City Ordinance: Animal Protection and Control

CHAPTER 85
GENERAL PROVISIONS

85.01 Definitions
85.02 Cruelty to Animals
85.03 Abandonment
85.04 Exhibitions and Fights
85.05 Injuries to Animals
85.06 At Large Prohibited
85.07 Bothersome Animals
85.08 Damage or Interference
85.09 Annoyance or Disturbance
85.10 Vicious Dogs
85.11 Owner's Duty
85.12 Confinement
85.13 At Large: Impoundment
85.14 Disposition of Animals
85.15 Number of Animals Restricted
85.16 Animals on Leash
85.17 Sanitation
85.18 Pet Awards Prohibited

85.01 DEFINITIONS. The following terms are defined for use in the chapters of this Code of Ordinances pertaining to Animal Protection and Control:

  1. "Animal" means a nonhuman vertebrate.
  2. "At large" means any animal found off the premises of the animal's owner and not under the control of a competent person, restrained within a motor vehicle, or housed in a veterinary hospital or kennel.
  3. "Owner" means any person owning, keeping, sheltering or harboring an animal.

(Code of Iowa, Sec. 351.2)

85.02 CRUELTY TO ANIMALS. No person who impounds or confines, in any place, any domestic animal or fowl, or dog or cat, shall fail to supply such animal during confinement with a sufficient quantity of food and water, or shall fail to provide the dog or cat with adequate shelter, or shall torture, torment, deprive of necessary sustenance, mutilate, overdrive, overload, drive when overloaded, beat, or kill any such animal by any means which causes unjustified pain, distress or suffering, whether intentionally or negligently.

(Code of Iowa, Sec. 717.2)

85.03 ABANDONMENT. A person who has ownership of a cat or dog shall not abandon the cat or dog, except the person may deliver the cat or dog to another person who will accept ownership and custody or the person may deliver the cat or dog to an animal shelter or pound.

(Code of Iowa, Sec. 717.4)

85.04 EXHIBITIONS AND FIGHTS. No person shall arrange, promote or stage an exhibition at which any animal is tormented, or any fight between animals or between a person and an animal, or shall keep a place where such exhibitions and fights are staged for the entertainment of spectators.

(Code of Iowa, Sec. 717.3)

85.05 INJURIES TO ANIMALS. No person, having no right to do so, shall maliciously kill, maim or disfigure any animal of another, or maliciously administer poison to any such animal, or expose any poisonous substance with the intent that the same should be taken by any such animal.

(Code of Iowa, Sec. 717.1)

85.06 AT LARGE PROHIBITED. It shall be unlawful for any owner to allow an animal to run at large within the corporate limits of the City.

85.07 BOTHERSOME ANIMALS. It shall be unlawful for a person to keep within the City such bothersome animals as barking dogs, bees, cattle, horses, swine and sheep which tend to disrupt the peace and good order of the community.

85.08 DAMAGE OR INTERFERENCE. It shall be unlawful for the owner of an animal to allow or permit such animal to pass upon the premises of another thereby causing damage to, or interference with, the premises.

85.09 ANNOYANCE OR DISTURBANCE. It shall be unlawful for the owner of a dog to allow or permit such dog to cause serious annoyance or disturbance to any person or persons by frequent and habitual howling, yelping, barking, or otherwise; or, by running after or chasing persons, bicycles, automobiles or other vehicles.

85.10 VICIOUS DOGS. It shall be unlawful for any person to harbor or keep a vicious dog within the City. A dog is deemed to be vicious when it shall have attacked or bitten any person without provocation, or when propensity to attack or bite persons shall exist and is known or ought reasonably to be known to the owner.

85.11 OWNER'S DUTY. It shall be the duty of the owner of any dog, cat or other animal which has bitten or attacked a person or any person having knowledge of such bite or attack to report this act to a local health or law enforcement official. It shall be the duty of physicians and veterinarians to report to the local board of health the existence of any animal known or suspected to be suffering from rabies.

(Code of Iowa, Sec. 351.38)

85.12 CONFINEMENT. If a local board of health receives information that an animal has bitten a person or that a dog or animal is suspected of having rabies, the board shall order the owner to confine such animal in the manner it directs. If the owner fails to confine such animal in the manner directed, the animal shall be apprehended and impounded by such board, and after ten (10) days the board may humanely destroy the animal. If such animal is returned to its owner, the owner shall pay the cost of impoundment. This section does not apply if a police service dog or a horse used by a law enforcement agency and acting in the performance of its duties has bitten a person.

(Ord. 5-01 - Nov. 01 Supp.)

(Code of Iowa, Sec. 351.39)

85.13 AT LARGE: IMPOUNDMENT. Animals found at large in violation of this chapter shall be seized and impounded, or at the discretion of the peace officer, the owner may be served a summons to appear before a proper court to answer charges made thereunder.

85.14 DISPOSITION OF ANIMALS. When an animal has been apprehended and impounded, written notice shall be given in not less than two days to the owner, if known. Impounded animals may be recovered by the owner upon payment of impounding costs, and if an unvaccinated dog, by having it immediately vaccinated. If the owner does not redeem the animal within seven days of the date of notice, or if the owner cannot be located within seven days, the animal may be humanely destroyed or otherwise disposed of in accordance with law.

(Code of Iowa, Sec. 351.37, 351.41)

85.15 NUMBER OF ANIMALS RESTRICTED. No person or persons combined shall own, possess or keep more than three (3) mature animals, including dogs, in any one household within the City. This section shall not apply to a person who operates a commercial kennel as a bona fide business with the intent to make a profit. Persons''who own, possess or keep more than three (3) mature animals per household on the effective date of this Code of Ordinances shall be permitted to continue to own, possess or keep those animals only, but shall not be permitted to replace an animal which dies, is sold, transferred or otherwise disposed of until the total number of animals per household in decreased to three (3).

85.16 ANIMALS ON LEASH. No privately owned animal shall be allowed to run at large in any City park except by permission of the Board of Park Commissioners, and every such animal shall be deemed as running at large unless the owner carries such animal or leads it by a leash or chain not exceeding six (6) feet in length or keeps it confined in or attached to a vehicle, except for the training of dogs, and only then by permission from the Board of Park Commissioners. (Ord. 7-2000 - Oct. 00 Supp.)

85.17 SANITATION.

  1. No owner or custodian of any animal shall cause or allow such animal to soil, defile or defecate on any property, except the premises of the owner, unless such owner immediately removes and disposes of all deposits by such animals.
  2. No person owning, harboring, keeping or in charge of an animal within the City shall permit any waste matter from the animal to collect and remain on the property of the owner so as to cause or create an unhealthy, unsanitary, dangerous or offensive condition, or so as to create an odor.
  3. No person, owning, harboring, keeping or in charge of any animal shall cause unsanitary, dangerous or offensive conditions by virtue of the size or number of animals maintained at a single location or due to the inadequacy of the facilities.

(Ord. 7-2000- Oct. 00 Supp.)

85.18 PET AWARDS PROHIBITED.

(Code of Iowa, Ch. 717.E)

  1. Definitions. As used in this section, the following terms are defined:
    1. "Advertise" means to present a commercial message in any medium including but not limited to print, radio, television, sign, display, label, tag or articulation.
    2. "Business" means any enterprise relating to any of the following:
      1. The sale or offer for sale of goods or services.
      2. A recruitment for employment or membership in an organization.
      3. A solicitation to make an investment.
      4. An amusement or entertainment activity.
    3. "Fair" means any of the following:
      1. The annual fair and exposition held by the Iowa State Fair Board pursuant to Chapter 173 of the Code of Iowa or any fair event conducted by a fair under the provisions of Chapter 174 of the Code of Iowa.
      2. An exhibition of agricultural or manufactured products.
      3. An event for operation of amusement rides or devices or concession booths.
    4. "Game" means a "game of chance" or "game of skill" as defined in Section 99B.l of the Code of Iowa.
    5. "Pet" means a living dog, cat or an animal normally maintained in a small tank or cage in or near a residence, including but not limited to a rabbit, gerbil, hamster, mouse, parrot, canary, mynah, finch, tropical fish, goldfish, snake, turtle, gecko or iguana.
  2. Prohibition. It is unlawful for any person to award a pet or advertise that a pet may be awarded as any of the following:
    1. A prize for participating in a game.
    2. A prize for participating in a fair event.
    3. An inducement or condition for visiting a place of business or attending an event sponsored by a business.
    4. An inducement. or condition for executing a contract which includes provisions unrelated to the ownership, care or disposition of the pet.
  3. Exceptions. This section does not apply to any of the following:
    1. A pet shop licensed pursuant to Section 162.5 of the Code of Iowa if the award of a pet is provided in connection with the sale of a pet on the premises of the pet shop.
    2. Youth programs associated with 4-H Clubs; Future Farmers of America; the Izaak Walton League of America; or organizations associated with outdoor recreation, hunting or fishing, including but not limited to the Iowa Sportsmen's Federation.

(Ord. 6-04 - Nov. 04 Supp.)