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HomeMy WebLinkAbout2024-07-15 I04 Chapter 55 Animal Control_3RD READAGENDA ITEM: CITY OF WAUKEE, IOWA CITY COUNCIL MEETING COMMUNICATION MEETING DATE: July 15, 2024 AGENDA ITEM:Consideration of approval of an ordinance to amend Chapter 55, Animal Protection and Control, by amending Section 55.01, Definitions, and inserting a new Section 55.04, Number of Animals and Domestic Fowl Limited, and renumbering subsequent sections within Chapter 55 [third (final) reading] FORMAT:Ordinance SYNOPSIS INCLUDING PRO & CON: FISCAL IMPACT INCLUDING COST/BENEFIT ANALYSIS: COMMISSION/BOARD/COMMITTEE COMMENT: STAFF REVIEW AND COMMENT: RECOMMENDATION: Approve the third reading of the ordinance in title only and place it on final passage. ATTACHMENTS: I. Proposed Ordinance PREPARED BY:Becky Schuett REVIEWED BY: PUBLIC NOTICE INFORMATION – NAME OF PUBLICATION: DATE OF PUBLICATION: I4 1 ORDINANCE NO. AN ORDINANCE TO AMEND CHAPTER 55, ANIMAL PROTECTION AND CONTROL, BY AMENDING SECTION 55.01, DEFINITIONS, AND INSERTING A NEW SECTION 55.04, NUMBER OF ANIMALS AND DOMESTIC FOWL LIMITED, AND RENUMBERING SUBSEQUENT SECTIONS WITHIN CHAPTER 55 BE IT ORDAINED by the City Council of the City of Waukee: Section 1. Chapter 55, Waukee Municipal Code, Animal Protection and Control, is hereby amending Section 55.01: 55.01 DEFINITIONS. The following terms are defined for use in this chapter. 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. (Code of Iowa, Sec. 717E.1) 2. “Animal” means a nonhuman vertebrate. (Code of Iowa, Sec. 717B.1) 3. “Animal shelter” means a facility which is used to house or contain dogs or cats, or both, and which is owned, operated, or maintained by an incorporated humane society, animal welfare society, society for the prevention of cruelty to animals, or other nonprofit organization devoted to the welfare, protection, and humane treatment of such animals. (Code of Iowa, Sec. 162.2) 4. “At large” means off the premises of the owner and not under the control of a competent person, restrained within a motor vehicle, or housed in a veterinary hospital or kennel. 5. “Business” means any enterprise relating to any of the following: (Code of Iowa, Sec. 717E.1) A. The sale or offer for sale of goods or services. B. A recruitment for employment or membership in an organization. C. A solicitation to make an investment. D. An amusement or entertainment activity. 6. “Cat” includes both male and female cats, whether altered or not. 7. “Commercial establishment” means an animal shelter, boarding kennel, commercial breeder, commercial kennel, dealer, pet shop, pound, public auction, or research facility. (Code of Iowa, Sec. 717.B1) 8. “Dog” includes both male and female dogs, whether altered or not. 9. “Domestic Fowl” includes animals classified as pigeons maintained under control of a person for commercial, exhibition, or breeding purposes, or as a pet. 2 10. “Fair” means any of the following: (Code of Iowa, Sec. 717E.1) A. 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. B. An exhibition of agricultural or manufactured products. C. An event for operation of amusement rides or devices or concession booths. 11. “Game” means a “game of chance” or “game of skill” as defined in Section 99B.1 of the Code of Iowa. (Code of Iowa, Sec. 717E.1) 12. “Injury” means an animal’s disfigurement; the impairment of an animal’s health; or an impairment to the functioning of an animal’s limb or organ, or the loss of an animal’s limb or organ. (Code of Iowa, Sec. 717.B1) 13. “Kennel” means the keeping of any dogs, cats, or other household pets of mammal group regardless of number, for sale, breeding, boarding or treatment purposes, except in an animal hospital, veterinary clinic, or pet shop, as may be permitted by law, or the keeping of more than one dog or cat, on vacant property or on property used for business or commercial purposes. The keeping of not more than three dogs and three cats in a residential district shall not be deemed to be a kennel, unless kept for sale, breeding, boarding or treatment purposes. Any person keeping more than three dogs and three cats in a residential district on the effective date of the ordinance codified in this chapter, registered as required by ordinance, may continue to keep such dogs or cats during the pet’s lifetime. 14. “Livestock” means an animal belonging to the bovine, caprine, equine, ovine or porcine species, ostriches, rheas and emus; farm deer as defined in Section 170.1 of the Code of Iowa; or poultry. (Code of Iowa, Sec. 717.1) 15. “Owner” means any person owning, keeping, sheltering, or harboring an animal. 16. “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. (Code of Iowa, Sec. 717E.1) 17. “Pound” means a facility for the prevention of cruelty to animals operated by the State, a municipal corporation, or other political subdivision of the State 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 any municipal corporation or incorporated society. (Code of Iowa, Sec. 162.2) 3 18. “Research facility” means any school or college of medicine, veterinary medicine, pharmacy, dentistry, or osteopathic medicine, or hospital, diagnostic or research laboratories, or other educational or scientific establishment situated in the 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. (Code of Iowa, Sec. 162.2) 18. “Veterinarian” means a veterinarian licensed pursuant to Chapter 169 of the Code of Iowa who practices veterinary medicine in the State. (Code of Iowa, Sec. 717.B1) Section 2. Chapter 55, Waukee Municipal Code, Animal Protection and Control, is hereby inserting a new Section 55.04 and renumber subsequent sections: 55.04 NUMBER OF ANIMALS AND DOMESTIC FOWL LIMITED. 1. Dogs and Cats: Not more than three dogs and three cats over the age of six months shall be kept by any person on any premises in the city except in bona fide commercial establishment. 2. Domestic Fowl: Not more than six domestic fowl or any combination of domestic fowl and urban chickens as defined elsewhere within this code of ordinances, shall be kept by any person on any premises in the city on a tract of land. 55.05 SANITATION OF PREMISES. 1. It is unlawful for any person owning, controlling, or caring for any animal to fail to keep in a clean and sanitary condition the premises and any pen, kennel, shelter, house or person’s dwelling or other structure where the animal is at any time kept. At least once every 24 hours, or more often if odors or health problems arise, such person shall pick up any and all feces so as to prevent its accumulation and same shall be properly disposed of. Feces shall be held in watertight and flytight containers pending disposal and shall be disposed of at least once weekly. 2. The animal and place where the animal is maintained shall also be kept free of obnoxious odors and shall be maintained so as not to attract or permit the harborage or breeding of flies and other insects or rodents or other vermin. 3. All animal food and water shall be stored and placed for the animal’s consumption in such a manner so that it will not become food for rodents and other vermin. 55.06 REMOVAL OF ANIMAL FECES. It is the duty of every person owning or having custody or control of an animal, whether such animal is running at large or on a leash or restraint, to clean up and remove the feces deposited by such animal from any property (including structures) other than the property of the owner. 55.07 ABANDONMENT OF CATS AND DOGS. 4 It is unlawful for a person who owns or has custody of a cat or dog to relinquish all rights in and duties to care for the cat or dog. This section does not apply to any of the following: (Code of Iowa, Sec. 717B.8) 1. The delivery of a cat or dog to another person who will accept ownership and custody of the cat or dog. 2. The delivery of a cat or dog to an animal shelter or that has been issued or renewed a valid authorization by the Department of Agriculture and Land Stewardship under Chapter 162 of the Code of Iowa. 3. A person who relinquishes custody of a cat at a location in which the person does not hold a legal or equitable interest, if previously the person had taken custody of the cat at the same location and provided for the cat’s sterilization by a veterinarian. 55.08 ABANDONING ANIMALS. It is unlawful for any owner or other person to abandon, turn loose, or leave any animal within the corporate limits of the City or so that the animal may find its way into the corporate limits of the City, or to abandon or leave any animal upon or in any premises unattended for a period in excess of three days. 55.09 LIVESTOCK. It is unlawful for a person to keep livestock within the City except by written consent of the Council or except in compliance with the City’s zoning regulations. 55.10 AT LARGE PROHIBITED. It is unlawful for any owner to allow an animal to run at large within the corporate limits of the City. 55.11 DAMAGE OR INTERFERENCE. It is 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. 55.12 ANNOYANCE OR DISTURBANCE. It is unlawful for the owner of a dog to allow or permit such dog to cause serious annoyance or disturbance to any person by frequent and habitual howling, yelping, barking, or otherwise, or by running after or chasing persons, bicycles, automobiles or other vehicles. 55.13 LEASHING DOGS. All persons owning dogs shall confine the same from running at large. It is the duty of every person owning a dog to: 1. Confinement. Confine said dog by good and sufficient means. 5 2. Control. Cause said dog to be under the control of a person competent to restrain and control the dog, either by leash, cord, chain, or other similar restraint of sufficient strength, and not more than six feet in length. 3. Restraint. Properly restrain the dog in a motor vehicle or house, or in a veterinary hospital or registered kennel. 4. Obedience. Maintain control by obedience beside or “at heel,” unless the conditions of subsections 1 through 3 of this section are also met. 55.14 LICENSING DOGS AND CATS. 1. License Required; Fees. All dogs and cats shall be licensed. Every owner of a dog or cat shall procure a dog or cat license from the City Clerk on or before January 1 of each year. The annual license fee for both altered and unaltered cats and dogs shall be set by resolution of the Council. 2. License Issuance. Upon payment of the license fee, the City Clerk shall issue to the owner a license that contains the name of the owner, owner’s place of residence, and a description of the dog or cat. The City Clerk shall keep a duplicate of each license issued as a public record. 3. License Tag Attached to Collar or Harness. Upon issuance of the license, the City Clerk shall deliver to the owner a metal tag stamped with the number of the license and the year for which it was issued. The license tag shall be securely fastened to a collar or harness which shall be worn by the dog or cat for which the license is issued. Any dog or cat found running at large without the license tag attached to its collar or harness shall be deemed unlicensed. 4. Noncompliance. It is a violation of this chapter for any owner to own or possess a dog or cat within the City without obtaining a license in compliance with this section. 55.15 IMMUNIZATION. Every owner of any dog or cat over the age of three months shall, when procuring a dog or cat license from the City Clerk, present a certificate from a qualified doctor of veterinary medicine that such dog or cat has had immunization against rabies, and such certificate shall show the date of such immunization and the term of such immunization. The City Clerk shall not issue any dog or cat license until evidence is shown certifying a rabies vaccination of the dog or cat by a licensed veterinarian. If any dog or cat for which a license has been obtained shall not have attained the age of three months at the time of the licensing of such dog or cat, the owner shall, not less than 10 days after such cat attains the age of three months, secure immunization against rabies for such cat and present a certificate as required in this section to the City Clerk, who shall enter such certification in the records of the City. It shall be a violation of this section for any owner to own or possess a dog or cat within the City without furnishing a certificate of immunization against rabies in compliance with this section. 55.16 OWNER’S DUTY. It is the duty of the owner of any dog, cat, or other animal that 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 6 enforcement official. It is 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) 55.17 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 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. (Code of Iowa, Sec. 351.39) 55.18 IMPOUNDING. Any dog or cat found at large shall be seized and impounded. 55.19 DISPOSITION OF ANIMALS. The owners of licensed dogs and cats, if known, shall be notified in writing not less than two days following impoundment that upon payment of impounding costs such dogs or cats will be returned. If the impounded licensed dogs or cats are not recovered by their owners within 10 days after notice, the dogs or cats shall be disposed of by the Police Chief. Impounded unlicensed dogs and cats may be recovered by the owner, upon proper identification, by payment of the license fee and impounding costs. If such dogs or cats are not claimed within 10 days after impounding, they shall be disposed of by the Police Chief. 55.20 PET AWARDS PROHIBITED. (Code of Iowa, Ch. 717E) 1. Prohibition. It is unlawful for any person to award a pet or advertise that a pet may be awarded as any of the following: A. A prize for participating in a game. B. A prize for participating in a fair. C. An inducement or condition for visiting a place of business or attending an event sponsored by a business. D. An inducement or condition for executing a contract that includes provisions unrelated to the ownership, care or disposition of the pet. 2. Exceptions. This section does not apply to any of the following: A. 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. B. 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. 7 55.21 TAMPERING WITH A RABIES VACCINATION TAG. It is unlawful to tamper with a rabies vaccination tag. (Code of Iowa, Sec. 351.45) 1. A person commits the offense of tampering with a rabies vaccination tag if all of the following apply: A. The person knowingly removes, damages, or destroys a rabies vaccination tag as described in Section 351.35 of the Code of Iowa. B. The rabies vaccination tag is attached to a collar worn by a dog, including as provided in Sections 351.25 and 351.26 of the Code of Iowa. 2. This section shall not apply to an act taken by any of the following: A. The owner of the dog, an agent of the owner, or a person authorized to take action by the owner. B. A peace officer. C. A veterinarian. D. An animal shelter or pound. 55.22 TAMPERING WITH AN ELECTRONIC HANDLING DEVICE. It is unlawful to tamper with an electronic handling device. (Code of Iowa, Sec. 351.46) 1. A person commits the offense of tampering with an electronic handling device if all of the following apply: A. The person knowingly removes, disables, or destroys an electronic device designed and used to maintain custody or control of the dog or modify the dog’s behavior. B. The electronic device is attached to or worn by the dog or attached to an item worn by the dog, including (but not limited to) a collar, harness, or vest. 2. This section shall not apply to an act taken by any of the following: A. The owner of the dog, an agent of the owner, or a person authorized to take action by the owner. B. A peace officer. C. A veterinarian. D. An animal shelter or pound. Section 3. Repealer. All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. Section 4. Severability Clause. If any section, provision or part of this ordinance shall be adjudged invalid or unconstitutional, such adjudication shall not affect the validity of the ordinance as a whole or any section, provisions or part thereof not adjudged invalid or unconstitutional. Section 5. Effective Date. This ordinance shall be in effect from and after its final passage, approval and publication as provided by law. Passed by the Council the 17th day of June, 2024, and approved this 17th day of June, 2024 8 Courtney Clarke, Mayor Attest: Rebecca D. Schuett, City Clerk