Loading...
HomeMy WebLinkAbout3601-11/21/1988 ORDINANCE NO. 3601 AN ORDINANCE AMENDING THE 1988 CODE OF ORDINANCES OF THE CITY OF WATERLOO, IOWA, BY ADDING ARTICLE II , DANGEROUS ANIMALS AND DOGS, TO CHAPTER 7, ANIMALS AND FOWL. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, as follows: That Article II , Dangerous Animals and Dogs, is hereby added to Chapter 7 , Animals and Fowl, of the 1988 Code of Ordinances of the City of Waterloo, Iowa, as follows: ARTICLE II . DANGEROUS ANIMALS AND DOGS. Sec. 7-14 . Definitions. (a) Dangerous Animal means ( 1 ) 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; or ( 2) Any animal declared to be dangerous by the City Council or the Animal Control Officer; or ( 3 ) The following animals shall be deemed dangerous animals, but not limited to: lions, tigers, jaguars, leopards, cougars, lynx, ocelots and bobcats; black bears, polar bears, and grizzly bears; crocodiles and alligators; all venomous and constricting snakes; wolves and foxes; badgers, wolverines and weasels. A ferret shall not be deemed a dangerous animal. (b) Dangerous Dog means ( 1) Any dog with a known propensity, tendency, or disposition to attack unprovoked, to cause injury to, or to otherwise endanger the safety of humans or other domestic animals; or ( 2) Any dog which attacks a human being or other domestic without provocation; or ( 3 ) Any dog declared to be dangerous by the City Council or an Animal Control Officer. (c) Guard Dog shall mean 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. Sec. 7-15 . Keeping of Dangerous Animals Prohibited. (a) No person shall keep, shelter, or harbor as a pet, guard, or for other purpose, within the city, a dangerous animal as defined herein, except as provided in 7-15 (b) . (b) The prohibition contained in 7-15(a) shall not apply to the keeping of dangerous animals in the following circumstances: BOOK (- O AGE 307 4 Ordinance No. 3601 Page 2 ( 1) The keeping of bulls or any of the family Bovidae for farm purposes in a U-1 Unclassified District; ( 2) The keeping of dangerous animals in a bona fide, licensed veterinary hospital for treatment; (3 ) Any dangerous animals under the jurisdiction of and in the possession of the Iowa Conservation Commission, pursuant to Chapters 109 and 109A of the Iowa Code. (4 ) The keeping of dangerous animals at the Black Hawk Humane Society, Inc. Sec. 7-16 . Regulation of Keeping of Dangerous Animals. (a) Every person, firm, or corporation owning, keeping, sheltering or harboring a dangerous animal pursuant to 7-15(b) shall report such fact, in writing, to the Animal Control Department 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 said premises wherein the animal or animals are kept. ( 5) In the case of poisonous dangerous animals, the location of the nearest source of anti-venom for that species. (b) Every person, firm, or corporation keeping, sheltering, or harboring a dangerous animal shall at all times keep such animal securely confined within a cage or enclosure. (c) Every person, firm, or corporation owning, keeping, or harboring a poisonous dangerous animal shall be required to keep ten doses of anti-venom on hand and current at all times. (d) No person, firm or corporation 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) It shall be the owner ' s responsibility to notify the Animal Control Department immediately in the event that a dangerous animal has escaped and is at large. (f) 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, 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 of Waterloo 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 of such animal prior to its destruction. BOOK 283 PAGE 308 Ordinance No. 3601 Page 3 (g) Order to Remove. In the event the Animal Control Officer determines that a dangerous animal is being kept, sheltered, or harbored by any individual or entity in violation of the provisions of this chapter, the Animal Control Officer may in his/her discretion have such individual or entity prosecuted for such violation, and/or he/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 dangerous animal, which notice shall be given in writing, directed to such individual or entity, and delivered personally or by certified mail. Such order of the animal Control Officer shall be appealable to the City Council, which may affirm or reverse such order, and the notice shall so state. (h) Appeal. Any individual or entity desiring to appeal an order issued by the Animal Control Officer pursuant to 7-16(g) , to the City Council, may do so by filing a written appeal seven days after receipt of the notice to remove dangerous animal. The notice of appeal shall state the grounds for such appeal and shall be delivered personally or by certified mail to the City Clerk. The hearing of such appeal shall be scheduled within thirty days of the receipt of notice of appeal. After such hearing, the City Council may affirm or reverse the order of the Animal Control Officer. Such determination shall be contained in a written decision and shall be filed with the City Clerk within twenty days after the hearing, or any continued session thereof. ( i) If the City Council affirms the action of the Animal Control Officer, the City Council shall also order in its written decision that the individual or entity owning, sheltering, harboring, or keeping such dangerous animal, remove such animal from the city or destroy it. The decision and order shall immediately be served upon the person or entity against whom rendered in the same manner as the notice of removal. If the order is not complied with in seven days of its issuance, the Animal Control Officer is authorized to seize and impound such dangerous animal. An animal so seized shall be impounded for a period of seven days. If at the end of the impoundment period, the individual or entity against whom the decision and order of the City Council was issued has not petitioned the Black Hawk County District Court for a review of the order, the Animal Control Officer shall cause the animal to be disposed of by sale or destroyed in a humane manner. Failure to comply with an order of the City Council issued pursuant thereto shall constitute a misdemeanor, and be punishable by a fine of not less than twenty dollars ( $20. 00) , or constitute a municipal infraction violation. ( j ) Every order of the City Council issued pursuant to the provisions of this section shall set forth the language of subsection 7-16 (h) hereof. Sec. 7-17. Keeping of Dangerous Dogs Prohibited. (a) The provisions of this section shall apply to adult dogs only, which shall mean any dog over the age of six ( 6 ) months. (b) No person shall keep, shelter or harbor as a pet, within the city, a dangerous dog as defined in Section 7-14(b) . (c) A dangerous dog is "at large" if such dangerous dog is not securely confined indoors or confined in a securely enclosed and locked pen or structure upon the premises of the owner of such dog. Such dog may only be kept as set out above if the owner is awaiting an appeal or a decision of the City Council to determine if the dog is a dangerous dog under the terms of this ordinance. BO K 4.01J PAGE 3U9 • Ordinance No. 3601 Page 4 (d) In the event that a dangerous 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, thereby creating a hazard to life or property, such dangerous dog, may, in the discretion of the Animal Control Officer, be destroyed if it cannot be confined or captured. The City of Waterloo shall be under no duty to attempt the confinement or capture of a dangerous dog found at large, nor shall it have a duty to notify the owner of such dangerous dog prior to its destruction. (e) Order to Remove. In the event the Animal Control Officer determines that a dangerous dog is being kept, sheltered, or harbored by any individual or entity in violation of the provisions of this chapter, the Animal Control Officer may in his/her discretion have such individual or entity prosecuted for such violation, and he or she may order such individual or entity to remove such dangerous dog from the city or destroy it. Such order shall be contained in a notice to remove dangerous dog, which notice shall be given in writing, directed to such individual or entity, and delivered personally or by certified mail. Such order of the Animal Control Officer shall be appealable to the City Council, which may affirm or reverse such order, and the notice shall so state. (f) Appeal. Any individual or entity desiring to appeal an order issued by the Animal Control Officer to the City Council, may do so by filing a written appeal seven days after receipt of the notice to remove the dangerous dog. The notice of appeal shall state the grounds for such appeal and shall be delivered personally or by certified mail to the City Clerk. The hearing of such appeal shall be scheduled within thirty days of the receipt of notice of appeal. After such hearing, the City Council may affirm or reverse the order of the Animal Control Officer. Such determination shall be contained in a written decision and shall be filed with the City Clerk within twenty days after the hearing, or any continued session thereof. (g) If the City Council affirms the action of the Animal Control Officer, the City Council shall also order in its written decision that the individual or entity owning, sheltering, harboring, or keeping such dangerous animal, remove such animal from the city or destroy it. The decision and order shall immediately be served upon the person or entity against whom rendered in the same manner as the notice of removal. If the order is not complied with in seven days of its issuance, the Animal Control Officer is authorized to seize and impound such dangerous animal. An animal so seized shall be impounded for a period of seven days. If at the end of the impoundment period, the individual or entity against whom the decision and order of the City Council was issued has not petitioned the Black Hawk County District Court for a review of the order, the Animal Control Officer shall cause the animal to be disposed of by sale or destroyed in a humane manner. Failure to comply with an order of the City Council issued pursuant thereto shall constitute a misdemeanor, and be punishable by a fine of not less than twenty dollars ( $20. 00) , or constitute a municipal infraction violation. (h) During the appeal process, if the owner does not have a securely enclosed and locked pen, the owner shall confine the dangerous dog within the owner' s residence, at the Black Hawk Humane Society, Inc. , at a veterinarian or at a kennel. This confinement shall be at the owner' s expense. • 84©K 2 3 PAGE 310 Ordinance No. 3601 Page 5 Sec. 7-18 . Exceptions : Guard Dogs. The prohibition contained in this article shall not apply to keeping of guard dogs . However, 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 animal 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 of such premises shall inform the Animal Control Department and the Police Department, in writing, that a guard dog is on duty at the premises . It shall be the owner ' s responsibility to notify the Animal Control Department immediately when a guard dog has escaped and is running at large. INTRODUCED: November 21 , 1988 PASSED 1ST CONSIDERATION: November 21 , 1988 PASSED 2ND CONSIDERATION: November 21 , 1988 PASSED 3RD CONSIDERATION: November 21 , 1988 Passed and adopted by the City Council of the City of Waterloo, Iowa, on the 21st day of November, 1988 , and approved by the Mayor on the 23rd day of November, 1988 . zi € ,. ` j Bernard L. Mey, Mayor ATTEST: /`� r� fir, 7 Larr P. Bla `ger, City ' erk/Auditor ! ` ' CERTIFICATE I , Larry P. Burger, City Clerk of the City of Waterloo, Iowa, do hereby certify that attached hereto is a true and complete copy of Ordinance No. 3601 , as passed and adopted by the Council of the City of Waterloo, Iowa, on the 21st day of November, 1988 . Witness ,my hand and seal of office this 23rd day of November, 1988 . ' 7,45, ii7- ' Larry P. urger, C. Ci4rk%Auditor INDEXED (Y - t M.r,` COMPARED , LAC HAW; MI, Ma PAGED/ rued for kV //•`SS A M, and recorded in 0 at eu en ND 36') "' 0 C.7 Recorder Deputy kvi 1' 64 it/ w46W-e [WOK 283 PAGE cy11 • ::STATE"OF IOWA, Legal I do solemnly swear that the annexed copy of Black Hawk County, 5S Ordinance No . 3601 • dangerous animal, which notice notice was published In the lUntCrloQ Ol1r1C! a daily newspaper printed in Waterloo, shell be given in writing,directed to such Individual or entity, and _ geey{IV@- delivered personally or by Black Hawk County, Iowa once a- certified mall.Such order of the animal Control Officer shall be appealable to the City Council, {�- in the issue/of which may affirm or reverse such commencing on the day-of order, and the notice shall so state. e�o (h)Appeal.Any individual or en- tityDecember desiring to appeal an order Issued by the Animal Control Of- ficer pursuant to 7-V6(g), to the City Council,may do soby filing a written appeal seven days after of said newspaper, and that the annexed rate of receipt of the notice to remove dangerous animal.The notice of advertising is the regular legal rate of said newspaper,and that the following is a correct bill for appeal shall state the grounds for such appeal and shall be delivered publishing said notice. ( ( � •S. personally or by certified mail to Printer's Bill $ the City-Clerk. The hearing of such appeal shall be scheduled wnotice thirtypdays After etr such ipt - Xet.4.epe- GJ' ..-e-i..4i.s-t--' notice of appeal.After such hear- ing,the City Council,m4y affirm or reverse the order of the Animal Signed I Control Officer.Such determine- 2' Lion shall be contained In a writtenI decision and shall be filed with the Subscribed and sworn to before me this ` -J day of �" City Clerk within twenty days y after the hearing, or any con- tinued session thereof. ( / d+y A..D.., 19 (I)c if the City CAnimal Co affirms the Of- ficer, n A /^,, PA. £ - flcer,ac hf tCI ACounl l h l ot k.order the City Council shall also in its written decision that the individual or entity owning, Notary Public sheltering,harboring,or keeping such dangerous animal,remove such animal from the 'city or Received of -- destroy it.The decision and order shall immediately be served upon the person or entity against whom Dollars rendered In the same manner as the sum of the notice of removal,It the order is not compiled with in seven days in full for publication of the above notice. of Its issuance,the Anim4lControi Officer Is authorized to seize and impound such dangeroUs'animal. An animal so seized Shish'be im- -- pounded for a Period f seven days.If at the end of the pound- -— ment period,the.ingividua or en- tity against whom'the decision