ARTICLE II. DOGS*
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*Cross references: Dogs at park and recreation facilities, § 74-100.
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Sec. 18-41. Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Chief of police means the legally designated chief of the police department or a designated representative.
Director of public health means the county health center director or a designated representative acting in behalf of the city.
Dog means and includes both male and female animals of the canine species.
Owner means any person owning, keeping or harboring a dog.
Vicious dog means:
(1) Any dog which has attacked a human being or domestic animal one or more times, without provocation;
(2) Any dog with a history, tendency or disposition to attack, to cause injury or to otherwise endanger the safety of human beings or domestic animals;
(3) Any dog that snaps, bites, or manifests a disposition to snap or bite;
(4) Any dog that has been trained for dog fighting, animal fighting or animal baiting or is owned or kept for such purposes;
(5) Any dog trained to attack human beings, upon command or spontaneously in response to human activities, except dogs owned by and under the control of the police department, a law enforcement agency of the state or of the United States or a branch of the armed forces of the United States;
(6) Staffordshire terrier breed of dog;
(7) The American pit bull terrier breed of dog;
(8) The American Staffordshire terrier breed of dog; or
(9) Any dog which has the appearance and characteristics of being predominately of the breeds of Staffordshire terrier, American pit bull terrier, American Staffordshire terrier.
(C42, §§ 114-6, 114-9; O.5385, 5506; C54, § 5-19; O.6002; C62, § 5-19; C75, § 7-13; O.9097; C79, § 7-13; O.9828; C85, § 7-13; O.11,095; C91, § 7-13; O.11,914)
Cross references: Definitions generally, § 1-2.
Sec. 18-42. License required.
The owner of every dog six months old or over, except dogs owned by the operator of a state or federally licensed kennel and kept in that kennel, shall annually obtain a license as provided in this article.
(C42, § 114-10; O.5225, 5385, 5506; C54, C62, § 5-32; O.7499, 8439, 8722; C75, C79, C85, § 7-14; O.11,403; C91, § 7-14; O.13,378)
Sec. 18-43. License fee.
(a) The annual license fee for each dog shall be in the amounts set in the schedule of fees adopted by the city council by resolution. An applicant claiming that such dog is spayed or neutered shall present as evidence a certificate from a qualified veterinarian which contains the name and address of the owner and the name, color, sex and breed of the dog. The proper fee shall be presented or sent with the application. No license shall be issued until the fee is paid in full.
(b) A dog owner who is 65 years of age or older may, upon application for a dog license, be issued a license for one dog per household for a reduced fee in the amount set in the schedule of fees adopted by city council by resolution. The fee for additional dogs shall be at the full rate.
(C42, §§ 114-10, 114-11; O.5225, 5385, 5506; C54, §§ 5-33, 5-40; O.6005; C62, §§ 5-33, 5-40; O.8089, 8439, 8748; C62, §§ 5-36, 5-40; C75, § 7-15; O.9097, 9376; C79, § 7-15; O.10,347; C85, § 7-15; O.11,403; C91, § 7-15; O.13,378, 14,155, 14,462)
Sec. 18-44. License application; form.
(a) The owner of a dog for which a license is required shall, on or before January 1 each year, apply to the city clerk, his or her designee, or any business in Des Moines approved by the city clerk, for a license for each dog owned by him or her.
(b) Such application for a license may be made after January 1 and at any time for a dog which has come into the possession or ownership of the applicant or which has reached the age of six months after January 1.
(c) Any business in Des Moines that is approved by the city clerk to sell animal licenses may charge an additional service fee in the amount set in the schedule of fees adopted by the city council by resolution. This subsection does not apply to dogs defined as vicious under section 18-41 of this article, nor to applications for transfer of ownership of a dog under section 18-48 of this article, nor to applications for transfer of a license from one city or county to the City of Des Moines under section 18-49 of this article.
For purposes of determining whether a dog is vicious by breed as defined under section 18-41 of this article the opinion of the city veterinarian or a veterinarian who is an agent or employee of a contractor will control.
(d) The owner of any dog defined as vicious under section 18-41 of this article shall comply with section 18-56 of this article at the time an application for license is made under this section
(e) Such application shall be in writing on blanks provided by the city clerk or his or her designee and shall state the breed, sex, age, color, and name of the dog and the address, phone number, and signature of the owner. Such application shall also state the date of the most recent rabies vaccination and the date the dog shall be revaccinated.
(f) An application to license a vicious dog must include, in addition to the information required in subsection (d) of this section, presentation by the applicant of a certificate of insurance issued by an insurance company licensed to do business in this state, providing personal liability insurance coverage as in a homeowner’s policy, with a minimum liability amount of $100,000.00 for the injury or death of any person, for damage to property of others and for acts of negligence by the owner or his or her agents, in the keeping or owning of such vicious dog. The certificate shall require notice to the city, in conformity with general city standards for certificates of insurance, if the underlying policy of insurance is cancelled for any reason. In lieu of such a certificate, a copy of a current homeowner’s policy designating these requirements shall be sufficient proof of insurance for purposes of this subsection. If a certificate of insurance or policy is not immediately available, a binder indicating the coverage may be accepted for up to 30 days subsequent to the determination that a dog is vicious; however, if after 30 days a certificate of insurance or a policy has not been submitted, the dog shall be deemed unlicensed and subject to sections 18-58 and 18-59, as applicable.
(C62, §§ 5-33, 5-34, 5-35; O.8439; C75, C79, C85, § 7-16; O.10,867, 11,095, 11,403, 11,558; C91, § 7-16; O.11,914, 13,320, 13,378, 14,155, 14,415, 14,462)
Sec. 18-44.01. Insurance on vicious dogs not licensed.
The owner of every dog which is defined as vicious under section 18-41 of this article, or which is both vicious and under six months of age, or is vicious and not licensed shall maintain insurance as set forth in section 18-44(f) of this article.
(O.14,155, 14,677)
Sec. 18-45. Tag.
(a) The city clerk or his or her designee shall, upon receipt of the application for a dog license, deliver or mail to the applicant a license which shall be in the form of a metal tag stamped with the following information:
(1) The year for which it is issued.
(2) The name of the city.
(3) The tag number as shown in the records in the office of the city clerk.
(b) The size and shape of the tags shall be changed each year.
(c) The tag shall be attached by the owner to a substantial collar and, during the term of the license, shall be at all times kept on the dog for which the license is issued. Upon the expiration of the license the owner shall remove the tag from the dog.
(d) Upon the filing of an affidavit that the license tag has been lost or destroyed, the owner may obtain another tag on the payment to the city clerk or his or her designee a fee in the amount set in the schedule of fees adopted by the city council by resolution. The city clerk or his or her designee shall enter in the license record the new number assigned.
(C42, § 114-11; O.5225, 5385; C54, § 5-39; O.5903, 6002; C62, § 5-39; O.8439; C62, §§ 5-37, 5-38, 5-39, 5-39.02; C75, § 7-17; O.9097; C79, § 7-17; O.10,347; C85, § 7-17; O.11,403; C91, § 7-17; O.13,378, 14,155, 14,462)
Sec. 18-46. Expiration of license.
All dog licenses shall expire on December 31 of the year of the date of issuance.
(C62, § 5-39; O.8439; C75, C79, C85, § 7-18; O.11,403; C91, § 7-18)
Sec. 18-47. Service dogs.
A person with a disability who owns a dog specially trained at a recognized training facility to assist a person with such a disability shall, upon application and proof of such disability and that the dog has been so trained, be issued a dog license for such dog without charge.
(C62, § 5-40.01; O.7174; C75, C79, C85, § 7-20; O.11,403; C91, § 7-20; O.13,551)
Sec. 18-48. Transfer of license on change of ownership.
(a) When the ownership of a dog is transferred, the license may be transferred by the city clerk or his or her designee by notation on the license record, giving the name and address of the new owner. The city clerk or his or her designee, when making an ownership transfer, shall collect a fee in the amount set in the schedule of fees adopted by the city council by resolution .
(b) A license tag issued for one dog shall not be transferred to any other dog.
(C42, § 114-11; O.5225, 5385; C54, § 5-39; O.5903, 6002; C62, § 5-39; O.8439; C62, § 5-39.01; C75, § 7-21; O.9097; C79, C85, § 7-21; O.11,403; C91, § 7-21; O.14,155, 14,462)
Sec. 18-49. Transfer of license on change of residence.
(a) When a dog licensed in one county or city is permanently transferred to this city, the owner shall surrender the original license to the city clerk or his or her designee. The city clerk or his or her designee shall retain the surrendered tag and, without license fee, shall issue a new license tag pursuant to this article.
(b) The city clerk or his or her designee shall note on the license record the fact that the newly issued license tag is issued as a transfer and is in lieu of a surrendered license.
(C85, § 7-22; O.11,403; C91, § 7-22)
Sec. 18-50. Use of license fees collected.
All dog license fees collected by the city shall be credited to and deposited in the general funds of the city to be kept and used for the purpose of enforcing this chapter.
(C42, § 114-12; O.5385; C54, § 5-41; O.6002; C62, § 5-41; C75, § 7-23; O.9097; C79, C85, § 7-23; O.11,558; C91, § 7-23)
Sec. 18-51. License fee delinquency.
(a) Notwithstanding section 18-46 of this article, all fees for dog licenses shall become delinquent on April 1 of the year in which they are due and payable. A penalty in the amount set in the schedule of fees adopted by the city council by resolution shall be added to each unpaid license on and after the delinquent date except where the dog has been newly acquired or is under six months of age.
(b) The delinquent penalty will apply to a newly acquired dog and to a dog at least six months of age if a license is not obtained by the later of April 1 in the year in which the dog is acquired or reaches six months of age, or 30 days after the dog is acquired or reaches six months of age.
(c) No license shall be issued without the payment of the applicable fees. This section shall not be deemed to relieve an owner from criminal liability under section 18-42 of this article.
(C42, § 114-10; O.5225, 5385, 5506; C54, § 5-34; O.5903; C62, § 5-34; O.8089, 8349; C62, § 5-39.03; O.8694; C75, § 7-24; O.9097, 9176; C79, § 7-24; O.10,347, 10,366; C85, § 7-24; O.11,403; C91, § 7-24; O.12,075, 14,155, 14,462)
Sec. 18-52. Rabies vaccination prior to issuance of license.
(a) Before a license is issued for any dog, the owner must present evidence with the application required by section 18-44 of this article that the dog has been vaccinated against rabies. Such evidence shall be a certificate of vaccination signed by a licensed veterinarian, and the certificate shall show that the vaccination is not expired.
(b) The required vaccination shall be an injection of antirabies vaccine approved by the state department of agriculture and land stewardship, and the frequency of revaccination necessary for approved vaccinations shall be as established by such department. The vaccine shall be administered by a licensed veterinarian and shall be given as approved by the state department of agriculture and land stewardship. The veterinarian shall issue a tag with the certificate of vaccination, and such tag shall at all times be attached to the collar of the dog.
(C42, § 114-10; O.5225, 5385, 5506; C54, § 5-36; O.5903; C62, §§ 5-39.05, 5-39.06; O.8439; C75, C79, C85, § 7-25; O.10,916, 11,403; C91, § 7-25; O.13,378)
Sec. 18-53. Penalties.
(a) Notwithstanding any other section of this article, any dog owner who allows the rabies vaccination to lapse at any time during the licensing year shall be guilty of a misdemeanor punishable by fine or imprisonment as provided by section 1-15 of this Code.
(b) Any person who removes a license tag from a dog prior to the expiration of the license shall be guilty of a misdemeanor punishable by fine or imprisonment as provided by section 1-15 of this Code.
(C85, § 7-25.01; O.11,403; C91, § 7-25.01)
Sec. 18-54. Records.
The city clerk or his or her designee shall keep record of dog licenses which shall show:
(1) The description of dog as specified in the application, together with the name and address of the owner of the dog.
(2) The date when each license tag is issued and the number on such tag.
(3) The date of the most recent rabies vaccination, and the date the dog shall be revaccinated.
(4) The amount of all fees, licenses, penalties, and costs paid to him or her.
(5) Such other data as the law may require.
(C62, § 5-39.04; O.8439; C75, C79, C85, § 7-26; O.11,403; C91, § 7-26; O.13,378)
Sec. 18-55. Running at large.
(a) A dog, properly licensed as required by law, shall not be deemed at large if:
(1) The dog is on the premises of the owner or a person given charge of the dog by the owner and is either:
a. Restrained on those premises by an adequate protective fence or by leash, cord, chain or other similar restraint that does not allow a dog to go beyond the owner’s real property line; or
b. At all times within the actual physical presence of and immediately obedient to the commands of the owner or person given charge of the dog by the owner. At no time shall the dog be more than six feet from such person.
(2) The dog is off the premises of the owner and is:
a. On a leash, cord, or chain or other similar restraint not more than six feet in length and under the control of a person competent to restrain and control the dog; or
b. Properly restrained within a motor vehicle.
(3) The dog is properly housed in a veterinary hospital or registered kennel.
(4) The owner and the dog are participating in a regularly scheduled competitive or exhibition event sanctioned or sponsored by a nationally recognized organization, local chapter thereof, or other generally recognized local organization.
(5) The dog and the owner are actively engaged in a generally recognized dog obedience training program or training for a generally recognized kennel club event, provided:
a. The dog is in the actual physical presence of the owner or trainer at all times;
b. The owner or trainer is at no time more than 50 feet from the dog;
c. The dog is immediately obedient to the commands of the owner or trainer; and
d. The owner or trainer has, at all times, on his or her person a leash of sufficient strength to restrain the dog.
(b) A dog shall be deemed to be at large if it is not properly licensed or if it is not housed, restrained or controlled in one of the methods set forth in subsection (a) of this section.
(c) Notwithstanding any other section of this article, any dog shall be deemed at large at any time when attacking persons, domestic animals, destroying property, or on a public school ground except when under restraint as set out in subsection (a)(2) of this section. Furthermore, any female dog in heat shall be deemed at large at any time except:
(1) When housed in a building which is completely enclosed;
(2) When housed in a veterinary hospital or registered kennel; or
(3) When on the premises of the owner, provided the area on which such dog is located is:
a. Completely enclosed in a locked, enclosed fence, pen or other structure having a height of at least six feet; such fence, pen or structure must have secure sides which are imbedded into the ground, if the bottom of the structure is not integrally connected to the structure; or
b. If the fence, pen or structure is less than six feet in height, it must have a secure top in addition to securely imbedded sides as described in subsection (c)(3)a of this section.
Nothing in this subsection, however, shall be construed as prohibiting any owner of a female dog in heat from walking such dog with a leash, cord, chain or other similar restraint not more than six feet in length or from transporting such dog within a motor vehicle.
(d) No owner of any dog shall permit such dog to be at large at any time.
(C42, §§ 114-5, 114-6, 114-9; O.5385, 5506; C54, §§ 5-19, 5-20; O.6002, 6234; C62, §§ 5-19, 5-20; O.7499; C75, § 7-27; O.9098, 9376; C79, C85, § 7-27; O.10,855, 10,867, 10,886, 11,095; C91, § 7-27; O.11,807)
Sec. 18-56. Confinement of vicious dogs.
(a) All vicious dogs shall be securely confined within an occupied house or residence or in a securely enclosed and locked pen or kennel, except when leashed as provided in this section. Such pen, kennel or structure must have secure sides and a secure top attached to the sides or, in lieu of a top, walls at least six feet in height and at least six feet taller than any internal structure.
(b) All pens or other structures designed, constructed or used to confine vicious dogs must be locked with a key or combination lock when such animals are within the structure. Such structure must have a secure bottom, floor or foundation attached to the sides of the pen, or the sides of the pen must be embedded in the ground no less than two feet so as to prevent digging under the walls by the confined dog.
(c) All structures erected to house vicious dogs must comply with all city zoning and building regulations. All such structures must be adequately lighted and ventilated and kept in a clean and sanitary condition. No vicious dog may be kept on a porch, patio or in any part of a house or structure that would allow the dog to exit such building on its own volition.
(d) No person shall permit a vicious dog to go outside its kennel or pen unless such dog is securely leashed with a leash no longer than six feet in length. No person shall permit a vicious dog to be kept on a chain, rope or other type of leash outside its kennel or pen unless both the dog and the leash are under the actual physical control of a person 18 years of age or older.
(e) Such dogs may not be leashed to inanimate objects such as trees, posts, buildings, or any other object or structure.
(f) Violation of this section is a misdemeanor.
(C85, § 7-27.01; O.11,095, 11,558; C91, § 7-27.01)
Sec. 18-57. Vicious dogs not properly confined/leashed.
A vicious dog which is found more than twice not to be confined or leashed as required by this article shall be required to be destroyed.
(C85, § 7-27.02; O.11,095; C91, § 7-27.02; O.14,415, 14,677)
Sec. 18-58. Unlicensed vicious dogs.
All unlicensed vicious dogs shall be deemed illegal animals and shall be destroyed. This section shall not apply to a dog which, upon initial notice to its owner, the owner agrees to properly license and confine or to a dog for which a hearing has been requested under this article to determine if it is vicious until there has been a final decision on the question raised at hearing at which time the owner may, if the dog is found vicious, properly license and confine the dog.
(C85, § 7-27.03; O.11,095; C91, § 7-27.03; O.14,677)
Sec. 18-59. Seizure, impoundment and disposition of vicious dogs.
(a) The chief humane officer or his or her designee, in his or her discretion or upon receipt of a complaint alleging that a particular dog is a vicious dog as defined in this article, may declare such dog a vicious dog by delivering a written notice of declaration to the owner. The notice shall include a description of the dog and the basis for the declaration of viciousness. The notice shall also set forth that the owner shall be required to license and confine the dog as required by this article. 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) The person owning, keeping, sheltering, or harboring the dog in question may contest the declaration of viciousness by filing a written request with the city clerk within three business days of the receipt of the chief humane officer’s declaration. If at this time the owner agrees to confine the dog pursuant to section 18-56 of this chapter and submits to the clerk proof of insurance as described in section 18-44, the dog shall not be impounded pending appeal. Failure to file a request for hearing shall constitute a waiver of any right to contest the declaration of the chief humane officer, and the chief humane officer or his or her designee shall be authorized to seize and impound the dog. A dog so seized shall be impounded for a period of seven days. If, at the end of the impoundment period, the owner has not licensed and shown ability to confine the dog as required by this article the chief humane officer or his or her designee shall cause the dog to be destroyed.
(c) The person owning, keeping, sheltering, or harboring the dog in question shall be given not less than 72 hours’ written notice of the time and place of the hearing. The notice shall set forth the description of the dog in question and the basis for the allegation of viciousness. The notice shall also set forth that, if the determination of the chief humane officer is upheld, the owner shall be required to license and confine the dog as required by this article. The notice shall be served in the same manner as the declaration notice.
(d) If, after hearing, the city manager or his or her designee upholds the determination of the chief humane officer that the dog is a vicious dog or is a vicious dog held in violation of this article, as set out in the notice of hearing, the city manager or his or her designee shall order the person owning, sheltering, harboring or keeping the animal to permanently license and confine the dog as required by this article. The order shall immediately be served upon the individual or entity against whom issued in the same manner as the notice of hearing. If the order is not complied with within three days of its issuance, the city manager or his or her designee is authorized to seize and impound the dog. A dog 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 manager or his or her designee was issued has not appealed such order to the city council or has not complied with the order, the city manager or his or her designee shall cause the dog to be destroyed.
(e) The order to license and confine a vicious dog issued by the city manager or his or her designee 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 days after receipt of the order. Failure to file such written notice of appeal shall constitute a waiver of the right to appeal the order of the city manager or his or her designee.
(f) 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 20 days of the receipt of notice of appeal. The hearing may be continued for good cause. After such hearing the city council may affirm or reverse the order of the city manager or his or her designee. 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. The hearing shall be confined to the record made before the city manager or his or her designee, the arguments of the parties or their representatives, any additional evidence which was not available at the time of the hearing before the city manager or his or her designee, and any other information the city council deems necessary.
(g) If the city council affirms the action of the city manager or his or her designee, the city council shall order in its written decision that the individual or entity owning, sheltering, harboring, or keeping such vicious dog shall license and confine the dog as required by this article. The decision and order shall immediately be served upon the person against whom rendered in the same manner as the notice set out in subsection (a) of this section. If the original order of the city manager or his or her designee is not appealed and is not complied with within three days or the order of the city council after appeal is not complied with within three days of its issuance, the chief humane officer or his or her designee is authorized to seize and impound such vicious dog. A dog 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 decision and order of the city manager or his or her designee or the city council was issued has not petitioned the county district court for a review of the order or has not complied with the order, the city manager or his or her designee shall cause the dog to be destroyed in a humane manner.
(h) Failure to comply with an order of the city manager or his or her designee issued pursuant to this section and not appealed or of the city council after appeal is a misdemeanor.
(i) Any dog that is alleged to be vicious and that 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 dog is determined to be vicious. If the dog is not determined to be vicious, the owner shall only pay those costs attributable to initial confinement prior to notice or costs of any required quarantine.
(j) All vicious dogs shall have an identification microchip implant placed under the dogs skin. Prior to the release of a vicious dog from the animal shelter the owner shall pay the fee in the amount set in the schedule of fees adopted by the city council by resolution for the microchip identification procedure. If a contractor microchips a dog pursuant to this section, the contractor shall retain the fee.
(C85, § 7-27.04; O.11,095, 11,401; C91, § 7-27.04; O.13,320, 13,854, 14,462, 14,677)
Sec. 18-60. Operation of animal shelter.
Any public or municipal animal shelter established and maintained by the city shall be conducted and operated by the police department, or a contractor, under the supervision, direction, and control of the city manager, or as specified by contract. It shall be the duty of the city manager, his or her designee, or a contractor to cause such shelter to be kept in a sanitary condition and free from offensive odors. It shall be the further duty of the city manager, his or her designee, or a contractor to provide for adequate and wholesome food for animals impounded therein, to provide careful and humane treatment toward such animals, to isolate diseased animals, and to provide for humane destruction of animals when necessary.
(C42, § 114-7; O.5225, 5385; C54, §§ 5-23, 5-24; O.6002; C62, §§ 5-23, 5-24; C75, § 7-28; O.9097; C79, § 7-28; O.9828; C85, § 7-28; O.11,558; C91, § 7-28, 14,462)
Sec. 18-61. Use of impounded dogs for food or vivisection.
No person employed in the police department and no person employed by or connected with the animal shelter or any society or organization operating or maintaining such shelter under lease or contract with the city shall sell, give away or dispose of, through any pretext or by any device or means whatsoever, any dog impounded in such pound to any person for the purpose of using such dog as food or for the purpose of medical experimentation, unless the institution desiring such dog for medical experimentation is duly approved and authorized by the state to conduct such experimentation or for any other purpose, except for pets and watchdogs and except, further, that any dog restrained or impounded may be redeemed by the owner of the animal as provided in this article.
(C42, § 114-7; O.5225, 5385; C54, § 5-25; O.6002; C62, § 5-25; C75, C79, § 7-29; O.9828; C85, § 7-29; O.11,558; C91, § 7-29)
Sec. 18-62. Notice of impoundment.
The police department, acting under the direction of the city manager, shall cause to be taken up and impounded any dog found to be at large within the city, as defined in this article. The city manager, his or her designee, or a contractor shall give notice thereof in not less than two days to the owner, if such owner’s name and address appear on the dog’s collar or is otherwise known.
(C42, § 114-8; O.5225, 5385; C54, § 5-26; O.6002; C62, § 5-26; O.7464; C75, C79, § 7-30; O.9828; C91, § 7-30, 14,462)
Sec. 18-63. Impoundment period.
Every dog found without a license, collar or similar identification shall be kept for not less than three days after being impounded unless sooner redeemed by the owner in accordance with this article. Dogs with identification shall be kept not less than seven days after being impounded unless sooner redeemed by the owner in accordance with this article. Any owner given notice by the police department within 48 hours prior to the appropriate expiration date will be allowed 48 hours in which to redeem the dog.
(C42, § 114-8; O.5225, 5385; C54, § 5-27; O.6002; C62, § 5-27; O.7464; C75, § 7-31; O.9097, 9463; C79, § 7-31; O.9828; C91, § 7-31)
Sec. 18-64. Redemption of impounded dog.
(a) Licensed dog. The owner of an impounded licensed dog which is not required to be held for observation as provided by section 18-167 may claim and redeem such animal upon payment of the impounding and daily boarding fees in the amounts set in the schedule of fees adopted by the city council by resolution. If, within a year’s time, the same dog is impounded a second or more times, the impounding fee shall be increased incrementally to the amounts set in the schedule of fees adopted by the city council by resolution in addition to the daily boarding fee.
(b) Unlicensed dog. The owner of an impounded unlicensed dog which is not required to be held for observation as provided by section 18-167 may claim and redeem such animal upon payment of the impounding and boarding fees in the amounts set in the schedule of fees adopted by the city council by resolution if redeemed within 48 hours and upon a showing of the appropriate license for such dog. However, if the owner has fulfilled all requirements to have an impounded dog licensed except the animal has not received the required vaccination, upon such showing the chief humane officer or other police department official may, after payment of the required fees, release such dog upon the condition that the dog is vaccinated by a licensed veterinarian, or other person authorized by state statute, within 24 hours of such release and that a certificate of such vaccination is furnished to the chief humane officer or other police department official to entitle the owner to the issuance of the license tag for such dog. It shall be the duty of the chief humane officer or other police department official to ascertain the name and address of the veterinarian to which such dog will be taken by the owner for vaccination and to make it known to the police department if proof of such vaccination is not furnished within three days after the conditional release of the dog to the owner. If proof of vaccination is not provided within three days, the police department may immediately pick up and impound such dog and the owner shall be guilty of a simple misdemeanor.
(c) A contractor may collect and retain a processing fee for each dog redeemed in an amount not greater than set in the schedule of fees adopted by the city council by resolution.
(C42, § 114-8; O.5225, 5385; C54, §§ 5-28, 5-29; O.6002, 6034; C62, §§ 5-28, 5-29; O.7499, 7769; C75, § 7-32; O.9097, 9376; C79, § 7-32; O.9828; C85, § 7-32; O.11,031, 11,446; C91, § 7-32; O.12,075, 14,155, 14,462)
Sec. 18-65. Disposition of unredeemed dogs.
(a) Chief humane officer’s discretion. After the expiration of the appropriate impoundment period, as provided in this article, unless the animal shelter is operated by a contractor, the chief humane officer may do any of the following:
(1) Allow adoption pursuant to subsection (b) of this section;
(2) Sell the dog for an amount set in the schedule of fees adopted by the city council by resolution to any nonprofit corporation which provides for care and adoption of dogs and offers animal cremation services;
(3) Humanely destroy the dog; or
(4) Sell the dog for an amount as allowed by I.C. § 145B.4 for scientific research pursuant to section 18-61 of this article.
(b) Adoption. A person seeking to adopt a dog shall:
(1) File a form as prescribed by the chief of police, which shall identify the dog desired for adoption; if the same dog is identified for adoption by more than one person, the form filed first in time with the chief humane officer shall be honored.
(2) Pay an adoption fee in the amounts set in the schedule of fees adopted by the city council by resolution which fee shall include the cost of a city dog license and vaccinations as required by this article and surgical sterilization.
(3) If a dog is too young to submit to vaccinations or to surgical sterilization, the person shall agree in writing to surgical sterilization of the adopted dog within a designated time period. Upon submission of written proof of compliance from a veterinarian, the amount set in the schedule of fees adopted by the city council by resolution shall be refunded to the person adopting the dog. Any person who fails to comply with such an agreement shall be guilty of a simple misdemeanor, and the chief humane officer or his or her designee shall be authorized to seize and impound the dog for the purpose of administering vaccinations and surgical sterilization as necessary.
(4) The chief of police is authorized to promulgate further rules to effect such an adoption process.
(5) The provisions of this section relating to the adoption of unredeemed dogs shall also apply to adoption agencies not qualified under subsection (a)(2) of this section.
(6) The city shall reserve the right to reject any and all adoptions for any purpose the city deems necessary, including but not limited to health concerns.
(7) No dog shall be put up for adoption if a request has been made for that dog for scientific research by an institution authorized by the state department of public health pursuant to I.C. § 145B.1 et seq.
(8) The city takes no responsibility nor makes any warranties or assumes any liability for the condition of the dog adopted.
(c) Disposition when contractor operates the animal shelter. Upon a written release of any dog by the chief humane officer or his or her designee, a contractor shall take possession and ownership of any unredeemed dog.
(C42, § 114-8; O.5225, 5385; C54, § 5-30; O.6002, 6034; C62, § 5-30; O.7464; C75, § 7-33; O.9097, 9175, 9376, 9463; C79, § 7-33; O.9828; C85, § 7-33; O.11,558; C91, § 7-33; O.12,075, 13,111, 13,319, 13,607, 14,155, 14,462)
Secs. 18-66–18-90. Reserved.
ARTICLE III. CATS
Sec. 18-91. Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Cat means and includes both male and female animals of the species Felis catus, altered or not.
Chief of police means the legally designated chief of the police department or a designated representative.
Owner means any person owning, keeping or feeding a cat.
(C75, § 7-38; O.9463; C79, C85, § 7-38; O.10,886; C91, § 7-38; O.13,133)
Cross references: Definitions generally, § 1-2.
Sec. 18-92. License required.
The owner of every cat six months old or over, except cats owned by the operator of a state commercial establishment pursuant to I.C. § 162.1 et seq. or a federally licensed kennel and kept in that commercial establishment or kennel, shall annually obtain a license as provided in this article.
(C75, § 7-39; O.9463; C79, C91, § 7-39; O.13,133)
Sec. 18-93. Amount of license fee.
(a) The annual license fee for each cat shall be in the amounts set in the schedule of fees adopted by the city council by resolution. An applicant claiming that such cat is spayed or neutered shall present as evidence a certificate from a licensed veterinarian which contains the name, address and phone number of the owner and the name, color, sex and breed of the cat. The proper fee shall be presented or sent with the application. No license shall be issued until the fee is paid in full.
(b) A cat owner who is 65 years of age or older may, upon application for a cat license, be issued a license for one cat per household for a reduced fee in the amount set in the schedule of fees adopted by the city council by resolution. The fee for additional cats shall be at the full rate.
(C75, § 7-40; O.9463; C79, C91, § 7-40; O.13,133, 13,378, 14,155, 14,462)
Sec. 18-94. License application; form.
(a) The owner of a cat for which a license is required shall, on or before January 1 each year, apply to the city clerk, his or her designee, or any business in Des Moines approved by the city clerk, for a license for each cat owned by him or her.
(b) Such application for a license may be made after January 1 and at any time for a cat which has come into the possession or ownership of the applicant or which has reached the age of six months after January 1.
(c) Any business in Des Moines that is approved by the city clerk to sell animal licenses may charge an additional service fee in the amount set in the schedule of fees adopted by the city council by resolution. This subsection does not apply to applications for transfer of ownership under section 18-97 of this article.
(d) Such application shall be in writing on a form provided by the city clerk or his or her designee and shall state the breed, sex, age, color, and name of the cat and the name, address, phone number and signature of the owner. Such application shall also state the date of the most recent rabies vaccination and the date the cat will be revaccinated.
(C75, § 7-41; O.9463; C79, § 7-41; O.9828; C91, § 7-41; O.13,133, 13,378, 14,155, 14,462)
Sec. 18-95. Tag.
(a) The city clerk or his or her designee shall, upon receipt of the application for a cat license, deliver or mail to the applicant a license which shall be in the form of a metal tag stamped with the following information:
(1) The year for which it is issued.
(2) The name of the city.
(3) The tag number as shown in the records in the office of the city clerk.
(b) The size and shape of the tags shall be changed each year.
(c) A permanent spay/neuter tag shall also be issued to every applicant who has provided sufficient proof of spaying or neutering.
(d) The tags shall be attached by the owner to a substantial collar or harness and, during the term of the license, shall be at all times kept on the cat for which the license is issued. Upon the expiration of the license, the owner shall remove the tag from the cat, except for the spay/neuter tag which shall be displayed for the life of the cat.
(e) Upon the filing of an affidavit that the license tag or spay/neuter tag has been lost or destroyed, the owner may obtain another license or a spay/neuter tag on the payment of a fee in the amount set in the schedule of fees adopted by the city council by resolution to the city clerk or his or her designee. The city clerk or his or her designee shall enter in the license record the new number assigned.
(C75, § 7-42; O.9463; C79, § 7-41; O.9828; C85, § 7-42; O.11,558; C91, § 7-42; O.12,075, 13,133, 13,378, 14,155, 14,462)
Sec. 18-96. Expiration of licenses.
All cat licenses shall expire on December 31 of the year of the date of issuance.
(C75, § 7-43; O.9463; C79, § 7-43; O.9828; C85, § 7-43; O.11,558; C91, § 7-43; O.12,075, 13,133)
Sec. 18-97. Transfer of license on change of ownership.
(a) When the ownership of a cat is transferred, the license may be transferred by the city clerk or his or her designee by notation on the license record, giving the name, address and phone number of the new owner. The city clerk or his or her designee, when making an ownership transfer, shall collect a fee in the amount set in the schedule of fees adopted by the city council by resolution.
(b) A license tag issued for one cat shall not be transferred to any other cat.
(C91, § 7-43.01; O.13,133, 13,378, 14,155, 14,462)
Sec. 18-98. Use of license fees collected.
All cat license fees collected by the city shall be credited to and deposited in the general funds of the city.
(C91, § 7-43.02; O.13,133)
Sec. 18-99. License fee delinquency.
(a) A penalty in the amount set in the schedule of fees adopted by the city council by resolution shall be added to each unpaid cat license on April 1 of the year in which it is due and payable except where the cat has been newly acquired or is under six months of age on April 1 of the same year. Nothing in this section shall preclude the issuance of a criminal charge for failure to comply with any applicable section of this chapter.
(b) The penalty will apply to a newly acquired cat and to a cat at least six months of age if a license is not obtained by the later of April 1 in the year in which the cat is acquired or reaches six months of age, or 30 days after the cat is acquired or reaches six months of age.
(C91, § 7-43.03; O.13,133, 14,155, 14,462)
Sec. 18-100. Rabies vaccination prior to license issuance.
(a) Before a license is issued for any cat, the owner must present evidence with the application required by section 18-94 of this article that the cat has been vaccinated against rabies. Such evidence shall be a certificate of vaccination signed by a licensed veterinarian, and the certificate shall show that the vaccination is not expired.
(b) The required vaccination shall be an injection of antirabies vaccine approved by the state department of agriculture, and the frequency of revaccination necessary for approved vaccinations shall be as established by such department. The vaccine shall be administered by a licensed veterinarian and shall be given as approved by the state department of agriculture. The veterinarian shall issue a tag with the certificate of vaccination, and such tag shall at all times remain in the possession of the owner of the cat. Nothing in this section shall be deemed to require that the cat wear the rabies tag.
(C75, § 7-40; O.9463; C79, § 7-40; C91, § 7-43.04; O.13,133, 13,378)
Sec. 18-101. Penalties.
(a) Notwithstanding any other section of this article, any owner who allows the rabies vaccination to lapse at any time during the licensing year shall be guilty of a misdemeanor punishable by fine or imprisonment as provided by section 1-15 of this Code.
(b) The removal of a license tag or a spay/neuter tag from a cat prior to the expiration of that tag by any person who is not the owner thereof or the agent of such owner shall be guilty of a misdemeanor punishable by fine or imprisonment as provided by section 1-15 of this Code.
(C91, § 7-43.05; O.13,133, 14,155)
Sec. 18-102. Records.
The city clerk or his or her designee shall keep a record of cat licenses which shall show the following:
(1) The description of the cat as specified in the application, and the name and address of the owner of the cat.
(2) The date when each license tag is issued and the number on such tag.
(3) Such other data as the law may require.
(C91, § 7-43.06; O.13,133, 13,378)
Sec. 18-103. Running at large.
(a) A cat, properly licensed and displaying such license as required by law, shall not be deemed at large if:
(1) The cat is spayed or neutered and is displaying a spay/neuter tag.
(2) The cat is on or off the premises of the owner and is properly restrained within a motor vehicle.
(3) The cat is properly housed in a veterinary hospital or registered kennel or commercial establishment as defined by I.C. § 162.1 et seq.
(4) The cat is not causing damage or interfering with property as prohibited by section 18-10 of this chapter.
(5) The owner and the cat are participating in a regularly scheduled competitive or exhibition event sanctioned or sponsored by a nationally recognized organization, local chapter thereof, or other generally recognized local organization, provided that the cat is in the actual physical presence of the owner or trainer at all times.
(b) A cat shall be deemed to be at large if it is not properly licensed or if it is not housed, restrained or controlled in one of the methods set forth in subsection (a) of this section.
(C91, § 7-43.07; O.13,133)
Sec. 18-104. Use of impounded cats for food or vivisection.
No person employed in the police department and no person employed by or connected with the animal shelter or any society or organization operating or maintaining such shelter under lease or contract with the city shall sell, give away or dispose of, through any pretext or by any device or means whatsoever, any cat impounded in such pound to any person for the purpose of using such cat as food or for the purpose of medical experimentation unless the institution desiring such cat for medical experimentation is duly approved and authorized by the state to conduct such experimentation or for any other purpose except for pets, and except, further, that any cat restrained or impounded may be redeemed by the owner of the animal as provided in this article.
(C91, § 7-43.08; O.13,133)
Sec. 18-105. Notice of impoundment.
The police department, acting under the direction of the city manager, shall cause to be taken up and impounded any cat found to be at large within the city, as defined in this article. The city manager, his or her designee, or a contractor shall give notice thereof in not less than two days to the owner if such owner’s name and address appear on the cat’s collar or harness or is otherwise known.
(C91, § 7-43.09; O.13,133, 14,462)
Sec. 18-106. Impoundment period.
Every cat found without a license and a collar or harness shall be kept for not less than three days after being impounded unless sooner redeemed by the owner in accordance with this article. A cat with identification shall be kept not less than seven days after being impounded unless sooner redeemed by the owner in accordance with this article. Any owner given notice by the police department within 48 hours prior to the appropriate expiration date will be allowed an additional 48 hours in which to redeem the cat.
(C75, § 7-41; O.9463; C79, § 7-41; O.9828; C91, § 7-43.10; O.13,133)
Sec. 18-107. Redemption of impounded cat.
(a) Licensed cat. The owner of an impounded licensed cat which is not required to be held for observation, as provided by section 18-167 of this chapter, may claim and redeem such animal upon payment of the impounding and daily boarding fees in the amounts set in the schedule of fees adopted by the city council by resolution. If, within a year’s time, the same cat is impounded a second or more times, the impounding fee shall be increased incrementally to the amounts set in the schedule of fees adopted by the city council by resolution in addition to the daily boarding fee, and the owner shall agree in writing to surgical sterilization of the cat within a designated time period; any person who fails to comply with such an agreement shall be guilty of a simple misdemeanor.
(b) Unlicensed cat. The owner of an impounded unlicensed cat which is not required to be held for observation, as provided by section 18-167 of this chapter, may claim and redeem such animal upon payment of the impounding and boarding fees in the amounts set in the schedule of fees adopted by city council by resolution and, if applicable, signing a sterilization agreement, as provided in subsection (a) of this section, if redeemed within 48 hours and upon a showing of the appropriate license for such cat. If the owner has fulfilled all requirements to have an impounded cat licensed except the animal has not received the required vaccination, upon such showing the chief humane officer or other police department official may, after payment of the required fees, release such cat upon the condition that the cat is vaccinated by a licensed veterinarian, or other person authorized by state statute, within 24 hours of such release and that a certificate of such vaccination is furnished to the chief humane officer or other police department official to entitle the owner to the issuance of the license tag for such cat. It shall be the duty of the chief humane officer or other police department official to ascertain the name and address of the veterinarian to which such cat will be taken by the owner for vaccination and to make it known to the police department if proof of such vaccination is not furnished within three days after the conditional release of the cat to the owner. If proof of vaccination for the cat is not provided within three days after the conditional release as stated in this subsection, the cat may be impounded and the owner shall be guilty of a simple misdemeanor.
(c) [Processing fee.] A contractor may collect and retain a processing fee for each cat redeemed in an amount not greater than set in the schedule of fees adopted by the city council by resolution.
(C75, § 7-42; O.9463; C79, § 7-41; O.9828; C85, § 7-42; O.11,558; C91, § 7-42; O.12,075; C91, § 7-43.11; O.13,133, 14,155, 14,462)
Sec. 18-108. Disposition of unredeemed cats.
(a) Chief humane officer’s discretion. After the expiration of the appropriate impoundment period, as provided in this article, unless the animal shelter is operated by a contractor, the chief humane officer may do any of the following:
(1) Allow adoption pursuant to subsection (b) of this section;
(2) Sell the cat for an amount set in the schedule of fees adopted by the city council by resolution to any nonprofit corporation which provides for care and adoption of cats and offers animal cremation services;
(3) Humanely destroy the cat; or
(4) Sell the cat for purposes of scientific research for an amount set in the schedule of fees adopted by the city council by resolution to an institution duly approved and authorized by the state to conduct such research.
(b) Adoption. A person seeking to adopt a cat shall:
(1) File a form as prescribed by the chief of police, which shall identify the cat desired for adoption; if the same cat is identified for adoption by more than one person, the form filed first in time with the chief humane officer shall be honored.
(2) Pay an adoption fee in the amounts set in the schedule of fees adopted by the city council by resolution which fee shall include the cost of a city cat license and any vaccinations as required by this article and surgical sterilization.
(3) If a cat which is too young to submit to vaccinations or to surgical sterilization, the person shall agree in writing to surgical sterilization of the adopted cat within a designated time period; upon submission of written proof of compliance from a veterinarian, the amount set in the schedule of fees adopted by the city council by resolution shall be refunded to the person adopting the cat. Any person who fails to comply with such an agreement shall be guilty of a simple misdemeanor, and the chief humane officer or his or her designee shall be authorized to seize and impound the cat for the purpose of administering vaccinations and surgical sterilization as necessary.
(4) The chief of police is authorized to promulgate further rules to effect such an adoption process.
(5) The city shall reserve the right to reject any and all adoptions for any purpose the city deems necessary, including but not limited to health concerns.
(6) The city takes no responsibility nor makes any warranties or assumes any liability for the condition of the cat adopted.
(7) The subsections of this section relating to adoption of unredeemed cats shall also apply to adoption agencies not qualified under subsection (a)(2) of this section.
(c) Disposition when contractor operates the animal shelter. Upon a written release of any cat by the chief humane officer or his or her designee, a contractor shall take possession and ownership of any unredeemed cat.
(C75, § 7-43; O.9463; C79, § 7-43; O.9828; C85, § 7-43; O.11,558; C91, § 7-43; O.12,075, 13,111; C91, § 7-43.12; O.13,133, 13,319, 13,607, 14,155, 14,462)
Secs. 18-109–18-135. Reserved.
ARTICLE IV. PET ANIMALS
Sec. 18-136. Types permitted.
The following animals may be owned per property as pets under the following conditions:
(1) A total of six cats and dogs, not more than three of which may be dogs, and which are owned and maintained in compliance with the sections of this chapter relating to such animals.
(2) Rabbits not to exceed three in number, maintained in a hutch or other type of enclosure.
(3) Domestic poultry and fowl, that is poultry and fowl ordinarily raised for production of eggs or meat, not to exceed two in number considered together, maintained at all times in a pen and/or coop.
(4) Vietnamese potbellied pigs, Asian potbellied pigs or potbellied pigs not to exceed three in number of the types considered together.
(5) Pygmy goats, not to exceed three in number.
(6) The young produced by any pets permitted herein may be maintained with the parent animals for a period of approximately eight weeks but in no case longer than ten weeks.
(7) A waiver of the three dog limit set in subsection (1) of this section may be granted by the city clerk, or his/her designee, to allow for one additional dog under the following conditions:
a. The dog’s full grown weight is no more than 20 pounds as certified to by a veterinarian,
b. The owner provides a current rabies vaccination certificate for the dog,
c. The owner provides proof the dog has been spayed or neutered, and
d. No more than two cats are owned on the property subject to the waiver.
(C91, § 7-53; O.11,730, 12,075, 13,722, 14,420)
Sec. 18-137. Enclosures.
Any enclosure, pen, coop, or hutch in which pets are maintained shall be cleaned at a minimum of every other day or more often if deemed advisable or necessary by a health officer. They shall be located at a minimum of 25 feet from a neighboring dwelling, as the term “dwelling” is defined in section 134-3 of this Code. No animal may be enclosed or fenced in the front yard of a dwelling.
(C91, § 7-54; O.11,730)
Sec. 18-138. Indoor pets.
Gerbils, hamsters, guinea pigs, mice, birds, snakes and other similar animals normally maintained as pets in an enclosure inside a dwelling are not proscribed by this article unless provided otherwise by this Code.
(C91, § 7-55; O.11,730)
Sec. 18-139. Adoptions.
(a) Unless a contractor is operating the animal shelter, animals other than dogs and cats which are unredeemed may be eligible for adoption to any person who:
(1) Files a form as established by the chief of police identifying the animal desired for adoption.
(2) Pays a fee established by the chief of police based upon the amount of care and treatment provided by the city to the animal prior to release by adoption.
(b) The chief of police is authorized to promulgate further rules to effect such an adoption process.
(c) The subsections of this section relating to the adoption of unredeemed animals other than dogs and cats shall also apply to any adoption agencies seeking to obtain unredeemed animals other than dogs and cats from the city.
(d) The city shall reserve the right to reject any and all adoptions for any purpose the city deems necessary, including but not limited to health concerns.
(e) The city takes no responsibility nor makes any warranties or assumes any liability for the condition of the animal adopted.
(f) If a contractor is operating the animal shelter, the contractor shall take possession and ownership of animals other than dogs and cats upon a written release by the chief humane officer, or his or her designee.
(C91, § 7-56; O.12,075, 14,462)
Secs. 18-140–18-165. Reserved.
ARTICLE V. ANIMALS SUSPECTED OF BEING INFECTED WITH COMMUNICABLE DISEASE
Sec. 18-166. Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Owner means any person who has paid the license fee or harbored an animal.
(C42, § 34-11; C54, C62, § 5-43; C75, C79, C85, § 7-34; O.11,558; C91, § 7-34)
Cross references: Definitions generally, § 1-2.
Sec. 18-167. Minimum period of quarantine.
(a) It shall be the duty of the chief humane officer to order the owner of any animal which has bitten a person or another animal or any animal suspected of being infected with rabies to confine such animal for a period of ten days at the animal shelter, a veterinary clinic, or a registered kennel.
(b) Notwithstanding subsection (a) of this section, the animal control officer may allow a dog or cat to remain in quarantine for that period on the property of the owner so long as the dog or cat is confined there and is out of contact with members of the public or other animals during the quarantine period when the cat or dog:
(1) Has a current certificate of inoculation for rabies;
(2) Is properly licensed, in the case of dogs;
(3) Has properly displayed all required tags;
(4) Has not previously bitten a person; and
(5) The owner has suitable and secure quarters in which to isolate the animal.
Home quarantine shall not be allowed where there is a reasonable belief that the dog’s or cat’s condition or circumstances, including consideration of the nature or severity of the bite, requires observation at the animal shelter, a veterinary clinic, or a registered kennel or where the dog or cat does not remain in quarantine in the manner prescribed by the animal control officer for the ten-day period. In the latter event, the animal shall be apprehended and impounded and confined in the animal shelter for ten days.
(c) If the animal is claimed by the owner after the ten-day period, the owner shall pay for the cost of confinement. If the animal is not claimed after the ten-day period, it may be humanely destroyed or, if a dog or cat, may be put up for adoption as provided in section 18-65 or 18-108 of this chapter.
(C42, § 34-10; O.5226, 5386; C54, § 5-44; O.5903; C62, § 5-44; O.7499; C75, § 7-35; O.9097, 9172, 9463; C79, § 7-35; O.9828; C85, § 7-35; O.10,886, 11,558; C91, § 7-35; O.12,075)
Sec. 18-168. Report when animal has bitten a person.
The owner of any animal shall report at once to the police department the fact that his or her animal has bitten or attacked a person or domestic animal, and all persons having knowledge of such fact shall report the fact to the police department. Any person claiming to have been bitten by an animal must go in person to the police department or to a physician to show proof of a bite if deemed necessary by the director of public health. A child claiming to have been bitten by an animal must be accompanied by a parent or legal guardian.
(C42, § 34-13; O.5386; C54, § 5-46; O.6002; C62, § 5-46; C75, C79, § 7-36; O.9828; C85, § 7-36; O.11,558; C91, § 7-36)
Sec. 18-169. Report of person whose animal is bitten.
Every person owning or having possession, custody, or control of an animal which is known to have been bitten by an animal infected with rabies shall immediately report this fact to the police department and shall have the exposed animal placed in isolation and quarantine as provided by section 18-167 of this chapter.
(C42, § 34-13; O.5386; C54, C62, § 5-47; O.7499; C75, C79, § 7-37; O.9828; C91, § 7-37)
Secs. 18-170–18-195. Reserved.
ARTICLE VI. ILLEGAL AND DANGEROUS ANIMALS
Sec. 18-196. Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Dangerous animal means any animal, including a dog, except for an illegal animal per se, as listed in the definition of illegal animal, that has bitten or clawed a person while running at large and the attack was unprovoked, or any animal that has exhibited vicious propensities in present or past conduct, including such that the animal:
(1) Has bitten or clawed a person on two separate occasions within a 12-month period;
(2) Did bite or claw once causing injuries above the shoulders of a person;
(3) Could not be controlled or restrained by the owner at the time of the attack to prevent the occurrence; or
(4) Has attacked any domestic animal or fowl on three separate occasions within a 12-month period.
Illegal animal means:
(1) Any animal which is not naturally tame or gentle and which is of a wild nature or disposition 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.
(2) Any animal declared to be illegal by the board of health or the city manager or his or her designee.
(3) Any nondomesticated member of the order Carnivora which as an adult exceeds the weight of 20 pounds.
(4) The following animals, which shall be deemed to be illegal animals per se:
a. Lions, tigers, jaguars, leopards, cougars, lynx and bobcats.
b. Wolves, coyotes and foxes.
c. Badgers, wolverines, weasels, skunks and mink.
d. Raccoons.
e. Bears.
f. Monkeys and chimpanzees.
g. Bats.
h. Alligators, crocodiles and caimans.
i. Scorpions.
j. Snakes and reptiles that are venomous.
k. Snakes that are constrictors over six feet in length.
l. Gila monsters.
m. Opossums.
n. All apes, baboons and macaques.
o. Piranhas.
(C79, § 7-44; O.10,541; C85, § 7-44; O.10,886, 11,095; C91, § 7-44)
Cross references: Definitions generally, § 1-2.
Sec. 18-197. Keeping illegal animals prohibited.
No person shall keep, shelter, or harbor any illegal animal as a pet nor act as a temporary custodian for such animal nor keep, shelter, or harbor such animal for any other purpose or in any other capacity within the city, except as provided in section 18-198 of this article.
(C79, § 7-45; O.10,541, 11,095; C91, § 7-45)
Sec. 18-198. Exceptions to keeping illegal animals.
The prohibition contained in section 18-197 of this article shall not apply to the keeping of illegal animals in the following circumstances:
(1) The keeping of illegal 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.
(2) The keeping of illegal animals for exhibition to the public by a bona fide traveling circus, carnival, exhibit or show.
(3) The keeping of illegal animals in a bona fide, licensed veterinary hospital for treatment.
(4) The keeping of illegal animals by a wildlife rescue organization with appropriate permit from the state conservation commission.
(5) Any illegal animals under the jurisdiction of and in the possession of the state conservation commission, pursuant to I.C. § 481A.1 et seq. or 481B.1 et seq.
(6) The keeping of snakes and reptiles that are venomous and the keeping of snakes that are constrictors six feet in length and over by any individual 18 years of age or older who has:
a. Received a degree of bachelor of science, based upon courses of instruction which include courses in herpetology, from an accredited college level institution; or
b. Successfully completed a course of instruction taught under the auspices of the city zoo on the proper handling, care and keeping of such animals; or
c. Completed a course of instruction of at least 20 hours duration at an accredited educational institution on the care, handling and keeping of reptiles; and
d. Applied for and received from the city clerk a permit to keep such animals, such application to be on a form approved by the city council.
(7) A person with a disability or a person training an assistive animal has the right to possess an assistive animal. As used in this subsection, the term “assistive animal” means a simian or other animal specially trained or in the process of being trained under the auspices of a recognized training facility to assist a person with a disability.
(C79, § 7-46; O.10,541; C85, § 7-46; O.11,095, 11,558; C91, § 7-46; O.13,551)
Sec. 18-199. Seizure, impoundment and disposition of illegal animals.
(a) If an illegal 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 persons or property, such animal may, in the discretion of the chief humane officer or his or her designee or the chief of police, be destroyed if it cannot be confined or captured. The city shall be under no duty to attempt the confinement or capture of an illegal animal found at large, nor shall it have a duty to notify the owner of such animal prior to its destruction.
(b) Upon the complaint of an individual that a person is keeping, sheltering, or harboring an illegal animal on premises in the city, the chief humane officer shall cause the matter to be investigated. If, after investigation, the facts indicate that the person named in the complaint is keeping, sheltering or harboring an illegal animal in the city, the chief humane officer shall immediately seize any such 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 keeping, sheltering or harboring such illegal animal has not petitioned the county district court seeking return of such illegal animal, the chief humane officer shall cause the animal to be disposed of by sale, shall permanently place such animal with an organization or group allowed under section 18-198 of this article to possess illegal animals, or shall destroy such animal in a humane manner.
(c) Upon the complaint of any individual that a person is keeping, sheltering, or harboring a dangerous animal other than an illegal animal per se on premises in the city, the chief humane officer shall cause the matter to be investigated. If after investigation, the facts indicate that the person named in the complaint is keeping, sheltering or harboring such an illegal animal in the city, the chief humane officer shall order the person named in the complaint to permanently place the animal with an organization or group allowed under section 18-198 of this article to possess illegal animals, or destroy the animal, within three days of the receipt of such order. Such order shall be given in writing to the person keeping, sheltering or harboring the illegal animal, and shall be served personally or by certified mail. Such order and personal service or mailing shall not be required where such illegal animal has previously caused serious physical harm or death to any person, in which case the chief humane officer shall cause the animal to be immediately seized or destroyed if seizure and impoundment are not possible without risk of serious physical harm or death to any person.
(d) The order concerning an illegal animal other than an illegal animal per se issued by the chief humane 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 days after receipt of the order. Failure to file such written notice of appeal shall constitute a waiver of right to appeal the order of the chief humane officer.
(e) 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 the notice of appeal. The hearing may be continued for good cause. The hearing shall be confined to the record made before the city manager or his or her designee and the arguments of the parties or their representatives, but no additional evidence shall be taken. After such hearing the city council may affirm or reverse the order of the chief humane 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.
(f) If the city council affirms the action of the chief humane officer, the city council shall order in its written decision that the individual or entity owning, sheltering, harboring, or keeping such illegal animal shall permanently place such animal with an organization or group allowed under section 18-198 of this article to possess illegal animals, or destroy it. The decision and order shall immediately be served upon the person against whom rendered in the same manner as the notice of removal. If the original order of the chief humane officer is not appealed and is not complied with within three days or the order of the city council after appeal is not complied with within three days of its issuance, the chief humane officer or his or her designee is authorized to seize and impound such illegal 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 decision and order of the chief humane officer or city council was issued has not petitioned the county district court for a review of the order, the chief humane officer shall cause the animal to be disposed of by sale, shall permanently place such animal with an organization or group allowed under section 18-198 of this article to possess illegal animals, or shall destroy such animal in a humane manner. Failure to comply with an order of the chief humane officer issued pursuant to this section and not appealed or of the city council after appeal shall constitute a misdemeanor.
(C79, § 7-47; O.10,541; C85, § 7-47; O.11,095; C91, § 7-47; O.14,677)
Sec. 18-200. Keeping dangerous animals prohibited.
No person shall keep, shelter or harbor for any reason within the city a dangerous animal, as defined in section 18-196, except as provided in section 18-201 of this article.
(C79, § 7-48; O.10,541; C85, § 7-48; O.11,095; C91, § 7-48)
Sec. 18-201. Exceptions to keeping dangerous animals.
The prohibition contained in section 18-200 of this article shall not apply to the keeping of dangerous animals under the control of a law enforcement or military agency.
(C79, § 7-49; O.10,541; C85, § 7-49; O.10,886, 11,095; C91, § 7-49)
Sec. 18-202. Seizure, impoundment and disposition of dangerous animals.
(a) The chief humane officer or his or her designee, in his or her discretion or upon receipt of a complaint alleging that a particular animal is a dangerous animal as defined in this article, may initiate proceedings to declare such animal a dangerous animal. A hearing on the matter shall be conducted by the city manager or his or her designee. The person 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 the hearing. The notice shall set forth the description of the animal in question and the basis for the allegation of dangerousness. The notice shall also set forth that if the animal is determined to be dangerous it may be ordered destroyed or the owner may be given the option to cause 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. A notice that a dog is a dangerous animal may include as an alternative an allegation that a dog is a vicious dog under sections 18-41 and 18-59 of this chapter, and the hearings shall proceed together under this section.
(b) If, after hearing, the city manager or his or her designee determines that an animal is dangerous, the city manager or his or her designee shall either order the animal destroyed in a humane manner by the chief human officer, or order the person owning, sheltering, harboring or keeping the animal to cause it to be destroyed in a humane manner. The order shall immediately be served upon the individual or entity against whom issued in the same manner as the notice of hearing. If the animal is ordered to be destroyed by the chief humane officer such order shall be carried out after the appeal period in subsection (c) of this section has expired. If the animal is ordered to be destroyed by the owner, such order must be complied with within three days of its issuance, otherwise the city manager or his or her designee 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 manager or his or her designee was issued has not appealed such order to the city council, the city manager or his or her designee shall cause the animal to be destroyed in a humane manner.
(c) The order to destroy a dangerous animal issued by the city manager or his or her designee 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 days after receipt of the order to destroy the dangerous animal. Failure to file such written notice of appeal shall constitute a waiver of the right to appeal the order of the city manager or his or her designee.
(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. The hearing may be continued for good cause. The hearing shall be confined to the record made before the city manager or his or her designee and the arguments of the parties or their representatives, but no additional evidence shall be taken. After such hearing the city council may affirm or reverse the order of the city manager or his or her designee. 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 city manager or his or her designee, the city council shall either order the animal destroyed by the chief humane officer, or order that the individual or entity owning, sheltering, harboring, or keeping such dangerous animal shall cause it to be destroyed in a humane manner. The decision and order shall immediately be served upon the person or entity against whom rendered in the same manner as the order to destroy. If the animal is ordered to be destroyed by the chief humane officer the order shall be effective on the fourth day after receipt of the order by the owner unless the county district court has been petitioned to review the order within the first three days after receipt. If the animal is ordered to be destroyed by the owner and such order is not appealed to the county district court and is not complied with within three days after receipt of the order by the owner, the chief humane officer or his or her designee is authorized to seize and impound such dangerous 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 decision and order of the city council was issued has not petitioned the county district court for a review of the order, the city manager or his or her designee shall cause the animal to be destroyed in a humane manner.
(f) Failure to comply with an order of the city manager or his or her designee issued pursuant to this section and not appealed or of the city council after appeal shall constitute a misdemeanor offense.
(g) Any animal which is alleged to be dangerous 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 dangerous. If the animal is not determined to be dangerous and was found at large, the owner shall only pay those costs attributable to the initial confinement and any required quarantine. If the animal is not determined to be dangerous and was not at large at the time of confinement, the owner shall only pay those costs attributable to any required quarantine.
(C79, § 7-50; O.10,541; C85, § 7-50; O.11,095; C91, § 7-50; O.13,854, 13,977, 14,462, 14,677)
Sec. 18-203. Immediate seizure or destruction of animals.
Any animal found at large which displays dangerous tendencies, or which is an illegal animal, or which has been previously declared vicious or is vicious by breed according to article II, section 18-41(6), (7), (8), or (9) of this chapter and has bitten without provocation a person or a domestic animal while such vicious dog was not properly confined or leashed may be processed as a dangerous animal under section 18-202 of this article, and the animal may be immediately seized anywhere within the city unless the animal is so dangerous that it cannot safely be apprehended, in which case the chief humane officer, his or her designee, or any police officer is authorized to destroy it immediately.
(C85, § 7-51; O.11,095; C91, § 7-51; O.14,415, 14,462)
Sec. 18-204. Reserved.
Editor’s note: Ord. No. 14,677, § 1, adopted July 23, 2007, repealed § 18-204, which pertained to permanent removal from city and derived from Code 1985, § 7-52; Ord. No. 11,095; Ord. No. 11,558; Code 1991, § 7-52.
Sec. 1-15. General penalty.
(a) Whenever in this Code or in any city ordinance any act is prohibited or is made or declared to be unlawful or an offense or whenever in this Code or in any city ordinance the doing of any act is required or the failure to do any act is declared to be unlawful, if the act is not declared to be a misdemeanor or a municipal infraction and if no specific penalty is provided therefor, the violation of any such provision shall be deemed to be a misdemeanor punishable by a fine not exceeding $500.00 or by imprisonment not exceeding 30 days.
(b) Whenever in this Code or in any city ordinance any act is prohibited and is declared to be a misdemeanor or whenever in this Code or in any city ordinance the doing of any act is required and the failure to do that act is declared to be a misdemeanor, the violation of any such provision shall be punishable by a fine not exceeding $500.00 or by imprisonment not exceeding 30 days.
(c) Whenever in this Code or in any city ordinance any act is prohibited and is declared to be a municipal infraction or whenever in this Code or in any city ordinance the doing of any act is required and the failure to do that act is declared to be a municipal infraction, the violation of any such provision shall be punishable by a civil penalty of not more than $750.00 for each violation or, if the infraction is a repeat offense, by a civil penalty of not more than $1,000.00 for each repeat offense. However, a municipal infraction which is classified as an environmental violation or which arises from noncompliance with a pretreatment standard or requirement, referred to in 40 CFR 403.8, by an industrial user may be punishable by a civil penalty of not more than $1,000.00 for each day a violation exists or continues. Each day a violation of a provision of this Code or of a city ordinance continues shall be considered a separate municipal infraction.
(d) In addition to seeking the imposition of a civil penalty as provided in this section, the city attorney may seek all other appropriate remedies allowed by law in regard to the abatement, correction, or discontinuance of activities which constitute municipal infractions.
(e) Municipal infractions may be initially brought upon simple notice and if the person charged admits the violation, upon payment of the penalty to the city treasurer and the performance of any other act required by law to be performed, such person shall not be further prosecuted or assessed any costs or other expenses for such violation, and the city shall retain all penalties thus collected. Where a municipal infraction is not admitted upon simple notice by the person charged or where the person charged fails to perform any other act required to be performed, or both, an action seeking a penalty shall be brought in the state district court. Any action seeking a penalty for a municipal infraction, with or without additional relief, may be initially brought in the state district court. This section does not impose a duty to initially charge all municipal infractions upon simple notice. Municipal infractions that are not brought upon simple notice may be brought pursuant to Section 364.22 of the Iowa Code, and the civil citation shall serve as notification that a civil offense has been committed.
(f) Notwithstanding subsections (c) and (d) of this section, a municipal infraction will not be initiated for any infraction classified as an environmental infraction and referred to in I.C. ch. 455B until an offer is made to participate in informal negotiations with the person. If the person accepts the offer, the city and the person shall participate in good faith negotiations to resolve issues alleged to be the basis for the violation. If the city is unable to contact the person or is unable to resolve the issues alleged to be the basis for the violation, a municipal infraction may be initiated against the person.
(C42, C54, § 1-10; O.5663; C62, § 1-10; C75, § 1-11; O.9168; C79, C85, § 1-11; O.11,074, 11,569; C91, § 1-11; O.14,374, 14,611)
State law references: Penalties for violation of municipal ordinances, I.C. § 364.3(2), (6).