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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.
5-1B-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.
2. Under the jurisdiction of and in the possession of the natural resources commission, pursuant to
Iowa Code chapters 481A and 481 B.
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.
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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 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 city shall 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.
5-1B-4: PROHIBITIONS ON POSSESSION OF ANIMALS:
A. Persons Convicted Under State Law On Animal Contest Events: Any person who has been
convicted of an offense under Iowa Code 717D.2 shall be prohibited from owning, keeping,
sheltering, or harboring within the city limits any animal of the same type (e.g., dog, 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 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.
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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.
5-1B-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 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 5-1 B-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.
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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 forth in section 5-1-1(E), and with destruction of the dog
shall be charged against the owner or caretaker.
5-1B-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. 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.
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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 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.
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:
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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 potentially
dangerous dog, the dog and its owner or caretaker must complete an approved course of obedience
training and provide proof of completion to animal control.
L. 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 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.
M. 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 5-1 B-5 of this article.
N. 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:
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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.
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.
5-1B-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 B-4, 5-1 B-5 or 5-1 B-10 shall be guilty of a municipal
infraction.
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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 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.
5-1B-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:
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 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.
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