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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. -, 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. -1- 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 -2- (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 -3- 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 -4- 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 -5- 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 -6- 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, -7- 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 -8- 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: -9-