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

1. “Advertise” means to present a commercial message in any medium including but not limited to print, radio, television, sign, display, label, tag or articulation.
2. “Animal” means a nonhuman vertebrate.          (Code of Iowa, Sec. 717B.1)  
3. “Animal shelter” means any premises designated by the Council for the proper care of impounded animals. 
4. “At large” means off the premises of the animal’s owner, unless:
1. The animal is on a leash, cord, chain or similar restraint not more than six (6) feet in length and under the control of a competent person, or
2. The animal is within a motor vehicle, or
3. The animal is housed within a veterinary hospital, licensed kennel, pet shop or police vehicle. 
5. “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.
6. “Cat” means any member of any breed of the domesticated feline species, male or female, neutered or unneutered.
7. “City Veterinarian” means a person licensed to practice veterinarian medicine, surgery and dentistry in the State, designated by the City from time to time as the City Veterinarian/Animal Control Officer. 
8. “Dog” means any member of the canine species, male or female, neutered or unneutered. 
9. “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.
10. “Fowl” means any bird that is domesticated and kept for any purpose. 
11. “Game” means a “game of chance” or “game of skill” as defined in Section 99B.1 of the Code of Iowa. 
12. “In heat” means a female animal during the active state of estrus. 
13. “Kennel” or “Kenneling” means any place where four or more dogs whose ages are six months or older are kept for any purpose. 
14. “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. (Code of Iowa, Sec. 717.1) 
15. “Owner”  means any person owning, keeping or harboring an animal.  (Code of Iowa, Sec. 351.2)  
16. “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.  
17. “Pet shop” means any business established for the purpose of breeding, buying, selling or boarding of animals.
18. “Veterinary hospital” means a public establishment regularly maintained and operated by a licensed veterinarian for the diagnosis and treatment of diseased and injured animals. 
19. “Vicious animal” means any animal which inflicts a bite or bites upon and/or attacks a human being or domesticated animal without cause or justification and may or may not be a dangerous animal; or any animal which has a known propensity, tendency or disposition to attack human beings or domestic animals without provocation, as evidenced by its habitual or repeated chasing, snapping or barking at human beings or domestic animals so as to potentially cause injury to or to otherwise endanger their safety; or any other animal that manifests a disposition to snap or bite.
20. “Walker” means any person having control over or attempting to have control over a dog when it is off the premises of its owner.

55.02    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)

55.03    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    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)

55.05    LIVESTOCK.  It is unlawful for a person to keep livestock within the City except by written consent of the Council or except in compliance with the City’s zoning regulations. 

55.06    ANIMALS RUNNING AT LARGE.  It is unlawful for any owner to allow dogs, cats, cattle, horses, swine, sheep or other similar animals or fowl to run at large within the corporate limits of the City.  Animals off the premises of the owner shall not be considered to be “at large” if they are on a leash, cord, chain or similar restraint not more than six feet in length and under the control of the owner, within a motor vehicle or housed within a veterinary hospital, licensed kennel, pet shop or police vehicle.

55.07    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.

55.08    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.

55.09    RABIES VACCINATION.  Every owner of a dog shall obtain a rabies vaccination for such animal.  It is unlawful for any person to own or have a dog in said person’s possession, six months of age or over, 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)

55.10    UNHEALTHFUL OR UNSANITARY CONDITIONS.

1. An owner shall keep all structures, pens, coops or yards wherein animals are confined clean, devoid of vermin and free of odors arising from feces.
2. No owner or walker of any animal shall permit the animal to discharge feces upon any public or private property, other than the property of the owner of the animal.  The owner or walker shall be deemed to permit the animal’s discharge of feces if the owner does not immediately thereafter take steps to remove and clean up the feces from the property.
3. All feces removed, as aforesaid, shall be placed in an airtight container until it is removed pursuant to refuse collection procedures, or otherwise disposed of in a sanitary manner.
4. An owner may, as an alternative to subsection 3 above, collect the feces and turn it under the surface of the owner’s soil in any manner that prevents odor or collection of vermin.

55.11    TETHERING OF ANIMALS.  No person shall stake or otherwise tie or fasten an animal in a way that permits the animal to pass onto, over or across any public sidewalk, street or alley or private property other than the owner’s.  Said animal shall be considered at large.

55.12    REMOVING ANIMALS FROM ANIMAL SHELTER.  It is unlawful for any unauthorized person to open any gate, door or any other portion of the animal shelter provided by the City Veterinarian with the intent of allowing the animals to escape.  The City Veterinarian and employees of the City Veterinarian shall be considered to be authorized persons under this chapter.

55.13    ANIMALS IN PARKS.  No animal shall be allowed in any area of a City park unless it is attached to a leash no more than six (6) feet in length and having sufficient strength to restrain the animal when the leash is held by a person capable of restraining and controlling the animal.

55.14    CONFINEMENT OF FEMALE ANIMALS IN HEAT.  The owner of any female animal in heat shall confine said animal inside the house or building on the owner’s premises during the heat period.  The owner may remove a dog in heat from his or her premises for purposes of breeding and/or exercise provided the animal is on a leash, cord, chain or similar restraint not more than six (6) feet in length and is under the control of the owner.

55.15    DANGEROUS DOMESTIC ANIMALS.  Dangerous domestic animals within the City limits shall be muzzled at all times.

55.16    VICIOUS ANIMALS.

1. No person shall own, keep or harbor a vicious animal within the City.
2. It is the duty of the animal control officer to impound any vicious animal.  In the event the animal cannot be caught by the animal control officer without exposing the officer to danger or personal injury, the animal may be destroyed. 
3. Seizure, Impoundment and Disposition of Vicious Animals. 
1. The animal control officer, in his or her discretion or upon receipt of a complaint alleging that a particular animal is a vicious animal as defined in this chapter, may declare such animal a vicious animal by delivering a written notice of declaration to the owner.  The notice shall include a description of the animal and the basis for the declaration of viciousness.  The notice shall also set forth that the owner shall be required to remove the animal from the City limits as required by this section.  The notice shall be served upon any adult residing at the premises where the animal is located or may be posted on those premises if no adult is present to accept service
2. The order to remove a vicious animal from the City issued by the animal control officer may be appealed to the Council by the person owning, keeping, sheltering, or harboring the animal in question or by his or her designee.  In order to appeal such order, written notice of appeal must be filed with the Clerk within three business days after receipt of the order.  Failure to file such written notice of appeal shall constitute a waiver of the right to appeal the order of the animal control officer.  The notice of appeal shall state the grounds for such appeal and shall be delivered personally or by certified mail to the Clerk.  The hearing of such appeal shall be scheduled within 20 days of the receipt of notice or appeal.  The hearing may be continued for good cause.  Failure to file a request for hearing shall constitute a waiver of any right to contest the declaration of the animal control officer, and the animal control officer shall be authorized to seize and impound the animal.  An animal so seized shall be impounded for a period of seven days.  If, at the end of the impoundment period, the owner has not taken possession of the animal with the intent to remove the animal from the City, the animal control officer shall cause the animal to be destroyed
3. The person owning, keeping, sheltering, or harboring the animal in question shall be given not less than 72 hours’ written notice of the time and place of the hearing.  The notice shall set forth the description of the animal in question and the basis for the allegation of viciousness.  The notice shall also set forth that, if the determination of the animal control officer is upheld, the owner shall be required to remove the animal from the City limits as required by this section.  The notice shall be served in the same manner as the declaration notice
4. After such hearing the Council may affirm, reverse or modify the order of the animal control officer.  Such determination shall be contained in a written decision and shall be filed with the Clerk within three days after the hearing or any continued session thereof
5. If the Council affirms the action of the animal control officer, the Council shall order in its written decision that the individual or entity owning, sheltering, harboring, or keeping such vicious animal shall remove the animal from the City.  The decision and order shall immediately be served upon the person against whom rendered in the same manner as the notice set out in paragraph A of this subsection.  If the original order of the animal control officer is not appealed and is not complied with within three days or the order of the Council after appeal is not complied with within three days of its issuance, the animal control officer is authorized to seize and impound such vicious animal.  An animal so seized shall be impounded for a period of seven days.  If, at the end of the impoundment period, the individual or entity against whom the decision and order of the animal control officer or the Council was issued has not petitioned the County District Court for a review of the order or has not complied with the order, the animal control officer shall cause the animal to be destroyed in a humane manner
6. Failure to comply with an order of the animal control officer issued pursuant to this section and not appealed or of the Council after appeal is a misdemeanor.
7. Any animal that is alleged to be vicious and that 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.  All costs of such impoundment or quarantine shall be paid by the owner if the animal is determined to be vicious.  If the animal is not determined to be vicious, all costs shall be paid by the City, except costs attributable to initial confinement prior to notice or costs of any required quarantine which shall nonetheless be paid by the owner.

55.17    ANIMAL SHELTER AND CITY VETERINARIAN.  Any public veterinarian office or pound may be designated by the City to be the animal shelter and any licensed veterinarian may be designated as the City Veterinarian (animal control officer).  The City Veterinarian shall have the same powers as a peace officer for the enforcement of provisions of this chapter and any other provisions of law relating to animals.

55.18    AT LARGE: IMPOUNDMENT.  Animals found at large in violation of this chapter shall be seized and impounded.

55.19    DISPOSITION OF ANIMALS.  When an animal has been apprehended and impounded, written notice shall be provided to the owner within two (2) days after impoundment, if the owner’s name and current address can reasonably be determined by accessing a tag or other device that is on or part of the animal.  Impounded animals may be recovered by the owner upon payment of impounding costs (which will include trapping expenses, if necessary), and if an unvaccinated dog, by having it immediately vaccinated.  If the owner fails to redeem the animal within seven (7) days from the date that the notice is mailed, or if the owner cannot be located within seven days, the animal shall be disposed of in accordance with law or destroyed by euthanasia.

55.20    DISPOSITION OF DISEASED AND INJURED ANIMALS.  The City Veterinarian may euthanize any diseased or injured animal found at large or impounded.  Impounded animals that contract a contagious disease or diseases together with other exposed impounded animals may be euthanized by the City Veterinarian.  Every reasonable effort will be made to locate and notify the owner of the animal before euthanasia and the owner’s request regarding the disposition of the animal will be honored unless the City Veterinarian determines it is inhumane to the animal.

55.21    DESTRUCTION OF ANIMALS AT LARGE.  It is lawful for an animal control officer to destroy, if necessary, any animal found at large which cannot be captured.

55.22    REPORT OF BITES.

1. Every physician or other practitioner shall report in writing to the Linn County Board of Health the name and address of any person treated for bites inflicted by an animal, with such other information as will assist in the prevention of rabies.
2. Every veterinarian shall report to the CountyBoard of Health any diagnosis of rabies in an animal made by or under the supervision of said veterinarian.  Every veterinarian shall report to the Board of Health the name and address of the owner of any animal treated for bites inflicted by another animal.
3. The owner of any animal or any person having knowledge of any biting or causing a skin abrasion upon any person in the City shall promptly report such fact to the local Board of Health or law enforcement official.

55.23    QUARANTINE OF ANIMALS.  An owner whose animal is suspected of having rabies or other disease communicable to humans, or which has bitten or caused a skin abrasion upon a human, shall place the animal in isolation under quarantine upon the direction of the City Veterinarian for ten days.  In the event that the animal has had current rabies shots, the City Veterinarian may authorize the owner to quarantine the animal at the owner’s home.  In the event the animal has not had current rabies shots, or in the event that it is unknown if the shots are current, or in the event evidence is not produced satisfactory to the City Veterinarian that the shots are current, or for any other reason that the City Veterinarian so determines, the animal shall be quarantined at the animal shelter or licensed veterinary hospital, and all costs of such confinement shall be paid by the owner.  This section does not apply if a police service dog or a horse used by a law enforcement agency and acting in the performance of its duties has bitten a person.

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

55.25    INFRACTIONS.  All infractions of this chapter shall be enforced under the City’s municipal infraction chapter, Chapter 3 of this Code of Ordinances.