Code of Ordinances Amendment - Title 7 Animal Control Licensing & Restrictions Copyrighted
August 7, 2017
City of Dubuque Action Items # 8.
ITEM TITLE: Code of Ordinances Amendment- Title 7 Animal Control -
Exceptions to Keeping and Licensing Restrictions
SUMMARY: City Manager recommending approval of two amendments
to correct and update references to city and state code
sections in the City's animal control ordinance.
ORDINANCE Amending City of Dubuque Code of
Ordinances Title 7 Police, Fire and Public Safety, Chapter
6 Animal Control, Article D Dangerous Animals, Section 7-
6D4 Exceptions to Keeping and Licensing Restrictions
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Motion B; Motion
A
ATTACHMENTS:
Description Type
Exceptions to Keeping and Licensing Restrictions-MVM City Manager Memo
Memo
Staff Memo Staff Memo
Ordinance Ordinance
Suggested Motion Wording Supporting Documentation
THE COF Dubuque
DtUB
E All-America
City
Masterpiece on the Mississippi 1 1 1 1"
2009•2012•2013•2019
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Exceptions to Keeping and Licensing Restrictions
DATE: August 1, 2017
Extensive changes were recently made to the City's Animal Control Ordinance
contained in Title 6, Chapter 7 of the City of Dubuque's Code of Ordinances. During
codification and publication of those recent amendments, two outdated references were
discovered.
Assistant City Attorney Maureen Quann recommends City Council approval of two
amendments to correct and update references to city and state code sections. These
amendments do not substantively change the existing ordinance.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Aalslx-�,
Mic ael C. Van Milligen
MCVM:jh
Attachment
cc: Crenna Brumwell, City Attorney
Teri Goodmann, Assistant City Manager
Maureen Quann, Assistant City Attorney
HE CITY OF
DUB
E MEMORANDUM
Masterpiece on the Mississippi
MAUREEN A. QUANN, ESQ.
ASSISTANT CITY ATTORNEY
To: Michael C. Van Milligen
City Manager
DATE: July 24, 2017
RE: Exceptions to Keeping and Licensing Restrictions
INTRODUCTION
Extensive changes were recently made to the City's Animal Control ordinance
contained in Title 6, Chapter 7 of the City of Dubuque's Code of Ordinances. During
codification and publication of those recent amendments, two outdated references were
discovered.
DISCUSSION
City Code Section 7-6D-4, Exceptions to Keeping and Licensing Restrictions, as
currently written, refers to "licensing provisions of Section 7-6D-5." City Code Section 7-
6D-5 addresses restrictions for keeping dangerous animals, not licensing. Therefore, in
the proposed amendment, the word licensing is removed.
City Code Section 7-6D-4(E), as currently written, references Iowa Code Sections 109
and 109A and dangerous animals under the jurisdiction of and in the possession of the
Iowa Conservation Commission. Due to changes in Iowa Code, the applicable Iowa
Code Section is now section 717F. Therefore, the proposed amendment now contains
a reference to Iowa Code 717F.
These two proposed amendments correct and update references to city and state code
sections. They do not substantively change the existing ordinance.
RECOMMENDATION
I request that the proposed corrective amendments are reviewed and forwarded to the
City Council for consideration and approval. Please let me know if you have any
questions.
Thank you.
MAQ:jmg
Attachment
cc: Mary Rose Corrigan, Public Health Specialist
2
Prepared by: Maureen A. Quann, Esq. 300 Main Street Suite 330 Dubuque IA 52001 563 589-4381
ORDINANCE NO. 37-17
AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 7 POLICE, FIRE
AND PUBLIC SAFETY, CHAPTER 6 ANIMAL CONTROL, ARTICLE D DANGEROUS
ANIMALS, SECTION 7-6D-4 EXCEPTIONS TO KEEPING AND LICENSING
RESTRICTIONS
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. 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 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 717F 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 2. This Ordinance takes effect upon publication.
Passed, approved, and adopted the 7th day of Au List, 2017.
Roy D. Bol,
Attest:
Ke\n. Firnstah , bity Clerk
EFFECT OF AMENDMENT
7-6D-4: EXCEPTIONS TO KEEPING AND LICENSING RESTRICTIONS:
The prohibition contained in section 7-6D-3 of this article and the 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 717F 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 supen`amily 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.
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: August 11, 2017, and for which the charge is $50.19.
Subscribed to before me, a Notary Public in and for Dubuque County, Iowa,
this /SO day of , 20 /7
otary Public in and for Dubuque County, Iowa.
MARY K WESTERMEYER I
Commission Number 154885
My Commission Exp. Feb. 1, 2020
-- OFFICIAL
PUBLICATION
ORDINANCE NO. 37.17
AMENDING 'CITY OF
DUBUQUE CODE OF
ORDINANCES TITLE •7
POLICE, . FIRE, AND
PUBLIC i.: SAFETY,,
CHAPTER 6' ANIMALL,
CONTROL ARTICLED
DANGEROUS Ate-., MALS;SECTION 7-6D-1.
4 EXCEPTIONS ;TO
KEEPING AND, LICEN=I
SING. RESTRICTIONS
'NOW, -.,.THEREFORE, i'
BE';IT•.ORDAINED: BY
THE,' CITY ' COUNCIL
OF THE, CITY OF'
DUBUQUE, IOWA:':
Section 1. Section 7-
6D-4' „of •,the City of
Dubuque; Coder, of
Ordinances is amended
to read as.follows:
' 7-6D-4i''EXCEPTIONS'
TO KEEPING AND LI'
CENSING RESTR!CTlONS:
The .prohibition
contained in section 7-
6D-3 of this article and
' the _ , provisions -. of
. section 7-6D-5, of: this
article shall not apply
to- - the keeping of
dangerous animals in
the following circum-
stances:
A. The keeping of
dangerous-animais'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 j
the purpose of instruc-
iop, research or 3tu(ay.
B. The keeping of
dangerous animals for
exhibition to the public
by a bona. fide travel-'
ing circus, carnival,
exhibit or show
licensed to perform in
the city.
C. Thekeeping ,of
d,�trg0rowS,a01maILifl
• bona fide, .licensed
Veterinary- hospital for.
treatment.
D: The keeping of
dangerous animals by
a wildlife rescue organ-
ization, with: appro-
priate 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, 1 pursuant
to chapter 717F, of the
Iowa, Cod_e;. _
F. A bona fide
commercial pet shop
licensed and, inspected
by the, Iowa .,depart-
ment 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,.1. -'Dangerous animal '
includes,'- but is not
limited to, the
following:
1. Lions, : tigers,
jaguars, .teepee's; : cou-
gars, Iyrtx__and bobcats; . 1
2' Wolves, coyotes
and foxes; . _'4'.
'Badger's, waiver -
roes, weasels, skunks
and; Mink ..
4. Raccoons;
5. Beans;'
6. Ait apes, baboons;
macaques, monkeys
arid chimpanzees;,.:
Alligators, and',cro-
eodiles;, ...,. ,,.
t 8.; Scorpions; ,
3: Snakes that
a. Anyy,'Ibember of the
family. 'atractaspidae,
,`including!.' but . not
limited 10,.mole:Vipers
ia.. .
nd'burrowing, asps:
'An y,Member of the
family elaprdae, voper-
',.idae, crotatidae,, atrac-
tasptdae,'; ar, ' 'hydro-
phidae, "whiefr, 7 are
venomous,,, including
,'but; -:;;not. limifer{:,; to
cobra's, mambas; :coral
snakes;';'kraits, adders,
vipers,, ;�