Chapter 7.01
Definitions and Penalties
Sections:
7.01.010 Definitions.
7.01.020 Penalties.
Section 7.01.010 Definitions. For use in this title, the following terms are defined:
1. “Abandon” shall mean any of the following:
a. For the owner or keeper to leave any animal without demonstrated or apparent intent to recover or to resume custody.
b. To leave an animal for more than 12 hours without providing adequate food, water, and shelter for the duration of the absence.
c. To turn out or release an animal.
2. "Animal" means dogs and cats and every other animate being other than humans.
3. “Animal shelter” means a facility which is used, but is not limited to, housing or containing dogs or cats, or both and which is owned, operated, or maintained by an incorporated humane society, animal welfare society, society for the prevention of cruelty to animals, or other nonprofit organization devoted to the welfare, protection, and humane treatment of such animals.
4. "At heel" means under the voice control and within fifteen feet of the owner or person in custody of the animal.
5. "At large" means any licensed or unlicensed animal found off the premises of its owner and not under the control of a person physically capable of controlling the animal, restrained within a vehicle, housed in a veterinary hospital or kennel, or on a leash longer then sixteen feet in length.
6. "Cat" means both male and female animals of the cat family (Felis Catus), whether neutered or not.
7. "Dangerous animal" means and includes any animal which is not naturally tamed or gentle; or which is of a wild nature or disposition; or which is capable of killing or inflicting serious injury upon human beings and having known tendencies, individually or as a species, to do so; or which, because of its size or other characteristics, would constitute a danger to human life or property if it is not kept or maintained in a safe manner or in secure quarters, including, but not limited to, the following animals, which shall be deemed as dangerous per se:
Bears, wolves, wolf hybrid dogs, foxes, coyotes; lions, tigers, panthers, lynx, bobcats, elephants, bison, poisonous snakes and spiders, alligators, crocodiles, anacondas, pythons, boa constrictors, and piranhas.
8. "Dart" means the process whereby a drug of a sedative nature is delivered to and injected into an animal by means of a projectile shot from a rifle or gun, for the purpose of subduing or rendering an animal unconscious for capture.
9. "Declared vicious animal" means an animal who has been determined to be vicious pursuant to Subsection 7.03.095.
10. “Department” shall mean the Finance and Administrative Services Department.
11. "Dog" means both male and female animals of the canine species, whether neutered or not.
12. Domestic animal” means any animal of a species that normally is bred, raised, and is accustomed to live in or about human habitation. Domesticated animals include, but are not limited to, pets such as dogs or cats. The term shall not include animals owned by the police department, animals in a zoo, or livestock.
13. "Health department" and "health officer" means the Siouxland District Health Department, its director, and employees.
14. "High Risk Animal" means any animal that exhibits one or more of the following:
a. When unprovoked, chases or approaches a person or domestic animal in an apparent attitude of attack; or
b. Has a known propensity, tendency, or disposition to attack unprovoked or otherwise threatening the safety of domestic animals; or
c. Whose physical makeup along with the natural tendencies of the species would represent an increased threat to the public; or
d. Has been trained to fight other domestic animals; or
e. Has been trained as a guard dog for people or property.
f. This section shall not apply to law enforcement canines.
15. “Irresponsible animal owner” means any animal owner that has:
a. Been convicted or plead guilty three times or more for separate incidents that occurred in any twelve month period concerning:
(1) An animal at large;
(2) An animal disturbing the peace;
(3) An unlicensed animal;
(4) An excessive number of animals; or
(5) Unsanitary premises due to animals.
b. Been convicted or plead guilty two times or more for separate incidents concerning:
(1) Animal cruelty;
(2) Animal neglect,
(3) Keeping animals covered by section 7.06.010 without obtaining a permit; or
(4) An animal declared a vicious animal.
16. “Livestock” means an animal belonging to the bovine, caprine, equine, ovine, or porcine species, ostriches, rheas, emus, farm deer or poultry.
17. "Neutered", “Altered”, “Spayed” refers to a procedure that has been performed by a veterinarian on an animal that renders it incapable of bearing offspring.
18. "Owner" means any person or persons, firm, association or corporation owning, keeping, sheltering or harboring an animal. If such person is a minor, then "owner" means the parents or custodial parent or guardian of such person.
19. “Pound” or “dog pound” means a facility for the prevention of cruelty to animals operated by the state, a municipal corporation, or other political subdivision of the state for the purpose of impounding or harboring seized stray, homeless, abandoned or unwanted dogs, cats or other animals; or a facility operated for such a purpose under a contract with any municipal corporation or incorporated society.
20. “Threatened animal” means an animal that is abused as provided in section 7.05.010, or neglected as provided in section 7.05.015.
21. "Vicious animal" means and includes any animal which, without provocation, attacks, bites or attempts to bite a person or persons or a domestic animal or fowl, maims or kills a domestic animal or fowl. An animal provoked to an attitude of self defense, or assumes a defensive attitude in protection of its owner's property shall not summarily be proposed to be a vicious animal.
a. The city manager or the city manager’s designee may take various factors into consideration when determining whether an animal meets this definition. These factors include, but are not limited to, whether the animal was provoked, or whether the animal was acting to protect itself, its owner, or its owner’s property.
22. "Serious injury" means a bodily injury that does any of the following:
a. creates a substantial risk of death;
b. causes serious permanent disfigurement;
c. causes protracted loss or impairment of the function of any bodily member or organ.
23. "Fowl" means any of various birds of the order Galliformes, including but not limited to domesticated chickens, ducks, geese, turkeys, or pheasants.
24. "Hybrid" means any offspring produced by breeding a domestic cat or domestic dog to an animal listed as a dangerous animal per se.
25. "Molest" as used in this chapter includes not only biting and scratching a human or other animal, but also any annoyance, interference with or meddling with any such human or animal.
26. "Poundmaster" or "animal control officer" means the employee of the city designated by the city manager, or the person employed under a contract with the city, to enforce the terms and provisions of this title of the code. (Ord. 2007-0100; 2006-0676; 2006-0371; 2005-0217; 96/U-4368; 89/T-8055; 82/T-1235)
Section 7.01.020 Penalties.
Except as herein provided, any person who violates any of the provisions of this title is guilty of a municipal infraction and shall upon conviction, be punished as provided in section 1.04.100 of this municipal code. Alternatively, any person who violates any of the provisions of this chapter is guilty of a misdemeanor and shall upon conviction be punished as provided in section 1.04.100 of this code. A peace officer may issue a criminal citation for such violations. No person shall be charged with both a municipal infraction and a misdemeanor for the same violation. (Ord. 2007-0100)
