HomeMy WebLinkAbout2021-06-30-2171
AN ORDINANCE TO CONTROL ANIMALS CLASSIFIED AS DANGEROUS, OR
VICIOUS IN NATURE IN THE CITY OF WAUKEE, IOWA.
§217.1 Definitions.
Animal. Animal means every wild, tame or domestic member of the animal kingdom other
than the genus and species Homo Sapiens.
Dangerous Animal. Dangerous animal means (a) any animal which is not naturally tame or
gentle, and which is of a wild nature of dissipation, and which is capable of killing, inflicting serious
injury upon, or causing disease among, human beings or domestic animals and having known
tendencies as a species to do so; (b) any animals declared to be dangerous by the Board of Health or
the City Council or its designee; (c) the following animals which shall be deemed to be dangerous
animals per se:
A. Wolves and coyotes.
B. Badgers, wolverines, weasels, mink, and other mustelids (except ferrets)
C. Bears
D. All apes (including chimpanzees), baboons, and macaques.
F. Monkeys, except the squirrel monkey.
G. Elephants
H. Wild Boar
I. Black widow spiders and scorpions
J. Snakes which are naturally venomous or poisonous
K. All cats, except domestic cats (Carnivore of the family Felidae including but not
limited to lions, cougars, tigers, jaguars, leopards, lynx, bobcats, etc.)
L. Raccoons, opossums, and skunks
M. Alligators and crocodiles
N. Buffalo.
[June 12, 1984]
Dog. Dog shall mean and include members of the canine species, male or female, whether
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neutered or not.
Horse. Horse shall mean a large solid-hoofed herbivorous mammal (Equus cabballus).
Health Department. Health Department shall mean the Health department of the City of
Waukee or the County having jurisdiction.
Kennel. 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 (1) dog or cat, on vacant property or on property used for business or
commercial purposes, shall constitute a kennel. The keeping of not more than three
(3) dogs and three (3) 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 (3) and three (3) cats in a residential district on the effective
date of this ordinance, registered as required by ordinance, may continue to keep such
dogs or cats during the pet’s lifetime.
September 24, 2001 – Ordinance #2355
Owner or Owner of an Animal. Owner or Owner of an animal shall be intended to mean
any person or persons, firm, association or corporation, owning, keeping, sheltering
or harboring an animal.
Person. Person means any individual, association, partnership, or corporation, and includes
any officer, employee, or agency thereof.
Pet Shop. Pet shop means any person, partnership or corporation engaged in the business of
breeding, buying, selling or boarding animals of any species, except the operation of
a kennel, agriculture or wild life pursuits.
Riding School or Horse Stable. Riding School or Horse Stable means any person,
partnership or corporation engaged in the business of teaching persons to ride horses,
or providing horses to ride for a fee.
Vicious Animal. Vicious animal means any animal, except for a dangerous animal per se, as
listed above, while running at large that has attacked or bitten any person without
provocation, or any animal that has exhibited vicious propensities in present or past
conduct, while running at large that has attacked or bitten any person without
provocation, or any animal that has exhibited vicious propensities in present or past
conduct, while running at large, (a) by biting a person or persons on two separate
occasions within a twelve (12) month period; or (b) did bite once causing injuries
above the shoulders of the person; or (c) could not be controlled or restrained by
owner at the time of the bite to prevent the occurrence; or (d) has attacked or bitten
any domestic animal or fowl on two separate occasions within a twelve (12) month
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period, or (e) which has been found to possess such a propensity by the City Council,
after hearing.
Meaning of Certain Words. Words used in a singular include the plural, and the plural the
singular, the masculine gender includes the feminine and the feminine the masculine.
§217.2 Running at Large Prohibited. It shall be unlawful for the owner to allow
such animals including but not limited to cats, dogs, cattle, horses, swine, sheep, fowl, or any animal
defined as dangerous or vicious by this ordinance, to run at large within the corporate limits of the
City. The owner shall be held responsible and subject to penalty.
§217.3 Keeping of Dangerous Animals Prohibited. No person shall keep, shelter,
or harbor any dangerous animal as a pet, or act as a custodian temporary or otherwise for such
animal, or keep such animal for any other purpose or in any other capacity within the City of Waukee
except as provided in §217.4 of this Code.
While the following animals are not declared by this ordinance to be dangerous per se, (a)
constricting snakes exceeding six feet in length, and (b) lizards exceeding two feet in length, the
owners of such animals shall, within two hours of knowledge of the possibility of such an animal
being "at large" within the community, notify the Police Department of the City of Waukee.
§217.4 Dangerous Animal Exceptions. The prohibition contained in §217.3 of this
Code shall not apply to the keeping of dangerous animals in the following circumstances:
A. The keeping of dangerous animals in a public zoo, bona-fide educational or medical
institution, humane society, or museum where they are kept as live specimens for the
public to view, or for the purpose of instruction, research or study.
B. The keeping of dangerous animals for exhibition to the public by a circus, carnival,
exhibit or show where such circus carnival exhibit or show is of a traveling nature, is
displayed before large assemblages of people, and maintains any and all required
federal or state licenses.
C. The keeping of dangerous animals in a bona-fide, licensed veterinary hospital for
treatment.
D. The keeping of dangerous animals by a wildlife rescue organization with appropriate
permit from the Iowa Conservation Commission.
E. Any dangerous animals under the jurisdiction of and in the possession of the Iowa
Conservation Commission, pursuant to Chapters 109 and 109A of the Iowa Code.
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§217.5 Seizure, Impoundment and Disposition of Dangerous Animals.
A. In the event that a dangerous animal is found at large and unattended upon public
property, park property, public right-of-way or the property of someone other than its
owner, thereby creating a hazard to person or property, such animal may, in the
discretion of the Waukee City Clerk or the Chief of Police, be destroyed if it cannot
be confined or captured. The City of Waukee shall be under no duty to attempt the
confinement or capture of a dangerous animal found at large, nor shall it have a duty
to notify the owner of such animal prior to its destruction.
B. Upon the written complaint of any individual that a person is keeping, sheltering or
harboring a dangerous animal on premises located in the City of Waukee, the
Waukee City Clerk shall cause the matter to be investigated, and if after
investigation, the facts indicate that the person named in the complaint is keeping,
sheltering or harboring a dangerous animal in the City, the Waukee City Clerk shall
order the person named in the complaint to safely remove such animal from the City
of Waukee, and permanently place the animal with an organization or group allowed
under §217.4 of this Code to possess dangerous animals, or destroy the animal,
within three days of the receipt of such order. Such order shall be contained in a
notice to remove the dangerous animal, which notice shall be given in writing to the
person keeping, sheltering or harboring the dangerous animal, and shall be served
personally or by certified mail. Such order and notice to remove the dangerous
animal sheltering all not be required where such dangerous animal has previously
caused serious physical harm or death to any person in which case the Waukee City
Clerk shall cause the animal to be immediately seized and impounded or killed if
seizure and impoundment are not possible without risk of serious physical harm or
death to any person.
C. The order to remove a dangerous animal issued by the animal control officer may be
appealed to the City Council. In order to appeal such order, written notice of appeal
must be filed with the City Clerk within three (3) days after receipt of the order
contained in the notice to remove dangerous animal. Failure to file such written
notice of appeal shall constitute a waiver of right to appeal the order of the animal
control officer.
D. The notice of appeal shall state the grounds for such appeal and shall be delivered
personally or by certified mail to the City Clerk. The hearing of such appeal shall be
scheduled within seven days of the receipt of notice of appeal. After such hearing,
the City Council may affirm or reverse the order of the animal control officer. Such
determination shall be contained in a written decision and shall be filed with the City
Clerk within three days after the hearing, or any continued session thereof.
E. If the City Council affirms the action of the animal control officer, the Council shall
order in its written decision that the individual or entity owning, sheltering,
harboring, or keeping such dangerous animal, remove such animal from the city,
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permanently place such animal with an organization or group allowed under Section
217.4 of this Code to possess dangerous animals, or destroy it. The decision and
order shall immediately be served upon the person or entity against who rendered in
the same manner as the notice of removal. If the original order of the animal control
officer is not appealed and is not complied with within three (3) days or the order of
the City Council after appeal is not complied with within three (3) days of its
issuance, the animal control officer is authorized to seize and impound such
dangerous animal. An animal so seized shall be impounded for a period of seven (7)
days. If at the end of the impoundment period, the individual of entity against whom
the decision and order of the City Council was issued has not petitioned the Polk
County District Court for review of said order, the City shall cause the animal to be
disposed of by sale, permanently place such animal with an organization or group
allowed under Section 217.4 of this Code to possess dangerous animals, or destroy
such animal in a humane manner. Failure to comply with an order of the City issued
pursuant hereto shall constitute a misdemeanor offense.
§217.6 Keeping of Vicious Animals Prohibited. No person shall keep, shelter or
harbor for any reason within the City a vicious animal so defined herein, except as provided in
Section 217.7 of this Code.
§217.7 Vicious Animal Exceptions. The prohibition contained in Section 217.6 of
this Code shall not apply to the keeping of vicious animals in the following circumstances.
A. Animals under the control of a law enforcement or military agency.
B. The keeping of guard dogs. However, guard dogs must be kept within a structure of
fixed enclosure at all times, and any guard dog found at large may be processed as a
vicious animal pursuant to the provisions of Section 217.8 of this Code. Any
premises guarded by a guard dog shall be prominently posted with a sign containing
the wording "Guard Dog", "Vicious Dog", or words of similar import, and the owner
of such premises shall inform the Chief of Police that a guard dog is on duty at such
premises.
§217.8 Seizure, Impoundment and Disposition of Vicious Animals.
A. The animal control officer of his designee, in his discretion or upon receipt of a
complaint alleging that a particular animal is a vicious animal as defined herein, may
initiate proceedings to declare such animal a vicious animal. A hearing on the matter
shall be conducted by the City Council. The person, firm, or corporation owning,
keeping, sheltering, or harboring the animal in question shall be given not less than
72 hours written notice of the time and place of said hearing. Said notice shall set
forth the description of the animal in question and the basis for the allegation of
viciousness. The notice shall also set forth that if the animal is determined to be
vicious, the owner will be required to remove it from the city or allow it to be
destroyed. The notice shall be served upon any adult residing at the premises where
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the animal is located, or may be posted on those premises if no adult is present to
accept service.
B. If, after hearing, the City Council determines that an animal is vicious, the Council
shall order the person, firm, or corporation owning, sheltering, harboring or keeping
the animal to remove it from the city, or to cause it to be destroyed in a humane
manner. The order shall immediately be served upon the individual or entity against
who issued in the same manner as the notice of hearing. If the order is not complied
with within three (3) days of its issuance, the animal control officer is authorized to
seize and impound the animal. An animal so seized shall be impounded for a period
of seven days. If at the end of the impoundment period, the individual or entity
against whom the order of the City Council was issued has not petitioned the Polk
County District Court for a review of said order, the animal control officer shall
cause the animal to be destroyed.
C. Failure to comply with an order of the Council issued pursuant hereto shall constitute
a misdemeanor offense.
D. Any animal found at large which displays vicious tendencies may be processed as a
vicious animal pursuant to the foregoing, unless the animal is so vicious that it cannot
safely be apprehended, in which case the animal control officer may immediately
destroy it or unless its ownership is not ascertainable, in which case the animal
control officer may destroy if after three (3) days impoundment.
E. Any animal which is alleged to be vicious and which is under impoundment or
quarantine at the animal shelter shall not be released to the owner, but shall continue
to be held at the expense of the owner pending the outcome of the hearing. All costs
of such impoundment or quarantine shall be paid by the owner if the animal is
determined to be vicious. If the animal is not determined to be vicious, all costs of
such impoundment or quarantine shall be paid by the City.
F. No person shall aid or cause any animal, whether owned by such person or not, to
escape confinement or impoundment, whether such confinement or impoundment be
upon such person's property or that of another, by opening any gate, door, or window,
by making an opening in any fence, enclosure, or structure, or by unleashing such
animal.
G. It shall be the duty of every person owning or having the custody or control of an
animal to physically restrain the animal within an enclosure or upon a leash when
such animal is left unattended outside or is not at heel. The animal must be
restrained so as to prevent the animal from leaving the premises of its owner or from
coming in contact with public right-of-way or the property of another. Failure to
restrain an animal pursuant to the foregoing shall constitute a misdemeanor.
H. It shall be prohibited for any person in any manner to interfere with any employee or
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designated representative of the City, so as to hinder, delay, or prevent his executing
his duties in relation to the matters and things contained in this chapter.
I. 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 twenty-four 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 water-tight and fly-tight
containers pending disposal and shall be disposed of at least once weekly. 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. 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.
J. 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 (3) days.
§217.9 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 hereof not adjudged invalid or
unconstitutional.
[June 12, 1984]