HomeMy WebLinkAboutCouncil Packet - 1/3/2023COUNCIL WORK SESSION
January 3, 2023
Time indicated below
Harold E. Getty Council Chambers
RULES FOR WORK SESSION PUBLIC COMMENT
Iowa Code Chapter 21 gives the public the right to attend council meetings, but it
does not require cities to allow public participation except during public hearings. The
city council shall not receive any public comment during a work session.
Roll Call
Agenda, as proposed or amended
Approval of Minutes
Minutes of the December 19, 2022, Work Session, as proposed.
4:15 p.m. Discussion of amendments to fireworks ordinance.
Submitted By: Martin Petersen, City Attorney
Approx. Discussion of an ordinance amending pet license fees.
4:30 p.m.
Submitted By: Randy Bennett, Public Works Division Manager
ADJOURNMENT
Kelley Felchle
City Clerk
CITY OF WATERLOO
Council Communication
Minutes of the December 19, 2022, Work Session, as proposed.
City Council Meeting: 1/3/2023
Prepared:
REVIEWERS:
Department Reviewer Action
Clerk Office Higby, Nancy Approved
ATTACHMENTS:
Description Type
❑ 12/19/2022 - Work Session Minutes Backup Material
Date
12/28/2022 - 3:04 PM
COUNCIL WORK SESSION
December 19, 2022
3:30 p.m.
Harold E. Getty Council Chambers
Members present: Boesen, Nichols, Amos, Chiles, Grieder, Wilder, and Feuss.
101069 - Grieder/Chiles
that the Agenda, as proposed, be approved. Voice -vote Ayes: Seven. Motion carried.
101070 - Grieder/Chiles
that the Minutes, as proposed, for the Work Session on Monday, December 5, 2022, be
accepted and approved. Voice vote -Ayes: Seven. Motion carried.
Objective: Re -adoption of the City Limits Urban Revitalization Area (CLURA).
Noel Anderson, Community Planning and Development Director, provided an overview of the
CLURA and CURA programs and their performance since adopting them in 2011. He shared
that they will be seeking input from council on whether they wish to include multifamily housing
in the program. The Planning Commission did not recommend including multifamily housing.
He added that having an option of the 10-year tax abatement would help qualify more families
for home loans.
Mr. Boesen questioned the difference in the abatement programs.
Noel Anderson provided an explanation.
Mr. Boesen questioned how often the county revalues homes.
Noel Anderson shared that the county reassesses home values in two to three years.
Mr. Boesen questioned if the city could structure the ten-year program so that there would be
less shock when the first tax bill comes due.
Noel Anderson explained that the program could not be restructured and must stay just as the
state code has it.
Mr. Amos questioned if there are more opportunities for people to become homeowners with the
ten-year option.
Noel Anderson confirmed.
Mr. Feuss questioned how to get people to understand that if they do the ten-year option they
would be better off financially.
Noel Anderson shared that they have a fact sheet that they hand out to people to help them make
a decision. In addition, it depends on how long people plan to stay in their home as well.
Mr. Grieder commented that he is excited to see that the childcare piece will be included in the
policy. He shared that he is in favor of including multifamily housing in the program as well.
Mr. Boesen commented that he is not in favor of including multifamily in the program. He
explained that the incentives to build these projects come through the CIP program and
questioned how the city will build its tax base when it is simultaneously abating taxes on the
project.
Noel Anderson added that something to keep in mind is that these projects generate revenue for
the city in other ways, such as utility bills.
Page 2
Mayor Hart commented that the problem is a bit of a catch 22. Where the city needs to be
aggressive with building up existing housing but at the same time needs to have new housing as
well. He said that competing for quality housing is very important.
Objective: An ordinance adopting the new city seal and logo.
Kelley Felchle, City Clerk, provided an overview of the ordinance.
Mayor Hart commented on the adoption of the 2030 Vision Plan and thanked deNovo, Wendy
Bowman, other staff and the many citizens who participated through either a survey or focus
group to help bring something fresh, new and different for Waterloo. He thanked council for
their support of the 2030 Vision Plan.
Objective: Discussion of changes to the credit card policy.
Bridgett Wood, Finance Manager, provided an overview of the proposed updates to the credit
card policy. This change would have each of the department heads and elected officials approve
an individual within their department to be a cardholder, thus streamlining a depaianent' s ability
to make necessary purchases. All charges made on the card would be the responsibility of that
employee. She explained that they had recently performed a pilot program to see how this
change would work and not only has it improved the efficiency of the purchasing process for
individual departments, it has saved the finance staff a great deal of man hours.
Mayor Hart questioned how this creates efficiencies compared to the current process.
Bridgett Wood explained that currently there are generic cards that are checked out via finance
staff to various individuals throughout the city. This change would remove any question or
research time to determine who made a charge on a particular card.
Mayor Hart clarified that it strategically streamlines where the charges are coming from.
Mr. Nichols requested clarification of whom the cards would be issued to.
Bridgett Wood shared that the department head would approve an individual employee that the
card should be issued to.
Mr. Boesen commented that in the past, when he checked out a card, he had to bring his receipts
back, so there was checks and balances. However, if a card is issued to a particular department
and a specific individual, this should prevent other individuals within the department from using
the card.
Bridgett Wood added that this would also allow departments to request additional cards for the
different employees in the department
Mr. Amos questioned if the policy could restrict the usage of the card to only the issued
employee.
Bridgett Wood commented that they could make that statement in the policy.
Mayor Hart shared that there will still be some generic cards in the Finance Department in case
an issue arose.
Bridgett Wood confirmed.
Mayor Hart questioned if employees would still be required to be provide receipts.
Bridgett Wood confirmed.
Page 3
Mr. Boesen voiced his concern over incurred interest due to our two -meetings per month.
Kelley Felchle, City Clerk, commented that AP checks are still run weekly, so it is unlikely.
Objective: Discussion of personnel policies.
Kelley Felchle, City Clerk, provided background on why this work session is being held.
Lance Dunn, Human Resources Director, shared that he is looking for input from council on
what they would like to see in the personnel policy.
Mayor Hart commented that there was an ask to look at policy changes and questioned if council
has an idea on how they would like to address any concerns or changes.
Lance Dunn shared some ideas on how policy review and feedback could occur.
Mr. Feuss commented that he is in favor of having a review of the policy, maybe not yearly, but
that they will all be reviewed periodically and, as it occurs in the K-12 world, they have a policy
review committee take a look at the policies. He suggested have a committee review a couple of
times a year perhaps before negotiations or budget discussions.
Lance Dunn concurred.
Mr. Nichols commented that the state just settled on a matter with pharmacy benefits. He
questioned if the city has a process to review the pharmacy benefit to determine whether we are
being overcharged.
Lance Dunn shared that they recently changed Third Party Administrators to EMC Insurance,
which take care of looking at prescriptions.
Mr. Nichols questioned if EMC just works with work comp or all pharmacy benefits.
Lance Dunn shared that EMC works with workers compensation and Wellmark covers the rest
of our health benefits.
Objective: Update on the City of Waterloo 2030 Vision Plan.
Mayor Hart provided an update on initiatives that have taken place to support the 2030 Vision
Plan.
Council members discussed the work that has taken place to support the 2030 Vision Plan with
Mayor Hart.
101071 - Feuss/Boesen
that the meeting be adjourned at 4:48 p.m. Voice -vote Ayes: Seven. Motion carried.
Kelley Felchle
City Clerk
CITY OF WATERLOO
Council Communication
Discussion of amendments to fireworks ordinance.
City Council Meeting: 1/3/2023
Prepared: 12/22/2022
REVIEWERS:
Department Reviewer Action
Clerk Office Felchle, Kelley Approved
ATTACHMENTS:
Description Type
❑ Ordinance as proposed Backup Material
SUBJECT:
Submitted by:
Recommended Action:
Summary Statement/
Background Information:
Neighborhood Impact:
Data:
Community Engagement
Methods:
Analysis and Strategies:
Implementation, Accountability,
and Communication::
Expenditure Required/ Source
of Funds:
Alternative:
Date
12/22/2022 - 10:29 AM
Discussion of amendments to fireworks ordinance.
Submitted By: Martin Petersen, City Attorney
5-2-13: FIREWORKS:
A. Definition: The sale and use of fireworks is subject to the definitions enumerated in
Iowa Code sections 100.19 and 727.2, as amended, which definitions are incorporated
herein by this reference.
B. Prohibitions And Use:
1. It shall be unlawful for any person to use or explode any consumer fireworks within
the corporate limits of the City of Waterloo except on July 3, 4, and 5 of each year between
the hours of nine o'clock (9:00) A.M.twelve o'clock (12:00) noon and eleven o'clock (11:00)
P.M. on July 4 and between the hours of twelve o'clock (12:00) noon and ten o'clock
(10:00) P.M. on July 3 and July 5. Any additional days of allowed use may be designated by
resolution of council if adopted between the dates of January 1 and March 1 of each year to
apply the same calendar year. This section shall not apply to novelty fireworks as defined
by Iowa Code section 727.2.
2. The use of consumer fireworks that mimic display fireworks or rise to one hundred
fifty (150) decibels or to two hundred ten feet (210') elevation is banned from use at all
times within the corporate limits of the City of Waterloo unless the user has obtained a
permit as outlined in thc Code of Iowa. provided in subsection D below.
3. Consistent with the Code of Iowa, use of fireworks within the corporate limits of the
City of Waterloo, when such occurs on July 3, 4, and 5, shall only occur on the user's owned
personal real property, or on real property where the owner has given consent prior to use.
Use of fireworks, unless a permit has been obtained, is not allowed on city owned property,
public sidewalks, rights of way, streets, parks, or parking lots. Use is not allowed on
personal real property if that personal real property is not owncd by thc uscr of fircworks
unless thc owner has given conscnt prior to use.
4. It shall be prohibited to direct the use of consumer fireworks in any direction other
than onto the user's personal real property or the real property where the owner has given
prior consent.
5. All consumer firework debris shall be removed from the user's personal real
property or wherever such use has resulted in its debris being located.
C. Exception: This section shall not apply to Nothing in this section shall be construed to
prohibit the use of blank cartridges for a show or the theater, for signal purposes in athletic
sports or by railroads or trucks, for signal purposes, or by a recognized military
organization, or for use in military funerals. Provided further, this section does not apply to
any substance or composition prepared and sold for medicinal or fumigation purposes.
D. Permit: Subsection B of this section shall not apply to anyone who has applied in
writing and has received approval from the Council for the use of consumer fireworks or
display fireworks anywhere in the City on any date when the fireworks display will be
handled by a professional operator, as referenced in section 9-2C-4 of this code.
E. Sales: It shall be unlawful to sell fireworks in any location within thc corporate limits
of the City of Waterloo cxccpt in conformancc with thc City of Waterloo Zoning Ordinance
No. 5079, as amended. A seller of consumer fireworks must possess a license from the State
Fire Marshal. Any retailer or community group selling consumer fireworks must
prominently display, at the entrance and exit sites, signs informing customers that the use
of consumer fireworks is prohibited within the corporate limits of the City of Waterloo
except as authorized by this section. subsection 5 2 13B.
F. Violation: A violation of this section is a simple misdemeanor punishable by a fine of
not less than three hundred seventy five dollars ($375.00).
G. Enforcement:
1. This scction 5 2 13 shall bc enforced by any employee, who shall have authority to
document violations and issue citations for municipal infractions, and said employees shall
also respond to related nuisance calls.
2. Citations for violations of 5 2 13 shall be directed to the person observed/found to
have violated 5 2 13 or thc owncr of personal rc\al property on which thc cvidcncc exists of
violation of 5 2 13. Furthermore, whcrc cvidcncc of violation of the Noisc Control
Ordinance or Nuisance Property exists, such citations shall be written. Any person who
violates or resists thc enforcement of any of thc provisions of this scction shall bc guilty of
a Municipal infraction punishable by a civil penalty of a minimum thrcc hundred seventy
five dollar ($375.00) finc.
3. The vendors of fireworks shall be monitored during sales periods as to type of
consumer fireworks sold and to posting the mandated "Prohibitions on Use".
H. App 1: All persons receiving citations according to this scction 5 2 13 shall have
right of appeal to the City Council of Waterloo. (Ord. 5485, 2 18 2019; amd. Ord. 5568, 8
17 2020; Ord. 5598, 5 17 2021)
CITY OF WATERLOO
Council Communication
Discussion of an ordinance amending pet license fees.
City Council Meeting: 1/3/2023
Prepared: 12/22/2022
REVIEWERS:
Department Reviewer Action
Clerk Office Felchle, Kelley Approved
ATTACHMENTS:
Description Type
❑ Ordinance as proposed Backup Material
❑ Power P oint P resentation-Animal Control Backup Material
SUBJECT:
Submitted by:
Recommended Action:
Summary Statement/
Background Information:
Neighborhood Impact:
Data:
Community Engagement
Methods:
Analysis and Strategies:
Implementation, Accountability,
and Communication::
Expenditure Required/ Source
of Funds:
Alternative:
Date
12/22/2022 - 10:39 AM
Discussion of an ordinance amending pet license fees.
Submitted By: Randy Bennett, Public Works Division Manager
5-1-1: ANIMALS AT LARGE:
A. Prohibited: 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. Violation: Any animal found in violation of the provisions of any of the subsections of this
section by a sanitary inspector, animal control officer or any police officer of the city, or any
other person, may be apprehended and impounded with the city, or an alternate pound or
shelter designated by the city. It shall be unlawful for any person employed by the city, or any
person employed by or connected with the animal pound or shelter or any society or
organization operating or maintaining such pound or shelter under lease or contract with the
city, to sell, give away or dispose of, through any pretext or by any device or means whatsoever,
any animal impounded in such pound or shelter to any person, organization or research facility
for the purpose of using such animal as food, unless such animal is of a type that is customarily
used for food, or for the purpose of medical experimentation unless the research facility, person
or organization desiring such animal for medical experimentation is duly approved and
authorized by the state to conduct such experimentation, or for any other purpose except for
pets and related activities.
C. Harboring: 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. Registration: 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 to the Cedar Bend Humane Society. 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
Cedar Bend Humane Society city clerk a pick up fcc a redemption fee according to the contract
amount charged by the Ccdar Bend Humane Society's fee schedule then in effect for the initial
take in fcc that normally changes as per contract. When a dog or cat is returned to the owner
or caretaker by Aanimal Gcontrol, they owner or caretaker shall pay a twenty five dollars
($25.00) pick up fee in an amount determined from time to time by resolution of the city council;
($10.00) for each additional pick up fee incurred within the calendar year (i.e., second pick up
fee is $35.00, third pick up fcc is $15.00, etc.). All fees or charges of any type or nature shall be
paid in full at the time the animal is redeemed from the Cedar Bend Humane Society or taken
home by Aanimal Gcontrol. (Ord. 5204, 3-10-2014)
5-1-2: SWINE PROHIBITED; EXCEPTIONS:
A. No person shall keep or harbor any pigs or have any pigpens or pigsties 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. (Ord. 5204, 3-10-2014)
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. (Ord. 5204, 3-10-2014)
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 or her premises. Such carcass shall be disposed of within twenty four (24) hours after
death. (Ord. 5204, 3-10-2014) Animal Gcontrol shall charge a pick up fee in an amount
determined from time to time by resolution of the city council.
of $25.00 for cats and dogs up to 25 lbs. $1.00 per additional Ib. will be addcd to the $25.00
fcc for cats and dogs ovcr 25 Ibc,
5-1-4A: LANDLORD LIABILITY:
Landlords are responsible for any fees charged for removal of abandoned animals or
animals left at a property due to eviction or a tenant's extended illness or death.
5-1-5: TRAPPING RESTRICTIONS:
No person shall set or use any steel, claw, leghold, conibear, snare or box trap outside of any
structure or building for the purpose of taking, killing, maiming, wounding, ensnaring or
capturing an animal or which is injurious to persons or animals, except for the following:
A. Any trapping by a governmental unit to capture animals which are creating a public
nuisance or for the protection of public or property;
B. Licensed pest and rodent control persons in protection of private property;
C. During the season allowed by the state conservation commission for taking of furbearing
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 twelve 12 hours thirt 30) minutcs. Tthirty
130) minutes.
E. Traps may be rented from Aanimal Gcontrol for a five (5) day period for $25.00 to
remove nuisance pests, however, the trapper is required to transport dogs and/or cats to the
Cedar Bend Humane Society. The rental fee shall be an amount determined from time to time
by resolution of the city council. Wildlife shall be transported, by the trapperrenter, and
releasedret ed unharmed to an outside -area outside Waterloo city limitsunharmed.
F. A private property owner on his private property in order to control small rodents, such as
gophers, moles and other similar animals. (Ord. 5204, 3-10-2014)
5-1-6: CRUELTY TO ANIMALS:
A. 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, willfully 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.
(Ord. 5204, 3-10-2014)
A
elements. In any circumstances, a tethered animal must have access to an outdoor facility
that provides adequate protection from the elements. (Ord. 5204, 3-10-2014)
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5-1-7: USE OF ANIMALS RESTRICTED:
A. Artificially Colored Animals; Sale: No chick, duckling, gosling or rabbit that has been dyed
or otherwise colored artificially may be sold or offered for sale, raffled, offered or given as a
prize, premium or advertising device, or displayed in any store, shop, carnival or other public
place.
B. Use As Advertising Devices:
1. Chicks, ducklings and goslings, younger than four (4) weeks of age may not be sold or
offered for sale, raffled or offered or given as a prize, premium or advertising device, in quantity
of less than twelve (12) birds to an individual person unless sold by a person engaged in the
business of selling chicks, ducklings and goslings for agricultural or wildlife purposes.
2. Stores, shops, vendors and others displaying chicks, ducklings or goslings to the public,
shall provide and operate brooders or other heating devices that may be necessary to maintain
the chicks, ducklings or goslings in good health, and shall keep adequate food and adequate
water available to the birds at all times. (Ord. 5204, 3-10-2014)
5-1-8: SANITARY CONDITIONS MAINTAINED:
A. Sanitary Premises: It shall be unlawful for the owner, caretaker or person in charge of any
dog, cat, horse or other animal to permit excrement or droppings from any of said animals to
collect on the premises of said person causing odor or an unsanitary condition. Each owner,
caretaker or person in charge of an animal shall prevent said animal from interfering with any
neighboring residents' peaceful and quiet enjoyment of their property.
B. Owner To Clean Up Droppings: It shall be unlawful for any owner, caretaker or person in
charge of a dog, cat, horse or other animal to fail to clean up and/or remove as soon as possible
any excrement or droppings deposited by said dog, cat, horse or other animal on any real
estate, whether privately owned or publicly owned, other than on the premises of the owner,
caretaker or person in charge; provided, however, that the foregoing does not apply to
excrement or droppings deposited by Waterloo police dogs or horses when police officers are
using said dogs or horses for official police duties.
C. Confined Animal Waste Disposal Systems; Exterior Residential Use Only: Anyone who
owns or otherwise cares for any animal in a residential zone, as defined in the Waterloo zoning
ordinance, and who intends to install a confined waste system shall conform to all of the
following requirements:
1. The confined waste system container (hereinafter "container") shall have a maximum
volume of two and thirty six hundredths (2.36) cubic feet or seventeen and seventy two
hundredths (17.72) gallons.
2. The container shall be placed in an area of the property not normally occupied or used
for play or recreation, and the container shall be buried so that the lid remains exposed.
3. The container shall have a waterproof lid that shall remain closed at all times. The lid
may be removed only when animal excrement or droppings are deposited or added. The lid
shall, thereafter, be immediately replaced.
4. Lime or activated enzymes shall be added periodically to promote the continued
decomposition of waste.
5. Enforcement of this subsection shall be by the Black Hawk County health department
and/or the animal control officer, as designated by the city council. (Ord. 5204, 3-10-2014)
Moved from OUTDOOR FACILITIES: D.
rapidly elimin rom the living a
5-1-9: OUTD ved from 5-1A-
A. Shelter From Sunlight: When sunlight is likely to cause overheating or discomfort, sufficient
shade shall be provided to allow all any animal kept outdoors to
protect itselfthemselvco from the direct rays of the sun.
B. Shelter From Rain Or Snow: Any Doge 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 must be provided for all 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. Pet carriers, crates and pet taxis are not considered adequate shelter against the
cold.
5-1 ;110: 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 subsection 5-1-1 E of this chapter
must be paid in full. (Ord. 5204, 3-10-2014)
5-1-101: 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. (Ord. 5204, 3-10-2014)
5-1 ;142: 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
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service call by animal control to a specific location, a nuisance is hereby declared to exist due to
excessive service calls by animal control that place an undue and inappropriate burden on the
taxpayers of the city, and said person shall be charged a nuisance service fee of fifty dollar
($50.00) per hour per officcr for subsequent responses involving the same person or his or her
household. The fee shall be an amount determined from time to time by resolution of the city
council. -For hourly billing, Aany 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 1 135 1 12 of
this chapter.
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.
(Ord. 5204, 3-10-2014)
5-1-123: ADMINISTRATIVE PROCEDURES:
A. Notice: 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 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 an
amount determined from time to time by resolution of the city council seven hundred fifty dollar
{$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 subsection 5-1-1 E of this chapter, 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 in an amount determined from time to time by resolution of the city councilo#-fifty
dollars ($50.00) must also be paid to the city clerk for the appeal to be considered filed.
2. The hearing on the appeal shall be scheduled for a date within thirty (30) days of the
receipt of notice of appeal and shall be scheduled for no more than thirty (30) minutes in length
or such additional time as the city council in its discretion may deem necessary. If the appellant
desires additional time, he or she must make application to the city council for an extension at
least seven (7) days prior to the hearing. The appeal hearing shall be simple and informal,
without regard to technicalities of procedure or rules regarding admissibility of evidence. The
city council may consider any evidence it considers credible, including written summaries and
other secondary sources, and give such weight to the evidence as it considers warranted. After
such hearing, the city council by simple majority may affirm or reverse the finding or order of the
animal control officer. Such determination shall be contained in a written decision and shall be
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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. (Ord. 5204, 3-10-2014)
5-1-134: 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 subsection 5-1-1E of this chapter, shall be paid by the owner or caretaker of the
dog, cat or other animal from whom it was taken. (Ord. 5204, 3-10-2014)
5-1-145: 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:
A. It is properly housed in a veterinary hospital, licensed kennel, pet shop, or animal shelter.
B. It is under the control of authorized public safety personnel.
C. 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: a) it is restrained by a rope, leash, cord, chain, or restraining device not
more than ten feet (10') more than four fcct (1') in length, or is properly restrained within a motor
vehicle or trailer, or b) 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 (6)
hours for any purpose, where the person in possession does not own the animal, other than a
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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. (Ord. 5204, 3-10-2014)
ARTICLE A. DOGS AND CATS
SECTION:
5-1A-1: Definitions
5-1A-2: Licenses Required
5-1A-3: Exceptions To License Requirements
5-1A-4: Rabies Vaccination Required
5-1A-5: License Tags
5-1A-6: Prohibited Acts And Conditions
5-1A-7: Kennel Premises; Nonconforming Use
5-1A-8: Municipal Pound
5-1A-9: Impoundment Of Animals; Redemption
5-1A-10: Violation; Penalty
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 section 5 1 155 1 14 of this chapter 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 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 must 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. Pet carriers, crates and pet taxis are not considered adequate
shelter against the cold.
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.
E. Vehicles: Animals cannot be left in a vehicle, on a vehicle, or tethered to a vehicle for a
length of time that could result in danger to or death of an animal, when the atmospheric
temperature falls below fifty degrees Fahrenheit (50°F)- and/or when the heat index reaches
eighty-five degrees Fahrenheit (85°F). If the A nimal G ontrol 0 fficer determines that such an
animal is in immediate danger, the A=nimal S=ontrol 9_fficer or designee may remove the
animal by whatever m
for nrotective ciistafiliig Redemption of any animal taken into custody shall require payment of all
fees and charges as set forth in subsection 5-1-1E of this chapter within the applicable time
allowed by this chapter or by order of animal control or the city council.
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.
SERVICE ANIMAL: Any guide dog, signal dog, or other animal individually trained to provide
assistance to a personon individual with a disability or that serves public health, safety and law
enforcement personnel as well as any dog enrolled in a recognized formal training program for
those types of services.
TRANQUILIZE: To temporarily sedate any animal for gaining control. (Ord. 5204, 3-10-2014)
5-1A-2: LICENSES REQUIRED:
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A. Annual License: The owner of all dogs and cats, including scrvicc and companion dogs
and cats six (6) months old or older whether service animals or otherwise, shall annually obtain
a license therefor as hereinafter provided.
B. Application By Owner: The owner of a dog or cat, for which a license is required, shall on
or before January 1 of each year apply to the city clerk for a license for each dog or cat owned
by said owner. Such application or license may be made after January 1, and at any time, for a
dog or cat which has come into the possession or ownership of the applicant, or which has
reached the age of six (6) months after said date.
C. Form Of Application: Subject application shall be in writing on blanks provided by the city
clerk, and shall state the breed, sex, age, color, markings and name, if any, of the dog or cat,
and the address of the owner and be signed by said owner. Such 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 shall be
determined from time to time by resolution of the city council that has bccn spayed or neutered,
otherwise the annual licence fee shall be twenty five dollars ($25.00) ten dollars ($10.00) for
ach dog or cat if . Fees shall be 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
of this section. Any fee not paid by the due date shall increase to an amount determined from
time to time by resolution of the city councilto ten dollars ($10.00) and fifty twenty five dollars
($50.00 $250.00 ), respectively.
2. Duplicate licenses shall be issued at a cost of five dollars ($5.00) determined from time
to time by resolution of the city council.
3. The city license fee shall be waived for all dogs or cats if the owner of said dogs or cats
has a valid license issued by the state of Iowa that allows the keeping of such animals.
4. The owner of all dogs or cats six (6) months old or older must comply with all the
provisions of this article, including, but not limited to, the obtaining of rabies vaccination and
license tag, even if the license fee has been waived. A written certificate from a licensed
veterinarian shall be required to prove that a dog or cat is incapable of breeding and has been
vaccinated for rabies.
E. Term Of License: All licenses shall expire on January 1 of the year following the date of
issuance, and a license tag issued for one dog or cat shall not be transferable to another dog or
cat.
F. Transfer Or Change Of Ownership: When the permanent ownership of a dog or cat is
transferred, the license for the same may be transferred by the city clerk by the notation on the
license record giving name and address of the new owner.
G. Implied Consent: The application for and the receipt of a license as required herein shall
include an implied consent by the owner to permit an inspection of both real and personal
property under his control for the purpose of carrying out the provisions of this article, including
inspection for cruelty to animals or an inspection of sanitary conditions.
H. Delinquent Licenses: All license fees for dogs or cats become delinquent on April 1 in the
year in which they are due and payable, and a penalty shall be added to each unpaid license on
or after said date in the like amount of the annual license fee as hereinbefore set out in
subsection D of this section. (Ord. 5204, 3-10-2014)
5-1A-3: EXCEPTIONS TO LICENSE REQUIREMENTS:
The foregoing requirements for licenses for dogs or cats shall not apply to dogs or cats that are
under the control of the owners or handlers while in transit or to be exhibited or to nonresidents
of the city if they are in the state for less than thirty (30) days or which are assigned to a
research institution or like facility. The license fee shall be waived for all dogs or cats if the
owner of said dogs or cats has a valid state license for said dogs or cats. (Ord. 5204, 3-10-
2014)
5-1A-4: RABIES VACCINATION REQUIRED:
A. Required: Every owner of a dog or cat shall obtain a rabies vaccination for such animal. It
shall be unlawful for any person to own or have a dog in his possession six (6) months of age or
over which has not been vaccinated against rabies.
B. Type Of Vaccine: The rabies vaccination required by subsection A of this section shall be
an injection of antirabies vaccine approved by the Iowa state department of agriculture, and the
frequency of revaccination necessary for approved vaccination shall be as established by
subject department. The vaccine shall be administered by a licensed veterinarian and shall be
given as approved by the Iowa state department of agriculture. Evidence of said rabies
vaccination shall be a certificate of vaccination signed by a licensed veterinarian, and the
certificate shall show that the vaccination does not expire within six (6) months from the
effective date of the dog or cat license. (Ord. 5204, 3-10-2014)
5-1A-5: LICENSE TAGS:
A. Required: The city clerk, AaAnimal CControl ()officers and Cedar Bend Humane Society
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. (Ord. 5204, 3-10-2014)
5-1A-6: PROHIBITED ACTS AND CONDITIONS:
A. At Large: It shall be unlawful for the owner or caretaker of a dog or cat to permit or allow
such dog or cat to be at large. Any dog or cat found at large shall be presumed to be so with the
permission of its owner or caretaker, and proof of ownership and that said dog or cat was at
large shall constitute in evidence a prima facie presumption in any proceeding charging any
violation of this subsection. As to any dog at large under the circumstances described in
section 5-1 B-9 of this chapter, violation of this subsection shall constitute a misdemeanor and
be punishable by a fine of not less than an amount determined from time to time by resolution of
the city councilfive 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 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 in an amount determined from time to time by resolution of the city
councilof 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. (Ord. 5204, 3-10-2014)
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. (Ord. 5204,
3-10-2014)
5-1A-8: MUNICIPAL POUND:
A. City May Establish: The city may establish and maintain a municipal animal pound or
shelter to be conducted and operated by the city. It shall be the duty of the authorized persons
appointed by the city to supervise and control such pound or shelter, to cause it to be kept in a
sanitary condition and free from offensive odors, to provide adequate and wholesome food for
animals impounded therein, to provide careful and humane treatment toward such animals, to
isolate diseased animals, and to provide for humane destruction of animals when necessary.
B. Contract For Care: In lieu of the establishment and maintenance of animal pounds, the
city may contract with any incorporated society or association for the prevention of cruelty to
animals for the collection and protection of licensed or unlicensed dogs, cats and other animals,
for the maintenance of a shelter or pound for licensed or unlicensed dogs, cats or other animals,
for the collection of dogs or cats, or other animals "at large" as herein defined, for the
destruction or other disposition of seized dogs or cats, or other animals, not redeemed as
provided by this article, for the disposal of dead animals, and to assist in the collection of
licenses upon dogs and cats. (Ord. 5204, 3-10-2014)
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 subsection 5 1 9B of this chapter, shall be assigned a registration
number by animal control or its designee. 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 for the third (3') time in a calendar yca,year will be notified that must havc the animal will
be spayed or neutered before being redeemedwithin thirty (30) days after redemption and
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 subsection 5-1-1E of this chapter within the applicable time allowed
by this chapter or by order of animal control or the city council. (Ord. 5204, 3-10-2014)
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. (Ord. 5204, 3-10-2014)
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ARTICLE B. DANGEROUS ANIMALS AND REGULATED
DOGS
SECTION:
5-1 B-1: Definitions
5-1 B-2: Keeping Of Dangerous Animals Prohibited; Exceptions
5-1 B-3: Regulations On Keeping Dangerous Animals
5-1 B-4: Prohibitions On Possession Of Animals
5-1 B-5: Regulated Dogs
5-1 B-6: Guard Dogs
5-1 B-7: Registration Of Regulated Dogs
5-1 B-8: Tethering Of Dogs
5-1 B-9: Dog Attacks
5-1 B-10: Irresponsible Dog Owners
5-1 B-11: Landlord Liability
5-1 B-12: Enforcement
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 5-1-155 1 14 and 5-1A-1 of this chapter 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 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 subsection A 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 wilful
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 provocation while off its
owner's or caretaker's property in a menacing fashion 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
subsection 5-1A-6B of this chapter 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 subsections A and B 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". (Ord. 5204, 3-10-2014)
5-1B-2: KEEPING OF DANGEROUS ANIMALS PROHIBITED; EXCEPTIONS:
A. No person shall keep, shelter, or harbor as a pet, guard, or for other purpose, within the
city, a "dangerous animal" as defined in this article, except as provided in subsection B of this
section or in section 5-1 B-3 of this article.
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. (Ord. 5204, 3-10-2014)
5-1B-3: REGULATIONS ON KEEPING DANGEROUS ANIMALS:
A. Report Required; Information: Every person owning, keeping, sheltering or harboring a
dangerous animal pursuant to subsection 5-1 B-2B of this article 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; Antivenin 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, 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 person 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 5-1-135 1 12 of this chapter. If the city council affirms the
action of the animal control officer, the provisions of section 5 1 135 1 B 12 of this article shall
apply. (Ord. 5204, 3-10-2014)
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 an amount determined from time to time by resolution of the city council 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 section 5-1 B-5 or 5-1 B-7 of this
article. Any individual on this registry is subject to the restrictions on ownership found in this
article, regardless of whether the individual changes addresses or moves to a different
residence. An individual will be in violation hereof if the prohibited animal is found in their
residence regardless of any claim that the animal belongs to someone else occupying the
residence.
C. Notice Of Violation; Confinement: In the event an animal control officer determines that an
animal is being kept, sheltered or harbored by any person or entity in violation of the provisions
of this section or section 5-1 B-10 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), the animal control officer shall have such person or entity
prosecuted for such violation and shall take the animal into custody at the expense of the owner
or caretaker at a city impoundment facility, with a veterinarian or at a kennel until such time as
the owner or caretaker agrees in writing to remove or destroy the animal or the city council has
ruled on an appeal of the violation finding. After making a finding that an animal is being kept,
sheltered, or harbored in violation of this article, animal control shall issue a written notice of
violation, directed to such person or entity.
D. Appeal Procedure; Compliance With Order: Any individual or entity desiring to appeal an
order issued by the animal control officer pursuant to subsection C of this section shall follow
the appeal procedures of section 5 1 135 1 12 of this chapter. The appeal cannot be filed until
all costs incurred to date in caring and providing for the animal, as set forth in subsection 5-1-1E
of this chapter, are paid and a bond is posted with the city clerk. If the city council affirms the
action of the animal control officer, the provisions of section 5 1 135 1 B 12 of this article shall
apply. (Ord. 5204, 3-10-2014)
5-1B-5: REGULATED DOGS:
A. Applicability: The provisions of this section apply to adult dogs only, which shall mean any
dog over the age of six (6) months.
B. Keeping Prohibited: No person shall keep, shelter or harbor as a pet, within the city, a
"regulated dog" as defined in section 5-1 B-1 of this article, except as expressly permitted by this
article.
C. Regulated Dogs At Large: In the event that a dangerous dog or a vicious dog is found at
large and unattended upon public property, park property, public right of way, or the property of
someone other than its owner or caretaker, thereby creating a hazard to life or property, such
dog may, in the discretion of the animal control officer, be destroyed if it cannot be captured and
confined. The city shall be under no duty to attempt the confinement or capture of a dangerous
dog or vicious dog found at large, nor shall it have a duty to notify the owner of such dog prior to
its destruction.
D. Notice Of Violation; Confinement: If the animal control officer determines that a regulated
dog is being kept, sheltered or harbored by any person or entity in violation of the provisions of
this article, which determination may be based on direct observation or on a preponderance of
credible evidence (such as photographs, witness affidavits, or other physical evidence) that the
dog qualifies as a "regulated dog" as defined by this article, the animal control officer may, in his
or her discretion, have such person or entity prosecuted for such violation. After making a
finding that the dog is a regulated dog, animal control shall issue a written notice of violation,
directed to such person or entity. At the time such notice is issued, the dog shall be taken into
the custody of animal control and confined at the expense of the owner or caretaker at the city
impoundment facility, with a veterinarian or at a kennel. Within seven (7) days after delivery of
the notice of violation or, if appealed, within seven (7) days after the city council has ruled on the
regulated dog finding, the owner or caretaker may redeem the dog or, if it is a potentially
dangerous dog, agree in writing to permanently remove the dog from the city. The owner or
caretaker of any regulated dog that is redeemed must comply with the provisions of section 5-
1 B-7 of this article. 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
subsection 5-1-1 E of this chapter, 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 1 135 1 12 of this chapter. The appeal cannot be filed until
all costs incurred to date in caring and providing for the dog, as set forth in subsection 5-1-1 E of
this chapter, 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 of this article 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 Regulated Dogs Not Permanently Removed Or Destroyed: If a regulated
dog is required to be removed from the city under this section and the dog is subsequently
found within city limits following the date the owner or caretaker agreed to removal, the failure to
permanently remove will constitute a separate and independent violation of this section. In
addition, if such dog is a dangerous dog or vicious dog it may be destroyed by the city without
further action or possibility of appeal, and the costs of such destruction will be charged against
the party prosecuted for the offense.
H. Dog Found Potentially Dangerous, Dangerous Or Vicious By Another Jurisdiction: A dog
found within city limits which has previously been determined to be potentially dangerous,
dangerous, vicious or a threat to the health or safety of humans or other domestic animals by
court order or by any other city, county or state whose laws or regulations are substantially
similar to those of this chapter shall automatically be deemed to be a potentially dangerous,
dangerous or vicious dog, as appropriate, pursuant to this article, and the person or entity
keeping, sheltering, or harboring it shall be issued a notice of violation pursuant to subsection D
of this section. Any such dog will be impounded. Within seven (7) days after delivery of the
notice of violation or, if appealed, within seven (7) days after the city council has ruled on the
regulated dog finding, the owner or caretaker may agree in writing to permanently remove the
dog from the city if it is potentially dangerous. If the owner or caretaker fails to take all steps
necessary to timely perfect an appeal or fails to timely satisfy the requirements for removal, or if
the dog is dangerous or vicious, the dog may be destroyed in a humane manner, and the fees
and charges of impoundment, as set forth in subsection 5-1-1E of this chapter, and with
destruction of the dog shall be charged against the owner or caretaker. (Ord. 5204, 3-10-2014)
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 guard dog is permitted for each residential premises
and two (2) guard dogs for each nonresidential 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 5-1 B-7A through F, H and I of this article
shall apply to the registration of guard dogs. (Ord. 5204, 3-10-2014)
5-1B-7: REGISTRATION OF REGULATED DOGS:
A. Registration Requirement; Penalty For Failure To Register: If animal control determines
that a dog may be classified as a regulated dog, the dog cannot be owned, sheltered, housed,
harbored, kept, or maintained within the city limits of Waterloo unless the owner or possessor
completes a registration with animal control and receives a registration certificate authorizing
ownership or possession of the dog. Animal control shall notify the owner or possessor in writing
that the dog is either potentially dangerous, dangerous, or vicious. Within seven (7) days
following the date that animal control delivers notice to the owner or caretaker that the dog is
regulated, the owner or caretaker of the dog must obtain the registration certificate or file an
appeal of such determination pursuant to subsection M of this section. 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 with
such penalties to be determined from time to time by resolution of the city council of two
hundred dollars ($200.00). In addition, the registration fee will be increased to an amount
determined from time to time by resolution of the city council, 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
subsection 5-1-1 E of this chapter, 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 subsection 5-1-1 E of this
chapter, 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
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 in an amount
determined from time to time by resolution of the city councilof fifty dollars ($50.00) to register
the dog with animal control and provide proof of liability insurance to animal control totaling a
minimum of three hundred thousand dollars ($300,000.00) which will provide coverage for
injuries, damages or loss that may be caused by the animal. Failure to pay the registration fee
or to provide proof of insurance will result in denial of registration.
D. Permanent Identification: The registration number assigned by animal control under this
section shall be affixed to the regulated dog by permanent microchip implant or tattoo by a
licensed veterinarian or other person acceptable to the city, at the applicant's expense. No
person shall remove or alter such identification once it is affixed.
E. Issuance Of Registration Certificate: If all requirements of this section are met, the
applicant will be issued a registration certificate entitling them to own, maintain, possess, or
shelter the regulated dog within city limits.
F. Prohibition On Registration For Owners With Prior Convictions: An applicant who has
previously been convicted of, or has pled guilty, no contest, or the equivalent to, an offense
under Iowa Code 717D.2, who has been convicted of a violation of section 5-1 B-5 of this article,
or who has pled guilty, no contest, or the equivalent with respect to any such offense or
violation, shall not be permitted to register a dog under this section.
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 in an amount determined from time to time by resolution
of the city council of fifty dollars ($50.00), provides proof of current insurance, and updates any
registration information previously provided.
I. Additional Notification Responsibilities:
1. An owner or caretaker of a dog registered as potentially dangerous, dangerous or
vicious must contact animal control immediately if the dog is loose or not confined, has attacked
another domestic animal, or has attacked a human being.
2. An owner or caretaker of a dog registered as potentially dangerous, dangerous or
vicious must contact animal control within forty eight (48) hours of the dog's death.
Documentation from a veterinarian or physical proof that the dog is deceased will need to be
provided to animal control.
3. An owner or caretaker of a dog registered as potentially dangerous, dangerous or
vicious must contact animal control within forty eight (48) hours if the dog has been sold,
relocated or given away and shall provide animal control with the name, address, and telephone
number of the new owner or caretaker of the dog.
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 5-1 B-5 of this article. If a
dog has been registered as a potentially dangerous dog or a dangerous dog and at any time
thereafter kills or causes serious injury to a person or domestic animal ("serious injury" meaning
any injury resulting in broken bones or lacerations requiring multiple sutures) and no exception
is applicable, said dog will automatically be deemed a vicious dog subject to section 5-1 B-5 of
this article.
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 1 135 1 12 of this chapter. 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 5-1 B-12 of this article. (Ord.
5204, 3-10-2014)
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 ten feet (10') 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 (1/8) 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 eight (8) hours in a twenty four (2' )
flour period. When the temperature falls below thirty degrees Fahrenheit (30°F), with wind chill
factor applied, or when the heat index is at least eighty-five degrees (85°), no animal may be
restrained outdoors by tethering for more than fifteen (15) minutes without access to adequate
food, 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. (Ord. 5204, 3-10-2014)
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 subsection 5-1-1 E of this
chapter and all costs incident to destruction of the dog. (Ord. 5204, 3-10-2014)
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 twelve (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 an amount determined from time to
time by resolution of the city councilfivc 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 1 135 1 12 of this
chapter. (Ord. 5204, 3-10-2014)
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 section 5-1 B-4 5-1 B-5 or 5-1 B-10 of this article shall be
guilty of a municipal infraction.
B. A landlord or its property manager shall not be guilty of a violation of subsection A of this
section if it takes prompt action to notify the tenant or occupant that the dog must be
permanently removed from the property within seven (7) days of notice as set forth in Iowa
Formatted: Highlight
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 section 5-1 B-4, 5-1 B-5 or 5-1 B-10 of this article 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 of this section. (Ord. 5204, 3-10-2014)
D. Landlords are responsible for any fees charged for removal of abandoned animals; or
animals left at a propertythe residence due to eviction; or a tenants extended illness or death.
5-1B-12: ENFORCEMENT:
A. Failure To Comply:
1. Except as set forth in subsection 5-1 B-7A of this article, 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 subsection 5-1-1E of
this chapter, before the animal or dog will be released and the bond, if any, lifted. If within seven
(7) days after issuance of the order the owner or caretaker fails to complete the application for
removal and pay such fees and charges, fails to petition the district court for review of the order,
or otherwise fails to take action, then animal control shall cause the animal or dog to be
destroyed in a humane manner.
3. If instead of removal the animal or dog is ordered destroyed by the city council and the
owner fails to file a petition for review of the order with the district court within seven (7) days
after its issuance, the animal or dog will be destroyed in a humane manner.
4. As an alternative to the destruction of an animal or dog it may, in appropriate
circumstances as determined by animal control, be disposed of by sale or by donation to a
suitable animal shelter or rescue organization.
B. Penalties:
1. Unless a different penalty is specifically prescribed by any section of this article, in which
case such penalty shall apply, the failure to comply with an order of the city council issued
pursuant to this article shall constitute a misdemeanor and be punishable by a fine of not less
than an amount determined from time to time by resolution of the city counciltwo hundred fifty
, 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. (Ord. 5204, 3-10-2014)
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