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Chapter 59 – Animals

TITLE  IV   MENTAL AND PHYSICAL HEALTH

CHAPTER 59

ANIMALS

 

4-59-1              Definitions
4-59-2              Dogs and Cats to be Restrained
4-59-3              Apprehension and Impounding
4-59-4              Disposition of Impounded Dogs & Cats
4-59-5              Redemption of Impounded Dogs & Cats
4-59-6              Licensing of Dogs and Cats
4-59-7              Operation of Ordinance from General Fund
4-59-8              Pound or Shelter and Collector
4-59-9              Notice to Owner of Licensed Animal
4-59-10            Dogs Disturbing the Peace
4-59-11            Disposition of Dead Dogs and Cats
4-59-12            Animal Neglect
4-59-13            Abandonment of Cats and Dogs
4-59-14            Number Restricted
4-59-15            Removal of Animal Waste
4-59-16            Offenses
4-59-17            Violations of Ordinance
4-59-18            Requirements When Animal Has Bitten Person
4-59-19            Report of Person Whose Animal Has Been Bitten
4-59-20            Quarantine for a Minimum Period of 14 Days
4-59-21            Abandonment of Cats and Dogs
4-59-22            Number Restricted
4-59-23            Removal of Animal Waste
4-59-24            Offenses
4-59-25            Violation of Ordinance
4-59-26            Requirement When Animal has Bitten a Person
4-59-27            Report of Person Whose Animal Has Been Bitten
4-59-28            Quarantine For A Minimum Period of 14 Days        

4-59-1              DEFINITIONS. For the purpose of this chapter, the following definitions shall apply:

1.)   “Dog” shall mean any dog, whether male, female, or altered.

2.)   “Cat” shall mean any cat, whether male, female, or altered.

3.)   “Household Pets and Hobby Animals” shall mean mammals, birds, fish, amphibians, arachnids, insects and reptiles as specifically defined in Section 4-42-1.

4.)   “Birds” shall mean parakeets, pigeons, birds of prey, pheasants, quail and other similar birds that are kept as pets or for hobby purposes. Chickens, geese and ducks are considered “farm animals” and may not be kept as household pets.

5.)   “Fish and Amphibians” shall include frogs, toads, and aquatic animals that are kept as pets or for hobby purposes.

6.)   “Mammals” shall mean rabbits, ferrets, mongoose and mink that are kept as pets or for hobby purposes.

7.)   “Reptiles” shall mean non-constrictor and non-venomous snakes, lizards, geckos, salamanders, chameleons, iguanas, alligators or crocodiles less than thirty inches (30″) in length , and similar reptiles that are kept as pets or for hobby purposes and that are not prohibited under the provisions of Chapter  43.

8.)   “Owner” shall mean any person, association or corporation which owns, harbors, shelters, or keeps a dog or cat.

9.)   “Running at Large” shall mean off the premises of the owner, or upon premises of someone other than the owner or upon the public streets, sidewalks, alleys, public grounds, school grounds or parks within the city. Any animal shall not be deemed to be at large if:

a.)   The animal is on the premises of the owner or premises of a person given charge of the animal by the owner and is either:

i.)   Accompanied by and obedient to the commands of the owner or the person given such charge, or

ii.)   Restrained on those premises by an adequate protective fence or by leash, cord, chain or other similar restrain of sufficient strength to restrain the animal and does not allow the animal to go beyond the real property line of the owner or person in charge.

10.)   “Lease” or “leashed” means on a cord or chain or other similar restraint not more than six feet in length and of sufficient strength to restrain the animal and at all times in control of a person competent to restrain or control said animal.

SECTION 4-59-2                  DOGS AND CATS TO BE RESTRAINED. It shall be unlawful for any dog or cat to run at large within the corporate limits of the City of Belle Plaine, Iowa.

SECTION 4-59-3                  APPREHENSION AND IMPOUNDING. It shall be the duty of police officers of this City and lawful for any other person to apprehend any dog or cat found running at large within the corporate limits of this City. All dogs and cats so apprehended shall be delivered promptly to the City shelter or pound and where such dog or cat bears identification as to its owner, the owner shall be notified by the Police Department within twenty-four (24) hours. This ordinance shall not be construed to restrict the right of any person to kill any dog or cat when such dog or cat is caught in the act of worrying, chasing, maming or killing any domestic animal or fowl or when such dog or cat is attacking or attempting to bite a person. Any dog or cat that has been reported to the Police Department as having bitten a person shall be confined at the City’s place of impoundment or pet shelter. The impounded animal shall be released when all fees and charges as required by this ordinance have been paid and when the owner has acquired a current license tag.

SECTION 4-59-4                  DISPOSITION OF IMPOUNDED DOGS OR CATS. Any impounded dog or cat not bearing the license tags required by this ordinance shall be destroyed if not claimed within seven (7) days after impounding. The owner shall be notified by the Police Department within twenty-four (24) hours of the impoundment for dogs or cats which bear the license tags required by this ordinance. If the owner does not redeem the dog or cat within seven (7) days of the date of the notice, the dog or cat may be humanely destroyed and disposed of in accordance with Iowa law. The owner, if licensed or unlicensed, shall be responsible for all impoundment fees, disposal fees, penalties and charges.

SECTION 4-59-5                  REDEMPTION OF IMPOUNDED DOGS AND CATS. Any owner may redeem a dog or cat by immediately having it vaccinated and by purchasing current license tags and by paying the fine and costs imposed by this ordinance unless such dog or cat was impounded as the result of having bitten a person, in which event it may only be released after payment of all fees and charges imposed by ordinance and by obtaining the necessary vaccination and license tags and such dog or cat shall only be released on the condition that it thereafter be confined by the owner as defined by the Belle Plaine Municipal Code. No dog or cat shall be redeemed which has not been licensed as herein provided.

SECTION 4-59-6                  LICENSING OF DOGS AND CATS. The owners of all cats and all dogs within the corporate limits of this City except dogs and cats under the age of six (6) months and guide dogs for blind persons are hereby required to obtain a dog or cat license annually and the cost of said license shall be set by Resolution of the City Council.

A very owner of a dog or cat under the age of six (6) months on January 1 of any year shall apply for an annual license for each such dog or cat on or before the first day of the first month after each such dog or cat reaches the age of six (6) months, at which time the license fee will be prorated on a monthly basis. New residents and new owner of a dog or cat will be eligible for a monthly prorated license fee if they provide proof of purchase or transfer of ownership.

The license fee herein provided shall be paid on or before January 31st of every year. A penalty for failure to license an animal by January 31st shall result in a per month penalty that shall be set by Resolution of the City Council.

The City Clerk of the City shall each year provide numbered metal tags which shall be issued to the owner upon payment of the license fee herein provided; said Clerk shall maintain a record of all tags issued the owner of the dog or cat, the owner’s address and the license tag number. The license tag issued by the City Clerk shall be securely fastened to the collar or harness of the dog or cat for which issued and the collar or harness securely fastened to the dog or cat when outside of it normal place of confinement. All dogs and cats kept outside on a chain must have a collar or harness with license tag displayed at all times.

SECTION 4-59-7                  EXCEPTION TO LICENSE REQUIREMENTS. The requirements for licensing dogs and cats shall not apply to such animals if one or more of the following situations apply:

1.)   In transit through the City only.

2.)   First thirty (30) days of residency by owner.

3.)   Housed in veterinary hospital

4.)   Housed temporarily in an animal grooming shop.

5.)   Housed in an establishment licensed kennel.

6.)   Housed in an accredited institution for research purposes only.

7.)   Animal sitting for a period of fourteen (14) days or more with prior notification to  City Hall.

SECTION 4-59-8                  APPLICATIONS FOR LICENSE. The owner of a dog or cat, for which a license is required, shall on the first day of November of the preceeding year and prior to the first day of February of each year apply to the City Clerk for a license for each dog or cat owned by him or her. Applications made on or after February 1 of that year shall be delinquent.  An application for an annual license for a dog or cat which is under the age of six (6) months on January 1 of any year shall be delinquent if made on or after the first day of the sixth month after such dog or cat reaches the age of six (6) months. Applications for licenses shall be in writing on forms provided by the City Clerk, and shall state the breed, sex, age, color, markings, and name, if any, of the dog or cat, the address at which the owner regularly keeps, shelters or harbors the dog or cat, and the name and address of the owner, and be signed by the owner. Such application shall also state the date of the most recent rabies vaccination, the type of vaccine administered and the date the dog or cat shall be revaccinate.

Such application shall be accompanied by a certificate of vaccination issued by a licensed veterinarian showing that the dog or cat described in the application has been vaccinated against rabies.

SECTION 4-59-9                  DELINQUENT FEE LIST. The City Clerk may, in the Clerk’s discretion or at the request of the City Council, prepare and submit to the Council a delinquent fee list which shall show the following:

1.)   The name and residence address of each person within the City who is the owner of a dog or cat which is not licensed in accordance with the provisions of this Chapter for the current year and the amount of fees, including delinquency fees, due from such owner.

2.)   The name and residence address of each person within the City who licensed a dog or cat in accordance with the provisions of this Chapter in the previous year which is not licensed in accordance with the provisions of this Chapter for the current year and the amount of fees, including delinquency fees, due from such owner.

The foregoing list shall not include the owner of any dog or cat who, upon the death, transfer of ownership or disappearance for more than sixty (60) days of said animal, within the (10) days of such event, notifies the City Clerk of such event and surrenders the license and license tag, if available, issued to the owner.

SECTION 4-59-10                PUBLIC HEARING-DELINQUENT FEE LIST. Upon submission of the delinquent fee list to the Council, the Council may by resolution fix a date, time and place for a public hearing thereon. The Clerk shall mail a written notice of such public hearing to the owner of each dog or cat which appears on such list by ordinary mail at least ten (10) days prior to the date fixed for such public hearing. The notice shall state the date, time and place of such public hearing and shall advise the owner of each dog or cat which appears on the list that he or she may appear at such hearing and show cause why the delinquent fees shown thereon for each such dog or cat should not be paid. After such public hearing, the Council shall enforce such fees by any legal means permitted under this Code or release obligation for payment of fees if sufficient cause is shown for nonpayment.

SECTION 4-59-11                DISPLAY OF LICENSE TAG. Upon issuance of the license tag, the owner of the dog or cat shall cause the license tag to be securely fastened to a collar or harness which shall be worn by the dog or cat for which the license tag is issued when outside of its normal place of confinement or outside on a chain.

SECTION 4-59-12                DUPLICATE LICENSE TAG. Upon proof by the owner of a dog or cat that a license tag issued to such dog or cat in accordance with the provision of this Chapter has been lost or destroyed, the City Clerk shall issue a duplicate tag to the owner of such dog or cat. Such duplicate license tag shall be securely fastened to the collar or harness of such dog or cat in accordance of the provisions of this Chapter. A duplicate license tag fee of one (1) dollar shall be charged for all duplicate tags.  

 

SECTION 4-59-13                NON-TRANSFER OF LICENSE OR LICENSE TAG. No license or license tag issued in accordance with the provisions of this Chapter shall be transferred to any other person or dog or cat.

SECTION 4-59-14                EXPIRATION OF LICENSE AND LICENSE TAG. All licenses and license tags issued in accordance with the provisions of this Chapter shall expire on January 1 of the year following the year for which they were issued.

SECTION 4-59-15                OPERATION OF ORDINANCE FROM THE GENERAL FUND. All tags, record books and other expenses provided by this ordinance shall be furnished by the City Clerk and paid for from the general fund and all license fees and redemption fees received shall be paid into the general fund of this City.

SECTION 4-59-16                POUND OR SHELTER AND COLLECTOR. The City Council may designate any suitable place as a shelter or pound and pay the necessary expenses of operation and maintenance and the City may require the owner of the dog or cat to pay all expenses of capture and impoundment. The City Council may also employ a collector for the purpose of apprehending dogs or cat running at large and establish the compensation for such service.

SECTION 4-59-17                NOTICE TO OWNER OF LICENSED ANIMAL. The owner of any animal licensed in accordance with the provisions of this Chapter which has been seized and impounded shall be notified of such seizure and impounding within twenty-four (24) hours thereof by such person in such manner as the City Council may direct by resolution.

SECTION 4-59-18                DOGS DISTURBING THE PEACE. It shall be unlawful for the owner of any dog, whether kenneled or not, to permit such dog to disturb the peace of any person by frequent, regular or habitual barking, howling or yelping. If the owner of the dog is not available for contact the Belle Plaine Police Department may post notice on the residence and may impound the dog, if there has been more than two complaints, verified by the Police Department, within the last thirty (30) days in regards to said animal. An owner that has been cited for a dog disturbing the peace more than two (2) time in any given thirty (30) day period may be subject to having their animal impounded by the Belle Plaine Police Department.

SECTION 4-59-19                DISPOSITION OF DEAD DOGS AND CATS. It shall be the duty of the owner of any dog or cat that has died or has been killed to dispose of the dog or cat in an effective and sanitary method or dispose of the dog or cat by delivery thereof to any duly licensed person engaged in the business of disposing of the bodies of dead animals. Disposal as herein provided shall be performed within twenty-four (24) hours after the death of said dog or cat.

SECTION 4-59-20                ANIMAL NEGLECT. It is unlawful for a person who impounds or confines, in any place, an animal, to fail to supply the animal during confinement with a sufficient quantity of food or water, fails 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.

SECTION 4-59-21                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.

SECTION 4-59-22                NUMBER RESTRICTED. Limitations are placed on the number of dogs and cats that can be kept on the same premises, homestead, or residence in order to provide safety, to prevent disturbances, and to avoid sanitary and health problems within residential areas. Any person keeping more than three (3) dogs, three (3) cats for a total of five (5) dogs and cats combined as of May 1, 2006, licensed as required by this ordinance, may continue to keep such animals, once such animals is removed from the premises for reasons of sale, trade, gifting or at the death of the animal, it cannot be replaced if such replacement would make the total number of animals greater than three (3) dogs, three (3) cats for a total of five (5) dogs and cats combined. Any person, firm, or corporation served notice regarding the number of animals owned, kept or harbored will have forty-eight (48) hours from service of such notice to comply with this section or the City shall have the authority to remove the animals as provided by this Chapter.

1.)   The young produced by any pets permitted herein may be maintained at or in a residential dwelling with the parent animal for a period of approximately eight weeks but in no case longer than ten weeks.

2.)   Permitted Household Pets and Hobby Animals: “Household pets and hobby animals as defined by Section 4-42-1 of this Chapter may be kept within the City only in compliance with the following provisions:

a.)   There shall be no numerical limitation on the number of animals described in #2 of this Section that are kept and maintained, exclusively within the residential dwelling structure of the owner.

b.)   The following animals may be kept on the residential premises outside the residence of the owner, but shall be subject to the following limitations, which shall be the maximum number permitted at any single location at any one time.

i.)   Mammals, no more than ten (10) in number.

ii.)  Birds, no more than (30) in number.

SECTION 4-59-23                REMOVAL OF ANIMAL WASTE.

1.)   It shall be unlawful for any person to allow animal waste to remain upon the property of another, upon property owned by the City of Belle Plaine, Benton County, the State of Iowa, or any other governmental entity

2.)   It shall be unlawful for any person to appear with an animal upon the public right-of-way, within public places or upon the property of another without that person’s consent, without some means for removal of excrement that may be deposited by the animal.

3.)   Any enclosure, pen, coup, or hutch in which pets are maintained shall be cleaned at least every other day or oftener if deemed advisable or necessary by a health officer or the Chief of Police. Said enclosures shall be located at a minimum of fifty (50) feet from the neighboring residential dwelling. No animal may be enclosed or fenced in the front yard, side yard of a corner lot of a residential dwelling or in the public right-of-way. Any kennel that is in existence prior to the passage of this ordinance shall be grandfathered in, except those located in the front yard, side yard of a corner lot of a residential dwelling or in the public right-of-way.

 

SECTION 4-59-24                OFFENSES. No owner of any dog, cat or other animals, or person having control or responsibility thereof, shall:

1.)   Allow or permit such animal to run at large.

2.)   Allow or permit such animal to defecate on private property without the express consent of the owner of such property. Fail to pick up and dispose of any feces deposited by such animal on private property without the express consent of the owner thereof.
3.)    Allow or permit such animal to defecate on public property, including, but not limited to, public property located between curb lines of public streets, parking, adjacent property lines and public property located within parks.  Fail to pick up and dispose of any feces deposited by such animal on public property.

4.)   Allow or permit animal to pass upon public or private property thereby causing damages to or interference with such property.

5.)    Allow or permit a dog to cause annoyance or disturbance to any person by frequent and habitual barking, howling or yelping.

6.)   Allow or permit a dog to run after, chase, or attack any person or vehicle or place any person in reasonable fear of attack or injury.

7.)   Keep, shelter or harbor any unlicensed dog or cat.

8.)   Keep, shelter or harbor any dog or cat without a license tag attached to its collar or harness when outside of its normal confinement or on a chain as required by this Chapter.

9.)   Keep, shelter or harbor any dog or cat with an expired license tag attached to its collar or harness.

10.)  Keep, shelter or harbor any unvaccinated dog or cat.

11.)  Keep, shelter or harbor any dog or cat with an expired vaccination tag attached to its collar or harness.

12.)  Allow or permit animal to destroy or damage property other than the property of the owner of such animal.

13.)  Abandon any animal within the corporate limits of the City.

SECTION 4-59-25                VIOLATIONS OF ORDINANCE. Commission of any act named or defined in this Chapter by a person shall be a misdemeanor, punishable by a scheduled fine as follows:

1.)   Allow or permit such animal to run at large – $30.00

2.)   Allow or permit such animal to defecate on private property without the express consent of the owner of such property. Fail to pick up and dispose of any feces deposited by such animal on private property without the express consent of the owner thereof. – $30.00

3.)   Allow or permit such animal on public property, including, but not limited to, public property located between curb lines of public streets, parking, adjacent property lines and public property located within parks. Fails to pick up and deposit of any feces deposited by such animal on public property. – $30.00

4.)   Allow or permit such animal to pass upon public or private property thereby causing damages to or interference with such property. – $200.00

5.)   Allow or permit a dog to cause annoyance or disturbance to any person by frequent and habitual barking, howling or yelping. – $30.00

6.)   Allow or permit a dog to run after, chase, or attack any person or vehicle or place any person in reasonable fear of attack or injury.  – $200.00

7.)   Keep, shelter or harbor any unlicensed dog or cat. - $200.00

8.)   Keep, shelter or harbor any dog or cat without a license tag attached to its collar or harness when outside of its normal confinement or on a chain as required by this Chapter.

$30.00

9.)   Keep, shelter or harbor any dog or cat with an expired license tag attached to its collar or harness. – $30.00 

10.)  Keep, shelter or harbor any unvaccinated dog or cat. – $200.00

11.)  Keep, shelter or harbor any dog or cat with an expired vaccination tag attached to its collar or harness.  $200.00

12.)  Allow or permit such animal to destroy or damage property other than the property of the owner of such animal. – $200.00

13.)  Abandon any animal within the corporate limits of the City. $200.00

SECTION 4-59-26                REQUIREMENT WHEN ANIMAL HAS BITTEN A PERSON. The owner of an animal shall report at once to the Police Department the fact that his or her animal has bitten or attacked a person or domestic animal, and all persons having knowledge of such fact shall report the same to the Police Department. Any person claiming to have been bitten by an animal must go in person to the Police Department or to a physician to show proof of a bite if deemed necessary by the director of public health. Children claiming to have been bitten by an animal must be accompanied by a parent to legal guardian.

SECTION 4-59-27                REPORT OF PERSON WHOSE ANIMAL HAS BEEN BITTEN. Every person owning or having possession, custody, or control of an animal which is known to have been bitten by an animal infected with rabies shall immediately report this fact to the Police Department and shall have the exposed animal placed in isolation and quarantined as provided by this Code.

SECTION 4-59-28                QUARANTINE FOR A MINIMUM PERIOD OF 14 DAYS. It shall be the duty of the Chief of Police to order the owner of any animal which has bitten a person or another animal, or any animal suspected of being infected with rabies to confine such animal for a period of fourteen (14) days at the animal shelter, a veterinary clinic, or a registered kennel.

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