HomeMy WebLinkAbout01.21.2008• •
ORDINANCE COMMITTEE
April 21, 2008
5:00 p.m.
Council Chambers
Members present: Mayor Pro Tem Reggie Schmitt, Cole, Getty, Hart, Greenwood, Steve
Schmitt, Welper.
Moved by Welper, seconded by Cole that the Agenda, as proposed, be approved. Ayes: Seven.
Motion carried.
Mayor Pro Tem Reggie Schmitt reviewed proposed changes to Section 5-1B-4, Dangerous Dogs
Prohibited of the Waterloo Code of Ordinances. The following language will be added to
subsection E, Notice of Violation; Confinement: In the event the owner fails to take all steps
necessary to timely perfect an appeal or fails within the period for appeal to satisfy the
requirements for removal set forth in subsection G, paragraph (2), the dog shall be destroyed in a
humane manner and the costs associated with boarding and destruction of the dog shall be
assessed against the owner. A new Subsection I, Dog Found Dangerous by Another Jurisdiction,
will be added as follows: A dog found within the city limits which has previously been
determined to be dangerous by any other city, county or state whose laws or regulations are
substantially similar to those of this chapter shall automatically be deemed to be a dangerous
dog, and the person or entity keeping, sheltering, or harboring it shall be issued a notice of
violation pursuant to subsection E. A dog which is deemed by animal control to be dangerous
pursuant to this subsection shall be taken into custody, pending further proceedings pursuant to
subsection E.
Mayor Pro Tem Reggie Schmitt reviewed amendments to Section 5-1 B-7, Registration of
Potentially Dangerous Dogs. Subsection B, Registration Requirement and Penalty for Failure to
Register, includes new language requiring that within seven days following the date that Animal
Control notifies the owner or possessor that the dog is potentially dangerous, the owner or
possessor of the dog must obtain the registration certificate or file an appeal. If they fail to file
an appeal within the required seven day period, they will be subject to an administrative penalty
of $50.00 and/or a municipal infraction violation. In addition, the registration fee will be
increased to $100.00 and Animal Control will impound the animal. The owner of possessor may
register the dog within seven days following impoundment and obtain release of the dog if the
required registration fee, administrative penalty and all costs associated with boarding are paid.
If the owner or possessor does not complete the registration process or file an appeal within
seven days after impoundment, the dog shall be destroyed in a humane manner and all costs
associated with boarding and destruction of the dog shall be assessed against the owner or
possessor. Mayor Pro Tem Reggie Schmitt reviewed the following new subsection M, Dog
Found Dangerous By Another Jurisdiction: A dog previously found to be dangerous by any
other city, country or state whose laws or regulations on dangerous dogs are substantially similar
to those of this chapter shall automatically and without notice be deemed to be a potentially
dangerous dog if brought within the city limits to reside for more than 72 hours. The dog must
be registered no later than the third day after bringing the dog within the city limits. Failure to
register a dog within the required time period will subject the owner to the penalties of
subsection B. Mayor Pro Tem Reggie Schmitt reviewed the following new subsection N, Appeal
Procedures: A notice of appeal shall state the grounds for the appeal and be delivered to the city
clerk and pay a $50 filing fee to the city clerk for the appeal to be considered filed. This
subsection also sets out the appeal process.
Mayor Pro Tem Reggie Schmitt reviewed the following new subsection C, of Section 7-5B-7,
Notice to Property Owners: An administrative fee of $100.00 shall be charged to the property
owner who is issued more than one notice for the same street address in the same calendar year.
Section 7-5B-6, Payment, Assessment of Costs, Appeal, was reviewed. Subsection B creates an
administrative fee of $100 for the property owner in addition to the actual cost of abatement. For
each and every subsequent abatement for the same address in the same calendar year, the
administrative fee will be $300.00. Subsection C, Appeal, sets out the appeal process through
the city clerk and creates an administrative fee of $50.00 to file an appeal.
Ordinance Committee
April 21, 2008
Page 2
Mayor Pro Tem Reggie Schmitt reviewed the new Section 5-1-2, Swine Prohibited; Exceptions,
which allows the keeping of up to two potbellied pigs by individuals or families as pets in their
residences. This section also gives a definition for a potbellied pig.
Councilperson Cole noted her objection to allowing potbellied pigs within the city limits and
commented about the smell and size. Councilperson Cole noted that older neighborhoods do not
have deed restrictions as the more affluent neighborhoods. Councilperson Cole stated she was
appalled that this ordinance was before council, especially at a time when we are trying to clean
up the city.
Councilperson Greenwood noted that he was approached by some people about the potbellied
pigs, and that is why he brought the ordinance before the council. Councilperson Greenwood
stated that Dr. Reilley will be at tonight's council meeting.
With no further business before the council, it was moved by Getty, seconded by Steve Schmitt
that the meeting be adjourned at 5:25 p.m. Ayes: Seven. Motion carried.
Nancy Eckert
City Clerk
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