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Animal Control OrdinanceMEMORANDUM September 25, 2001 TO: FROM: SUBJECT: The Honorable Mayor and City Council Members Michael C. Van Milligen, City Manager Animal Ordinance Changes Members of the Intemal Working Group, citizens, and Health Services Department staff have expressed the need to devise provisions in the Animal Control Ordinance to deal with vicious dogs. In particular, the COP's have expressed concern over dog owners using fighting breed-type dogs, namely Pit Bulls, Rotweilers, and various mixed breeds, for criminal activity, for fighting, and to intimidate people. Police Officers have concerns for their own safety when dealing with these citizens and dogs. The Police Department also has concerns that many of these fighting breed dogs are being used for illegal dogfights, and for protection of criminal activity. Citizens have expressed concerns to the Health Services and Police Departments over safety issues regarding these breeds of dogs in their neighborhoods. Finally, the Health Services Department has received complaints from incidences involving fighting breed and other dogs, where the Bite Ordinance was not adequate to address problems. For instance, an animal may have attacked a person and the skin was not broken, or a dog may have attacked another dog, or citizens owning vicious dogs were not able to appropriately handle their dogs when out in public. A task force was formed to study the issue and form recommendations. Through their research and discussions, the task force reached consensus on not eliminating or banning certain breeds of dogs, or mixed breeds of dogs, within the city limits. Although several communities are outlawing such animals as Pit Bulls or Rotweilers, the task force members agreed that it is not necessarily the breed of dog that has the potential to cause problems, but how the owner trains and take care of the dogs. Many breeds have the potential to be vicious or harmful to others if they are trained to do so, or if they are mistreated. The responsibility for dog behavior is that of the owner, not the breed. Public Health Specialist Mary Rose Corrigan recommends adoption of the changes to Animal Control Ordinance relative to vicious dogs and minor updates. I concur with the recommendation and respectfully request Mayor and City Council approval. Michael C. Van Milligen MCVM/jh Attachment CC: Barry Lindahl, Corporation Counsel Cindy Steinhauser, Assistant City Manager Mary Rose Corrigan, RN, Public Health Specialist TO: FROM: SUBJECT: CITY OF DUBUQUE, IOWA MEMORANDUM September 24, 2001 Michael C. Van Milligen City Manager Mary Rose Corrigan, RN, Public Health Specialist Animal Ordinance Changes INTRODUCTION This memomndum suggests draft changes to the Animal Control Ordinance relative to vicious dogs and minor updates. BACKGROUND Members of the Internal Working Group, citizens, and Health Services Department staff have expressed the need to devise provisions in the Animal Control Ordinance to deal with vicious dogs. In particular, the COP's have expressed concern over dog owners using fighting breed-type dogs, namely Pit Bulls, Rotweilers, and various mixed breeds, for criminal activity, for fighting, and to intimidate people. Police Officers have concerns for their own safety when dealing with these citizens and dogs. The Police Department also has concerns that many of these fighting breed dogs are being used for illegal dogfights, and for protection of criminal activity. Citizens have expressed concerns to the Health Services and Police Departments over safety issues regarding these breeds of dogs in their neighborhoods. Finally, the Health Services Department has received complaints from incidences involving fighting breed and other dogs, where the Bite Ordinance was not adequate to address problems. For instance, an animal may have attacked a person and the skin was not broken, or a dog may have attacked another dog, or citizens owning vicious dogs were not able to appropriately handle their dogs when out in public. A task force was formed to study the issue and form recommendations. Members of the task force included: Dr. M. L. Neumeister, Neumeister Animal Hospital Dr. Lenny Kutsch, Central Animal Hospital Dr. Alison Riley, Pet Med Robin McFarland, professional dog trainer, owner of That's My Dog Jane McCall, Director, Humane Society Cory Sommer, COP, Dubuque Police Department Pablo Ramirez, COP, Dubuque Police Department Sue Barnes, Animal Control Officer Barry Lindahl, City Corporation Council Dr. John Haupert, DVM The task force met three times to discuss local issues relative to fighting breed dogs. They researched ordinances in other cities and staff gathered information from the National Animal Control Association (NACA.) Through their research and discussions, the task force reached consensus on not eliminating or banning certain breeds of dogs, or mixed breeds of dogs, within the city limits. Although several communities are outlawing such animals as Pit Bulls or Rotweilers, the task force members agreed that it is not necessarily the breed of dog that has the potential to cause problems, but how the owner trains and take care of the dogs. Many breeds have the potential to be vicious or harmful to others if they are trained to do so, or if they are mistreated. The responsibility for dog behavior is that of the owner, not the breed. The attached draft ordinance provides several additions and changes: ;> General language cleanup throughout the ordinance > Provides for a new definition of an "at-large" animal > Adds language prohibiting directing a dog with malicious intent or using a dog for illegal activity. These provisions address concerns of the Police Department based on experiences they have had in the past. >' Revises the definition of "vicious animal." In the past, the Health Services Department has used the vicious animal ordinance at their discretion, but it alone did not cover incidences where an actual bite or attack did not occur. > Adds the definition of "potentially vicious dog." The potentially vicious dog definition provides four separate types of incidences that may deem a dog potentially vicious. A procedure is then given for declaring a dog potentially vicious, including a hearing process. The requirements for owning a potentially vicious dog are also set forth. The task force reviewed and approved these ordinance revisions, which were a result of their research, expertise and discussions. RECOMMENDATION I recommend that we forward the changes of the Animal Ordinance to the City Council for their approval. CITY COUNCIL ACTION Adopt the attached Ordinance. MRC/cj ORDINANCE NO. 60-01 AN ORDINANCE AMENDING CHAPTER 7 ANIMALS AND FOWL, ARTICLE II, DOGS AND CATS, BY AMENDING SEC. 7-16 DEFINITIONS, SEC. 7~18 NUISANCE, SEC. 7- 19 FEMALE DOGS IN SEASON, SEC. 7-23 REDEMPTION, SEC. 7-24 DISPOSITION OF UNREDEEMED DOGS OR CATS, SEC. 7-25 RUNNING AT LARGE; BY ADOPTING A NEW SEC. 7-26 DIRECTING DOG WITH MALICIOUS INTENT; BY ADOPTING A NEW SE. 7-27 USE OF DOG IN ILLEGAL ACTIVITY; BY ADOPTING A NEW SEC. 7-28.10 KEEPING UNLICENSED DOG OR CAT PROHIBITED; BY AMENDING SEC. 7-32 APPLICATION FOR LICENSE, SEC. 7-33 DOGS-LICENSE FEE, 7-35 CATS-LICENSE FEE; AND BY ADOPTING A NEW ARTICLE IV POTENTIALLY VICIOUS DOGS, DEFINING POTENTIALLY VICIOUS DOG, PROVIDING A PROCEDURE FOR DECLARATION OF POTENTIALLY VICIOUS DOG AND THE DISPOSITION OF POTENTIALLY VICIOUS DOG. Section. 1. Chapter 7 of the City of Dubuque Code of Ordinances is hereby amended as follows: (a) Sec. 7~16 is amended to read as follows: Sec. 7-16 Definitions: The following definitions shall apply in the interpretation of this Article: (1) Dog: Both male and female animals of the canine species whether neutered or not, but not including a law enforcement dog. (2) Cat: Both male and female animals in the family Fells catus whether neutered or not. (3) Owner: Any person owning a cat or dog. (4) Keeper: Any person other than the owner keeping, sheltering, having control or custody of or harboring a cat or dog. (5) Neutered: Shall refer to a surgical pf'ocedure that has been performed on a dog or a cat that renders it incapable of siring or bearing offspring. (6) At large: Includes any dog, cat or livestock, fowl or ferret found off the premises of the owner. A dog or cat shall not be deemed at large if the dog or cat is: a. 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 b. Restrained within an enclosed motor vehicle or by a crate or leash of sufficient strength and appropriate length to keep the dog or cat within the motor vehicle; or c. Housed in a licensed veterinarian's animal hospital; or d. 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. (7) 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. (8) Nuisance: A dog or cat shall be considered a nuisance if it: a. Damages, soils, defiles or defecates on private property other than the owner's or on public walks and recreation areas unless such waste is immediately removed and properly disposed of by the owner. b. Causes unsanitary, dangerous or offensive conditions. c. Causes a disturbance by excessive barking or other noise-making or chases vehicles, or molests, attacks or interl:eres with persons or other domestic animals on public property. (9) 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. (b) Sec. 7-17 is amended to read as follows: Sec. 7-17. Harboring A Vicious Dog Or Cat: It shall be unlawful for any person or persons to harbor or keep a vicious dog or cat within the city. (c) Sec. 7-18 is amended to read as follows: Sec. 7-18. Nuisance: It shall be unlawful for any owner or keeper to permit a dog or cat to commit a nuisance. (d) Sec. 7-19 is amended to read as follows: Sec. 7-19. Female Dogs In Season: 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. (e) Sec. 7-23 is amended to read as follows: Sec. 7-23. Redemption: (a) Except as otherwise provided, the owner may redeem a licensed dog or cat seized or impounded pursuant to this Article by paying the sum of twenty-five dollars ($25.00) plus 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. Upon the second subsequent impoundment of the same animal within three hundred sixty five (365) days, an impoundment charge of thirty-five dollars ($35.00) shall be assessed, plus 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 only after paying the license fee in addition to the charges required by paragraph (a). (f) Sec. 7-24 is amended to read as follows: Sec. 7-24. Disposition Of Unredeemed Dogs Or Cats: (a) If the owner 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 Health Officer. (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 Health Officer. (g) Sec. 7-25 is amended to read as follows: Sec. 7-25. Running At Large: It shall be unlawful for any owner or keeper to permit or allow a dog, cat, ferret, livestock or fowl to run at large. (h) The following new section is hereby adopted: Sec. 7-26. Directing Dog With Malicious Intent: 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. (i) The following new section is hereby adopted: Sec. 7-27. Use of Dog in Illegal Activity Prohibited: 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. (j) The following new section is hereby adopted: Sec. 7-28.10. 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. (k) Sec. 7-32 is amended to read as follows: Sec. 7-32. Application: The owner shall make application for a license at the office of the City Clerk. The forms shall give the name, address, and social security number of the owner, 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 must be licensed at three (3) months of age. (I) Sec. 7-33 is amended to read as follows: Sec. 7-33. Dogs-License Fee: (a) The license fee per calendar year, or fraction thereof, for a dog license shall be eight dollars ($8.00) for each neutered dog and eighteen dollars ($18.00) for each dog not neutered. (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. (m) Sec. 7-35 is amended to read as follows: Sec. 7-35. Cats-License Fee: (a) The license fee per calendar year, or fraction thereof, shall be eight dollars ($8.00) for each neutered cat, either male or female, and eighteen dollars ($18.00) for each male or female cat not neutered. (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. (n) The following new article is hereby adopted: ARTICLE IV. POTENTIALLY VICIOUS DOGS. Sec. 7-82. Potentially Vicious Dog. A potentially vicious dog is a dog that: (1) When unprovoked, on two 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; (2) When unprovoked, has attacked or bitten a person; (3) 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 (4) 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. (a) The Health Services Officer may find and declare an animal potentially vicious based upon the following: (1) The written complaint of a citizen that the animal has acted in a manner set forth in Sec. 7-82; (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 in one of the following methods: personally, by certified mail to the owner at the owner's last known address, or if the owner 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 of the animal, if known; (3) The whereabouts of the animal, if not in the custody of the owner; (4) The facts upon which the declaration of potentially vicious dog is based; (5) The owner'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. (d) The owner may object to the declaration of potentially vicious dog by requesting a hearing before the Health Services Officer by submitting a written request to the Health Services Officer within 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 Health Services Officer finds that there is insufficient evidence to support the declaration, it shall be rescinded, and the restrictions imposed thereby annulled. (2) If the Health Services Officer finds sufficient evidence to support the declaration, the Health Services Officer 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 shall confine the dog in a fenced enclosure on the owner's premises. It shall be unlawful for the owner of the potentially vicious dog to allow or permit such dog to go beyond the premises of the owner 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 probably 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. The owner shall immediately notify the Health Services Department when a dog which has been classified as potentially vicious: (1) Is loose or unconfined; (2) Has bitten a human being or attacked another animal; (3) Is sold or given away, or dies; or (4) Is moved to another address. Prior to a potentially vicious dog being sold or given away, the owner shall provide the name, address and telephone number of the new owner to the Health Services Department. The new owner shall comply with all the requirements of this Chapter. Sec. 7-85. Exceptions To Classification. (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. (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 property, shall at all times be kept indoors or in a securely fenced yard from which the dog cannot escape and into which children cannot trespass. A potentially vicious animal may be off the owner'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 of 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 this10th day of October 2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk itshal~haveattsckedbrbitten performed that mhder e~ther pri~rtgapotent~[lywc~o~. ahy pem~ri on more thah one mate or female cats incapableI dog being sqlU or given awing, ~ or wheh an attack or bite I (n)Thefoliowing'newarticlels I name address and teephone results in serious badily injury hereby ado ted- number of the n w wner to (b)'S~c~ 7-17 il arhe~,ded ~ I ARTICLE ~'~. ~OTENTIALLY I the Healthe ~er~ices Sec. 7-24. to ~ Prohibited: or keeper, ion or apparent attitude attack. Sec, 7-83. Procedure For Declaration Of Vicious Dog, (a) The Health Services Officer may find and declare an animal potentially vicious based upon the following: olh~en that the animal-has acted in a manner set forth in Sec. 7-82: (2 the Department; 3 Actions of the dog wit- nessed by any an[mai control officer or law enforcement o~L car: or (4) Other substantial evi- dence. The declaration of a in writing on the owner in one of the fop Iow~ng methods: personally, by cer[ified mall to the owner at th~ owner's last known aooFe~s, or if the owner can- not be served ~emonaity or by mail by publicationma-news- paper of general cir(~ulation n the county, G3e descdotion of the ani- (21 The name and address of the owner of ~the animal, if known; (3 The whereabouts of the animal, if not in the c~stod¥ of the owner; of' vicious dog is based; 5) The owner's dght to a hearing if the c;erson ~b~'ents to the declarstiog; (6) The restrictions, placed upon the animal ~s a result of the declaration of potentially vicious dog; t.7) The penaL~es tion of such m_.~tricfions, (d) The ow.'~er may object to the declaration of potentially vJalous dog by requesting a hearing before the Health Services Officer by subm~ a written request to the Health Services Officer within ten (10) d~ys of the date of mai~mg of the declaration, (10) days of me publicstion of the declaration. restrictions sufficient Officer shall with deferminatio~ of the' potentially or permit dog, or ,~s~ assauifmg the dog or was (3) ~e inju~ or ~mage wa~ ~ corm d~ on ~e ~ o~ ~ords of;the d~. ~e C~ (c)'lf a ~fi~y vicious ~ STATE OF IOWA DUBUQUE COUNTY { SS: CERTIFICATION OF PUBLICATION I, TAMMY M. FELDMANN a Bitling Clerk far Communications, Inc., an Iowa corporation, publisher of the Telegraph newspaper of general circulation published in the City of Dubuque, 0 Dubuque and State of Iowa; hereby certify that the attached notice was in said newspaper on the foilowing dates (}c~'~ ~r' (z¢ , 20 ~)[ , and for which the charge is $ //~,~ Subscribed to before me.~a Notary Public in and for Dubuque County, Io this .l,~-~f'. day of ~/~w~w ) 20 ~9/. Notary Pub~in ~nd for Dubuque Cm1 MY COMMISSION E FEBRUARY % 2002 the event of S and cats .~ costs and / vicious, When a at kennal i unconfined; (4) Is rnovffd ~o aoother Changes to Code of Ordinances Sec. 7-16. Definitions: The following definitions shall apply in the interpretation of this Article: (1) Dog: Both male and female animals of the canine species whether neutered or not, but not including a law enforcement do,q. (2) Cat: Both male and female animals in the family Fells catus whether neutered or not. (3) Owner: Any person .., r- ....... , ¢"~',,,,,,, ~ ................ ~.v,.~t~on ........ g, own~n,q a cat or do,q. (4) Keeper: Any person other than the owner keeping, sheltering, having control or custody of or harboring a cat or dog. (4).(.~ 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. (5)(6) At large: Includes any ' ' dog, cat, or livestock, fowl or ferret found off the premises of the ,-,- ~- ....... ,~ ..... owner ...... ~. ....... ~.v,, tho ,., ,~.,,- o,.,...,o .~, ....... ~l; ...... ,~ ...... ~ ..... ;*~;'~ "'" City ~- ........... , .... ~ v, ~. ..... ~ ......... ~. ................... A dog or cat shall not be deemed at large if the dog or cat is: a. Attached to a leash of sufficient strength and appropriate length to control the animal ~'-'~ .... ,.,-* .... -..... ,-,. ~..-,/~n,x ;. ,.,.,.th where such leash is held by its owner or keeper; or b. Restrained within an enclosed motor vehicle or by a crate or leash of sufficient strength and appropriate length to keep the do,q or cat within the motor vehicle; or c. Housed in a licensed veterinarian's animal hospital; or d. Accompanied by i~s the owner or keeper ~ on the premises of ~e ............. r-,-, 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 a the dog or cat to go beyond ................ ,..., .. such person s property line or to come into contact with anyone outside thc ....... '- .-- ~ ...... '~- .............. ~.~, ~ such person's property line. (6)(7) 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. (-7).~) Nuisance: A dog or cat shall be considered a nuisance if it: a. Damages, soils, defiles or defecates on private property other than the owner's or on public walks and recreation areas unless such waste is immediately removed and properly disposed of by the owner. b. Causes unsanitary, dangerous or offensive conditions. c. Causes a disturbance by excessive barking or other noise- making or chases vehicles, or molests, attacks or intederes with persons or other domestic animals on public property. (~).(.~ Vicious animal: A vicious cat or dog is deemed so when it shall have attacked or bitten any person ~,.,;*~-.-, ............. ~ ............. J ............................... on more than one occasion without provocation or when an attack or bite results in serious bodily injury. Sec. 7-17. Harboring A Vicious Dog Or Cat: 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: It shall be unlawful for any ~ owner or keeper to permit a dog or cat ..... r .... ~, ...... , .... ,r.,, ..... ~,~,~ ..... ~, ...... ,~ .... *"-~"tu'~ commit a HUl~nce-' ':-----. Sec. 7-19. Female Dogs In Season: 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. 7-23. Redemption: (a) Except as otherwise provided, the ~ owner may redeem licensed dog or cat seized or impounded pursuant to this Article .... ~the-ew¢~ by paying the sum of twenty five dollars ($25.00) plus 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. Upon the second subsequent impoundment of the same animal within three hundred sixty five (365) days, an impoundment charge of thirty five dollars ($35.00) shall be assessed, plus 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 ....... ;"" of ~. .......... ~,qy owner may redeem an unlicensed dog or cat seized or impounded pursuant to this Article obt~i,-,cd w, .......... r only after paying the license fee in addition to the charges o~, .... ~,,,; ...... .4~,,,. cf ~ ..... ,~ .4 ....... *" required by paraclraph fa). Sec. 7-24. Disposition Of Unredeemed Dogs Or Cats: (a) If the owner of a licensed dog or cat impounded pursuant to this Article does not c!~!m redeem such animal within five (5) days after the mailin,q of the notice provided for in this Article ~, the license shall automatically be revoked and the animal disposed of as directed by the Health Officer. (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 Health Officer. Sec. 7-25. Running At Large: 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. 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. No person shall keep, maintain, control or retain custody of any dog in coniunction with, or for the purpose, whether in whole or in part, of aiding, abetting or conducting illegal activity or committing any crime. Sec. 7-28.10. 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. Sec. 7-32. Application: .......... ,~ ...... , ........... on shall make application for a license at the office of the City Clerk. The forms shall give the name, address, and social security number of the owner, 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 must be .,cenosod licensed at three (3) months of age. Sec. 7-33. Dogs-License Fee: (a) The license fee per calendar year, or fraction thereof, for a dog license shall be eight dollars ($8.00) for each neutered dog and eighteen dollars ($18.00) for each dog not neutered. (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. 7-35. Cats-License Fee: (a) The license fee per calendar year, or fraction thereof, shall be eight dollars ($8.00)for each neutered cat, either male or female, and eighteen dollars ($18.00) for each male or female cat not neutered. ARTICLE IV. POTENTIALLY VICIOUS DOGS Sec. 7-82. Potentially Vicious Do,q. A potentially vicious do,q is a do,q that: (1) When unprovoked, on two separate occasions, has enraged in any behavior that has required a defensive action by any person to prevent bodily iniury when the person and do,q were off of the property of tho owner or keeper of the do,q; .(~ When unprovoked, has attacked or bitten a person; (3~ When unprovoked, has inflicted a serious injury or caused tho, death of a domestic animal, either on public or private property other than the property of the owner or keeper; or (4) 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 menacin,q fashion or apparent attitude of attack. Sec. 7-83. Procedure for Declaration of Potentially Vicious Do,q. (a) The Health Services Officer may find and declare an animal potentially vicious based upon the following: 1.(11 The written complaint of a citizen that the animal has acted in ~ manner set forth in Sec. 7-82; ~ Do,q bite reports filed with the Health Services Department; .(~ Actions of the do,q witnessed by any animal control officer or law enforcement officer; or .~) Other substantial evidence. (b) The declaration of a potentially vicious do,q shall be in writin,q and shall bn served on the owner in one of the following methods: personally, by certified mail to the owner at the owner's last known address, or if the owner cannot be served personally or by mail, by publication in a newspaper of ,qeneral circulation in tho, county. (c) The declaration shall state: l.(_!}The description of the animal; .(~The name and address of the owner of the animal, if known; ~ The whereabouts of the animal, if not in the custody of the owner; .(~The facts upon which the declaration of potentially vicious do,q is based; (5)The owner's ri,qht to a hearin,q if the person objects to thn declaration; (6)The restrictions placed upon the animal as a result of th~, declaration of potentially vicious do,q; and (7)The penalties for a violation of such restrictions, (d) The owner may obiect to the declaration of potentially vicious dog by requesting a hearing before the Health Services Officer by submitting a written request to the Health Services Officer within ten (10) days of the date of mailing the declaration, or within ten (10) days of the publication of the declaration. fl~ If the Health Services Officer finds that there is insufficient (2) (3) evidence to support the declaration, it shall be rescinded, and the restrictions imposed thereby annulled. If the Health Services Officer finds sufficient evidence to support the declaration, the Health Services Officer shall provide thc, owner with written notice of such determination within five (5) working days after the hearinq. Prior to the hearing, the owner shall confine the dog in a fenced enclosure on the owner's premises. It shall be unlawful for thc, owner of the potentially vicious dog to allow or permit such do,q to go beyond the premises of the owner unless such dog is securely leashed and humanely muzzled or otherwise securely restrained. If it is determined by the animal control officer or law enforcement officer that probable cause exists to believe thn do,q in question poses an immediate threat to public safety, then the animal control officer or law enforcement officer may seizn and impound the do,q pending the headng to be held pursuant tn this article. The owner or keeper of the dog shall be liable to thc, city or county where the dog is impounded for the costs and expenses of keeping the dog if the dog is later determined to potentially or 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. The owner shall immediately notify the Health Services Department when a dog which has been classified as potentially vicious: fl) Is loose or unconfined; (2) Has bitten a human being or attacked another animal; (3) Is sold or given away, or dies; or (4) Is moved to another address. Prior to a potentially vicious dog being sold or ,given away, the owner shall provide the name, address and telephone number of the new owner to the Health Services Department. The new owner shall comply with all of the requiremenf~ of this Chapter. Sec. 7-85. Exceptions to Classification. (a) No do,q may be declared potentially vicious if: (1) Any injury or damage was sustained by a person who, at thn time the iniury or damage was sustained, was committing a willful trespass or other tort upon, premises occupied by the owner or keeper of the do,q, or was teasing, tormenting, abusin,q, or assaulting the dog, or was committin.q or attempting to commit a crime; (2) The dog was protecting or defending a person within thn immediate vicinity of the dog from an uniustified attack or assault; or (3) The iniury or damage was sustained by a person or a domestic animal, which at the time of the iniury or damage was sustained, wan teasinq, tormenting, abusing or assaulting the dog. (b) No dog may be declared potentially vicious if the injury or damage to n domestic animal was sustained while the dog was workinq as a hunting do,q, herdin,q dog or predator control do,q on the property of, or under the control of, its owner or keeper, and the damage or iniury was to a species or type of domestic animal appropriate to the work of the do.q. Sec. 7-86. Disposition of Potentially Vicious Dog. (a) A potentially vicious dog shall be properly licensed and vaccinated. Thn potentially vicious designation shall be included in the registration records of thn dog. The city may char.qe a potentially vicious do,q fee in addition to the regular licensinq fee to provide for the increased costs of maintaining the records of thn do,q. (b) A potentially vicious dog, while on the owner's property, shall at all times bo kept indoors or in a securely fenced yard from which the dog cannot escape and into which children cannot trespass. A potentially vicious animal may be off tho owner'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 of dog shall notify the Health Services Department of the chan,qed condition and new location of the do.q in writing within two (2) working days.