HomeMy WebLinkAbout1984-06-12-Ordinance 2039_Animal Control, Dangerous or ViciousORDINANCE NO.2039
AN ORDINANCE TO CONTROL ANIMALS CLASSIFIED AS DANGER-
OUS,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.
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DANGEROUS ANIMAL.Dangerous animal means (a)any
animal which is not naturally tame or gentle,and which is
of a wild nature or dispotion,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
Ci ty Councilor its des ignee;(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
E.All apes (incl uding 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
family Felidae
lions,cougars,
bobca ts,e t.c,)
domestic cats (Carnivora of 'the
including but not limited to
tigers,jaguars,leopards,lynx,
L.Raccoons,oppossums,and skunks
M.Alligators and crocodiles
N.Buffalo.
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DOG.Dog shall mean
canine species,
neutered or not.
and include
male or
members
female,
of the
whether
HORSE.Horse 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.Kennel shall mean any premises on which four
(4)or more dogs,or four (4)or more cats,six
(6)months old or older,are kept or raised
solely for the bona fide purpose of sale and
which are kept under constant restraint.
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 breed-
ing,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 provacation,or
any animal that has exhibited vicious propensi-
ties 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
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(c)could not be controlled or restrained by
the 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 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 the singular
include the plural,and the plural the singu-
lar,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
1 imi ts of the Ci ty.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 prohi-
bition 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 publ ic by a circus,carnival,exhibitor
show where such circus carnival exhibit or show
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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 bonafide,
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.
§2l7.5.Seizure,
Dangerous Animals.
Impoundmen t and Dispos it ion of
A.In the event that a dangerous animal is found at
large and unattended upon pub Li c 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 \'1aukee Ci ty 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 th is 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
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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 shall 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
Ci ty 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 dang-
erous 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 wi thin seven
days of the recedipt of notice of appeal.After
such hearing,the City Council may affirm or re-
verse the order of the animal control officer.
Such determination shall be contained in a writ-
ten decision and shall be filed with the City
Clerk within three days ater the hearing,or any
continued session thereof.
E.If the City Council affirms the action of the an-
imal control officer,the Council shall order in
its written decision that the individual or enti-
ty owning,sheltering,harboring,or keeping such
dangerous animal,remove such animal from the
city,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 immedi-
ately be served upon the person or entity against
whom rendered in the same manner as the notice of
removal.If the or ig inal order of the animal
control officer is not appealed and is not
complied with within three (3)days or the order
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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 or entity against whom the
decision and order of the City Council was issued
has not petitioned the Polk County District Court
for a review of said order,the City shall cause
the animal to be disposed of by sale,perman-
ently 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,shel ter or harbour 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.
tion contained in Section 217.6 of this
apply to the keeping of vicious animals
circumstances:
The
Code
in the
prohibi-
shall not
following
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 enclos-
ure at all times,and any guard dog found at
large may be processed as a vicious animal pursu-
ant 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 Chj ief of Police that a guard
dog is on duty at such premises.
§217.8 Seizure,
vicious Animals.
Impoundment and Disposition of
A.The
his
animal con trol
discretion or
officer or his
upon receipt of
designee,in
a complaint
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alleging that a particular animal is a vicious
animal as defined herein,may initiate proceed-
ings 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 re-
quired 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 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,
shel tering,harboring or keeping the animal to
remove it from the city,or to cause it to be
des troyed in a humane manner.The order shall
immediately be served upon the individual or en-
tity against whom issued in the same manner as
the notice of hearing.If the order is not com-
plied 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
issued pursuant hereto
demeanor offense.
an order of the
shall constitute
Council
a mis-
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,
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in which case the animal control officer may
immediatly destroy it or unless its ownership is
not ascertainable,in which case the animal con-
trol officer may destroy it 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 ex-
pense of the owner pending the outcome of the
hearing.All costs of such impoundment or quar-
antine 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 animmal,whether
owned by such person or not,to escape confine-
ment 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,en-
closure,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 animmal to
physically restrain the animal within an enclos-
ure 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 ani-
mal pursuant to the foregoing shall constitute a
misdemeanor.
H.It shall be prohibited for any person in any man-
ner to interfere with any employee or designated
representative of the City,so as to hinder,de-
lay,or prevent his executing his duties in rela-
tion 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
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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 dis-
posal and shall be disposed of at least once
weekly.The animal and place where the annimal
is maintined shall also be kept free of obnoxious
odors and shall be maintained so as not to at-
tract or permit the harborage or breeding of
flies and other insects or rodents or other ver-
min.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 ro-
dents 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.
§217.1D When Effective.This ordinance shall be
in effect from and after its final passage,approval and
publication as provided by law.
Passed by the Council
Approved this !?-day
of June,1984,
,1984.
and
Christianson
Y 0 R
Gordon
M A
Attest:
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