HomeMy WebLinkAbout2021-11-01-J04 Animal Neglect Minimum Penalty_3RD READAGENDA ITEM:
CITY OF WAUKEE, IOWA
CITY COUNCIL MEETING COMMUNICATION
MEETING DATE: November 1, 2021
AGENDA ITEM:Consideration of approval of an ordinance to amend Section 55.02, Waukee
Municipal Code, to establish a minimum penalty for animal neglect violations
under Waukee Municipal Code [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:
J4
ORDINANCE NO. ____
AN ORDINANCE TO AMEND SECTION 55.02, WAUKEE MUNICIPAL CODE, TO
ESTABLISH A MINIMUM PENALTY FOR ANIMAL NEGLECT VIOLATIONS
UNDER THE WAUKEE MUNICIPAL CODE
WHEREAS, the Section 55.02 of the Waukee Municipal Code provides that it is unlawful
to neglect an animal as more particularly specified in the ordinance; AND
WHEREAS, a violation of Section 55.02 of the Waukee Municipal Code constitutes a
simple misdemeanor currently carrying with it a penalty ranging from $105.00 to $855.00, as may
be determined by the Court; AND
WHEREAS, the City has considered the impact of such violations on the animals involved,
the burdens on the community, the financial costs to the City and the desire to assure that would-be
violators are discouraged from engaging in such behavior; AND
WHEREAS, the City believes that animal neglect violations charged under City Code
warrant a more sever minimum penalty; AND
BE IT THEREFORE ORDAINED by the City Council of the City of Waukee does
hereby amend Section 55.02 of the Waukee Municipal Code:
Section 1: Section 55.02, Waukee Municipal Code, should be and the same is hereby
repealed and enacted in lieu thereof is as follows:
55.02 ANIMAL NEGLECT.
1. It is unlawful for a person who owns or has custody of an animal and 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 162of 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 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 _____________________ 2021, and approved this
_____ day of _____________________ 2021.
Courtney Clarke, Mayor
Attest:
Rebecca D. Schuett, City Clerk