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HomeMy WebLinkAbout2026-03-02 I02 Chapter 55, Animal Control_INTRO, 1ST READAGENDA ITEM: CITY OF WAUKEE, IOWA CITY COUNCIL MEETING COMMUNICATION MEETING DATE: March 2, 2026 AGENDA ITEM:Consideration of approval of an ordinance to amend Chapter 55, Animal Protection and Control, by repealing the current chapter in its entirety and enacting in lieu thereof Chapter 55, Animal Protection and Control [introduction; first reading] FORMAT:Ordinance SYNOPSIS INCLUDING PRO & CON: Staff have been working on revisions to City Code Chapter 55, related to animal control, to ensure City Code aligns with current practice and Iowa Code. The following revisions have been identified and are recommended to bring the City Code into alignment and allow for future processes related to animal control. While some of the changes and amendments are grammatical in nature, the following are the substantive changes recommended: 1.55.07 – Strike paragraph 3 related to relinquishing of cats. 2.55.13 – Amend paragraph 1 related to confinement of a dog to prevent, avoid, and assure the dog does not leave responsible persons property. 3.55.13 – Strike paragraph 4 allowing for off leash “heel” in public spaces. 4.55.17 – Amend required hold days for animals under quarantine to align with practice and state code. 5.55.18 – Amend language to allow for cats to be delivered to a contracting shelter by residents who capture the animal. 6.55.19 – Amend hold times for animals at large, reducing to 7 days if animal appears to be domestic, household pet and 4 days for animals that do not appear to be domestic, household pets. FISCAL IMPACT INCLUDING COST/BENEFIT ANALYSIS: We expect minimal fiscal impacts to these changes. COMMISSION/BOARD/COMMITTEE COMMENT: STAFF REVIEW AND COMMENT: I2 RECOMMENDATION: Introduce the ordinance and move to approve the first reading in title only. ATTACHMENTS: I. Proposed Ordinance II. Chapter 55, Animal Protection and Control (redline version) PREPARED BY:Chad McCluskey, Police Chief REVIEWED BY:Brad Deets, City Administrator 1 ORDINANCE NO. AN ORDINANCE TO AMEND CHAPTER 55, ANIMAL PROTECTION AND CONTROL, BY REPEALING THE CURRENT CHAPTER IN ITS ENTIRETY AND ENACTING IN LIEU THEREOF CHAPTER 55, ANIMAL PROTECTION AND CONTROL WHEREAS, the City of Waukee has established rules and regulations related to animal protection and control, including animal neglect, abandonment, animals at large, licensing and immunization requirements, and impounding; AND, WHEREAS, the City of Waukee has determined that it is necessary to amend Chapter 55, Animal Protection and Control, to update rules and regulations; BE IT THEREFORE ORDAINED by the City Council of the City of Waukee: Section 1. Waukee Municipal Code Chapter 55, Animal Protection and Control, should be and the same is hereby repealed and enacted in lieu thereof is as follows: 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) 2 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. 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) 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 3 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) 19. “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 55.01 – Ord. 3118 – Jul. 24 Supp.) 55.02 ANIMAL NEGLECT. 1. It is unlawful for a person who owns or has custody of an animal or confines that animal to fail to provide the animal with any of the following conditions for the animal’s welfare: (Code of Iowa, Sec. 717B.3) A. Access to food in an amount and quality reasonably sufficient to satisfy the animal’s basic nutrition level to the extent that the animal’s health or life is endangered. B. Access to a supply of potable water in an amount reasonably sufficient to satisfy the animal’s basic hydration level to the extent that the animal’s health or life is endangered. Access to snow or ice does not satisfy this requirement. C. Sanitary conditions free from excessive animal waste or the overcrowding of animals to the extent that the animal’s health or life is endangered. D. Ventilated shelter reasonably sufficient to provide adequate protection from the elements and weather conditions suitable for the age, species, and physical condition of the animal so as to maintain the animal in a state of good health to the extent that the animal’s health or life is endangered. The shelter must protect the animal from wind, rain, snow, or sun and have adequate bedding to provide reasonable protection against cold and dampness. A shelter may include a residence, garage, barn, shed, or doghouse. E. Grooming, to the extent it is reasonably necessary to prevent adverse health effects or suffering. F. Veterinary care deemed necessary by a reasonably prudent person to relieve an animal’s distress from any of the following: (1) A condition caused by failing to provide for the animal’s welfare as described in this section. (2) An injury or illness suffered by the animal causing the animal to suffer prolonged pain and suffering. 2. This section does not apply to any of the following: A. A person operating a commercial establishment under a valid authorization issued or renewed under Section 162.2A of the Code of Iowa, or a person acting under the direction or supervision of that person, if all of the following apply: (1) The animal, as described in Subsection 1, was maintained as part of the commercial establishment’s operation. 4 (2) In providing conditions for the welfare of the animal, as described in Subsection 1, the person complied with the standard of care requirements provided in Section 162.10A[1] of the Code of Iowa, including any applicable rules adopted by the Department of Agriculture and Land Stewardship applying to: (i) a State licensee or registrant operating pursuant to Section 162.10A[2a] or [2b] of the Code of Iowa; or (ii) a permittee operating pursuant to Section 162.10A[2c] of the Code of Iowa. B. A research facility if the research facility has been issued or renewed a valid authorization by the Department of Agriculture and Land Stewardship pursuant to Chapter 162 of the Code of Iowa, and performs functions within the scope of accepted practices and disciplines associated with the research facility). 3. Penalty. A violation of this section constitutes a simple misdemeanor punishable through the imposition of a minimum fine of not less than two hundred fifty dollars ($250.00) but not more than eight hundred fifty-five dollars ($855.00). Each day that a violation occurs or is permitted to exist by the violator constitutes a separate offense. (Section 55.02 – Ord. 3008 – Nov. 21 Supp.) 55.03 LIVESTOCK NEGLECT. It is unlawful for a person who impounds or confines livestock in any place to fail to provide the livestock with care consistent with customary animal husbandry practices or to deprive the livestock of necessary sustenance or to injure or destroy livestock by any means that causes pain or suffering in a manner inconsistent with customary animal husbandry practices. (Code of Iowa, Sec. 717.2) 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, legal, permitted, commercial boarding or veterinary care 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. (Section 55.04 – Ord. 3118 – Jul. 24 Supp.) 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. 5 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. 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, or otherwise abandon such dog or cat. 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. 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. 6 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 and control the same from running at large. It is the duty of every person owning a dog to: 1. Confinement. Confine said dog by sufficient means to prevent, avoid, and assure the dog does not leave the property of the owner or that person’s property that is responsible for the dog’s care, unless the dog is under control or restrained as provided in this chapter. 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. 3. Restraint. Properly restrain the dog in a motor vehicle or house, or in a veterinary hospital or registered kennel. 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. 7 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 a law enforcement official. It is the duty of physicians and veterinarians to report to the state 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 AND QUARANTINE. If information is received that an animal has bitten a person or that a dog or animal is suspected of having rabies, the owner shall be ordered to confine such animal for a minimum of 10 days in such a manner to ensure the animal has no contact with any other person who is not an owner of the animal. If the owner fails to confine such animal in the manner directed, the animal shall be apprehended and impounded for 10 days. After 10 days if the animal is confirmed not to have rabies, and if the animal is not reclaimed by the owner, the animal may be released for adoption or humanely destroyed. The owner shall pay any costs associated with the impoundment and quarantine. 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 found at large shall be seized and impounded at any animal shelter contracted by the City to provide such services. Any cat found at large or captured by any resident may be delivered by the resident to any animal shelter contracted by the City to provide such services. 55.19 DISPOSITION OF ANIMALS. 1. Licensed 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 7 days after notice, ownership of the dogs or cats will be transferred to the animal shelter contracted by the City to provide such services and humanely destroyed or placed for adoption in the discretion of the animal shelter. 2. Unlicensed Animals; Impounded unlicensed dogs and cats may be recovered by the owner, upon proper identification, by payment of all costs associated with the impounding of the animal. The owners shall also register the animal with the City as soon as possible upon reclaiming. If such dogs or cats are not claimed within 4 days after impounding, ownership of the dogs or cats will be transferred to the animal shelter contracted by the City to provide such services. 55.20 PET AWARDS PROHIBITED. (Code of Iowa, Ch. 717E) 8 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. 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. 9 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. 55.23 FALSE REPRESENTATION OF SERVICE ANIMAL. A person commits the offense of intentional misrepresentation of an animal as a service animal or a service-animal-in-training if, for the purpose of obtaining any of the rights or privileges set forth in State or federal law, the person intentionally misrepresents an animal in one’s possession as one’s service animal or service-animal-in-training or a person with a disability’s service animal or service-animal-in-training whom the person is assisting by controlling. (Code of Iowa, Section 216C.11(3)(B)) (Section 55.23 – Ord. 3150 – Sep. 25 Supp.) Section 2. Repealer. All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. Section 3. 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 4. 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 ____ day of ____________, 2026, and approved this ____ day of ____________, 2026. Courtney Clarke, Mayor Attest: Rebecca D. Schuett, City Clerk CHAPTER 55 ANIMAL PROTECTION AND CONTROL 55.01 Definitions 55.13 Leashing Dogs 55.02 Animal Neglect 55.14 Licensing Dogs and Cats 55.03 Livestock Neglect 55.15 Immunization 55.04 Number of Animals and Domestic Fowl Limited 55.16 Owner’s Duty 55.05 Sanitation of Premises 55.17 Confinement 55.06 Removal of Animal Feces 55.18 Impounding 55.07 Abandonment of Cats and Dogs 55.19 Disposition of Animals 55.08 Abandoning Animals 55.20 Pet Awards Prohibited 55.09 Livestock 55.21 Tampering With A Rabies Vaccination Tag 55.10 At Large Prohibited 55.22 Tampering With An Electronic Handling Device 55.11 Damage or Interference 55.23 False Representation of Service Animal 55.12 Annoyance or Disturbance 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. 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) 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) 19. “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 55.01 – Ord. 3118 – Jul. 24 Supp.) 55.02 ANIMAL NEGLECT. 1. It is unlawful for a person who owns or has custody of an animal and or confines that animal to fail to provide the animal with any of the following conditions for the animal’s welfare: (Code of Iowa, Sec. 717B.3) A. Access to food in an amount and quality reasonably sufficient to satisfy the animal’s basic nutrition level to the extent that the animal’s health or life is endangered. B. Access to a supply of potable water in an amount reasonably sufficient to satisfy the animal’s basic hydration level to the extent that the animal’s health or life is endangered. Access to snow or ice does not satisfy this requirement. C. Sanitary conditions free from excessive animal waste or the overcrowding of animals to the extent that the animal’s health or life is endangered. D. Ventilated shelter reasonably sufficient to provide adequate protection from the elements and weather conditions suitable for the age, species, and physical condition of the animal so as to maintain the animal in a state of good health to the extent that the animal’s health or life is endangered. The shelter must protect the animal from wind, rain, snow, or sun and have adequate bedding to provide reasonable protection against cold and dampness. A shelter may include a residence, garage, barn, shed, or doghouse. E. Grooming, to the extent it is reasonably necessary to prevent adverse health effects or suffering. F. Veterinary care deemed necessary by a reasonably prudent person to relieve an animal’s distress from any of the following: (1) A condition caused by failing to provide for the animal’s welfare as described in this section. (2) An injury or illness suffered by the animal causing the animal to suffer prolonged pain and suffering. 2. This section does not apply to any of the following: A. A person operating a commercial establishment under a valid authorization issued or renewed under Section 162.2A of the Code of Iowa, or a person acting under the direction or supervision of that person, if all of the following apply: (1) The animal, as described in Subsection 1, was maintained as part of the commercial establishment’s operation. (2) In providing conditions for the welfare of the animal, as described in Subsection 1, the person complied with the standard of care requirements provided in Section 162.10A[1] of the Code of Iowa, including any applicable rules adopted by the Department of Agriculture and Land Stewardship applying to: (i) a State licensee or registrant operating pursuant to Section 162.10A[2a] or [2b] of the Code of Iowa; or (ii) a permittee operating pursuant to Section 162.10A[2c] of the Code of Iowa. B. A research facility if the research facility has been issued or renewed a valid authorization by the Department of Agriculture and Land Stewardship pursuant to Chapter 162 of the Code of Iowa, and performs functions within the scope of accepted practices and disciplines associated with the research facility). 3. Penalty. A violation of this section constitutes a simple misdemeanor punishable through the imposition of a minimum fine of not less than two hundred fifty dollars ($250.00) but not more than eight hundred fifty-five dollars ($855.00). Each day that a violation occurs or is permitted to exist by the violator constitutes a separate offense. (Section 55.02 – Ord. 3008 – Nov. 21 Supp.) 55.03 LIVESTOCK NEGLECT. It is unlawful for a person who impounds or confines livestock in any place to fail to provide the livestock with care consistent with customary animal husbandry practices or to deprive the livestock of necessary sustenance or to injure or destroy livestock by any means that causes pain or suffering in a manner inconsistent with customary animal husbandry practices. (Code of Iowa, Sec. 717.2) 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, legal,permitted, commercial boarding or veterinary care 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. (Section 55.04 – Ord. 3118 – Jul. 24 Supp.) 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. 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, or otherwise abandon such dog or cat. 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 and control 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 to prevent, avoid, and assure the dog does not leave the property of the owner or that person’s property that is responsible for the dog’s care, unless the dog is under control or restrained as provided in this chapter.. 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. An owner who Maintain maintains control by obedience beside or “at heel,” may be exempt from conditions of Subsections 1 through 3 as long as the dog remains under control and restraint at all times while outside of the owners premises.,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 department ora law enforcement official. It is the duty of physicians and veterinarians to report to the local state 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 AND QUARANTINE. If a local board of health receives information is received that an animal has bitten a person or that a dog or animal is suspected of having rabies, the board shall order the owner shall be ordered to confine such animal for a minimum of 10 days in such a manner to ensure the animal has no contact with any other person who is not an owner of the animalin the manner it directs. If the owner fails to confine such animal in the manner directed, the animal shall be apprehended and impounded for 10 days. by such board. , and aAfter 10 days if the animal is confirmed not to have rabies, and if the animal is not reclaimed by the owner, the board animal may be released for adoption or humanely destroyed the animal. If such animal is returned to its owner, tThe owner shall pay the any costs associated with the of impoundment and quarantine. 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 at any animal shelter contracted by the City to provide such services. Any cat found at large or captured by any resident may be delivered by the resident to any animal shelter contracted by the City to provide such services. 55.19 DISPOSITION OF ANIMALS. 1. Licensed 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 7 days after notice, ownership of the dogs or cats shall be disposed of by the Police Chiefwill be transferred to the animal shelter contracted by the City to provide such services and humanely destroyed or placed for adoption in the discretion of the animal shelter. 2. Unlicensed Animals; Impounded unlicensed dogs and cats may be recovered by the owner, upon proper identification, by payment of the license fee andall costs associated with the impounding costsof the animal. The owners shall also register the animal with the City as soon as possible upon reclaiming. If such dogs or cats are not claimed within 10 4 days after impounding, they shall be disposed of by the Police Chiefownership of the dogs or cats will be transferred to the animal shelter contracted by the City to provide such services. 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. 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. 55.23 FALSE REPRESENTATION OF SERVICE ANIMAL. A person commits the offense of intentional misrepresentation of an animal as a service animal or a service-animal-in-training if, for the purpose of obtaining any of the rights or privileges set forth in State or federal law, the person intentionally misrepresents an animal in one’s possession as one’s service animal or service-animal-in-training or a person with a disability’s service animal or service-animal-in-training whom the person is assisting by controlling. (Code of Iowa, Section 216C.11(3)(B)) (Section 55.23 – Ord. 3150 – Sep. 25 Supp.)