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HomeMy WebLinkAbout2016-09-06-J05 Ordinance - Dog Impounding INTRO; 1ST-3RD READ AGENDA ITEM: CITY OF WAUKEE, IOWA CITY COUNCIL MEETING COMMUNICATION MEETING DATE: September 6, 2016 AGENDA ITEM: Consideration of approval of an ordinance to amend Chapter 208, Waukee Municipal Code, Regulation of the Licensing, Impounding, Immunization and Keeping of Dogs, by amending Section 208.6, Impounding [introduction; first, second, third (final) readings] FORMAT: Ordinance SYNOPSIS INCLUDING PRO & CON: An omission was recently discovered in the City’s dog impounding ordinance wherein the City is authorized to impound unlicensed dogs or licensed, non-immunized dogs found at large – but not to impound a licensed, immunized dog at large. The ordinance has been revised to state that any dog found at large will be impounded. The length of time for which an impounded dog is held has also been revised from seven (7) to ten (10) days in accordance with current practice. FISCAL IMPACT INCLUDING COST/BENEFIT ANALYSIS: COMMISSION/BOARD/COMMITTEE COMMENT: STAFF REVIEW AND COMMENT: City staff considers the ordinance a housekeeping matter and recommends approval of the first reading of the ordinance in title only and waiver of the second and third readings. The Code of Iowa requires a vote of not less than three-fourths of all the members of the council (or 4 out of 5, in Waukee’s case) in order to waive readings of an ordinance. RECOMMENDATION: Introduce the ordinance in title only, approve the first reading in title only, waive the second and third readings, and place the ordinance on final passage. ATTACHMENTS: I. Proposed Ordinance PREPARED BY: Becky Schuett REVIEWED BY: PUBLIC NOTICE INFORMATION – NAME OF PUBLICATION: DATE OF PUBLICATION: 1 ORDINANCE NO. AN ORDINANCE TO AMEND CHAPTER 208, WAUKEE MUNICIPAL CODE, REGULATION OF THE LICENSING, IMPOUNDING, IMMUNIZATION AND KEEPING OF DOGS, BY AMENDING SECTION 208.6, IMPOUNDING WHEREAS, it is necessary to amend Section 208.6 within Chapter 208, Waukee Municipal Code, in order to accurately describe City of Waukee dog impounding procedures. BE IT ORDAINED by the City Council of the City of Waukee: Section 1. Chapter 208, Waukee Municipal Code, Section 208.6, should be and the same is hereby repealed and enacted in lieu thereof as follows: §208.6 Impounding. A. Any dog found at large shall be seized and impounded. B. The owners of licensed dogs, if known, shall be notified in writing not less than two (2) days following impoundment that upon payment of impounding costs such dogs will be returned. If the impounded licensed dogs are not recovered by their owners within ten (10) days after notice, the dogs shall be disposed of by the Marshall. C. Impounded unlicensed dogs may be recovered by the owner, upon proper identification, by payment of the license fee and impounding costs. If such dogs are not claimed within ten (10) days after impounding, they shall be disposed of by the Marshall. 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, provision, or part thereof not adjudged invalid or unconstitutional. Section 4. Effective Date. This ordinance shall be in effect upon its final passage, approval and publication as provided by law. Passed by the City Council of the City of Waukee, Iowa, this ___ day of _______, 2016, and approved this this ___ day of ______, 2016. 2 William F. Peard, Mayor Attest: Rebecca D. Schuett, City Clerk