Chapter 7.05
CARE OF ANIMALS
Sections:
7.05.010 Cruelty to Animals
7.05.015 Neglect of animals.
7.05.020 Coloring of animals.
7.05.021 Required ventilation for animals.
7.05.023 Tying wings.
7.05.030 Sanitation of premises.
7.05.040 Refuse containers.
7.05.050 Striking an animal with a motor vehicle.
7.05.060 Harassment of a police service dog.
7.05.070 Tethering of animals.
7.05.080 Rescue of threatened animals.
7.05.090 Procedure for disposition of threatened animals.
7.05.100 Abandonment of Animals.
7.05.110 Penalty Clause.
Section 7.05.010 Cruelty to Animals It shall be unlawful for any person, whether intentionally or negligently, to do any of the following acts which constitute cruelty to animals: to beat, torment, permit or encourage combat between animals and/or animals and humans; expose to any known poisonous material with the intent of allowing or encouraging the material to be eaten by any bird, fowl or domesticated animal; to injure, maim, disfigure, mutilate or destroy an animal by any means that causes unnecessary pain or suffering; or overload or overwork a domestic animal or fowl or any other animal under the person's care, custody, and/or control. Intentional injury, maiming, disfiguring, or destruction of an animal owned by another person is not covered by this section and shall be subject to the provisions of Iowa Code Section 717B.2. (Ord. 2007-0100, 2006-0676, 2006-3071; 92/T-10573; 88/T-6227; 91/T-10237)
Section 7.05.015 Neglect of animals. A person who impounds or confines, in any place, an animal under the person's care, custody, and/or control, and fails to supply that animal during confinement with a sufficient quantity of food, and/or water, or who fails to provide that animal with adequate shelter, or who deprives the animal of the necessary sustenance, or adequate veterinarian care or assistance commits the offense of neglect of animals. Intentional neglect which results in serious injury to or the death of an animal is not covered by this section and shall be dealt with as set forth in Iowa Code Section 717B.3(3) (Ord. 2007-0100, 2006-0676, 92/T-10573)
Section 7.05.020 Coloring of animals. No person, firm, corporation, partnership, owner or dealer shall possess, display, sell or give away dyed, colored or in any way artificially treated baby chicks, ducklings, fowl, rabbits or any animals as pets, playthings, novelties or gifts. Sections 7.05.020 and 7.05.023 shall not be construed to prohibit the display of hatcheries, stores, owners, dealers or persons engaged in the business of selling the same to be used for food; but no such hatcheries, stores, owners, dealers or persons shall sell or give away baby chicks, ducklings and fowl as pets, playthings or novelties. (Ord. 82/T-1235)
Section 7.05.021 Required ventilation for animals. An animal is required to have access to adequate ventilation and protection from temperature extremes at all times. In this connection, it is unlawful for any person to keep any animal in a vehicle or other enclosed space in which the temperature is either so high or so low, or the ventilation is so inadequate, as to endanger the animal’ s life or health. Any peace officer or animal control officer is authorized to use whatever force is reasonable and necessary to remove any animal from a vehicle or other enclosed space whenever it appears that the animal’ s life or health is endangered by extreme temperatures or lack of ventilation within the vehicle or other enclosed space. No peace office or animal control officer shall be liable for damages to property caused by the use of reasonable force to remove an animal from such a vehicle or other enclosed space under such circumstances. (Ord. 2006-0676)
Section 7.05.023 Tying wings. It is unlawful for any person, firm or corporation, by himself or another, to lock or tie the wings of any chicken, turkey, goose, duck or other domestic fowl for the purpose of weighing or handling, or cause the same to be done. (Ord. 82/T-1235)
Section 7.05.030 Sanitation of premises. All structures, pens, coops or yards wherein animals are kept or housed shall be regularly and thoroughly cleaned, and all debris, refuse, manure or other offensive materials removed as often as is necessary to maintain such premises is a clean and sanitary condition at all times, devoid of vermin and free from offensive odors. The health officer or an animal control officer may inspect, or cause to be inspected, any structure or premises, and issue any such order as may be necessary to enforce the provisions of this section, and any other relevant or pertinent rule, regulation or ordinance. (Ord. 2005-0217; 82/T-1235)
Section 7.05.040 Refuse containers. All refuse and manure and any materials conducive to vermin or which may create any offensive odors, removed from such structure or such premises as aforesaid, shall be placed in suitable tight containers until completely removed from the premises, which containers must be covered with a tightly fitted verminproof cover, and such refuse then entirely removed from the premises or actually turned under the surface of the soil in such a manner as to avoid offensive odors, vermin, or any other menace to the public health. (Ord. 82/T-1235)
Section 7.05.050 Striking an animal with a motor vehicle. The operator of any motor vehicle which strikes a domestic animal shall stop at once and render such assistance as may be possible, and shall immediately report such injury or death to the animal's owner. In the event the owner cannot be ascertained and located, such operator shall at once report the accident to an animal control officer or to the police department. (Ord. 82/T-1235)
Section 7.05.060 Harassment of a police service dog.
1. It shall be unlawful for a person to knowingly and willfully or maliciously harass or tease a police service dog.
2. As used in this section, "police service dog" means a dog used by a peace officer in the performance of the officer's duties, whether or not the dog is on duty.
3. As used in this section, “harass or tease” means through verbal or physical actions an individual causes the police service dog undue excitement or agitation, causes the dog to bark continuously, causes the dog to pace in its enclosure whether a kennel or K-9 patrol vehicle, or causes the animal to strike, scratch, paw or bite its enclosure.
(Ord. 2007-0100, 90/T-8683)
Section 7.05.070 Tethering of animals.
No person shall stake or otherwise tie or fasten an animal within the corporate limits of the city in such place or in such manner as will permit such animal to pass onto, over or across any of the public sidewalks, streets or alleys within the incorporated limits of the city. (Ord. 82/T-1235)
Section 7.05.080 Rescue of threatened animals.
1. The rescue of a threatened animal shall be made by a law enforcement officer. The animal control officer or contractor may take charge of a threatened animal.
2. The rescue by the law enforcement officer shall be made following the procedure set forth in Chapter 717B.5 of the Iowa Code. (Ord. 2006-0371; 2005-0217; 86/T-4626)
Section 7.05.090 Procedure for disposition of threatened animals. The procedure to be followed for the disposition of threatened animals shall be set forth in Chapter 717B.4 of the Iowa Code. (Ord. 2006-0371; 87/T-5306)
Section 7.05.100 Abandonment of Animals. A person who has ownership or custody of an animal shall not abandon the animal, except that person may deliver the animal to another person who will accept ownership and custody or the person may deliver the animal to an animal shelter. A person who violates this section is guilty of a simple misdemeanor. (Ord. 91/T-10237)
Section 7.05.110 Penalty Clause. Any person violating any of the provisions of this chapter, except subsections 7.05.010, 7.05.015, 7.05.060, and 7.05.100 is guilty of a municipal infraction and shall be punished according to the provisions of Section 1.04.100. (Ord. 2006-0676, 2006-0371; 92/T-10573; 91/T-10237)
