HomeMy WebLinkAbout5204-3 /10/2014Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo,
715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323.
ORDINANCE NO. 5204
AN ORDINANCE AMENDING THE 2007 CODE OF
ORDINANCES OF THE CITY OF WATERLOO, BY
REPEALING CHAPTER 1, ANIMAL CONTROL, OF
TITLE 5, POLICE REGULATIONS; AND ENACTING IN
LIEU THEREOF A NEW CHAPTER 1, ANIMAL
CONTROL, OF TITLE 5, POLICE REGULATIONS, OF
THE 2007 CODE OF ORDINANCES OF THE CITY OF
WATERLOO.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WATERLOO,
IOWA, as follows:
That Chapter 1, Animal Control, of Title 5, Police
Regulations, of the 2007 Code of Ordinances of the City of
Waterloo is hereby repealed in its entirety; and that a new
Chapter 1, Animal Control, of Title 5, Police Regulations, of
the 2007 Code of Ordinances of the City of Waterloo is hereby
enacted in lieu thereof as follows:
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.
Ordinance No. 5204
Page 2
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.
Ordinance No. 5204
Page 3
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.
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
Ordinance No. 5204
Page 4
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 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
Ordinance No. 5204
Page 5
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 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.
Ordinance No. 5204
Page 6
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,
Ordinance No. 5204
Page 7
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:
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.
Ordinance No. 5204
Page 8
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) days after the
date of the notice, or if the owner is not known and animal
control is not contacted by an owner or caretaker within
three (3) days after impoundment, 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.
Ordinance No. 5204
Page 9
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 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.
Ordinance No. 5204
Page 10
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 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.
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:
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
Ordinance No. 5204
Page 11
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
Ordinance No. 5204
Page 12
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 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 five 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, if paid by March
31 or within ninety (90) days after the date on which
any dog 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.
Ordinance No. 5204
Page 13
H. Delinquent Licenses: All license
become delinquent on April 1 in the
due and payable, and a penalty shall
license on or after said date in
annual license fee as hereinbefore
of this section.
fees for dogs or cats
year in which they are
be added to each unpaid
the like amount of the
set out in subsection D
5-1A-3: EXCEPTIONS TO LICENSE REQUIREMENTS:
The foregoing requirements for licenses for
not apply to dogs or cats that are under
owners or handlers while in transit or to
nonresidents of the city if they are in the
thirty (30) days or which are assigned to a
or like facility. The license fee shall be
or cats if the owner of said dogs or cats
license for said dogs or cats.
5-1A-4: RABIES VACCINATION REQUIRED:
dogs or cats shall
the control of the
be exhibited or to
state for less than
research institution
waived for all dogs
has a valid state
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
Ordinance No. 5204
Page 14
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 5-1B-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.
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
Ordinance No. 5204
Page 15
as an authorized participant in a city -sponsored program to
trap, neuter and release such cats.
E. Litters: 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 its litter that at
any time exceeds two (2) offspring, 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). Animal control may seize the entire
litter 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
Ordinance No. 5204
Page 16
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. If a registration number has not previously been
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 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 person shall remove or alter such identification
once it is affixed.
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 animal, then animal
control may seize it and, in appropriate circumstances as
determined by animal control, the animal 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.
Ordinance No. 5204
Page 17
EQTTrT.F R
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:
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
Ordinance No. 5204
Page 18
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: Any dog with a tendency or
disposition to bite or attack unprovoked, to otherwise endanger
the safety of humans or other domestic animals, or that chases
or approaches a person or other domestic animal without
Ordinance No. 5204
Page 19
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.
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.
5-1B-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 5-1B-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 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.
Ordinance No. 5204
Page 20
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 -1B -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 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,
Ordinance No. 5204
Page 21
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 5-1B-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, or has pled guilty, no
contest, or the equivalent to, 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 5-1B-5 or 5-1B-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 5-1B-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
Ordinance No. 5204
Page 22
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.
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 5-1B-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 5-1B-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
Ordinance No. 5204
Page 23
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 5-1B-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 5-1B-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
Ordinance No. 5204
Page 24
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.
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 5-1B-7 shall apply to the
registration of guard dogs.
5-18-7: 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 0.
Ordinance No. 5204
Page 25
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.
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
Ordinance No. 5204
Page 26
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 5-1B-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:
Ordinance No. 5204
Page 27
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.
4. An owner or caretaker of a regulated dog must notify
animal control of any change of address within fourteen
(14) days after the change.
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. 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.
L. 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 5-1B-5 of this article. If a dog has been
Ordinance No. 5204
Page 28
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.
M. 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-lB-
12.
5-1B-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.
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,
Ordinance No. 5204
Page 29
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 5-1B-4, 5-1B-5 or 5-1B-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
Ordinance No. 5204
Page 30
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
5-1B-4, 5-1B-5 or 5-1B-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-lB-12: ENFORCEMENT:
A. Failure To Comply:
1. Except as set forth in section 5-lB-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.
Ordinance No. 5204
Page 31
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 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.
INTRODUCED: February 24, 2014
PASSED lst CONSIDERATION: February 24, 2014
PASSED 2nd CONSIDERATION: March 3, 2014
PASSED 3rd CONSIDERATION: March 10, 2014
PASSED AND ADOPTED this 10th day of March, 2014.
ATTEST:
f �Ict'z�
Suzy Sch tres, CMC
City Clerk
E•nest G. Clark, Mayor
CERTIFICATE
I, Suzy Schares, City Clerk of the City of Waterloo, Iowa,
do hereby certify that the preceding is a true and complete copy
of Ordinance No. 5204 as passed and adopted by the City Council
of the City of Waterloo, Iowa, on the 10th day of March, 2014.
Witness my hand and seal of office this 10th day of March,
2014.
SEAL Suzy Sch res, CMC
City Clerk