CHAPTER 55

ANIMAL PROTECTION AND CONTROL

55.01	Definitions	55.11	Females in Heat
55.02	Livestock	55.12	Vicious Dogs and Cats
55.03	Livestock Neglect	55.13	Owner’s Duty
55.04	Domestic Animals	55.14	Confinement
55.05	Animal Neglect	55.15	At Large: Impoundment
55.06	Abandonment of Cats and Dogs	55.16	Destruction in Lieu of Impoundment
55.07	Immunization	55.17	Dead Animals
55.08	At Large Prohibited	55.18	Unsanitary or Offensive Conditions Prohibited
55.09	Damage or Interference	55.19	Pet Awards Prohibited
55.10	Annoyance or Disturbance

55.01 DEFINITIONS. The following terms are defined for use in this chapter.

“Advertise” means to present a commercial message in any medium including but not limited to print, radio, television, sign, display, label, tag or articulation.
“Animal” means a nonhuman vertebrate. (Code of Iowa, Sec. 717B.1)
“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.
“Business” means any enterprise relating to any of the following:
1. The sale or offer for sale of goods or services.
2. A recruitment for employment or membership in an organization.
3. A solicitation to make an investment.
4. An amusement or entertainment activity.
“Cats” includes both male and female felines whether altered or not.
“Dogs” includes both male and female canines whether altered or not.
“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 includes dogs, cats, non-dangerous aquarium fish, domesticated birds, hamsters or gerbils.
“Fair” means any of the following:
1. The annual fair and exposition held by the Iowa State Fair Board pursuant to Chapter 173 of the Code of Iowa or any fair event conducted by a fair under the provisions of Chapter 174 of the Code of Iowa.
2. An exhibition of agricultural or manufactured products.
3. An event for operation of amusement rides or devices or concession booths.
“Game” means a “game of chance” or “game of skill” as defined in Section 99B.1 of the Code of Iowa.
“Livestock” means an animal belonging to the bovine, caprine, equine, ovine or porcine species, ostriches, rheas and emus; farm deer as defined in Section 170.1 of the Code of Iowa; or poultry (i.e. chickens, turkeys, ducks, geese, pigeons, game hens, pheasants, etc.). (Code of Iowa, Sec. 717.1)
“Owner” means any person owning, keeping, sheltering, maintaining, or harboring an animal.
“Pet” means a living dog, cat or an animal normally maintained in a small tank or cage in or near a residence, including but not limited to a rabbit, gerbil, hamster, mouse, parrot, canary, mynah, finch, tropical fish, goldfish, snake, turtle, gecko or iguana.

55.02 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 nonconforming use provisions of the Hawarden Zoning Code.

55.03 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)

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

55.05 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)

55.06 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)

55.07 IMMUNIZATION. Every owner of a dog or cat shall obtain a rabies vaccination for such animal. It is unlawful for any person to own or have a dog over six months of age or a cat over four months of age in said person’s possession which has not been vaccinated against rabies. Dogs kept in kennels and not allowed to run at large are not subject to these vaccination requirements. (Code of Iowa, Sec. 351.33)

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

55.09 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.

55.10 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.

55.11 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.

55.12 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.

55.13 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.

55.14 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, the board or officer shall order the owner to confine such animal in the manner directed by the board or such officer. 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.

55.15 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.

55.16 DESTRUCTION IN LIEU OF IMPOUNDMENT. Notwithstanding 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.

55.17 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.

55.18 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.

55.19 PET AWARDS PROHIBITED. (Code of Iowa, Ch. 717.E)

Prohibition. It is unlawful for any person to award a pet or advertise that a pet may be awarded as any of the following:
1. A prize for participating in a game.
2. A prize for participating in a fair event.
3. An inducement or condition for visiting a place of business or attending an event sponsored by a business.
4. An inducement or condition for executing a contract which includes provisions unrelated to the ownership, care or disposition of the pet.
Exceptions. This section does not apply to any of the following:
1. A pet shop licensed pursuant to Section 162.5 of the Code of Iowa if the award of a pet is provided in connection with the sale of a pet on the premises of the pet shop.
2. Youth programs associated with 4-H Clubs; Future Farmers of America; the Izaak Walton League of America; or organizations associated with outdoor recreation, hunting or fishing, including but not limited to the Iowa Sportsmen’s Federation.