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. 18-44. 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. 18-56. 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.
(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)