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Code of Ordinances Amendment - Title 7 Animal Control Copyrighted June 5, 2017 City of Dubuque Action Items # 10. ITEM TITLE: Code of Ordinances Amendment- Title 7 Animal Control SUMMARY: City Manager recommending approval of changes to the Animal Control Ordinance. that address enforcement and trends for dealing with Animal Control issues experienced over the past several years. ORDINANCE Amending City of Dubuque Code of Ordinances Title 7 Police, Fire and Public Safety, Chapter 6 Animal Control, Article B Dogs and Cats, Sections 7-613-1 Definitions, 7-613-2 Licensing; Tags and Fees, 7-613-3 Keeping Cats or Dogs on Unoccupied Residential Property Prohibited, 7-6134 Harboring Vicious Dog or Cat, 7-613-10 Impoundment, Redemption and Disposition of Unclaimed Animals; Article C Rabies Control, Sections 7-6C-1 Vaccination Required, 7-6C-2 Confinement Authorized, 7- 6C-3 Reporting Rabies; Notice to City Manager; Article D Dangerous Animals, Sections 7-6D-1 Definitions, Section 7-6D4 Exceptions to Keeping and Licensing Restrictions; Article E Potentially Vicious Dogs, Section 7-6E-2 Procedure for Declaration of Potentially Vicious Dog; and Amending Title 7, Chapter by Adding a New Article F, Vicious Dogs and Cats SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Motion B; Motion A ATTACHMENTS: Description Type Animal Control Ordinance Changes-MVM Memo City Manager Memo Staff Memo Staff Memo Ordinance Ordinance Suggested Motion Wording Supporting Documentation THE CITY OF Dubuque fta B E I 11p y Masterpiece 012 the Mississippi 2007.2012«2013 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Animal Control Ordinance Changes DATE: May 31, 2017 Public Health Specialist Mary Rose Corrigan recommends City Council approval of changes to the Animal Control Ordinance. The changes address enforcement and trends for dealing with Animal Control issues experienced over the past several years. The following are minor adjustments to the Ordinance: • Changing the age that dogs and cats must be vaccinated and therefore, licensed, to 6 months. This gives owners sufficient time to spay/neuter their animals before licensing and the advantage of the lower licensing fee, if they desire. Veterinarians often do not want to do this procedure before 6 months of age, and on small animals, they often do not want to vaccinate before 6 months of age. • Adding definition of"Health Care Provider" to use in place of "Physician." • Adding "veterinary staff" to use in place of"veterinarian." • Clarifying the disturbance by excessive barking by stating that the barking must be heard in the public right-of-way. This is to address nuisances that do not rise to the level of a public nuisance. • Clarifying that a domestic animal cannot be kept in an unoccupied residential property or dangerous building. • Updating the disposition of impounded dogs and cats to be consistent with the State Code. This determines how long the Humane Society must hold dogs and cats after we impound them there. • Clarifying language that allows for home rabies confinement when an animal has bitten a person. • Adding a provision for giving specific requirements for how a potentially vicious animal will be held during an appeal process. In addition to these clarifications, Mary Rose is proposing modifications to the Dangerous Animal Ordinance. Currently, snakes that are constrictors (except small sand boas) are not allowed. Based on several years' experience with enforcement, ball pythons are often encountered, which are considered dangerous. These snakes are very difficult to relocate or find alternative homes for because they are so common and often kept as pets. Local experts advise us that ball pythons and some other types of constrictors are appropriate as pets. The proposed definitions mirror the State Code, which allows certain types of non-dangerous constrictors and lists them in the proper nomenclature. These types of snakes do not pose a threat to safety. The changes also list specific types of dangerous snakes that will be prohibited. The second area containing significant changes is the vicious animal section. Mary Rose is recommending adding a definition and procedure section for declaring an animal vicious. The current Ordinance does not provide for this declaration or its contents. A vicious animal declaration will be settled through the judicial system if the owner does not comply with the violation of harboring a vicious animal. The owner must also pay for costs associated with seizure and impoundment of a vicious animal prior to its disposal or a pending court hearing. Currently if Animal Control cites for harboring a vicious animal, the animal can remain in the owner's possession until a court hearing, which may be weeks or months until the judicial decision is final. This often creates a public safety threat. Also, in previous enforcements, since vicious animal declaration was not fully defined in the code, Animal Control did not have a process for declaring an animal vicious and then enforcing on its harborage. Consequently, an owner would be cited simultaneously with owning a vicious animal and harboring that animal. Therefore, this addition will allow the owner to comply with the vicious declaration voluntarily and not have to be issued a municipal infraction. I concur with the recommendation and respectfully request Mayor and City Council approval. Micliael C. Van Milligen MCVM:jh Attachment cc: Crenna Brumwell, City Attorney Teri Goodmann, Assistant City Manager Mary Rose Corrigan, Public Health Specialist 2 THE CITY OF Dubuque ci DUB E I I III a I.t I Masterpiece on the Mississippi 2007-2012-2013 TO: Mike Van Milligen, City Manager FROM: Mary Rose Corrigan, Public Health Specialist SUBJECT: Animal Control Ordinance Changes DATE: May 23, 2017 INTRODUCTION This memorandum submits for your approval and City Council consideration, changes to the Animal Control Ordinance. The changes address enforcement and trends for dealing with Animal Control issues experienced over the past several years. BACKGROUND Past Animal Control 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 for spay/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. • October 2008—Changes necessary for converting to outsourcing animal license sales. lam recommending some updates and clarifications based on enforcement situations and outcomes which have occurred in the past few years since the last ordinance update in 2008. DISCUSSION The following are minor adjustments to the Ordinance: • Changing the age that dogs and cats must be vaccinated and therefore, licensed, to 6 months. This gives owners sufficient time to spay/neuter their animals before licensing and the advantage of the lower licensing fee, if they desire. Veterinarians often do not want to do this procedure before 6 months of age, and on small animals, they often do not want to vaccinate before 6 months of age. • Adding definition of"Health Care Provider" to use in place of"Physician." • Adding "veterinary staff" to use in place of "veterinarian." • Clarifying the disturbance by excessive barking by stating that the barking must be heard in the public right-of-way. This is to address nuisances that do not rise to the level of a public nuisance. • Clarifying that a domestic animal cannot be kept in an unoccupied residential property or dangerous building. • Updating the disposition of impounded dogs and cats to be consistent with the State Code. This determines how long the Humane Society must hold dogs and cats after we impound them there. • Clarifying language that allows for home rabies confinement when an animal has bitten a person. • Adding a provision for giving specific requirements for how a potentially vicious animal will be held during an appeal process. In addition to these clarifications, I am proposing modifications to the Dangerous Animal Ordinance. I consulted with Andy Allison, Director of Living Collections and Abby Urban, Lead Keeper and Reptile Handler of the Mississippi River Museum and Aquarium, along with Dr. Marianne Kirkendall, DVM, member of the Association of Reptile and Amphibian Veterinarians (ARAV), and veterinarian for the National Mississippi River Museum and Aquarium. Currently, snakes that are constrictors (except small sand boas) are not allowed. Based on several years' experience with enforcement, ball pythons are often encountered, which are considered dangerous. These snakes are very difficult to relocate or find alternative homes for because they are so common and often kept as pets. Local experts advise us that ball pythons and some other types of constrictors are appropriate as pets. The proposed definitions mirror the State Code, which allows certain types of non-dangerous constrictors and lists them in the proper nomenclature. These types of snakes do not pose a threat to safety. The changes also list specific types of dangerous snakes that will be prohibited. The second area containing significant changes is the vicious animal section. I recommend adding a definition and procedure section for declaring an animal vicious. The current Ordinance does not provide for this declaration or its contents. A vicious animal declaration will be settled through the judicial system if the owner does not comply with the violation of harboring a vicious animal. The owner must also pay for costs associated with seizure and impoundment of a vicious animal prior to its disposal or a pending court hearing. Currently if Animal Control cites for harboring a vicious animal, the animal can remain in the owner's possession until a court hearing, which may be weeks or months until the judicial decision is final. This often creates a public safety threat. Also, in previous enforcements, since vicious animal declaration was not fully defined in the code, Animal Control did not have a process for declaring an animal vicious and then enforcing on its harborage. Consequently, an owner would be cited simultaneously with owning a vicious animal and harboring that animal. Therefore, this addition will allow the owner to comply with the vicious declaration voluntarily and not have to be issued a municipal infraction. 2 All of these changes reflect staff and legal department input, along with professional and expert input. The changes will allow more efficient and seamless enforcement and understanding by the public and pet owners. RECOMMENDATION I recommend forwarding the Animal Control Ordinance changes to the City Council for their approval. CITY COUNCIL ACTION Adopt the attached ordinance. cc Maureen Quann, Assistant City Attorney 3 Prepared by: Maureen A. Quann, Esq. 300 Main Street Suite 330 Dubuque IA 52001 563 589-4381 ORDINANCE NO. 28-17 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 7 POLICE, FIRE AND PUBLIC SAFETY, CHAPTER 6 ANIMAL CONTROL, ARTICLE B DOGS AND CATS, SECTIONS 7-6B-1 DEFINITIONS, 7-6B-2 LICENSING; TAGS AND FEES, 7- 6B-3 KEEPING CATS OR DOGS ON UNOCCUPIED RESIDENTIAL PROPERTY PROHIBITED, 7-6B-4 HARBORING VICIOUS DOG OR CAT, 7-6B-10 IMPOUNDMENT, REDEMPTION AND DISPOSITION OF UNCLAIMED ANIMALS; ARTICLE C RABIES CONTROL, SECTIONS 7-6C-1 VACCINATION REQUIRED, 7- 6C-2 CONFINEMENT AUTHORIZED, 7-6C-3 REPORTING RABIES; NOTICE TO CITY MANAGER; ARTICLE D DANGEROUS ANIMALS, SECTIONS 7-6D-1 DEFINITIONS, SECTION 7-6D-4 EXCEPTIONS TO KEEPING AND LICENSING RESTRICTIONS; ARTICLE E POTENTIALLY VICIOUS DOGS, SECTION 7-6E-2 PROCEDURE FOR DECLARATION OF POTENTIALLY VICIOUS DOG; AND AMENDING TITLE 7, CHAPTER 6 BY ADDING A NEW ARTICLE F, VICIOUS DOGS AND CATS NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Section 7-6B-1 of the City of Dubuque Code of Ordinances is amended to read as follows: 7-6B-1: DEFINITIONS: 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: 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 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. 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. HEALTH CARE PROVIDER: A person who is trained and licensed to give health care. 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 parimutuel 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: A. 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. B. Causes unsanitary, dangerous or offensive conditions. C. Causes a disturbance by excessive barking or other noisemaking that can be heard from a position in the public right of way. D. Chases vehicles, or molests, attacks or interferes with persons or other domestic animals off the premises of the owner or keeper. 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. Section 2. Section 7-6B-2 of the City of Dubuque Code of Ordinances is amended to read as follows: 7-6B-2: LICENSING; TAGS AND FEES: A. License Required: No person shall keep a dog or cat in the city 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. B. Application For License: 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, andif known, its breed and age. In the event of a change of ownership, the license holder shall notify the city manager of such change. All dogs and cats shall be licensed by not later than six (6) months of age. If an animal is older than six (6) months of age, the dog or cat must be licensed within thirty (30) days of ownership or residing in the city of Dubuque, whichever is first. C. Dogs: 1. License Fee; Neutering: 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, which may result in a reduced licensed fee. 2. Expiration; Renewal; Delinquent Fee: All dog licenses issued under this subsection shall expire one year from the date the license was issued and shall become delinquent thirty (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. D. Cats: 1. License Fee; Neutering: 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, which may result in a reduced licensed fee. 2. Expiration; Renewal; Delinquent Fees: All cat licenses issued under this subsection shall expire one year from the date the license was purchased and shall become delinquent thirty (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. E. Tags: 1. Tags Not Transferable: A license issued for any dog or cat shall not be transferred to another dog or cat. 2. Tags Attached to Collar Or Harness: The owner or keeper of a dog or cat, 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, F. Fee for Duplicate License: The fee for a duplicate license for either a dog or cat shall be as established by the city manager. G. Consent Implied From Application And Receipt: The application for and the receipt of a license as required in this section 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. Section 3. Section 7-6B-3 of the City of Dubuque Code of Ordinances is amended to read as follows: 7-6B-3: KEEPING DOMESTIC ANIMALS ON UNOCCUPIED RESIDENTIAL PROPERTY OR IN DANGEROUS BUILDINGS PROHIBITED: The owner or keeper of a dog or cat shall not keep or allow the dog or cat to be kept on unoccupied property or in any building that meets the definition of a dangerous building as set forth in section 14-3-2 of this Code. For purposes of this provision, "unoccupied property" shall include but is not limited to property that is not the primary residence of the owner or keeper or any other occupant. Section 4. Section 7-6B-4 of the City of Dubuque Code of Ordinances is amended to read as follows: 7-6B-4: HARBORING 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. The City may abate violations of this section with penalties including, but not limited to, euthanization of the animal. Section 5. Section 7-6B-10 of the City of Dubuque Code of Ordinances is amended to read as follows: 7-6B-10: IMPOUNDMENT, REDEMPTION AND DISPOSITION OF UNCLAIMED ANIMALS: A. Contract for Pound Or Shelter: The city manager is hereby authorized to contract from year to year with any pound or animal shelter as defined by section 1622 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. B. Impoundment: 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. C. 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. D. Redemption: 1. 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. Upon the second subsequent impoundment of the same animal within three hundred sixty- five (365) days, an impoundment fee 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. 2. 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 (10) working days. Failure to do so shall result in an additional fee as established by the city manager, added to the license fee. E. Disposition Of Unredeemed Dogs: 1. Licensed Dog: If the owner or keeper of a licensed dog impounded pursuant to this article does not redeem such animal within seven (7) 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. 2. Unlicensed Dog: Any unlicensed dog 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. F. Disposition Of Unredeemed Cats: 1. Licensed Cat: If the owner or keeper of a licensed 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. 2. Unlicensed Cat: Any unlicensed 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. Section 6. Section 7-6C-1 of the City of Dubuque Code of Ordinances is amended to read as follows: 7-6C-1: VACCINATION REQUIRED: A. Dogs And Cats; Schedule: 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 department of agriculture and administered in accordance with the following schedule: Class of Age at Primary Animal Vaccination Dogs Cats 6 months 6 months Booster1 1 year later, triennially thereafter Annually or 1 year later, triennially thereafter Note: 1. Approved 3 year vaccine may be substituted. B. Ferrets; Schedule: 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: Class of Animal Age at Primary Vaccination Booster 6 months Annually C. Inactivated Nervous Tissue: Inactivated nervous tissue vaccine may only be used in accordance with the rules of the Iowa state department of agriculture. D. Certificate Required: 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. Veterinarian Furnish Copies: 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. Section 7. Section 7-6C-2 of the City of Dubuque Code of Ordinances is amended to read as follows: 7-6C-2: CONFINEMENT AUTHORIZED: A. Animal Suspected Of Having Rabies: 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 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. Quarantine Of Animal Bitten By Rabid Animal: 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. Application for Home Quarantine; Conditions: 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 may be permitted at the city manager's sole discretion. If the city manager allows home confinement, all of the following conditions must be met, including but not limited to: 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 six (6) 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 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 acknowledgment 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 postexposure rabies prophylaxis, and that the person does not object to home quarantine. The acknowledgment 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 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 subsection 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. Wild Animals: 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. Section 8. Section 7-6C-3 of the City of Dubuque Code of Ordinances is amended to read as follows: 7-6C-3: REPORTING RABIES; NOTICE TO CITY MANAGER: 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 health care- provider or veterinarian practice immediately to transmit information to the city manager that may come to such health care provider or veterinarian practice through such health care provider's or veterinarian practice's professional capacity with reference to any person having been attacked, bitten or having skin abrasions by any dog, cat or other domestic animal. Section 9. Section 7-6D-1 of the City of Dubuque Code of Ordinances is amended to read as follows: 7-6D-1: DEFINITIONS: 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: A. 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; B. Any animal(s) declared to be dangerous by the city manager or the city manager's designee; or C. The following animals which shall be deemed to be dangerous animals per se: 1. Lions, tigers, jaguars, leopards, cougars, lynx and bobcats; 2. Wolves, coyotes and foxes; 3. Badgers, wolverines, weasels, skunks and mink; 4. Raccoons; 5. Bears; 6. All apes, baboons, macaques, monkeys and chimpanzees; 7. Alligators and crocodiles; 8. Scorpions; 9. Snakes that are: a. Any member of the family atractaspidae, including but not limited to mole vipers and burrowing asps. b. Any member of the family elapidae, voperidae, crotalidae, atractaspidae, or hydrophidae which are venomous, including but not limited to cobras, mambas, coral snakes, kraits, adders, vipers, rattlesnakes, copperheads, pit vipers, keelbacks, cottonmouths, and sea snakes. c. Any member of the superfamily henophidia, which are limited to reticulated pythons, anacondas, and African rock pythons. 10. Reptiles that are venomous; 11. Gila monsters; 12. Opossums; and 13. Any crossbreed of such animals which have similar characteristics of the animals specified above. Section 10. Section 7-6D-4 of the City of Dubuque Code of Ordinances is amended to read as follows: 7-6D-4: EXCEPTIONS TO KEEPING AND LICENSING RESTRICTIONS: The prohibition contained in section 7-6D-3 of this article and the licensing provisions of section 7-6D-5 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. 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 7-6D-3 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 7-6D-1. Dangerous animal includes, but is not limited to, the following: 1. Lions, tigers, jaguars, leopards, cougars, lynx and bobcats; 2. Wolves, coyotes and foxes; 3. Badgers, wolverines, weasels, skunks and mink; 4. Raccoons; 5. Bears; 6. All apes, baboons, macaques, monkeys and chimpanzees; 7. Alligators and crocodiles; 8. Scorpions; 9. Snakes that are: a. Any member of the family atractaspidae, including but not limited to mole vipers and burrowing asps. b. Any member of the family elapidae, voperidae, crotalidae, atractaspidae, or hydrophidae which are venomous, including but not limited to cobras, mambas, coral snakes, kraits, adders, vipers, rattlesnakes, copperheads, pit vipers, keelbacks, cottonmouths, and sea snakes. c. Any member of the superfamily henophidia, which are limited to reticulated pythons, anacondas, and African rock pythons. 10. Reptiles that are venomous; 11. Gila monsters; 12. Opossums; and 13. Any crossbreed of such animals which have similar characteristics of the animals specified above. Section 11. Section 7-6E-2 of the City of Dubuque Code of Ordinances is amended to read as follows: 7-6E-2: PROCEDURE FOR DECLARATION OF POTENTIALLY VICIOUS DOG: A. Basis for Declaration: The city manager 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 section 7-6E-1 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. Service Of Declaration Upon Owner: 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. Contents Of Declaration: 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. Objections of Owner: 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 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 and pending the outcome of the hearing, the owner or keeper of a dog that has been declared potentially vicious must comply with all conditions and restrictions set forth by the city manager. 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. Section 12. Title 7, Chapter 6 of the City of Dubuque Code of Ordinances is amended by adding the following: ARTICLE F. VICIOUS DOGS AND CATS 7-6F-1: DEFINITION: A "vicious animal" is deemed so when it has attacked or bitten any person on more than one occasion without provocation or when an attack or bite results in serious bodily injury. 7-6F-2: PROCEDURE FOR DECLARATION OF VICIOUS ANIMAL: A. Basis for Declaration: The city manager may find and declare an animal vicious based upon the following: 1. When the animal has attacked or bitten any person on more than one occasion without provocation or when an attack or bite results in serious bodily injury. B. Service Of Declaration Upon Owner: The declaration of a vicious animal 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. Contents of Declaration: 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 facts upon which the declaration of vicious animal is based; 4. The restrictions placed upon the animal as a result of the declaration of vicious animal; 5. The penalties for a violation of such restrictions; 6. If the city manager so determines, that the owner or keeper be required to have microchip identification implanted in the animal; and 7. The owner or keeper must keep the vicious animal within the city and under the owner or keeper's ownership until resolution of the matter through city administration or the judicial system. D. If it is determined by the animal control officer or law enforcement officer that probable cause exists to believe the animal in question poses an immediate threat to public safety, then the animal control officer or law enforcement officer may seize and impound the animal pending the resolution pursuant to this article. The owner or keeper of the animal shall be liable to the city or county where the animal is impounded for the costs and expenses of keeping the animal if the dog is determined to be vicious. 7-6F-3: NOTIFICATION OF STATUS OF VICIOUS ANIMAL: A. The owner or keeper shall immediately notify the city manager when an animal which has been classified as vicious: 1. Is loose or unconfined; 2. Has bitten a human being or attacked another animal; or 3. Dies. B. A vicious animal may not be sold, given away, or moved to another location prior to resolution of the matter through city administration or the judicial system. 7-6F-4: EXCEPTIONS TO CLASSIFICATION: A. No animal may be declared 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 wilful trespass or other tort upon premises occupied by the owner or keeper of the animal, or was teasing, tormenting, abusing, or assaulting the animal, or was committing or attempting to commit a crime; 2. The animal was protecting or defending a person within the immediate vicinity of the animal 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 animal. B. No animal may be declared vicious if the injury or damage to a domestic animal was sustained while the animal 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. 7-6F-5: DISPOSITION OF VICIOUS ANIMAL: A. License and Vaccination; Fee: A vicious animal shall be properly licensed and vaccinated. The vicious designation shall be included in the registration records of the animal. The city may charge a vicious animal fee in addition to the regular licensing fee to provide for the increased costs of maintaining the records of the animal. B. Confinement; Restraint: A vicious animal, while on the owner's or keeper's property, shall at all times be kept indoors or in a securely fenced yard from which the animal cannot escape and into which people cannot trespass. A 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 animal is under the control of a responsible adult and is humanely muzzled. C. Notice of Death: If a vicious animal dies, the owner or keeper of the animal shall notify the city manager of the death of the animal in writing within two (2) working days. Passed, approved, and adopted the 5th day of JyrAe, 2017. Attest: Kevin S. irnstahl, Ci y Cler Roy D. Buol, ayor EFFECT OF AMENDMENT 7-613-1 : DEFINITIONS: 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: 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 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. 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. HEALTH CARE PROVIDER: A person who is trained and licensed to give health care. 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 parimutuel 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: 17 A. 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. B. Causes unsanitary, dangerous or offensive conditions. C. Causes a disturbance by excessive barking or other noisemaking that can be heard from a position in the public right of way. D. Chases vehicles, or molests, attacks or interferes with persons or other domestic animals off the premises of the owner or keeper. 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. 7-613-2: LICENSING; TAGS AND FEES: A. License Required: No person shall keep a dog or cat in the city 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. B. Application For License: 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 manager of such change. All dogs and cats shall be licensed by not later than six (6) months of age. If an animal is older than six (6) months of age, the dog or cat must be licensed within thirty (30) days of ownership or residing in the city of Dubuque, whichever is first. C. Dogs: 1 . License Fee; Neutering: 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, which may result in a reduced licensed fee. 18 2. Expiration; Renewal; Delinquent Fee: All dog licenses issued under this subsection shall expire one year from the date the license was issued and shall become delinquent thirty (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. D. Cats: 1 . License Fee; Neutering: 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, which may result in a reduced licensed fee. 2. Expiration; Renewal; Delinquent Fees: All cat licenses issued under this subsection shall expire one year from the date the license was purchased and shall become delinquent thirty (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. E. Tags: 1 . Tags Not Transferable: A license issued for any dog or cat shall not be transferred to another dog or cat. 2. Tags Attached To Collar Or Harness: The owner or keeper of a dog or cat, 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. F. Fee For Duplicate License: The fee for a duplicate license for either a dog or cat shall be as established by the city manager. G. Consent Implied From Application And Receipt: The application for and the receipt of a license as required in this section 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. 19 7-613-3: KEEPING DOMESTIC ANIMALS ON UNOCCUPIED RESIDENTIAL PROPERTY OR IN DANGEROUS BUILDINGS PROHIBITED: The owner or keeper of a dog or cat shall not keep or allow the dog or cat to be kept on unoccupied property or in any building that meets the definition of a dangerous building as set forth in section 14-3-2 of this Code. For purposes of this provision, "unoccupied property" shall include but is not limited to property that is not the primary residence of the owner or keeper or any other occupant. 7-613-4: HARBORING 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. The City may abate violations of this section with penalties including, but not limited to, euthanization of the animal. 7-613-10: IMPOUNDMENT, REDEMPTION AND DISPOSITION OF UNCLAIMED ANIMALS: A. Contract For Pound Or Shelter: 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. B. Impoundment: 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. C. 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. D. Redemption: 1 . 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. Upon the second subsequent impoundment of the same animal within three hundred sixty five (365) days, an impoundment fee 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. 2. 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 (10) working days. Failure to do so 20 shall result in an additional fee as established by the city manager, added to the license fee. E. Disposition Of Unredeemed Dogs: 1 . Licensed Dog: If the owner or keeper of a licensed dog impounded pursuant to this article does not redeem such animal within seven (7) 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. 2. Unlicensed Dog: Any unlicensed dog 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. F. Disposition Of Unredeemed Cats: 1 . Licensed Cat: If the owner or keeper of a licensed 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. 2. Unlicensed Cat: Any unlicensed 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. 7-6C-1 : VACCINATION REQUIRED: A. Dogs And Cats; Schedule: 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 department of agriculture and administered in accordance with the following schedule: Class Of Age At Primary Animal Vaccination Booster' Dogs 6 months 1 year later, triennially thereafter Cats 6 months Annually or 1 year later, triennially thereafter Note: 1 . Approved 3 year vaccine may be substituted. B. Ferrets; Schedule: 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: 21 Class Of Animal Age At Primary Vaccination Booster Ferret 6 months Annually C. Inactivated Nervous Tissue: Inactivated nervous tissue vaccine may only be used in accordance with the rules of the Iowa state department of agriculture. D. Certificate Required: 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. Veterinarian Furnish Copies: 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. 7-6C-2: CONFINEMENT AUTHORIZED: A. Animal Suspected Of Having Rabies: 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 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. Quarantine Of Animal Bitten By Rabid Animal: 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. Application For Home Quarantine; Conditions: 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 may be permitted at the city manager's sole discretion. If the city manager allows home confinement, all of the following conditions must be met, including but not limited to: 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 six (6) months of age or older. 3. The animal must not have been running at large at the time of the bite. 22 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 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 acknowledgment 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 postexposure rabies prophylaxis, and that the person does not object to home quarantine. The acknowledgment 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 23 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 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 subsection 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. Wild Animals: 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. 7-6C-3: REPORTING RABIES; NOTICE TO CITY MANAGER: 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 health care provider or veterinarian practice immediately to transmit information to the city manager that may come to such health care provider or veterinarian practice through such health care provider's or veterinarian practice's professional capacity with reference to any person having been attacked, bitten or having skin abrasions by any dog, cat or other domestic animal. 7-6D-1 : DEFINITIONS: 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: A. 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; 24 B. Any animal(s) declared to be dangerous by the city manager or the city manager's designee; or C. The following animals which shall be deemed to be dangerous animals per se: 1 . Lions, tigers, jaguars, leopards, cougars, lynx and bobcats; 2. Wolves, coyotes and foxes; 3. Badgers, wolverines, weasels, skunks and mink; 4. Raccoons; 5. Bears; 6. All apes, baboons, macaques, monkeys and chimpanzees; 7. Alligators and crocodiles; 8. Scorpions; 9. Snakes that are: a. Any member of the family atractaspidae, including but not limited to mole vipers and burrowing asps. b. Any member of the family elapidae, voperidae, crotalidae, atractaspidae, or hydrophidae which are venomous, including but not limited to cobras, mambas, coral snakes, kraits, adders, vipers, rattlesnakes, copperheads, pit vipers, keelbacks, cottonmouths, and sea snakes. C. Any member of the superfamily henophidia, which are limited to reticulated pythons, anacondas, and African rock pythons. 10. Reptiles that are venomous; 11 . Gila monsters; 12. Opossums; and 25 13. Any crossbreed of such animals which have similar characteristics of the animals specified above. 7-6D-4: EXCEPTIONS TO KEEPING AND LICENSING RESTRICTIONS: The prohibition contained in section 7-6D-3 of this article and the licensing provisions of section 7-6D-5 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. 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 7-6D-3 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 7-6D-1. Dangerous animal includes, but is not limited to, the following: 1. Lions, tigers, jaguars, leopards, cougars, lynx and bobcats; 2. Wolves, coyotes and foxes; 3. Badgers, wolverines, weasels, skunks and mink; 4. Raccoons; 5. Bears; 6. All apes, baboons, macaques, monkeys and chimpanzees; 7. Alligators and crocodiles; 8. Scorpions; 9. Snakes that are: 26 a. Any member of the family atractaspidae, including but not limited to mole vipers and burrowing asps. b. Any member of the family elapidae, voperidae, crotalidae, atractaspidae, or hydrophidae which are venomous, including but not limited to cobras, mambas, coral snakes, kraits, adders, vipers, rattlesnakes, copperheads, pit vipers, keelbacks, cottonmouths, and sea snakes. c. Any member of the superfamily henophidia, which are limited to reticulated pythons, anacondas, and African rock pythons. 10. Reptiles that are venomous,- 11. enomous,11. Gila monsters,- 12. onsters,12. Opossums, and 13. Any crossbreed of such animals which have similar characteristics of the animals specified above. 7-6E-2: PROCEDURE FOR DECLARATION OF POTENTIALLY VICIOUS DOG: A. Basis For Declaration: The city manager 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 section 7-6E-1 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. Service Of Declaration Upon Owner: 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. Contents Of Declaration: 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; 27 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. Objections Of Owner: 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 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 and pending the outcome of the hearing, the owner or keeper of a dog that has been declared potentially vicious must comply with all conditions and restrictions set forth by the city manager. 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. ARTICLE F. VICIOUS DOGS AND CATS 7-6F-1 : DEFINITION: A "vicious animal" is deemed so when it has attacked or bitten any person on more than one occasion without provocation or when an attack or bite results in serious bodily injury. 28 7-6F-2: PROCEDURE FOR DECLARATION OF VICIOUS ANIMAL: A. Basis For Declaration: The city manager may find and declare an animal vicious based upon the following: 1 . When the animal has attacked or bitten any person on more than one occasion without provocation or when an attack or bite results in serious bodily injury. B. Service Of Declaration Upon Owner: The declaration of a vicious animal 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. Contents Of Declaration: 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 facts upon which the declaration of vicious animal is based; 4. The restrictions placed upon the animal as a result of the declaration of vicious animal; 5. The penalties for a violation of such restrictions; 6. If the city manager so determines, that the owner or keeper be required to have microchip identification implanted in the animal; and 7. The owner or keeper must keep the vicious animal within the city and under the owner or keeper's ownership until resolution of the matter through city administration or the judicial system. D. If it is determined by the animal control officer or law enforcement officer that probable cause exists to believe the animal in question poses an immediate threat to public safety, then the animal control officer or law enforcement officer may seize and impound the animal pending the resolution pursuant to this article. The owner or keeper of the animal shall be liable to the city or county where the animal is impounded for the costs and expenses of keeping the animal if the dog is determined to be vicious. 7-6F-3: NOTIFICATION OF STATUS OF VICIOUS ANIMAL: 29 A. The owner or keeper shall immediately notify the city manager when an animal which has been classified as vicious: 1 . Is loose or unconfined; 2. Has bitten a human being or attacked another animal; or 3. Dies. B. A vicious animal may not be sold, given away, or moved to another location prior to resolution of the matter through city administration or the judicial system. 7-6F-4: EXCEPTIONS TO CLASSIFICATION: A. No animal may be declared 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 wilful trespass or other tort upon premises occupied by the owner or keeper of the animal, or was teasing, tormenting, abusing, or assaulting the animal, or was committing or attempting to commit a crime; 2. The animal was protecting or defending a person within the immediate vicinity of the animal 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 animal. B. No animal may be declared vicious if the injury or damage to a domestic animal was sustained while the animal 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. 7-6F-5: DISPOSITION OF VICIOUS ANIMAL: A. License And Vaccination; Fee: A vicious animal shall be properly licensed and vaccinated. The vicious designation shall be included in the registration records of the animal. The city may charge a vicious animal fee in addition to the regular licensing fee to provide for the increased costs of maintaining the records of the animal. B. Confinement; Restraint: A vicious animal, while on the owner's or keeper's property, shall at all times be kept indoors or in a securely fenced yard from which the animal cannot escape and into which people cannot trespass. A vicious animal may be off the owner's or keeper's premises only if restrained by a substantial leash, of 30 appropriate length, and if the animal is under the control of a responsible adult and is humanely muzzled. C. Notice Of Death: If a vicious animal dies, the owner or keeper of the animal shall notify the city manager of the death of the animal in writing within two (2) working days. 31 STATE OF IOWA {SS: DUBUQUE COUNTY CERTIFICATION OF PUBLICATION I, Suzanne Pike, a Billing Clerk for Woodward Communications, Inc., an Iowa corporation, publisher of the Telegraph Herald,a newspaper of general circulation published in the City of Dubuque, County of Dubuque and State of Iowa; hereby certify that the attached notice was published in said newspaper on the following dates: June 9, 2017, and for which the charge is $350.54. r-� )1 nifD..✓W�.Z.��-moi"-C Subscribed to before m- Notary Public in and for Dubuque County, Iowa, this 63reig day of - , 20 /7 7A-s-tee.d Notary Public in and for Dubuque County, Iowa. MARY K WESTERMEYER Commission Number 154885 My Commission Exp. Feb. 1, 2020 11 11 jJ e 9, 2017 • Telegraph Herald • TelegraphHerald.corh TAGS AND FEES: 6B,-,4 .of the, City of vaccinee. may be %sub - OFFICIAL PUBLICATION ORDINANCE NO. 28-17 AMENDING CITY, OF DUBUQUE CODE' OF ORDINANCES TITLE 7 POLICE, FIRE " AND PUBLIC SAFETY, CHAPTER 6 ANIMAL CONTROL, ARTICLE ;B DOGS AND.. CATS, SECTIONS 7=6B-1_ DEFINITIONS, 7-68=2, LICENSING; TAGS AND FEES, • 7-683, • KEEPING CATS • OR. DOGS ON. UNOC- CUPIED RESIDENTIAL PROPERTY' PROHIB- ITED, 7-6B-4 HAR- BORING . VICIOUS DOG OR CAT, 7-68-10 IMPOUNDMENT, REDEMPTION AND. DISPOSITION OF UN-; CLAIMED,ANIMALS; • change' of 'ownership, A.,ContractforPound with .-the rules" of.the, ' ARTICLE.. RABIES the license holder shall Or Shelter:" The : city Iowa state department CONTROL,'. SECTIONS notify the city 'manager manager, is • 'hereby of agriculture. 7-6C-1 VACCINATION of such change. All authorized. to contract :,D. Certificate .Re-. REQUIRED, . 7-6C-2 dogs and cats shall be from Veer to year with quired: A copy of.the C 0 N F 1 N E M E N T, licensed by not later any. pound or, animal official, rabiesvacci- AUTHORIZED, 7-6C-3 than, six (6) months of shelter as ,,defined" by nation certificate "ap- REPORTING RABIES; age. If an animal is section 162.2 of, the, proved ,,by 'the:Iowa NOTICE' TO . CITY. older.- ,than Six"' (61 code of Iowa, `for. state department of MANAGER; ARTICLE ' months. of age,'the'dog, carrying, out .the agriculture shall be: a D DANGEROUS ANI- or cat must be licensed provisions of this condition_precedentto MALS, SECTIONS 7-, within' thirty -(30).days' article' incl,uding.'the the issuance of any 6D-1 DEFINITIONS, of ownership 'or resi- colIectian, ., protection- licensesauthorized. by SECTION 7-6D-4 EX= ding in. the city. bf and..., disposition of this article: CEPTIONS TO KEEP= ,w Dubuque,hichever is dogscats"and .::other• E. Veterinarian Fur-, ING AND. LICENSING first. animals , and the nish:-Copies: -•Each RESTRICTIONS; ARTI- C. -Dogs:•: • collection of fees;for veterinarian within the CLE E POTENTIALLY 1. License Fee;, licensing and care' of city imits • shall, for - .VICIOUS DOGS, SEC- Neutering:.. seized and impounded ward.. to. the - city TION 7-6E-2 PROCE- a. The license fee per dogs and cats manager by no later DURE„FOR DECLAR- calendar year, or frac-- ":B."Impoundment Any" than;the tenth'of:,each ATiON OF "POTEN- tion thereof;- fora dog unlicensed dog or cat month a copy of; each TiALLY.VICiOUS DOG; • license shall --,.be as.except kennel dogs,or official rabies vacci- AND AMENDING established by the city cats 'and any licensed. nation certificate,: with, ,TITLE 7, -CHAPTER 6 manager. dog, or Cat. found" at .the owners:or, keeper's A. License Required: Dubuque., Code`;:,`of stituted. No person.shall keep a Ordinances is;arnended: B.. Ferrets,• -.Schedule: dog or cat, in the city to read as,follows::. lt,shall be unlawful "for unless such dog •or cat 7-66-4: HARBORING the. owner, or,keeper of is: licensed. by the city VICIOUS DOG OR CAT any ferret to "keep or as provided in •this Ifshalrbe-unlawfulfor. 'maintain such animal article: This... section any person or, persons unless the ferret shall shall . not, • apply ' :'to to harbor or' keep: a be vaccinated against veterinary clinics and vicious :deg . • or . eat rabies. by... a licensed boarding facilities.: within -the` city The veterinarian •-.with a B...Application ; For City may abate,,viola, vaccine licensed for.; License: The owner or tions_ of ;'this "'section the -use in ferrets and keeper shall make with .penalties ,inciud administered in accor-- application for a ing,'but not limited tie,' dance with with -the 'city .euthanization of _the Iowtng schedule manager. The appli-: animal Class of Anirrial:.Age cation shall give the ,Section ;5.. Section. 7- at Primary Vaccinatibrr name, physica! ad= .6B.-10 of.' the -_City of. Booster : _ dress, date of birth 'or Dubuque Code:..; of ,Ferret: 6, months,. social security number Ordinances is amended- Annually " • of the owner or keeper, to read as follows: • - C., Inactivated Ner- the sex and description. 7"66-10:;; IMPOUND vous . Tissue: Inacti- ;of the dog or cat, and; if MENT,. , "REDEMI?TION• vated--,.nervous,;,tissue known, its breed _ and AND, .DISPOSITION.:; OF vaccine . may only be age. In 'the 'event;of.:a UNCLAIMED ANIMALS:-. used in • accordance A NEW b. Tne applicant'or large shall be subject address; issued by the ARTICLE F, VICIOUS licensee shall furnish to seizure. and. im veterinarian during the DOGS AND' CATS written, proof, from...a poundment, m a place preceding -month keeper ` shall:: :save teristics of the animals licensed veterinarian provided by the c ty.: Section 7:, Section 7; harmless,defend; ' and specified above. that surgical' prose-, C. Notice To: Owners 6C-2 sof the City: of indemnify the city of .Section 10. Section'7 dures. have-,., been Of Licensed -:Dogs -Or Dubuque,.;Code ,of, Dubuque and its 60-4- of. ,.the City ,of performed that render.. Cats:,Whenever., any Ordinances,isamended; officers,..agents and Dubuque Code of either male or female licensed dog or cat has to. read,asfollows: ernployees froMeny or Ordinances isamended dogs, incapable of been- .. "seized er .."7 -6C -2r CONFINEMENT all Claims' ,of any kind to read as follows: ' reproduction, which impounded pursuant to AUTHORIZED: . arising outofthe home_ •-7-6D-4:.EXCEPTIONS. may` result , in, a this article, notice;.of A _Animal Suspected quarantine. TOKEEPINGAND-LICEN-- reduced Iicensedfee. such": aCtien . shall be Of HavingRabies- The 13. The owner or SiNG RESTRICTIONS 2. Expiration; .Rene'w- given ;as, provided'. in owner orkeeper of any keeper shall agree in The prohibition con- al; Delinquent Fee:. All, this article.; L. dog; or cat or .,other writing. that if the. tained in section 7-6D-3 dog -licenses , issued. D. Redemption . r.hAs animal disappears dui- of this, article. and the under this subsection 1. Except as otherwise contracted: rabies, -,or, ing the homer "guar- licensing provisions of shall expire one year provided,, ses the pas- h h whicas been subject antine .the owner ,or section,,7-60-5 of this from " the", date the • sion of . any licensed to rabies or ;which: has keeper; shall indemnify " article shall not, apply license was issued and dog ` or 'cat seized or bitten -or .cause_d skin the .person. bitten for to. the keeping.: of any :,dog, cat „ or shall" , become...delin-, impounded pursuantto abrasion, to any person any and all medical dangerous .animals -.in livestock, fowl or ferret quent thirty (30) ` days this.. article may . be . shall produce rand expenses rncurred:as a the' following circum - found -off .the premises after the. :license• •obtained•by the owner surrender up;such, dog, • • result.,,of the _,:disap,, stances: of the owner or keeper. .anniversary , 'date A or keeper'by paying an - cat dr other anneal to pearance of ' the` ' A The .keeping .of A dog or cat shall ,not delinquent ,fee as impoundment fee, as beheld in cgnfinement animal. Acceptance: of dangerous animals in,a be; deemed• at ...large if established; ,the? city,established by the city in., a licensed veter eh-psuch payments<by- 'public.• zoo,- bona fide keeper �theclogorcatis: v -manager," shalt be -• manager;--=-- trigether -inarian-s--animal hos---,theznerson bitten -shall -:educational or;medical the • --dr with the separatedaily- pital under ,the, not in any way:release institution, humane so- potentia byre hearing-! manager a writte ,the' • ci within,te the' date the de within to the -publ declarati 1. ittlis finds ti insufficie support ation, rescinder restrictio thereby 2. If ,the finds ,si a wildlife. rescue or- dence .tc gantzation; with appro- declarati priate. permit from the. manager. Iowa :;.conservation •:•the owne commission or, 7 ,,the notice-. of Iowa "department' of . urination natural.resources..1 working t dangerous hearing. enthrals.under the 3. F junsdictioof and in pending.' the -possession of the of .-the: • Iowa . conservation owner, or commission, pursuant dog :the to chapter 109• -or 109A declared of. the Iowa Code.,,, vicious,: ,r F. -A ...bona fide with.,all c commercial.. pet ,shop restrictioi licensed. and: inspected by thecitt by the Iowa depart- 4. if _it ment of agriculture. by the;:..a Any ".such . pet . shop officer or shall. :post in a ment - 'conspicuous place;:"the probable following notice: to. believi NOTICE.: , question • Section 7 -60:3 -Of the imenediat .City of Dubuque Code public sal of Ordinances prohibits animal ci the keeping, sheltering or, law Officer. m; impound, pending.tl be....held _this .artier or. -keeper shall 'be city nr' n that the home_ guar- manager's designee; or antine. should be C. The following, terminated,:, or'at any . animals' which shall be; time.: that.,any ;provi, deemed to be sions' or • conditions' .of gerous animals per se: hones quarantine are ,..1. Lions, tigers, violated, ..., tn' -. 'which, jaguars,' leopards, cou- event.the animal. shall gars, lynx and bobcats; 2. ,E be put: in thecustody 2. Wolves, coyotes - filed of a. licensed 'veter- and foxes; , service Marian :of rf.the state of ' 3.. Badgers, wolves- 3. Ac Iowa in.' .the city of ines, :weasels, skunks- witness Dubuque for • -the and mink; animal remainder of the 4:: Raccoons; or :la quarantine. period. . 5,Bears; lr officer; 10 :ifthe city manager 6..All apes, baboons, 4. 0 determines -at any time macaques, monkeys • evident that homeconfinement and chimpanzees;• B. Se is,, not appropriate' for • -'7. Alligators and ation U the, animal,.quarantine crocodiles; r declarz at a veterinary hospital . 8. Scorpions;: potent' shall jie:ordered., .9.'Snakes that are: shall b .41. The person bitten, ' a..Any member •of the shall b or,' if a., minor, the family atractaspidae, owner •person's.:: parent..' or including but not of t giiardian,-must sign an limited to .mole vipers . methoc acknowledgment indi- andburrowing asps-- by cert eating that the .person b. Any,member of the owner has been advised of familyelapidae, .voper- or - keen the, risks of rabies; that idae, crotalidae, atrac, address if the,. animal disap- taspidae, or, hydrophi- owner pears ,. during home' dae 'which ,are veno cannot quarantine;, the person • mous, including but not personi may have to undergo limited, to cobra's,,' by. pu postexposure rabies mambas,• coral snakes, . newspa prophylaxis„ and' that • kraits,,, adders,"; vipers, circulat the -person does , not rattlesnakes, copper- county. objectto home quaran- heads, pit.vipers, keel: -C. Con tine... The acknowledg- backs„..cottonmouths, . ation: - ment sh'all.afar :relieve and, sea snakes. shall sti the city of:Dubuque, its .c. Any -member Of the, 1.,Thf agents,_officers,:.and_. superfamily `:henophi- • theanir employees. from - any die, which- are.•limited 2. 1 liability if. the animal to. reticulated, pythons;; address disappears ' during . anacondas, and African, or, ke home quarantine'. " rock pythons. animal, 12- ... Theowner or.. 10. Reptiles that, are 3. The keeper,,'. shall: also venomous;, . the,anir execute, -.ari indemnity 11. Gila•monsters; . custody agreement in favor:of 12, Opossums; andor keeps the .;city.:.:of' Dubuque; , "13., Any crossbreed of 4. T which., Shall,',, provide such :,animals •which. which. 1 that the owner . or have ;- similar charas- of pots dog isb 5.,T, 'keeper's hearing objects declarat upon t 1 compli that " 1 acted forth is of thi NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY ' OF DUBUQUE, IOWA: Section 1. Section 7- 66-1 of the City of Dubuque Code of Ordinances is amended to read as follows: 7-6B-1: DEFINITIONS: The following defini- tions shall apply in the interpretation of this article: AT LARGE Includes placed i as a declarat tially vic 7. The violatior restricti 8. If th so deter owner. required chip ide planted i D - Owner:. A. Attached to a leash added to the -required of sufficient strength -license fee for each -and appropriate length , delinquent dog license._; to: control the animal. D. -Cats: where such leash. is . • ' 1. License Fee;. held by its owner ,or Neutering keeper:or . • a. The license` fee, per B. -Restrained within calendar year, or - an enclosed motor fraction' thereof,' shall: vehicle or ' by -crate.. or be. as,, established , by leash of sufficient thecitymanager. strength : and .appro- . b. The apelicant:or, priate length to.; keep licensee shall -. furnish the dog or cat within written -proof-, from a the motor vehicle; or; licensed veterinarian C. Housed: in a that • surgical,'"prose= licensed veterinarian's dures have been animal hospital; or - ' performed that render ' D. Accompanied_ by. either, male .or female the owner or.keeper on cats incapable of repro„ the premises of an- duction, which. :may. ' dog . 'or cat. is above•for=a, minimum; undomesticated _: or other with such result,:: in • a reduced•impounded. of -ninety (90) days • wild animal such; as -;a person's consent - and licensed fee. t.„-:.,-- 2: Upon proper C.Application for skunk, -„bat, fox,, •rac-• restrained by an 2. Expiration;-Rnew- identification the own Home Quarantine .Con: coon or:other carnivore -adequate -protective air Delinquent,Fees: All er may redeem-. `an drtions The :owner or bites • a person' fence or byieash; cord, cat• licenses ::issued -.unlicensed- dog or cat rikeep'er' of_anyi dog br whether: or note the, chain or ,oth�er.•sithilar under.;thin-subsection: seized or hmpoursderi cat : or otherr�mmal-arnmai's owner; or restraint that does not shall. expire one year pursuanttothis article which has `bitten, a 'keeper is, known; the allow the dog or cat to from the • .date the, after` : licensing the • person may ,;apply to animal , , shall , be" go beyond such per- license was,. purchased. animal,or agreeing to the •,city manager to humanely 'destroyed: son's property line or and .shall .: become purchase : a license have the animal and : examined for to come into contact delinquent" thirty'. (30) within ten (10) working releasell for"the put rabies,immediately with .anyone. outside days after -the, license days: Failure to .do so pose of,home: quaran- Section 8. Section -7 - such person's property anniversary : date.:rA shall „ result in ,.an H tine,. ome ,,quarantine 6C-3, .of the Code of line. m delinquent fee ,as additional fee `: as ay be permitted at Dubuque, Code pf CAT: Both .male and established. by, the city. establishedblithe city the, city manager.'s sole Ordinances is amended female .animals .in.the manager shall .. be" manager, added tithe discPetion. ;.If- the city - to read as follows+. family Felispatus whe, added:ter the- required licensefee, manager allows home 7-6G3 REPORTING they neutered or not: license fee for' each E. Disposition Of. confinement, AIL:of of the RABIES; NOTICE TO DOG: Both male and delinquent catlicense. , Unredeemed Dogs ,. • following conditions: CITY,MANAGER: female animals of the E. Tags 1. Licensed lf,tDog he must be met including: A it shall be the duty - canine species whe= 1.. Tags Not Trans-rowne . or keeper,of, a. but not hmitedto ,, of the,bwner or keeper they neutered or not; tenable:. A license licensed. dog impound 1., The animal, must - Many cat dog Mother: but:not including:a law- issued'femany dog or, ed pursuant ':to. this have a current ,rabies domesticated , -animal enforcement dog. eat, -,:,shall not .. he article . ,does :not vaccination..T,he vacci , suspected • of- being HEALTH CARE PRO- transferred to another_ redeem,':such, animal nation_ -certification rabid- • that. VIDER: A -person who is dog or cat. within seven (7) days must bear: ,the des attacked bitten or trained 'and licensed to' 2...Tags,Attached to after -the mailing: df.:the cription.:of the, animal,. caused .any, skin give health care. , Collar Or Harness:, The. , notice .provided for in the type of vaccine abrasion. ,, upon . any KEEPER: Any person owner or keeper ::ref a this, article, the license used the expiration.of.. 'person, to:repent such other than.' the ,owner dog. or•cat, upon pro shall-automatically;be the. vaccination , ,and incident to the. city keeping, . sheltering: • curement of -- the 1i revokedland the animal the., signature. of. the manager, -:' • ar harboring for any having control or cense,shallsecurelyat- disposed of as directed -,veterinarian adminis- B. -It Shall be the duty purposewithin the City custody of or harboring tach the license tag:to" by the cit/ manager.. tering the.vaccmation.of. the victim. who has of Dubuque,any. dan- an animal. a collar or harness, and, 2: Unlicensed: Dog: 2. The animal must been .attacked, bitten gerous animal, as KENNEL: Shall refer to this, collar or. harness,. Any unlicenseddog, not have a .current city' or, ..caused. • a: skin- defined -in Section.7-60- a ,place; or establish- with the tag attached, ' redeemed: by, :: the license if the animal is abrasion by any cat;, 1. Dangerous animal ment where dogs" or Shall -at all times- be_ owner withinthree (3) _ six: (6) months of. age, r dog or_ other domes- includes,- -but is not cats are kept or raised kept on the dog or cat. days -after it fiat",been, •orolder.• Heated animal.susoect- limited tn, .thp fee for., keeping such supervision. ,.of;,.. a the. owneror keeper ciety,. er museum dog.or cat each day Ain licensed 'veterinarian. from any other. liability where they are kept as fraction thereof:during and;- n quarantine, for the towner may,,have•to live specimens for,, the.• the time that such dog observation: for a the person bitten .: by. nubile to view,, or =-for or cat is' impounded. period of ten (10) days reason of -,,the- -"animal .the:purpose.of.instruc- Upon: the second :sub- ' from- the; date the bite bite.:lt shall be th&sole tion research or study. Sequent: impoundment rib -purred . at the, ex responsibility,bf the • B The keeping' of of ..the . same animal - penseof the...owner or person.. bitten,. and not .dangerous ;animals for within, three hundred keeper of theanimal::, • the responsibility 'of exhibitiontothepublic sixty -five, -.(365) days, B: Quarantine,..•Of the .city,. to. enforce by a. -bona fide. tra... ani mpoundmentfee'as Animal Bitten. By. Rabid. such;-; agreement;• This veling circus carnival, established by the city, Animal ' Any. animal subsection shall -not exhibit:; or'. show manager^;,shall .''.be bitten or, attacked by, apply if the 'person licensed, to perform in assessed" together. with any,: known rabid ani-: bitten,--4--the owner or the city, the, separate daily fee, mal,: shall .be quay- keeper ofthe animal or; C. The keeping of for keeping such dog, antined,under.direction: any : person, residing. dangerous animals in.a or ( cat each day.of the. health officer by With,. •the owner or bona fide, licensed -fraction thereof during being -confined and. in keeper.+ .;-_ • veter nehTriospital for the time which 'said quarantine as provided D. Wild Animals:lfan treatment. D: The, keeping of dangerous animals • by to a surgical .procedue. 11-;%14ff.c41)': that'. "has ' been . per- by tne cit,' manager. formed on a dog or, a G. , Consent Implied cat that . renders it From -.Application' And, incapable 'of siring. or Receipt . The aPPlita-.. bearing offspring. , tion for and the receipt NUISANCE: A dog or. of a license asrequired cat shallbe considered in this section, shall. a nuisance if it: - -.• include an .,implied A. Damages, . soils, consent by the owner, defile's or defecates oh or keeper .to permit an private -property .other inspection of both real.' than the ...owners or and personal property keeper's or on public under the . owner's or walks and recreation. keeper's controifer, the . areas . unless • such _ purposeof carrying out waste is 'immediately. the provisions ,.of this, removed and properly article - relating 'to. ' the, disposed of by the harborage of vicious owner or keeper. animals or to the , B. Causes unsanitary, control of rabies plat - dangerous or offensive break or relating to the conditions.. . provisions of law rela- C. Causes a distur- tive-to..the prohibition bance .by,. excessive of cruelty to animals.; - barking or other noise- Section, S.:Section .7 - making • that can be 6B-3 of , the City , of heard from a 'position Dubuque • Code of in the public right of Ordinances is amended. way. toreadas follows: D. Chases' vehicles, or, . 7-6B-3: • KEEPING. molests, attacks or DOMESTIC: - 'ANIMALS interferes with persons ON UNOCCUPIED RESI- or other domestic ani- DENTIAL PROPERTY:OR mats. off.. the premises IN • DANGEROUS bun...p- ot the owner or keeper: INGs_PROHIBITED: OWNER: Any person The .owner,or Keener owning a cat, dog, or of &dog& cat shall not other animal. . . keep_ or allow ;the. dog VICIOUS ANIMAL: A or cat to' be "kept on' vicious , cat or dog is unocdOpied;ProPertY;or deemed so When it in any building, that shall have attacked or meets the. definitiOn'Cif bittenany person on a. dangerous --building more. than .one. =dal- as set forth in section sion without proydica+,= 14-3-2 of this .Code. For tion. or when an attack . purposes . of ' this or bite . resdlts . in . provision; "unoccupied Serious bodily injury. . ,property", shall' include Section ,2.-Section"7-: but is not . limited to, 68-2 'of the . City of property that is not the Dubuque Code. of primary- residence of Ordinances is amended the owner.or, keeper or to read as follows: any other Occupant. LICENSING; Section 4: Section ,•:,c0WIPAre,0944#"' redeem within . five (5), days after the mailingOf the notice provided -for ir this article;the license. shall automatically be revoked andthe aniMal, disposed of as directed bYthecitY.Manager., 2. Unlicensed.Cat:Any unlicensed.cat. . not redeemed Jy, the owner within-three.(3) days_afterfit..h,a.S. been seized . or. impoUnded. Shall..be diSposed. Of as directed by the. city manager. . . - Section 6,,,Sectieri 7- 6C4 of the City , of. Dubuque.. Code . 'of Ordinances is aihended' to readas follews; • 7.::6C4i'VACCINATION REQUIRED: A. Dogs': And ..Cats; Senedule:. It shaU ba unlawful for the owner, or . keeper of any domesticated species of dog Orcattotteepo maintain: such animal unless the .dog or cat shall be .vaccinated against by', a licensed • Veterinarian, with ap- proved ".: by ,.the :Iowa depa.rtinent. of agridul ture arid`adrnirlisteed iri.accOildanCeiWith--pc: following schedule Class of Animal Age at PriniarYyaccination; Masten, Dogs: 6 rronth's;:i Year -later. triennially thereafter_.-"', • „ Annually or 1 year later, triennially 'there- - after„_,- • . - 1. -Approved 144, Kq'n9tmsrgr 10,e,th ianirnaliexam., ined by a.veterinarian, -licensed. in the ,state of Iowa, -who shall certify that -, the aniMall ap- pear S to.. be. free, of rabies or -any other zoonosis. Such exami- nation .ancicertification must .be. repeated on the.tenth'day.„- 6. The owner or keeper . must demon- strate to.: the eatis faction of the -city manager that ..the' oWner,.or keeper . has the proper facilities and the ability,. to adeqqatelY,'-:: and „pro- perly. the animal to owner or keepers,.... home or. property- .-during" 'the mjarantine. Period. 7Y The- owner or keeper ...must .l agree. to itaniddiatelY..notify_the city 'manager' ,any changes the :•ani- mal's heeitft•Or';,dispo-. sition; seiftatiVes Of.,:tha city Manager to enter.uPon- the:. property and- .to examine the &din&"A' any time, .an,, to ithrriediateltake, the an iinal tO,' .,a ibenSed veterinarian for exaif f- ination,... at ...any „ :bite when directed by -the city manager. keeper ..riinSt., agree -to promptlypayaH .costs of.'Veterinarian•OX.arrii-: nations during ' ,-the quarantine period.. 9:,The.',:owne” or keeper .,must: .further agree. to---EStrihisediatelY surrendW,the, 2animal at ,..ariy.':time.."tne,._.dity manager , determines • • _ td-"sud1 health' care ' provider or vetermanan practice through such health care'provider's . or veterinarian practice's professional capacity with reference to any person having been attacked, bitten br having skin abrasions bY. any dog, cat , or other'dornestic Section 9. Section 77 6D-1" of the. City of Dubuque Code of Ordinances is amended to read as_follOWS::7-60-1: DEflNITIONS: • 'Unless otherWiSe expressly stated or the context clearly indi- cates - a different intention, the following terms shall,,, for, the pi -goose of this article,* have the :Meanings in this section: CITY:Jtie city of CITY.- MANAGER, CHIEF. OF OLICE, AND CITY • CLERK:: Those einriloYees of the citY of , Dubuque duly appointed and holding those positions. DANGEROUS ANIMAL: A: Any ariiinal Which IS not-naturallYtarna or gentle, and which iS,of a Wild nature., or qisposition,, and .which is capable of killing, inflicting'serious injury upon, - or causing disease among, human beings or domestic aniinals and having ' tendendiet as a speciesto do so; B: Any;.animal(s) declared to: be dangerous by the city Manager or the city 6. All apes, baboons, macaques, monkeys andthirnpanzees; • 7.,: Alligators.and crocodiles; • & Scorpions; • 9. Snakes that are: • a. Any member of the ' family atracta.spidae, including .but not - to mole:- Vipers and burrowing asps -b. Any member of the faMily,elapidae,'Vo'per- : idae, crotalidae, atrac- taspidae, ,or ,hydrophi- dae which are ..veoo-• mons, including but not limited:, to :cobras, mambas, coral snakes, kraits, -adders, vipers, rattlesnakes; . copper- heads, pit. vipers, „ keel - backs, 'cottonmouths, and sea snakes. c. Any member .of the. superfamilYhenciphij. dia,: which are limited to reticulated pythons, anacondas, and African rock pythons. - 10. Reptiles thatare venomous; 11. Gila niankers; ' • 12. Opb§sums;:and• 13. Any crossbreed of such .animalwhich have similar character- Estics,..of the animals above.. Section 11. Section 7- 6E-2 of the City .of Dubuque Code of Ordinancesis amended. to read aldfolldvirs: 7-6E-2( , PROCEDURE. FOR, DECLARATION' OF POTENTIALLY VICIOUS DOG: . -I A. Basis for Declar- ation: The city manag- er „may- find. and de- clare an 'anirnal. poten- tially vicious based uwitx . 0.ite‘fl ',•••0 ' rum& dontrot, 'officer.. shall permit the animal to. be confined at .,.. the owner's expense in a health services depart- ment approved kennel „or veterinary facility., Section 12. 'Title 7, Chapter 6 of the City of Dubuque Code of Ordi- nances is -amended' by adding the following: ARTICLE F. VICIOUS DOGS AND' CATS 7-6F-1: DEFINITION: A "vicious animal" is deemed so when it has attacked or bittenany person: on more than one occasion without provocation ..or 'when an attack, or • bite .results in serious bodily injury. 7-6F-2: . PROCEDURE ciria ion,. pe:Avici,ous, animal shall be Pro-- perly licensed and vaccinated. The vicious designation shall be included in the regis- tration records of the animal. The city may charge a vicious animal fee in addition to the regular licensing, fee- to prcivide, for the increased, . costs. of maintaining the re- cords of the animal.' . B. Confinement' Restraint: 'A' vicious animal, white on the owner's:. or keeper's property, .shall 'at ail times be kept indoors or in. a securely.fenced yard from which the animal cannot escape and into which people cannot trespass. A FOR DECLARATION OF vicious animal may be VICIOUS ANIMAL: - off the owner's or A. Basis for Declar- keeper's premises only ation: The city, man- if restrained by a ager may find and substantial leash, of declare an animal appropriate length, vicious based upOn the and if the animal is following: under the control of a 1. When .the animal responsible adult and has attacked or 'bitten is humanely muzzled. any , person on more C. Notice of Death: If a than one occasion vicious animal dies, the without proVocation or owner or keeper of the when an attack or bite animal shall notify the results in serious city, manager of the bodily injury. .death of the animal in B. Service of beciar- writing within two (2) ation Upon Owner:The working days. declaration eta vicious Passed, approved, animal shall be in and adopted the 5th writing and shall be day of June, 2017. ,. served on the owner or /s/Roy D: Bupl, Mayor keeper in one of the Attest: /s/Kevin S. following methods: Firnstahl, City Clerk personally, by certified Published officially in mail to the owner at theowners or keeper's the Telegraph Herald last known address,. or newspaper on the 9th if the owner or keeper day of.Ju,ne, 2017. cannot be served , /s/KeVin S. Firnstahl, City Clerk- Legal Notices 3;700 LF of 12 -inch PVC water main: The pro- ject also,,. includes, various': water . main: appurtenances includ- ing: fittings, resilient seat gate valves, -fire. hydrants, mechanical and push -on :,-joint restraints, etc.; as well as erosion '- control including silt' fence, topsoil removal -and replacement, and seed- ing: Traffic control ,is included( in the project to maintain ' a safe, worksite for both the Contractor ;and, the public. Written comments. regarding, the above public hearings may be submitted, to the City Clerks' Office, 50 W. 13 Street,', on or before said'. time of public hearing. Any visual, or hearing-" impaired persons need- ing special assistance or persons 'with special accessibility ; needs should contact the City Clerk's office at (563) 589-4120 or • TDD : at (563) 690-6678 at least 48 hours prior to the meeting. Published by order.of the:City Council given on the 5th^day of June 2017. . Kevin S. Firnstahl,.' ' CMC, City Clerk It 6/9 CITY OF DUBUQUE, IOWA OFFICIAL. NOTICE ,PUBLIC NOTICE is hereby given that the City Council, of the City. of, Dubuque:. loWa, will hold a'' public; hearing oh they' 19th..; day of June, 2017, at 6:00 p.m., in the Historic Federal Building, 350 West 6th, Street, '• second, floor, Dubuque, Iowa, at ,which meeting th'eCity Council proposes to dispose, of an interest in the following -des- cribed'real property by sale to Rachel M. Regan: LOT 30 AND THE NORTH,5 FEET OF LOT 33 IN J.P..SCHROEDER'S ADDITION TO DUBU- QUE, IN THE CITY OF DUBUQUE IOWA,., -AC- CORDING TO THE RECORDED PLAT THEREOF - 2249 HAR- OLD STREET At the meeting the Resolutionand a notice to be published as prescribed by. IoWa Code Section 364.7 of a public' hearing" on the City's intent to dispose of the foregoing-des- ,cribed Property, to be held on the. 19th day of June, 2017; at , 6:00 o'clock p.m. at the Historic Federal Build- ing,,;- 350 West 6th Street, Dubuque, Iowa. Passed, approved, and adopted this 5th day of June, 2017. • ''Roy D Buol; Mayor Attest: Kevin°S Firnstahl, CMC, City Clerk it 6/9 CITYOF DUBUQUE,. IOWA ZONING BOARD OF ADJUSTMENT AGENDA Date: Thursday, June 22, 2017 Time: 5:00 p.m. Place: City -Council Chambers; Historic Federal Building, ` 350 West 6th StreetDubu- que, IA Noticeis hereby given that the above identi- fied governmental body will meet at the time, date' and place as set forth above: The agenda for the meeting is as follows: Regular Session- Call to:Order Certification of Comr pliance'' with: the 'Io- wa Open "' Meeting Law Roll Call Minutes May 25, 2017 Docket 12-17: Condi= tional Use Permit (Tabled from 03/23/2017 &' 04/.27/2017) Applicant: , First American: Site Acquisi- tion, Inc: • Address:800 Wacker Drive - Proposal: To, con- struct a' monopole" cell tower in a PC Planned CommerciaLDistrict. Docket 26,17: Special Exception Applicant: Beverly R. Miller Address: 2745 Dodge Street . Proposal: To build a 1,200 -sq. ft. detached accessory structure for a total of,2;;000sQ -ft.• of'detadhed accessory structures;1;000 sq. ft. maximumpermitted; in an, R-1 Single= Family Residential= Zoning dis- trirt in the' office of the clerk of this court nam- ing you as the defend- ant- in this action: A copy of• the petition (and "any documents filed with it) is .attach- ed to' this notice: The name and address of the attorney' for the plaintiff is 'Erik' Fern; Putnam, Fern &' Thompson Law 'Office, P.L.L.C:, 801 Commerce" Drive; Suite d, P.O. Box 70, Decorah, Iowa 52010, The attorney's phone number; is 563- 382=2984,-' • 'facsimile number 563-382-8810.. You are-furthernoti- fied"that the above case,has been'filed.in a county- that Utilizes electronic filing.• Un-' less,'Within 20 days of-' ter service of this origi- nal notice upon ,you, • you serve, -and within a reasonable" time- there; after 'file a "motion or answer," in _ the 'Iowa ,District Court for Dubu- que` County, at the courthouse in •Dubu=' querlowa, judgmentby default will' be ren dered'against you for the -"relief demanded in the petition.' Please see Iowa CourtRules Chap- • ter 16 for information on'el'ectronic filing and' Iowa Court Rules Chap- ter 16,' division' VI re- garding the.,protection ,of personal information in courtfilings:-' If you' require theas- sistance of •-auxiliary aids or services to par- ticipate `in court be cause of •a•disability,` immediately call your district 'ADA coordin- ato'rat(319)-833-3332. • (if 'You are hearing-im- paired;• call Relay -Iowa 'Mat F800 -73S-2942).:: IMPORTANT:: 800 735-2942) :- IMPORTANT: 'YOU' ARE ADVISED TO SEEK, LEGAL ADVICETO PRO- TECT YOUR INTERESTS. 3t 5/266/2,-9•,•:, , • Low -Income - ` Telephone Assistance - ' Low-income tele- phone assistance is available to qualifying low-income Iowans. as part -of, , two federal support : programs. These • programs "Life- line -Assistance pro- through'Bernard'-Tele phone `Co , Inc. for our wire line and -Wireless subscribers. - *Lifeline - '' Lifeline assists delinquent. The assessments_may„ be paid in full or: in part without interest at the City Treasurer's Office;. City, Hall,' 50 W. ,13th'. Street; Dubuque; Iowa,' at any time within 3:0 days after the date. Of the first' publication; of the notice" of the filing of the Schedule of Assessments with the; County Treasurer, After 30' days ;unpaid, assessments are pay able„ the, "County, Treasurer's Office;, Dubuque County Court, house, ,• 720, Central Avenue, Dubuque, Iowa, and charges shall bg ” collected in the same manner ', as' general property'. taxes against the_ respective' parcels of the property set forth on " the attached schedule. ' ' You -are - hereby notified that the 'City Clerk be and lis hereby. ordered and directed. to certify to the County Treasurer of Dubuque County, Iowa, that the persons named On the attached Grass/Weed/ Garbage Assessment Schedule. are: `delin quent in the "payment, of grass , and weed', cutting '• and garbage' collection charges in the amount set aside of the respective . names, and that said amounts shall•,be, collected in the Same manner as general property; taxes, against the respective parcels of propertyset\ opposite the names Of the owners. ' ' This notice given by direction of the City Council, of the City of Dubuque, < Iowa, as provided" - in Section .384 60':of the Code of Iowa: • /s/Kevin 5. Firnstahl, City Clerk Schedule of .' Assessments' Delinquent Grass and Weed. Cutting -,, and Garbage Collection Charge Locations :-Legal Description; Owner/ Address; `Parcel' #, Amount; Category 1293 Bluff; Lots 767 & 768A. both ' in `, A McDaniels Sub 1293 1299 Bluff Corner Pr.`operties `LLC 1008 ''- Walnut 'St; Dubuque IA .52001 1024340027 $155.00, garbage' -Alice: Lot 4 1024432007; . $121.00; garbage '-; 2293 Schroeder; ,Lot 19 J P Schroedersl Add; Lea, Jacqueline J; 820 Linfield' Ter NE; Leeburg "VA 20176; 1024109010;, $92.50; grass • 1755 Bennett; Lot 17 Hodges' Sub; Freedom Properties LLC; '3500 Dodge • St '#101; Dubuquer I'A' 52003; 1026251023;, .;.($109.00;- garbage 903, Garfield Lot 1 HoopersrAdd 90390,3 1/2GarfieldAve m' Sala-' King ` Dania "& King, Lee;: