Animal Ordinance ChangesTO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Animal Ordinance Changes
DATE: October 28, 2008
Public Health Specialist Mary Rose Corrigan recommends City Council approval of
changes to the Animal Ordinance. The changes are minor in nature and some are
required for the conversion to selling animal licenses through PetData. The major
changes include:
• The ability to require a potentially vicious dog to be microchipped if necessary,
based on the fact that the potentially vicious dog may change owners.
• Dog and cat licenses will expire one year from the date of purchase.
• The list of dangerous animals has been updated to be more specific and
inclusive. The Sand Boa snake will no longer be classified as a dangerous
animal.
As previously reported, the dog and cat license fees be increased from $10 to $12 for
spayed/neutered animals, and from $25 to $30 for non-spayed/non-neutered animals
effective January 1, 2009.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
.~~
M~ael C. Van Milligen
MCVM/jh
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Mary Rose Corrigan, RN, Public Health Specialist
THE CITY OF DUBUQUE
Masterpiece on the Mississippi
Dubuque
All-American City
2007
TO: Michael C. Van Milligen, City Manager
FROM: Mary Rose Corrigan, RN, Public Health Specialist
SUBJECT: Animal Ordinance Changes
DATE: October 24, 2008
INTRODUCTION
This memorandum submits for your approval and City Council consideration, changes
to the Animal Ordinance. The changes are minor in nature and some are required for
the conversion to selling animal licenses through PetData.
BACKGROUND
Most recent Animal Ordinance changes include the following:
- September 2001 -potentially vicious dog ordinance added.
- February 2002 -increasing impoundment fees for claiming stray animals to $30
for the first impoundment and $60 for the second impoundment.
- July 2003 -animal license fees increased to $10 to spayed/neutered animals
and $25 for non-spayed/non-neutered animals.
- May 2004 -minor updates to be consistent with the Iowa Code and allowing City
Manager to contract services for carrying out provisions of the Animal Ordinance.
In addition to these changes, wording and clarifying amendments were made during the
Code of Ordinances review.
Now that we are preparing to outsource the animal licensing function, a few changes
are necessary to the Animal Ordinance. We are also recommending some updates
based on enforcement situations and changes which have occurred in the past few
years.
DISCUSSION
Currently, Section 7-32 requires the license application be made through the City
Clerk's Office. This will be changed to "with the City Manager", which will allow for
contracting with another entity to provide the service. The date of birth and/or Social
Security Number is also being added to the license application form. This is necessary
for proper owner identification, especially if court proceedings are necessary. Finally,
we are changing the age that dogs and cats must be vaccinated, and therefore,
licensed from 3 to 4 months based on veterinarian recommendations.
Another license change in Section 7-34 will involve the license expiring one year from
the date of purchase instead of every year on December 31St for dogs or July 1St for
cats. This will provide licensing in a more customer friendly manner and also spread
the license workload more evenly over atwelve-month period. Currently, if a person
buys a license in September, they must buy another in January. This change would
allow that license to expire the following September.
We are also proposing modifications to the Dangerous Animal Ordinance. Based on
previous experience with enforcement and not allowing any snakes in the family Boidae,
proposed is an exception for Sand Boa constrictor snakes, which are not considered
dangerous. The list of dangerous animals has also been updated to be more specific
and inclusive.
Other changes include:
® Dog or cat license to be attached to a collar or harness on the dog or cat at all
times.
® A "current" rabies vaccination for home confinement eligibility.
® Changing the time from when an animal is required to be vaccinated from 3 to 4
months of age based on veterinarians' recommendations.
® The ability to require a potentially vicious dog to be microchipped if necessary,
based on the fact that the potentially vicious dog may change owners.
Since the Code of Ordinance review, license fee changes are set by the City Manager.
I am recommending dog and cat license fees be increased from $10 to $12 for
spayed/neutered animals, and from $25 to $30 for non-spayed/non-neutered animals,
effective January 1, 2009. License fees have not been increased since 2003. This
increase will partially offset the fee charged by PetData ($3.85 per license sold) and the
Purchase of Service cost for handling impounded and stray animals.
RECOIVIIVIEN®ATION
I recommend forwarding the Animal Ordinance changes to the City Council for their
approval. I also recommend increasing dog and cat license fees.
CITY COUNCIL ACTION
Adopt the attached Ordinance.
M RC/cj
Preparers Marv Rose Corrigan, RN, Public Health Specialist Address: 1300 Main
Street, Dubuque, Iowa 52001 Telephone: (563) 589-4181
ORDINANCE NO. 76-08
AMENDING THE CITY OF DUBUQUE CODE OF ORDINANCES BY
REPEALING CHAPTER 7 ANIMALS AND FOWL AND ADOPTING A
NEW CHAPTER 7 ANIMALS AND FOWL IN LIEU THEREOF
PROVIDING RESTRICTIONS ON MAINTAINING LIVESTOCK AND THE
STORAGE OF ANIMAL FOOD; PROHIBITING THE HARBORING A
VICIOUS DOG OR CAT; PROVIDING FOR THE LICENSING OF DOGS
AND CATS; ESTABLIISHING REQUIREMENTS FOR RABIES
CONTROL; PROHIBITING THE KEEPING OF DANGEROUS ANIMALS;
AND ESTABLISHING PROCEDURES FOR THE DECLARATION OF
POTENTIALLY VICIOUS DOGS.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1. Chapter 7 of the City of Dubuque Code of
Ordinances is hereby amended to read as follows:
Chapter 7
ANIMALS AND FOWL
ARTICLE I. IN GENERAL
Sec. 7-1. Sale Of Baby Chickens, Rabbits And Ducklings Restricted -
Amendments:
(a) It shall be unlawful for any person to sell, or offer for sale,
barter, or give away, baby chicks or ducklings or other fowl as pets
or novelties.
(b) This section shall not be construed to prohibit the display or
sale of natural chicks, ducklings in proper brooder facilities, by
hatcheries or stores engaged in the business of selling the same to
be raised for commercial purposes.
(c) No person shall engage in the business of selling baby
chicks, poultry or domestic fowl within the city unless such person
has been licensed to do so by the department of agriculture of the
state.
Sec. 7-2. Restrictions On Maintaining Livestock:
(a) No person shall keep or maintain within the corporate limits
of the city any pens, buildings, yards, sheds or enclosures wherein
any cattle, sheep ,swine or other livestock are collected, kept or
fed for commercial purposes unless such pens, buildings, yards,
sheds or enclosures are erected, constructed and maintained as
provided in this section.
(b) All such pens, buildings, yards, sheds or enclosures shall be
erected and maintained with floors constructed of concrete at least
four inches (4") thick with a smoothly troweled wearing surface.
(c) All such concrete floors shall be constructed so as to drain to
a catch basin or basins connected with the sanitary sewage system
of the city, or in the event there is no such sewage system within
two hundred feet (200') from the property line, such basin or basins
shall be connected with a sewage disposal system approved by the
city manager.
Sec. 7-3. Storage of Animal Food Restricted.
All food and feed within the city for feeding chickens, cows, pigs, horses,
and other animals shall be stored in rat-free and rat-proof containers,
compartments, or rooms unless stored in a ratproof building.
Secs. 7-4-7-15. Reserved:
ARTICLE II. DOGS AND CATS
DIVISION 1. GENERALLY
Sec. 7-16. Definitions -Amendments:
The following definitions shall apply in the interpretation of this article:
At Large: Includes any dog, cat or livestock, fowl or ferret found off
the premises of the owner or keeper. A dog or cat shall not be
deemed at large if the dog or cat is:
(1) Attached to a leash of sufficient strength and appropriate
length to control the animal where such leash is held by its
owner or keeper; or
(2) Restrained within an enclosed motor vehicle or by crate
or leash of sufficient strength and appropriate length to keep
the dog or cat within the motor vehicle; or
(3) Housed in a licensed veterinarian's animal hospital; or
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(4) Accompanied by the owner or keeper on the premises of
another with such person's consent and restrained by an
adequate protective fence or by leash, cord, chain or other
similar restraint that does not allow the dog or cat to go
beyond such person's property line or to come into contact
with anyone outside such person's property line.
Cat: Both male and female animals in the family Felis catus
whether neutered or not.
Dog: Both male and female animals of the canine species whether
neutered or not, but not including a law enforcement dog.
Keeper: Any person other than the owner keeping, sheltering,
having control or custody of or harboring an animal.
Kennel: Shall refer to a place or establishment where dogs or cats
are kept or raised for the purpose of breeding, boarding, racing at
a licensed pari-mutuel track, exchanged or offered for sale to the
general public and which are kept under constant restraint.
Neutered: Shall refer to a surgical procedure that has been
performed on a dog or a cat that renders it incapable of siring or
bearing offspring.
Nuisance: A dog or cat shall be considered a nuisance if it:
(1) Damages, soils, defiles or defecates on private property
other than the owner's or keeper's or on public walks and
recreation areas unless such waste is immediately removed
and properly disposed of by the owner or keeper.
(2) Causes unsanitary, dangerous or offensive conditions.
(3) Causes a disturbance by excessive barking or other
noisemaking or chases vehicles, or molests, attacks or
interferes with persons or other domestic animals on public
property.
Owner: Any person owning a cat, dog, or other animal.
Vicious Animal: A vicious cat or dog is deemed so when it shall
have attacked or bitten any person on more than one occasion
without provocation or when an attack or bite results in serious
bodily injury.
3
Sec. 7-17. Harboring A Vicious Dog Or Cat -Amendments:
It shall be unlawful for any person or persons to harbor or keep a vicious
dog or cat within the city.
Sec. 7-18. Nuisance -Amendments:
It shall be unlawful for any owner or keeper to permit a dog or cat to
commit a nuisance.
Sec. 7-19. Female Dogs In Season-Amendments:
It shall be unlawful for any owner or keeper to allow a female dog in
season to run at large or to so confine such dog as to attract male dogs to
the area and by their presence cause a nuisance.
Sec. 7-20. City manager's Authority-Amendments:
The city manager is hereby authorized to contract from year to year with
any pound or animal shelter as defined by section 162.2 of the Code of
Iowa for carrying out the provisions of this article including the collection,
protection and disposition of dogs, cats and other animals and the
collection of fees for licensing and care of seized and impounded dogs
and cats.
Sec. 7-21. Impoundment -Amendments:
Any unlicensed dog or cat except kennel dogs or cats and any licensed
dog or cat found at large shall be subject to seizure and impoundment in a
place provided by the city.
Sec. 7-22. Notice To Owners Of Licensed Dogs Or Cats:
Whenever any licensed dog or cat has been seized or impounded
pursuant to this article, notice of such action shall be given as provided in
this Article.
Sec. 7-23. Redemption -Amendments:
(a) Except as otherwise provided, the possession of any
licensed dog or cat seized or impounded pursuant to this article
may be obtained by the owner or keeper by paying an
impoundment fee as established by the city manager together with
the separate daily fee for keeping such dog or cat each day or
fraction thereof during the time that such dog or cat is impounded.
4
Upon the second subsequent impoundment of the same animal
within three hundred sixty five (365) days, an impoundment fee of
as established by the city manager shall be assessed together with
the separate daily fee for keeping such dog or cat each day or
fraction thereof during the time which said dog or cat is impounded.
(b) Upon proper identification the owner may redeem an
unlicensed dog or cat seized or impounded pursuant to this article
after licensing the animal or agreeing to purchase a license within
ten working days. Failure to do so shall result in an additional fee
as established by the city manager added to the license fee.
Sec. 7-24. Disposition Of Unredeemed Dogs Or Cats -Amendments:
The code adopted by Section 7-24 of this Chapter is hereby amended as
provided in this Section:
(a) If the owner or keeper of a licensed dog or cat impounded
pursuant to this article does not redeem such animal within five (5)
days after the mailing of the notice provided for in this article, the
license shall automatically be revoked and the animal disposed of
as directed by the city manager.
(b) Any unlicensed dog or cat not redeemed by the owner within
three (3) days after it has been seized or impounded shall be
disposed of as directed by the city manager.
Sec. 7-25. Running At Large -Amendments:
It shall be unlawful for any owner or keeper to permit or allow a dog, cat,
ferret, livestock or fowl to run at large.
Sec. 7-26. Directing Dog With Malicious Intent -Amendments:
No person shall direct, encourage, cause, allow or otherwise aid or assist
any dog to threaten, charge at, intimidate, bite, harass, menace or attack
any person.
Sec. 7-27. Use Of Dog In Illegal Activity Prohibited -Amendments:
No person shall keep, maintain, control or retain custody of any dog in
conjunction with, or for the purpose, whether in whole or in part, of aiding,
abetting or conducting illegal activity or committing any crime.
Sec. 7-28. License Required -Amendments:
5
No person shall keep a dog or cat in the city of Dubuque unless such dog
or cat is licensed by the city as provided in this article. This section shall
not apply to veterinary clinics and boarding facilities.
Secs. 7-29-7-31. Reserved:
DIVISION 2. LICENSE
Sec. 7-32. Application -Amendments:
The owner or keeper shall make application for a license with the city
manager. The.. application shall give the name, physical address, date of
birth or social security number of the owner or keeper, the sex and
description of the dog or cat, and if known, its breed and age. In the event
of a change of ownership, the license holder shall notify the city clerk of
such change. All dogs and cats shall be licensed by not later than four (4)
months of age.
Sec. 7-33. Dogs-License Fee -Amendments:
(a) The license fee per calendar year, or fraction thereof, for a
dog license shall be as established by the city manager.
(b) The applicant or licensee shall furnish written proof from a
licensed veterinarian that surgical procedures have been performed
that render either male or female dogs incapable of reproduction.
Sec. 7-34. Dogs-Expiration; Renewal; Delinquent Fee -Amendments:
All dog licenses issued under this division shall expire one year from the
date the license was issued and shall become delinquent 30 days after the
license anniversary date. A delinquent fee as established by the city
manager, shall be added to the required license fee for each delinquent
dog license.
Sec. 7-35. Cats-License Fee -Amendments:
(a) The license fee per calendar year, or fraction thereof, shall
be as established by the city manager.
(b) The applicant or licensee shall furnish written proof from a
licensed veterinarian that surgical procedures have been performed
that render either male or female cats incapable of reproduction.
Sec. 7-36. Cats-Expiration; Renewal; Delinquent Fees -Amendments:
6
All cat licenses issued under this division shall expire one year from the
date the license was purchased and shall become delinquent 30 days
after the license anniversary date. A delinquent fee as established by the
city manager shall be added to the required license fee for each
delinquent cat license.
Sec. 7-38. Tags Not Transferable:
A license issued for any dog or cat shall not be transferred to another dog
or cat.
Sec. 7-39. Tags To Be Attached -Amendments:
The owner or keeper of a dog or cat license, upon procurement of the
license, shall securely attach the license tag to a collar or harness and this
collar or harness, with the tag attached shall at all times be kept on the
dog or cat. Any dog or cat found at large without a collar or harness with
license tag attached shall be deemed unlicensed and shall be impounded.
Sec. 7-40. Fee For Duplicate -Amendments:
The fee for a duplicate license for either a dog or cat shall be as
established by the city manager.
Sec. 7-41. Consent Implied From Application And Receipt -
Amendments:
The application for and the receipt of a license as required in this division
shall include an implied consent by the owner or keeper to permit an
inspection of both real and personal property under the owner's or
keeper's control for the purpose of carrying out the provisions of this
article relating to the harborage of vicious animals or to the control of
rabies outbreak or relating to the provisions of law relative to the
prohibition of cruelty to animals.
Secs. 7-42-7-44. Reserved:
DIVISION 3. RABIES CONTROL
Sec. 7-45. Vaccination Required -Amendments:
(a) It shall be unlawful for the owner or keeper of any
domesticated species of dog or cat to keep or maintain such animal
unless the dog or cat shall be vaccinated against rabies by a
licensed veterinarian with a vaccine approved by the Iowa
7
department of agriculture and administered in accordance with the
following schedule:
Age At
Primary
Class Of Vaccination
Animal (Months) Booster
Dogs 4 1 year later, triennially thereafter
Cats 4 Annually or 1 year later, triennially
thereafter
*Approved 3 year vaccine may be substituted.
(b) It shall be unlawful for the owner or keeper of any ferret to
keep or maintain such animal unless the ferret shall be vaccinated
against rabies by a licensed veterinarian with a vaccine licensed for
the use in ferrets and administered in accordance with the following
schedule:
Age at
Primary
Class of Vaccination
Animal (months)
Ferret 4
(c) Inactivated
accordance with
Agriculture.
Booster
Annually
nervous tissue vaccine may only be used in
the rules of the Iowa State Department of
(d) A copy of the official rabies vaccination certificate approved
by the Iowa State Department of Agriculture shall be a condition
precedent to the issuance of any license authorized by this article.
(e) Each veterinarian within the city limits shall forward to the
city manager by no later than the tenth of each month a copy of
each official rabies vaccination certificate, with the owner's or
keeper's address, issued by the veterinarian during the preceding
month.
Sec. 7-46. Confinement authorized -Amendments.
(a) The owner or keeper of any dog or cat or other animal which
has contracted rabies, or which has been subject to rabies, or
which has bitten or caused skin abrasion to any person shall
8
produce and surrender up such dog, cat or other animal to be held
in confinement in a licensed veterinarian's animal hospital under
the supervision of a licensed veterinarian and in quarantine for
observation for a period of ten (10) days from the date the bite
occurred at the expense of the owner or keeper of the animal.
(b) Any animal bitten or attacked by any known rabid animal
shall be quarantined under direction of the health officer by being
confined and in quarantine as provided above for a minimum of
ninety (90) days.
(c) The owner or keeper of any dog or cat or other animal which
has bitten a person may apply to the city manager to have the
animal released for the purpose of home quarantine. Home
quarantine shall not be permitted unless all of the following
conditions are met:
(1) The animal must have a current rabies vaccination.
The vaccination certification must bear the description of the
animal, the type of vaccine used, the expiration of the
vaccination, and the signature of the veterinarian
administering the vaccination;
(2) The animal must have a current city license, if the
animal is four (4) months of age or older;
(3) The animal must not have been running at large at
the time of the bite;
(4) The animal has not previously bitten any person;
(5) Prior to approval of home quarantine, the owner or
keeper must have the animal examined by a veterinarian,
licensed in the State of Iowa, who shall certify that the
animal appears to be free of rabies or any other zoonosis.
Such examination and certification must be repeated on the
tenth day.
(6) The owner or keeper must demonstrate to the
satisfaction of the city manager that the owner or keeper has
the proper facilities and the ability to adequately and properly
confine the animal to the owner or keeper's home or property
during the quarantine period.
(7) The owner or keeper must agree to immediately notify
the city manager of any changes in the animal's health or
9
disposition, to allow representatives of the City Manager to
enter upon the property and to examine the animal at any
time and to immediately take the animal to a licensed
veterinarian for examination at any time when directed by
the city manager.
(8) The owner or keeper must agree to promptly pay all
costs of veterinarian examinations during the quarantine
period.
(9) The owner or keeper must further agree to
immediately surrender the animal at any time the city
manager determines that the home quarantine should be
terminated, or at any time that any provisions or conditions
of home quarantine are violated, in which event the animal
shall be put in the custody of a licensed veterinarian of the
State of Iowa in the City of Dubuque for the remainder of the
quarantine period.
(10) If the city manager determines at any time that home
confinement is not appropriate for the animal, quarantine at
a veterinary hospital shall be ordered.
(11) The person bitten, or if a minor, the person's parent or
guardian, must sign an acknowledgement indicating that the
person has been advised of the risks of rabies, that if the
animal disappears during home quarantine, the person may
have to undergo post-exposure rabies prophylaxis, and that
the person does not object to home quarantine. The
acknowledgement shall also relieve the City of Dubuque, its
agents, officers, and employees from any liability if the
animal disappears during home quarantine.
(12) The owner or keeper shall also execute an indemnity
agreement in favor of the City of Dubuque, which shall
provide that the owner or keeper shall save harmless,
defend and indemnify the City of Dubuque and its officers,
agents and employees from any or all claims of any kind
arising out of the home quarantine.
(13) The owner or keeper shall agree in writing that if the
animal disappears during the home quarantine, the owner or
keeper shall indemnify the person bitten for any and all
medical expenses incurred as a result of the disappearance
of the animal. Acceptance of any such payments by the
person bitten shall not in any way release the owner or
10
keeper from any other liability the owner may have to the
person bitten by reason of the animal bite. It shall be the sole
responsibility of the person bitten, and not the responsibility
of the city, to enforce such agreement. This paragraph shall
not apply if the person bitten is the owner or keeper of the
animal or any person residing with the owner or keeper.
(d) If an undomesticated or wild animal such as a skunk, bat,
fox, raccoon or other carnivore bites a person, whether or not the
animal's owner or keeper is known, the animal shall be humanely
destroyed and examined for rabies immediately.
Sec. 7-47. Reporting rabies; notice to city manager -Amendments.
(a) It shall be the duty of the owner or keeper of any cat, dog or
other domesticated animal suspected of being rabid that has
attacked, bitten or caused any skin abrasion upon any person to
report such incident to the city manager.
(b) It shall be the duty of the victim who has been attacked,
bitten or caused a skin abrasion by any cat, dog or other
domesticated animal suspected of being rabid to report such
incident to the city manager.
(c) It shall be the duty of any physician or veterinarian
immediately to transmit information to the city manager that may
come to such physician or veterinarian through such physician's or
veterinarian's professional capacity with reference to any person
having been attacked, bitten or having skin abrasions by any dog,
cat or other domestic animal.
Sec. 7-48. Notification to police or city manager of dead animals -
Amendments.
Any person finding a dead dog or cat shall at once notify the police
department or the city manager.
Sec. 7-49. Punishment for harboring known rabid dog, cat or other
domestic animal -Amendments.
Any person or keeper who shall knowingly harbor or keep any dog, cat or
other animal infected with rabies, or with knowledge that their animal was
bitten by a rabid animal, fails to report such incident to the city manager or
police, shall be punished as provided in section 1-8 of this Code.
11
Sec. 7-50. Prohibited Actions After Mayor's Proclamation Of
Emergency -Amendments:
When the Mayor, pursuant to resolution of the City shall declare an
emergency due to rabies:
(a) It shall be unlawful for the owner of any dog, cat or other
domestic animal to permit such animal to be at large.
Any dog, cat or domesticated animal found to be at large shall be
deemed to be so with the permission or at the sufferance of its
owner or keeper.
(b) It shall be unlawful for any person except the owner or
keeper of a dog, cat or other domestic animal, or the owner's or
keeper's agent to open any door or gate of any private premises for
the purpose or result of setting such animal at large.
(c) Any licensed or unlicensed dog, cat or other domestic
animal found at large shall be impounded by the city manager or
police department.
Secs. 7-51-7-74. Reserved:
ARTICLE III. DANGEROUS ANIMALS
Sec. 7-75. Definitions -Amendments:
Unless otherwise expressly stated or the context clearly indicates a
different intention, the following terms shall, for the purpose of this Article,
have the meanings in this Section:
City: The City of Dubuque.
City manager, Chief of Police, and City Clerk: Those employees of
the City of Dubuque duly appointed and holding those positions.
Dangerous Animal:
(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;
12
(2) Any animal(s) declared to be dangerous by the city
manager or the city manager's designee; or
(3) The following animals which shall be deemed to be
dangerous 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. All apes, baboons, macaques, monkeys and
chimpanzees;
g. Alligators and crocodiles;
h. Scorpions;
i. Snakes and reptiles that are venomous;
j. Snakes that are constrictors, with the exception of
Sand Boa Constrictors;
k. Gila monsters; and
I. Opossums
m. Any crossbreed of such animals which have
similar characteristics of the animals specified
above.
Sec. 7-76. Dogs, Cats Exempted -Amendments:
The provisions of this Article shall not apply to domestic dogs or cats.
Sec. 7-77. Keeping Of Dangerous Animals Prohibited -Amendments:
No person shall keep, shelter, or harbor for any purpose within the City a
dangerous animal except as provided in Sections 7-78, 7-79, and 7-81 of
this Article.
Sec. 7-78. Dangerous Animals, Exceptions -Amendments:
The prohibition contained in Section 7-77 of this Article and the licensing
provisions of Section 7-79 of this Article shall not apply to the keeping of
dangerous animals in the following circumstances:
(a) The keeping of dangerous animals in a public zoo, bona fide
educational or medical institution, humane society, or museum
where they are kept as live specimens for the public to view, or for
the purpose of instruction, research or study.
13
(b) The keeping of dangerous animals for exhibition to the public
by a bona fide traveling circus, carnival, exhibit or show licensed to
perform in the City.
(c) The keeping of dangerous animals in a bona fide, licensed
veterinary hospital for treatment.
(d) The keeping of dangerous animals by a wildlife rescue
organization, with appropriate permit from the Iowa Conservation
Commission or the Iowa Department of Natural Resources.
(e) Any dangerous animals under the jurisdiction of and in the
possession of the Iowa Conservation Commission, pursuant to
chapter 109 or 109A of the Iowa Code.
(f) A bona fide commercial pet shop licensed and inspected by
the Iowa Department of Agriculture. Any such pet shop shall post in
a conspicuous place, the following notice:
NOTICE
Section 777 of the City of Dubuque Code of Ordinances
prohibits the keeping,
sheltering or harboring for any purpose within the City of
Dubuque, any dangerous animal, as defined in Section 775.
Dangerous animal includes but is not limited to the following:
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. All apes, baboons, macaques, monkeys and
chimpanzees;
g. Alligators and crocodiles;
h. Scorpions;
i. Snakes and reptiles that are venomous;
j. Snakes that are constrictors, with the exception of
Sand Boa Constrictors;
k. Gila monsters; and
I. Opossums
m. Any crossbreed of such animals which have
similar characteristics of the animals specified
above.
14
Sec. 7-79. Keeping Of Dangerous Animals Regulated -Amendments:
(a) Any person keeping, sheltering or harboring a dangerous
animal shall at all times keep such animal securely confined within
a cage or other enclosure approved by the Health Services Officer.
(b) No person keeping, sheltering or harboring a dangerous
animal shall permit or allow such animal to enter upon or traverse
any public property, park property, public right of way, or any
business establishment licensed by the city, or the property of
another except when such animal is being transported while caged
or confined.
(c) It shall be the duty of the animal keeper, shelterer or
harborer to report to the city manager/police department when a
dangerous animal is found missing.
(d) No person shall keep, shelter or harbor a dangerous animal
which has demonstrated without provocation to attack or bite.
Sec. 7-80. General Prohibition And Duty -Amendments:
No person shall aid or cause any dangerous animal, whether owned by
such person or not, to escape confinement or impoundment, whether such
confinement or impoundment be upon such person's property or that of
another by opening any gate, door or window or making any opening of
any fence, enclosure or structure or by unleashing such animal.
Sec. 7-81. Seizure, Impoundment And Disposition Of Dangerous
Animals -Amendments:
(a) In the event that a dangerous animal is found at large upon
public property, park property, public right(s) of way, or the property
of someone other than its keeper, harborer or shelterer thereby
creating a hazard to person or property, such animal may, in the
discretion of the city manager be destroyed if it cannot be confined
or captured. The city shall be under no duty to attempt the
confinement or capture of dangerous animal found at large, nor
shall it have a duty to notify the keeper, harborer, or shelterer of
such animal prior to its destruction.
(b) Upon the complaint of any individual that a person is
keeping, sheltering, or harboring a dangerous animal on-premises
in the city in violation of section 7-77, 7-79, 7-80 of this article or
that a person is keeping, sheltering or harboring a dangerous
animal which has demonstrated a propensity to attack or bite
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without provocation, the city manager shall order the person named
in the complaint to safely remove such animal from the city,
permanently place the animal with an organization or group allowed
under section 7-78 of this article to possess dangerous animals, or
destroy the animal, within three (3) days of the receipt of such
order. Such order shall be contained in a notice to remove the
dangerous animal, which notice shall be in writing and delivered
personally or by certified mail to the person keeping, sheltering or
harboring the dangerous animal. Such order and notice to remove
the dangerous animal shall not be required where the health
services officer determines that such dangerous animal has
previously caused serious physical harm or death to any person in
which case the health services officer shall cause the animal to be
immediately seized and impounded or killed if seizure and
impoundment are not possible without risk of serious physical harm
or death to any person.
(c) The order to remove a dangerous animal issued by the city
manager may be appealed to the city council. To appeal such
order, written notice of appeal stating the grounds for the appeal
must be filed with the city clerk within three (3) days after receipt of
the order and notice to remove the dangerous animal. Failure to file
such written notice of appeal shall constitute a waiver of the right to
appeal the order of the health services officer.
(1) The hearing on the appeal shall be within fourteen
(14) days of the filing of the notice of appeal with the city
clerk. The hearing may be continued for good cause.
(2) After such hearing, the city council may affirm or
reverse the order of the city manager. Such determination
shall be contained in a written decision and shall be filed with
the city clerk within three (3) days after the hearing, or any
continued session thereof.
(3) If the city council affirms the action of the city
manager, the city council shall order in its written decision
that the person sheltering, harboring, or keeping such
dangerous animal, remove such animal from the city,
permanently place such animal with an organization or group
allowed under section 7-78 of this article to possess
dangerous 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.
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(d) If the order of the city manager is not appealed and is not
complied with within three (3) days of its issuance, the City
Manager is authorized to seize and impound such dangerous
animal. If the written decision of the city council is not complied with
within three (3) days of this issuance, the city manager is
authorized to seize and impound such dangerous animal. An
animal so seized shall be impounded for a period of seven (7)
days.
(e) If at the end of the impoundment period, the person against
whom the decision and order of the city manager or city council
was issued has not petitioned the Dubuque County district court for
review of said order, the city manager shall cause the animal to be
disposed of by sale, permanently place such animal to be disposed
of by sale, permanently place such animal with an organization or
group allowed under section 7-78 of this article to possess
dangerous animals, or destroy such animal in a humane manner.
ARTICLE IV. POTENTIALLY VICIOUS DOGS
Sec. 7-82. Potentially Vicious Dog -Amendments:
A "potentially vicious dog" is a dog that:
(a) When unprovoked, on two (2) separate occasions, has
engaged in any behavior that has required a defensive action by
any person to prevent bodily injury when the person and dog were
off of the property of the owner or keeper of the dog;
(b) When unprovoked, has attacked or bitten a person;
(c) When unprovoked, has inflicted a serious injury or caused
the death of a domestic animal, either on public or private property
other than the property of the owner or keeper; or
(d) When unprovoked, chases or approaches a person or
domestic animal upon the streets, sidewalks, or any public or
private property other than the property of the owner or keeper, in a
menacing fashion or apparent attitude of attack.
Sec. 7-83. Procedure For Declaration Of Potentially Vicious Dog -
Amendments:
(a) The city manager may find and declare an animal potentially
vicious based upon the following:
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(1) The written complaint of a citizen that the animal has
acted in a manner set forth in section 7-82 of this article;
(2) Dog bite reports filed with the health services
department;
(3) Actions of the dog witnessed by any animal control
officer or law enforcement officer; or
(4) Other substantial evidence.
(b) The declaration of a potentially vicious dog shall be in writing
and shall be served on the owner or keeper in one of the following
methods: personally, by certified mail to the owner at the owner's or
keeper's last known address, or if the owner or keeper cannot be
served personally or by mail, by publication in a newspaper of
general circulation in the county.
(c) The declaration shall state:
(1) The description of the animal;
(2) The name and address of the owner or keeper of the
animal, if known;
(3) The whereabouts of the animal, if not in the custody
of the owner or keeper;
(4) The facts upon which the declaration of potentially
vicious dog is based;
(5) The owner's or keeper's right to a hearing if the
person objects to the declaration;
(6) The restrictions placed upon the animal as a result of
the declaration of potentially vicious dog; and
(7) The penalties for a violation of such restrictions.
(8) If the city manager so determines, that the owner or
keeper be required to have microchip identification implanted in the
dog.
(d) The owner or keeper may object to the declaration of
potentially vicious dog by requesting a hearing before the city
manager by submitting a written request to the city manager within
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ten (10) days of the date of mailing of the declaration, or within ten
(10) days of the publication of the declaration.
(1) If the city manager finds that there is insufficient
evidence to support the declaration, it shall be rescinded, and the
restrictions imposed thereby annulled.
(2) If the city manager finds sufficient evidence to support
the declaration, the city manager shall provide the owner with
written notice of such determination within five (5) working days
after the hearing.
(3) Prior to the hearing, the owner or keeper shall confine
the dog in a fenced enclosure on the owner's or keeper's premises.
It shall be unlawful for the owner or keeper of the potentially vicious
dog to allow or permit such dog to go beyond the premises of the
owner or keeper unless such dog is securely leashed and
humanely muzzled or otherwise securely restrained.
(4) If it is determined by the animal control officer or law
enforcement officer that probable cause exists to believe the dog in
question poses an immediate threat to public safety, then the
animal control officer or law enforcement officer may seize and
impound the dog pending the hearing to be held pursuant to this
article. The owner or keeper of the dog shall be liable to the city or
county where the dog is impounded for the costs and expenses of
keeping the dog if the dog is later determined to be potentially
vicious. When a dog has been impounded and it is not contrary to
public safety, the animal control officer shall permit the animal to be
confined at the owner's expense in a health services department
approved kennel or veterinary facility.
Sec. 7-84. Notification Of Status Of Potentially Vicious Dog -
Amendments:
The owner or keeper shall immediately notify the health services
department when a dog which has been classified as potentially vicious:
(a) Is loose or unconfined;
(b) Has bitten a human being or attacked another animal;
(c) Is sold or given away, or dies; or
(d) Is moved to another address.
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Prior to a potentially vicious dog being sold or given away, the owner or
keeper shall provide the name, address and telephone number of the new
owner or keeper to the health services department. The new owner or
keeper shall comply with all the requirements of this chapter.
Sec. 7-85. Exceptions To Classification -Amendments:
The code adopted by Section 7-85 of this Chapter is hereby amended as
provided in this Section:
(a) No dog may be declared potentially vicious if:
(1) Any injury or damage was sustained by a person who,
at the time of the injury or damage was sustained, was
committing a willful trespass or other tort upon premises
occupied by the owner or keeper of the dog, or was teasing,
tormenting, abusing, or assaulting the dog, or was
committing or attempting to commit a crime;
(2) The dog was protecting or defending a person within
the immediate vicinity of the dog from an unjustified attack or
assault; or
(3) The injury or damage was sustained by a person or a
domestic animal, which at the time of the injury or damage
was sustained, was teasing, tormenting, abusing or
assaulting the dog.
(b) No dog may be declared potentially vicious if the injury or
damage to a domestic animal was sustained while the dog was
working as a hunting dog, herding dog or predator control dog on
the property of, or under the control of, its owner or keeper, and the
damage or injury was to a species or type of domestic animal
appropriate to the work of the dog.
Sec. 7-86. Disposition Of Potentially Vicious Dog -Amendments:
(a) A potentially vicious dog shall be properly licensed and
vaccinated. The potentially vicious designation shall be included in
the registration records of the dog. The city may charge a
potentially vicious dog fee in addition to the regular licensing fee to
provide for the increased costs of maintaining the records of the
dog.
(b) A potentially vicious dog, while on the owner's or keeper's
property, shall at all times be kept indoors or in a securely fenced
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yard from which the dog cannot escape and into which children
cannot trespass. A potentially vicious animal may be off the owner's
or keeper's, premises only if restrained by a substantial leash, of
appropriate length, and if the dog is under the control of a
responsible adult and is humanely muzzled.
(c) If a potentially vicious dog dies, or is sold, transferred or
permanently removed from the city, the owner or keeper of the dog
shall notify the health services department of the changed condition
and new location of the dog in writing within two (2) working days.
Section 2. This Ordinance shall take effect upon publication.
Passed, approved and adopted this 3rd day of November'
2008
Roy Buol, Mayor
Attest:
Jeanne F. Schneider, City Clerk
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