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HomeMy WebLinkAbout2684-06.17.1974 p 9o7— 9i ORDINANCE NO. 44 g AN ORDINANCE REPEALING ARTICLE III ENTITLED DOGS, OF CHAPTER 7 OF THE CODE OF ORDINANCES OF THE CITY OF WATERLOO, IOWA, AND ENACTING IN LIEU THEREOF, AN ORDINANCE REGULATING THE LICENSING OF DOGS AND CATS; REQUIRING DOGS AND CATS TO BE VACINATED FOR RABIES; PROHIBITING DOGS OR CATS FROM BEING AT LARGE OR TO ATTACK PERSON, DOMESTIC ANIMAL OR TO DESTROY PROPERTY OR FROM DISTURBING PERSONS; PROVIDING FOR THE ESTABLISHMENT OF MUNICIPAL ANIMAL POUND OR SHELTER OR TO CONTRACT FOR SIMILAR SERVICE AND FOR THE DISPOSITION OR REDEMPTION OF IMPOUNDED DOGS, CATS OR OTHER ANIMALS; PROVIDING FOR CONFINEMENT AND QUARANTINE OF ANIMALS SUSPECTED OF HAVING RABIES; PROHIBITING CRUELTY TO ANIMALS; REQUIRING LICENSE FOR DOGS AND CATS; PROHIBITING THE SALE OF CHICKENS, DUCKLINGS, OR GOSLINGS IN SMALL QUANTITIES; PROVIDING HUMANE OFFICERS WITH POLICE POWERS; PROVIDING DEFINITION OF TERMS AND PRESCRIBING PENALTIES FOR VIOLATION THEREOF. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, THAT: Section 1. That Article III of Chapter 7 of the Code of Ordinances of the City of Waterloo, Iowa, is hereby repealed and the following enacted in lieu thereof: Sec. 7-29 Definitions As used in the article, unless the context indicates otherwise, the following words and phrases shall have the meanings respec- tively ascribed to them in this section: (a) Animal pound or shelter - means 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. (b) Pet Shop - means an establishment where any dog, cat, rabbit, rodent, nonhuman primate, bird, or other vertebrate animal is bought, sold, exchanged or offered for sale to the general public. (c) Boarding kennel - means 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. (e) Commercial kennel - means 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. (f) Hobby kennel - means a noncommercial kennel at, in or adjoining a private residence where dogs or cats, or both, are kept for the hobby of the householder, in using them for hunting or practice training or for exhibiting them in shows or field or obedience trials, or for guarding or protecting -2- the householders property and from which offspring with a total value in excess of one hundred dollars ($100) are sold, traded or exchanged during a calendar year. The keeper of a hobby kennel may keep or maintain up to ten (10) dogs or cats, or both, of either sex per year and may raise or sell not more than fifteen (15) offspring of either dogs or cats, or both, during any calendar year without changing the status of the kennel. If the keeper of a hobby kennel sells, trades or transfers more than fifteen (15) offspring during any calendar year, he shall be subject to licensing as a commercial breeder. (g) Commercial breeder - means 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. (h) Dealer - means 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. (i) Research facility - means 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. (j) Primary enclosure - means any structure used to immediately restrict an animal to a limited amount of space, such as a room, pen, cage, or compart- ment. (k) Housing facility - means any room, building or area used to contain a primary enclosure or enclosures. (m) Adequate feed - means 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. -3- (n) Adequate water - means reasonable access to a supply of clean, fresh, potable water provided in a san ;:ary manner or provided at suitable intervals for the species and not to exceed twenty-four (24) hours at any interval. Sec. 7-30 Annual license The owner of all dogs and cats, six (6) months old or older, shall annually obtain a license therefor as hereinafter provided. Sec. 7-31 Application by owner The owner of a dog or cat, for which a license is required, shall on or before the first day of January of each year apply to the City Clerk for a license for each dog or cat owned by said owner. Such application for 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. Sec. 7-32 Form of application Subject application shall be in writing on blanks provded 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 day or cat shall be re-vaccinated. Sec. 7-33 License Fee The annual license fee shall be $3.00 for each altered dog or cat, incapable of breeding. The annual license fee shall be $5.00 for each unaltered dog or cat. However, the license fee for each altered male dog or cat or spayed female dog or cat either presently altered or altered or spayed in the future need not be paid for a period of three (3) years. The City license fee shall be waived for all dogs or cats if the owner of said dogs or cats has a valid State Pet Shop License, State Boarding Kennel Operator's License, State Commercial Kennel License, State TJobby Kennel License, State Commercial Breeder's License or State Dealer's License for said dogs or cats. The owner of all dogs or cats six (6) months old or older must comply with all code provisions of this Ordinance including the obtaining of -4- of rabies vaccination and license tag even though 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. Sec. 7-34 Rabies vaccination, how and when The rabies vaccination required by Section 7-35 shall be an injection of anti-rabies vaccine approved by the Iowa State Department of Agriculture, and the frequency of re-vaccination 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 Depart- ment of Agriculture. Evidence o-r_ 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. Sec. 7-35 Rabies vaccination 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. Sec. 7-36 License tag The City Clerk shall, upon receipt of application, payment of license fee and proof of rabies vaccination provide to the applicant a license which shall be in the form of a metal tag. Sec. 7-37 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. Sec. 7-38 Duration 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 transferrable to another dog or cat. Sec. 7-39 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. -5- Sec. 7-40 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 Ordinance, including inspection for cruelty to animals or an inspection of sanitary conditions. Sec. 7-41 Delinquency All license fees for dogs or cats become delinquent on the first day of April in the year in which they are due and payable, and a penalty per month 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 Section 7-33. Sec. 7-42 Certification of delinquency On or before April 15, the City Clerk shall certify to the County Treasurer (1) the name of the owner of each unlicensed dog or cat, (2) the number of dogs or cats so owned by said person and the sex thereof, and (3) the amount of the unpaid license fee, plus the monthly penalty in the like amount of the annual license fee for each dog or cat. Said unpaid license fees shall be deemed to be ordinary taxes and collected in the manner provided by law. Sec. 7-43 Exception 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 non-residents of the City if they are in the State of Iowa 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 and cats has a valid State License for said dogs or cats. Sec. 7-44 Unlawful to permit dogs or cats to be at large It shall be unlawful for the owner 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 so with the permission of its owner, and proof that said dog or cat was at large and of ownership shall constitute in evidence a prima facie presumption in any proceeding charging any violation of this Section. -6- At Large shall mean running or found within the City upon any street alley, sidewalk, public or private grounds. A dog or cat, properly licensed as required by this Ordinance, shall not be deemed at large if: (1) It is on the premises of the owner and said premises are adequately fenced to contain said animal; (2) It is under the control of a person competent to restrain 1 and control the dog, or cat, either by leash, cord, chain or other means, or is properly restrained within a motor vehicle; or (3) It is properly housed in a veterinary hospital or licensed kennel. Sec. 7-45 Unlawful to allow dogs or cats to attack, cause damage or injury It shall be unlawful for the owner of a dog or cat to permit such dog or cat to attack persons, domestic animals or 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, domestic animals, destroyed property or placed persons in reasonable fear of attack or injury shall constitute in evidence a prima facie presumption of permission of the owner in any proceeding charging violation of this section. Sec. 7-46 City may establisz, maintain pound; general duties of supervisor 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 appoirfed 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, and to provide for adequate, wholesome food for animals impounded therein, and to provide careful and humane treatment toward such animals, and to isolate diseased animals and to provide for humane destruction of animals when necessary. Sec. 7-47 City authorized to contract for care, disposition of dogs and cats in lieu of establishing pound The City may, in lieu of the establishment and maintenance of animal pounds, 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 -7- other disposition of seized dogs or cats, or other animals, not redeemed as provided by ordinance, for the disposal of dead animals and to assist in the collection of licenses upon dogs and cats. Sec. 7-48 Disposition of impounded dogs or cats for food, medical experiments and pets 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 dog or cat or other animals impounded in such pound to any person, organization or research facility for the purpose of using such dog or cat or other animals as food, or for the purpose of medical experimentation unless the research facility, person or organization desiring such dog or cat or other animal for medical experimen- tation is duly approved and authorized by the State to conduct such experimen- tation, or for any other purpose except for pets, and related activities. Sec. 7-49 Redemption of impounded dogs or cats or other animals Any licensed dog or cat restrained or impounded in accordance with provisions of the Ordinance may be redeemed by the owner of such animal by paying the cost of impoundment, which shall include a pick-up fee and a daily boarding fee. Any unlicensed dog or cat or any other animal restrained or impounded, in accordance with provisions of this Ordinance shall be held for a period of seven (7) days. Within said seven (7) days the owner of said dog or cat or other animal may redeem said animal by obtaining the re- quired license and rabies vaccination, as required, and by paying the cost of impoundment, which shall include a pick-up fee and a daily boarding fee. The cost of impoundment paid to the Humane Society shall be retained by said Society. Sec. 7-50 Apprehension and impoundment of dogs or cats at large; Notice Any dog or cat found running at large and wearing a license tag and valid rabies vaccination tag may be apprehended and impounded. Any dog or cat running at large and not wearing a license tag and a valid rabies vaccin- ation tag may be apprehended and may be impounded. When such dog or cat has been apprehended and impounded, the Police Department or Humane Officer shall give written notice in not more than three (3) days to the owner, if known. If the owner does not redeem the dog or cat within seven (7) days of the date of the Notice, the dog or cat may be humanely destroyed or otherwise disposed of in -8- accordance with the law. If the owner of a dog or cat apprehended or impounded cannot be located within seven (7) days, the animal may be humanely destroyed or otherwise disposed of in accordance with the law. Sec. 7-51 Owner's duty It shall be the duty of the owner of any dog, cat or any other animal which has bitten or attacked a person, or any person having knowledge of such bite or attack, to report this act to the Health Department, Police Department or Humane Officer. It shall be the duty of physicians or veter- inarians to rep ort to the Health Department the existence of any animal known or suspected to be suffering from rabies. Sec. 7-52 Confinement When a member of the Health Department, Police Department or Humane Officer receives information that any person has been bitten by an animal, or that a dog, cat or other animal is suspected of having rabies, he shall order the owner to confine such animal in the manner and place he directs. If the owner fails to confine such animal in the manner directed, the animal shall be apprehended and impounded by such official, and after two (2) weeks the same may be humanely destroyed. If such animal is returned to its owner, the owner shall pay the cost of impoundment, which shall include a pick-up fee and a daily boarding fee. Sec. 7-53 Cruelty to animals No theatrical exhibit, circus, animal act or show shall be held in which animals or fowl are encouraged or made to perform through the use of chemical, electrical, or mechanical means or devices. If any person torture, torment, mutilate, cruelly beat, or cruelly kill any animal or fowl, or unnecessarily fail to provide the same with adequate feed and water, shelter, or protection from the weather, or cruelly abandon the same, or shall commit any other act of omission by which unjustifiable pain, distress, suffering, or death is caused or permitted to any animal or fowl, whether the acts or omissions herein contemplated be committed either maliciously, wilfully, or negligently, and if any person shall knowingly permit such act or omission or shall cause or procure the same to be done, he shall be deemed guilty of a misdemeanor. • -9- Sec. 7-54 Non-Conforming Uses Any premises declared by this Ordinance to be a kennel that is not located in a properly zoned district under the provisions of the Zoning Ordinance of this City, being Ordinance No. 2479, as amended, is hereby declared to be a non-conforming 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 Ordinance 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 non-conforming use as defined by this Ordinance. In addition, in the event that the use of a premises as a kennel is discontinued for a period of one (1) year, use of the same shall conform thereafter to the uses permitted in the zoning district in which it is located. Sec. 7-55 Noisy, annoying dogs or cats It shall be unlawful for the owner of a dog or cat to permit or allow said dog or cat to cause serious annoyance or disturbance to a person, or persons, by frequent and habitual howling, whining, yelping or barking. Proof of ownership of a dog, or cat, shall constitute in evidence a prima facie presumption of permission of the owner in any proceedings charging any violation of this Section. Sec. 7-56 Owner or person in charge of animal to clean up droppings It shall be unlawful for any owner 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 or person in charge. Sec. 7-57 Owner or person in charge of animals to keep place in a sanitary condition It shall be unlawful for the owner 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 owner or person in charge causing odor or unsanitary condition. Failure to keep said premises in a clean and sanitary condition shall be deemed a nuisance and may be abated as provided in Chapter 26 of the Code of Ordinances of the City of Waterloo, Iowa. -10- Sec. 7-58 Confinement of female dogs or cats in heat The owner of any female dog or cat in heat shall confine said female dog or cat in a building, or keep the same in his presence, so that said female dog or cat cannot come into contact with another animal except for planned breeding. Sec. 7-59 Artificially colored animals; sale No chick, duckling, gosling, or rabbit that has been dyed or other- wise 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. Sec. 7-60 Use as advertising devices 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, firm, partnership or corporation engaged in the business of selling chicks, ducklings, and goslings for agri- cultural or wildlife purposes. Sec. 7-61 Care of animals used as advertising devices 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. Sec. 7-62. :iumane and Police Officers - powers In addition to any police officer of this City, an officer of the Humane Society shall have police powers in the enforcement of this Ordinance, and no person shall interfere with, hinder, molest or abuse any Humane Officer in the exercise of such powers. For the purpose of discharging the duties imposed by this Ordinance and to enforce its provisions, any Police Officer or Humane Officer is empowered to enter upon any premises upon which a dog, cat, horse, or other animal is kept, or harbored, and to demand the exhibition by the owner of a dog or cat and the exhibition of rabies vaccination tag, and to investigate possible cruelty cases. -11- Sec. 7-63 Penalty Any person, firm or corporation violating any provision of this Ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished accordingly. The minimum fine for a conviction on first offense shall be $10.00, second offense conviction shall carry a minimum fine of $25.00, and all subsequent convictions shall be a minimum of $50.00. PASSED AND ADOPTED this /7 day of 1974. Ormeiji40. Leo P. Rooff, a r ATTEST: ndrew omberg, City erk Str=630 STATE OF IOWA, I, Robett J . McCoy SS black Hawk County, "" Publisher of the Waterloo p ailp t�ouritx a daily newspaper printed in the English language and published in Waterloo, Black Hawk County, Iowa do solemnly swear that the annexed copy of Ordinance #2 6 8 4 notice was published in the English language only tegabbx lvx once a for consecutive commencing on the day of 19 in the issues of z 4 u n e 2 0 , 1974 of said newspaper, and that the annexed rate of advertising is the regular legal rate of said newspaper, and that the following is a correct bill for pub- lishing said notice. Printer's Bill $ 151 . 2 0 Subscribed and sworn to before me this 2 0 t h day of June A. D., 19 74 Notary Publics Received of the sum of Dollars in full for publication of the above notice. Publishers