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BE IT ORDAINED By the Hawarden City Council that:

Section 1. - Title 7 is hereby repealed in its entirety.

Section 2. - A new Title 7 entitled "Animals" is hereby created:

CHAPTER 7.04 - ANIMAL PROTECTION AND CONTROL

7.04.01 DEFINITIONS. The following terms are defined for use in this title and chapter.

1. “Animal” means a nonhuman vertebrate. (Code of Iowa, Sec. 717B.1)
2. “At large” means off the premises of the owner, not attached to a leash held by a competent person, restrained, within a motor vehicle, or housed in a veterinary hospital or kennel.
3. “Cats” includes both male and female felines whether altered or not.
4. “Dogs” includes both male and female canines whether altered or not.
5. “Domestic Animal” is a typical and customary house pet, under 100 pounds that is not a livestock species or a dangerous animal as defined herein. This shall include dogs, cats, non-dangerous aquarium fish, domesticated birds, hamsters, or gerbils.
6. “Livestock” means an animal belonging to the bovine, caprine, equine, ovine or porcine species; farm deer, as defined in Section 481A.1 of the Code of Iowa; ostriches, rheas, emus or poultry (i.e. chickens, turkeys, ducks, geese, pigeons, game hens, pheasants, etc.) (Code of Iowa, Sec. 717.1)
7. “Owner” means any person owning, keeping, sheltering, maintaining, or harboring an animal.

7.04.02 LIVESTOCK. It is unlawful for a person to keep livestock within the City limits except in those locations previously grand-fathered and otherwise in compliance with the non-conforming use provisions of the Hawarden Zoning Code.

7.04.03 LIVESTOCK NEGLECT. It is unlawful for a person who impounds or confines livestock in any place to fail to provide the livestock with care consistent with customary animal husbandry practices or to deprive the livestock of necessary sustenance or to injure or destroy livestock by any means which causes pain or suffering in a manner inconsistent with customary animal husbandry practices. (Code of Iowa, Sec. 717.2)

7.04.04 DOMESTIC ANIMALS. The total number of domestic animals older than 6 months shall not exceed four (4) per residence or place of business (excluding bona fide pet stores).

7.04.05 ANIMAL NEGLECT. It is unlawful for a person who impounds or confines, in any place, an animal, excluding livestock, to fail to supply the animal during confinement with a sufficient quantity of food or water, or to fail to provide a confined dog or cat with adequate shelter, or to torture, deprive of necessary sustenance, mutilate, beat, or kill such animal by any means which causes unjustified pain, distress or suffering. (Code of Iowa, Sec. 717B.3)

7.04.06 ABANDONMENT OF CATS AND DOGS. A person who has ownership or custody of a cat or dog shall not abandon the cat or dog, except the person may deliver the cat or dog to another person who will accept ownership and custody, or the person may deliver the cat or dog to an animal shelter or pound. (Code of Iowa, Sec. 717B.8)

7.04.07 LICENSING AND IMMUNIZATION. All dogs over six (6) months and all cats over four (4) months must be immunized and licensed. The license and immunization tags shall be securely fastened by the owner to a collar or harness which shall be worn at all times by the cat or dog. The license tag must contain the family last name, the address and phone number of the owner, and any other necessary contact information. An alternative numbered tag system may be utilized with a local veterinarian provided the same owner contact information can easily be obtained via a phone call. Proof of immunization shall also be provided in the form of a tag. If the veterinarian is holding the contact information, the same tag may be utilized to trace proof of immunization, otherwise a separate local veterinary tag shall also be required where such immunization information can be verified.

7.04.08 AT LARGE PROHIBITED. It is unlawful for any owner to allow an animal to run at large within the corporate limits of the City.

7.04.09 DAMAGE OR INTERFERENCE. It is unlawful for the owner of an animal to allow or permit such animal to pass upon the premises of another thereby causing damage to, or interference with, the premises.

7.04.10 ANNOYANCE OR DISTURBANCE. It is unlawful for the owner of a dog to allow or permit such dog to cause serious annoyance or disturbance to any person or persons by frequent and habitual howling, yelping, barking, or otherwise; or, by running after or chasing persons, bicycles, automobiles or other vehicles.

7.04.11 FEMALES IN HEAT. The owner of any female dog or cat in heat shall confine the female dog or cat in a building or a cage/kennel or keep the same in said owner’s presence so that the female dog or cat cannot come into contact with another animal except for planned breeding.

7.04.12 VICIOUS DOGS AND CATS. It is unlawful for any person to harbor or keep a vicious dog or cat within the City. A dog or cat is deemed to be vicious when it has attacked or bitten any person without provocation, or when propensity to attack or bite persons exists and is known or ought reasonably to be known to the owner.

7.04.13 OWNER’S DUTY. It is the duty of the owner of any dog, cat or other animal which has bitten or attacked a person or any person having knowledge of such bite or attack to report this act to a local health and law enforcement official. It is the duty of physicians and veterinarians to report to the local board of health and local police department the existence of any animal known or suspected to be suffering from rabies.

7.04.14 CONFINEMENT. When a local board of health or peace officer receives information that any person has been bitten by an animal, or that a dog or animal is suspected of having rabies, it shall order the owner to confine such animal in the manner it directs. If the owner fails to confine such animal in the manner directed, the animal shall be apprehended and impounded by such board or peace officer, and after two weeks the peace officer or board as the case may be may humanely destroy the animal. If such animal is returned to its owner, the owner shall pay the cost of impoundment as provided in the section below.

7.04.15 AT LARGE: IMPOUNDMENT. Any dog or cat or other animal found at large in violation of this chapter shall be seized and impounded upon complaint, or at the discretion of the peace officer, the owner may be served a summons to appear before a proper court to answer charges made thereunder. The peace officer shall make a reasonable attempt to contact the owners of licensed animals with information available on the tag. Dogs, cats or other animals may be recovered by the owner, upon proper identification, by payment of the impounding fee of all boarding, food and care costs, and the production of a license and veterinary tag as required herein. If such dogs, cats, or other animals are not claimed within three (3) working days after impoundment, they shall be disposed of in a humane manner. Any dog, cat, or other animal returned to the owner or adopted must be brought up to date on all vaccinations before being released.

7.04.16 DESTRUCTION IN LIEU OF IMPOUNDMENT. Not withstanding any of the other provisions of this chapter, any peace officer of the City has the lawful authority to kill any animal, when such animal is caught in the act of maiming or killing any domestic animal or fowl or when such animal is attacking or attempting to bite a person without provocation.

7.04.17 DEAD ANIMALS. The owner of any dead animal within the City shall properly bury or otherwise properly dispose of the same within twenty-four (24) hours.

7.04.18 UNSANITARY OR OFFENSIVE CONDITIONS PROHIBITED. Any person who uses, keeps or harbors or owns any animals or domestic animals shall keep the same confined in an enclosed building, fenced enclosure or yard. Dogs or cats shall be allowed to be kept on a restraint consisting of a chain, rope or leash strong enough to adequately restrain such dog or cat. Any pen, yard, pasture or place in which animals are kept or confined must be kept sanitary by not allowing any filth, manure, excrement or other offensive matter to accumulate in such quantities as to create an offensive or unsanitary condition to exist.

CHAPTER 7.08 - DANGEROUS AND VICIOUS ANIMALS

7.08.01 DEFINITIONS. For use in this title and chapter, the following terms are defined:

1. “At large” refers to an animal’s presence outside of a structure or fixed enclosure.
2. “Dangerous animal” means (a) any animal which is capable of killing, inflicting serious injury upon or causing illness or disease among human beings or domestic animals and having known tendencies (either in its natural state, in the wild or as a tame, feral or domesticated animal) as a species to do so; (b) those animals deemed to be dangerous animals per se, which include but are not limited to, the following:
   1. Lions, tigers, jaguars, leopards, cougars, lynx, ocelots and bobcats;
   2. Wolves, coyotes and foxes;
   3. Badgers, wolverines, easels, skunk and mink;
   4. Raccoons;
   5. Bears;
   6. Monkeys, chimpanzees, marmosets and baboons;
   7. Bats;
   8. Alligators and crocodiles;
   9. Venomous snakes and constricting snakes, which exceed 2 feet in length;
   10. Gila monsters;
   11. Black widow spiders, brown recluse spiders and scorpions;
   12. Red and black fire ants and other stinging ants native to Central or South America;
   13. Africanized strains of the honey bee;
   14. Non-domestic fowl (i.e. hawks);
   15. Pit Bull Dogs
   16. Other wild animals of a similar nature;
3. “Euthanize” means to kill in a humane manner.
4. “Owner” means any person owning, keeping, sheltering or harboring an animal including temporary caregivers in the absence of the owners.
5. “Serious injury” means any illness, disease or bodily injury which creates a substantial risk of death or which causes serious permanent disfigurement or protracted loss or impairment of the function of any bodily member or organ.
6. “Unprovoked” as used in this chapter refers to an attack or bite, not the result of behavior (on the victim’s part) intended to irritate the animal.
7. “Vicious animal” means any animal, except for a dangerous animal per se, as listed above, that has (a) bitten, clawed, or attacked any person and the attack was unprovoked, or (b) bitten, clawed, or attacked another animal and caused serious injury. With respect to (a) above, if the person attacked or bitten was engaged in an unlawful act prior to the bite or attack, such incident shall not serve as a basis for declaring the offending animal a vicious animal.

7.08.02 KEEPING OF DANGEROUS ANIMALS PROHIBITED. No person shall keep, shelter or harbor for any reason in the City any dangerous animal except in the following circumstances:

1. 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.
2. The keeping of dangerous animals for exhibition to the public by a bona fide traveling circus, carnival, exhibit or show.
3. The keeping of dangerous animals in a bona fide, licensed veterinary hospital for treatment.
4. The keeping of dangerous animals by a wildlife rescue organization with appropriate permit from the State Department of Natural Resources.
5. Any dangerous animals under the jurisdiction of and in the possession of the Iowa Department of Natural Resources, pursuant to Chapters 481A and 481B of the Code of Iowa.
6. Dangerous animals maintained by the Federal, State or County government or any designee pursuant to the enforcement of this chapter.

7.08.03 SEIZURE, IMPOUNDMENT AND DISPOSITION OF DANGEROUS ANIMALS.

1. A peace officer, on his or her own information or upon receipt of a complaint alleging that a person owns, is keeping, sheltering or harboring a dangerous animal in the City limits, may investigate to determine if a person owns, is keeping, sheltering or harboring a dangerous animal, and if after investigation, the facts indicate that the person in fact owns, is keeping, sheltering or harboring a dangerous animal, the peace officer shall order the owner to secure the animal in a structure or fixed enclosure at all times and do one of the following:
   1. Within seven (7) calendar days of receipt of the order, permanently place the animal with a person, organization or governmental entity allowed under this chapter to own, keep, shelter or harbor dangerous animals; or
   2. Within seven (7) calendar days of receipt of the order, euthanize the animal.
      ***The above-mentioned order shall be contained in a notice to remove the dangerous animal, which notice shall be given in writing to the owner of the dangerous animal and shall be personally served upon the owner.
2. Such notice to remove the dangerous animal shall not be required where such dangerous animal has previously caused serious injury or death to any person, in which case the peace officer shall cause the animal to be immediately euthanized. In the event that a dangerous animal is found at large and unattended upon public property, park property, public right-of-way or the property of someone other than its owner, thereby creating a hazard to persons or property, the peace officer may (a) seize the animal and release it to a person or entity authorized to own, keep, shelter or harbor a dangerous animal, or (b) euthanize the animal. The choice of which of these options to pursue is left to the discretion of the peace officer. The peace officer shall be under no duty to attempt the seizure of a dangerous animal found at large prior to euthanizing such animal, nor does the peace officer have a duty to notify the owner of such animal prior to pursuing any of the above options.
3. When, pursuant to the pertinent provisions of subsection 2 of 7.08.03, an animal is seized or euthanized without a prior notice to remove to the owner, the peace officer or other designated person shall, within seven (7) days thereafter, deliver to the animal’s owner, if known, either in person or by certified mail, return receipt requested, a written notice of the action taken and the reason(s) therefore.
4. If the order to remove issued by the peace officer is not complied with within the allotted period of time, the officer or designee is authorized to seize the animal and (a) release the animal to a person authorized to own, keep, shelter or harbor a dangerous animal, or (b) euthanize the animal. The choice of which option to pursue is left to the discretion of the peace officer or designee.
5. Costs incurred by the City for the removal, care, maintenance, transportation and euthanizing of a dangerous animal owned, kept, sheltered or harbored in violation of this chapter, shall be reimbursed to the City by the owner.

7.08.04 KEEPING OF VICIOUS ANIMALS PROHIBITED. No person shall own, keep, shelter or harbor for any reason within the City a vicious animal, as defined in this chapter.

1. The Police Chief or other designated person, on his or her own information or upon receipt of a complaint alleging that a person owns, is keeping, sheltering or harboring a vicious animal as defined in this chapter may, in said person’s discretion, initiate proceedings to declare such animal a vicious animal. A hearing on the matter shall be conducted by the Council. The owner of the animal in question shall be given not less that seventy-two (72) hours’ written notice (including Saturday, Sunday and holiday) of the time and place of said hearing. Said notice shall order the owner to secure the animal in a structure or fixed enclosure at all times. The notice shall set forth a description of the animal in question and the basis for the allegation of viciousness and shall also notify the owner that should the animal be determined to be vicious, the owner will be required to euthanize it or allow the City to do so. The notice shall be personally served upon the owner of the animal.
2. If, after hearing, the Council determines that an animal is vicious, the Council shall order the owner to cause it to be euthanized or to allow the City to do so. The order shall be served upon the owner against whom issued in the same manner as the notice of hearing. The Council may propose rules and regulations governing the above mentioned proceedings. The Council's decision may be appealed to the appropriate court of law.
3. If the order is not complied with within three (3) calendar days of its service upon the owner, and is not appealed, the Police Chief is authorized to seize and euthanize the animal.
4. If, after hearing, it has been determined that the animal properly falls within the category of vicious animal as defined in this chapter, and if in the Council’s discretion it appears that the animal does not pose a significant threat to the safety of the public, the Council may order a probationary period for the animal. The duration and conditions of the probationary period are left to the discretion of the Council and shall be shaped with a view to the safety of the public. The reasons for the ordering of a probationary period and the terms and conditions thereof shall be committed to writing and delivered to the animal’s owner by the Police Chief or other designated person. If the probationary period is successfully completed, the animal shall be free from further constraint, if not successfully completed, the animal shall be euthanized. The Council shall determine whether or not the probationary period has been successfully completed at a hearing called for that purpose. The owner shall be given not less that seventy-two hours’ written notice (including Saturdays, Sundays and holidays) of the time and place of such hearing. The notice shall be served in the manner provided for service of the notice prescribed in subsection 1 of this section. The Council’s decision shall be committed to writing, and shall state the reasons for their conclusion. The decision shall be delivered to the animal’s owner in the manner provided for in subsection 1 of this section. If it is determined that the probationary period has not been successfully completed, the written decision shall contain an order directing the owner to euthanize the animal within three days of the receipt of the decision. If the order is not complied with, and not appealed, any peace officer or other designated person shall seize the animal and euthanize it.
5. The notice required by subsection 1 of this section shall not be required where such vicious animal has previously caused serious injury or death to any person, in which case the peace officer of designee shall cause the animal to be immediately euthanized. In the event a vicious animal is found at large and unattended upon public property, park property, public right-of-way or the property of someone other than its owner, thereby creating a hazard to persons or property, the peace officer may, in his or her discretion, seize and impound such animal or euthanize it if such seizure and impoundment is not possible or would expose any person to the risk of serious injury. The City shall be under no duty to attempt the seizure of a vicious animal found at large prior to euthanizing such animal, nor shall it have the duty to notify the owner of such animal prior to euthanizing it or seizing and impounding it.
6. When, pursuant to the pertinent provisions of subsection 5 of this section, an animal is euthanized without a prior notice to the owner, the peace officer or designee shall, within seven (7) days thereafter, deliver to the animal’s owner either in person or by certified mail, return receipt requested, a written notice of the action taken and the reason(s) therefore. When pursuant to such subsection an animal is impounded without prior notice to the owner, the Council shall, thereafter, initiate proceedings to have the animal declared a vicious animal, in the manner provided for in subsection 1 of this section. Thereafter, the procedures contained in subsections 1,2 and 3, where applicable, shall apply.
7. Any animal which is alleged to be vicious and which is under impoundment or quarantine at the animal shelter shall not be released to the owner, but shall continue to be held at the expense of the owner pending the outcome of the hearing and/or end of the quarantine. Costs incurred by the City for the capture, care, maintenance, transportation and euthanizing of a vicious animal shall be reimbursed to the City by the owner.

Section 3. Repealer. All Ordinances or parts of Ordinances in conflict with the provisions of this Ordinance are hereby repealed.

Section 4. Severability. If any section, provision, or part of this Ordinance shall be judged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole, or any section, provision, or part thereof not adjudged invalid or unconstitutional.

Section 5. Effective Date. This Ordinance shall be in effect after its final passage, approval and publication as provided by law.

Passed and approved by the Hawarden City Council this 23rd day of September 2001.

_____________________________
Ricard R. Porter, Mayor

ATTEST:

_______________________________
Craig M. Coffey, City Administrator

I hereby certify that the foregoing Ordinance No. 606 was published in the Hawarden Independent, a newspaper printed and published and has circulation in the City of Hawarden, Iowa on the 26th day of September 2002.

______________________________
Craig M. Coffey, City Administrator

Legend: In this Ordinance, ALL text is new text as was left in BLACK for legibility.