Chapters:
7.01 DEFINITIONS AND PENALTIES
7.02 LICENSING OF DOGS AND CATS
7.03 ANIMAL CONTROL
7.04 RABIES CONTROL
7.05 CARE OF ANIMALS
7.06 RESTRICTIONS AND LICENSING OF CERTAIN ANIMALS
7.07 GUARD DOGS - PERMITS AND HOUSING
7.08 DOG PARK
7.09 INVESTIGATIONS AND ENTRY ONTO PROPERTY.
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)
Chapter 7.02
LICENSING OF DOGS AND CATS
Sections:
7.02.010 Office designated.
7.02.020 Licensing of dogs and cats.
7.02.025 Maximum number of domestic animals.
7.02.030 Exceptions.
7.02.040 Display of tag.
7.02.050 Transfer or change of ownership.
7.02.060 Duplicate tag.
7.02.070 Removal of license tags.
7.02.080 Penalties for violations.
Section 7.02.010 Office designated.
1. The department is designated as the official agent of the city for the purpose of issuing city dog and cat licenses and collecting fees therefor pursuant to the provisions of this chapter.
2. The poundmaster shall enforce the provisions of this chapter.
3. The city manager shall have authority to enter into agreements with other governmental agencies, a corporation, or an individual as a collection agent, for the efficient collection of license fees and the issuance of city dog and cat licenses. (Ord. 2007-0100, 2006-0676, 82/T-1235)
Section 7.02.020 Licensing of dogs and cats.
1. Every owner of a dog or cat over six months of age or a dog or cat under six months of age that is no longer with its dam shall procure a city dog or cat license for each calendar year from the department before the first day of March of the calendar year for which the license is in effect, or within sixty days after such a dog or cat reaches the age of six months of age, or if under six months of age and is no longer with its dam, or is brought into the city, or is newly acquired by its owner.
2. After March 1st of each license year, delinquent license fees in the amount of two dollars shall be assessed in addition to the annual license fee; after April 1st of each license year, delinquent license fees in the amount of four dollars shall be assessed in addition to the annual license fee; and after May 1st of each license year, delinquent license fees in the amount of six dollars shall be assessed in addition to the annual license fee. In those cases where, by reason of residence outside the corporate limits, age, or ownership, the dog or cat was not subject to licensing until after January 1st of the license year, the license fee shall become due and payable within sixty days after the date that such dog or cat first becomes subject to the terms of this chapter. Sixty days after said date, the owner shall pay a delinquent-license fee of two dollars in addition to the annual license fee. Ninety days after said date, the owner shall pay a delinquent-license fee of four dollars in addition to the annual license fee. After one hundred and twenty days from said date, the owner shall pay a delinquent-license fee of six dollars in addition to the annual license fee.
3. All licenses, regardless of date of issue, shall expire on December 31st of the year the license was in effect.
4. The annual license fee shall be ten dollars for each neutered dog or cat and thirty dollars for each unneutered dog and unneutered cat. In those cases where a dog or cat becomes subject to the terms of this chapter after July 1 of any license year, the fee shall be 1/2 of the annual license fee.
5. At the time of making application for said city license, the owner shall furnish to the city treasurer or his assistants a veterinarian's certificate showing that the dog or cat for which the license is sought has been vaccinated against rabies and that such vaccination has not expired. In order to take advantage of the lower rate for neutered animals, the owner shall, at the time application is made for a dog or cat license, present a certificate of neutering, signed by a veterinarian, containing a description of the animal, its call name, and date of neutering if known. Such certificates may be used in subsequent annual license applications. Upon payment of the license fee set forth above, the city treasurer or his assistants shall issue to the owner a license which shall contain the name of the owner, his place of residence, and a description of the dog or cat. The city treasurer or his assistants shall keep a duplicate of each license issued as a public record.
6. The owner of a dog or cat less than six months of age which is no longer with its dam, but which is too young to be immunized, shall be issued a temporary city license upon application to the city treasurer and payment of the regular fee. Such temporary license shall automatically expire seven months from the date of birth of the dog or cat unless the owner shall furnish a veterinarian's certificate showing that the dog or cat has been immunized. If such certificate is furnished prior to the time such dog or cat reaches seven months of age, the temporary license shall automatically become a regular annual license.
7. Upon issuance of the license, the city treasurer or his assistants shall deliver or mail to the owner a metal tag stamped with the number of the license and the year for which it is issued.
8. Owners wishing to support the dog park located at Bacon Creek Park may make a voluntary additional annual fee of ten dollars or more to be collected for each calendar year along with the annual license fee. Visitors to Sioux City or city owners wishing to support the dog park may make a voluntary one dollar daily fee or more to be collected at the dog park.
(Ord. 2006-0676, 2005-0217; 2004-1012; 2004-0260; 92/U-719; 89/T-7492; 82/T-1235)
Section 7.02.025 Maximum number of domestic animals.
1. No owner or caretaker of any residential unit shall knowingly allow more than two (2) domestic animals of the same species or no more than three (3) domestic animals in total of any species over the age of three (3) months to be kept within the city limits.
2. The number of domestic animals permitted in subsection 1 may be increased by obtaining a permit issued by the city manager or the city manager's designee. Such permit shall specify any restrictions, limitations, conditions or prohibitions including the applicant's consent to a voluntary initial inspection and periodic inspections during the term of the permit which the city manager or his designee deems reasonably necessary to protect any person or neighboring use from unsanitary conditions, unreasonable noise or odors, or annoyance, or to protect the public health or safety. Such a permit may be modified from time to time or revoked by the city manager or his designee for failure to conform to such restrictions, limitations, conditions or prohibitions outlined by the community development director or his/her designee. The permit may be revoked at any time for violation of state or local laws and regulations. Such modification or revocation shall be effective from and after ten (10) days following the mailing of written notice thereof by certified mail to the person or persons keeping or maintaining such animals. At no time will a permit be issued for a residence with more than two (2) unspayed or un-neutered of the same species, unless a commercial kennel license is obtained in accordance with State of Iowa statutes and/or municipal codes.
3. All permits issued hereunder shall be effective for the specific property and person listed on said permit and shall be in full effect for two years or until surrendered or revoked. At the end of the two year period, the permit must be reapplied for. An initial fee for such permit shall be ten dollars ($10.00). The fee shall be paid at the time of the application or application renewal. The city will conduct an initial inspection, and at its discretion, periodically inspect the premises to determine continued allowance of the permit. The owner or caretaker shall display or have readily available the permit allowing for the extra animals.
4. Any applicant who is denied a permit may request a hearing before the city manager or his designee by filing a written appeal with the city clerk within ten days of the denial. The appeal shall be heard by the city manager or his designee within 15 days of the date of the notice of the appeal. The applicant may be represented by counsel and may be allowed to submit a written statement in his/her defense prior to the hearing as well as present evidence at the hearing. (Ord. 2007-0100, 2006-0676)
Section 7.02.030 Exceptions. The provisions of this chapter shall not be intended to apply to:
1. Dogs or cats whose owners are nonresidents temporarily within the city;
2. Kennel dogs which are kept or raised in facilities licensed pursuant to the Code of Iowa solely for the bona fide purpose of sale and which are kept under constant restraint;
3. Dogs or cats brought into the city for the purpose of participating in any dog or cat show;
4. Seeing-Eye dogs properly trained to assist blind persons for the purpose of aiding them in going from place to place, a service dog or assistive animal as defined in Chapter 216C of the Iowa Code used to assist a person with a disability; provided, however, that such dogs or assistive animal are kept restrained on the owner's premises, under supervision or control at all times, or under leash at all times; and
5. Dogs being utilized by the Sioux City police department and Woodbury County sheriff's department for law enforcement purposes under its canine patrol program. (Ord. 2007-0100, 82/T-1235)
Section 7.02.040 Display of tag. The tag as described in Section 7.02.020-7 shall be attached by the owner to a substantial collar during the term of the license, or it must be displayed at the demand of a health officer, police department official, or poundmaster or his designee. Dogs in fenced kennels, fenced exercise yards, on pickets, in buildings, automobiles, or under effective control for exercise, work or training will not be required to wear tags or collars, or leashes, if the stated conditions of training, work or exercise are incompatible with the wearing of such articles. Upon the expiration of the license, the owner shall remove the tag from the dog or cat. (Ord. 2006-0676, 82/T-1235)
Section 7.02.050 Transfer or change of ownership.
1. It shall be unlawful for any person engaged in the business of keeping or providing dogs and cats for adoption or selling dogs or cats to transfer ownership of a dog or cat to a resident of the City of Sioux City, Iowa unless the purchaser has acquired a dog or cat license from the City or the seller, or the seller has made application for such license on behalf of the purchaser along with the fees herein required.
2. In all other instances, when the permanent ownership of the dog or cat is transferred, the new owner shall, within thirty days from the date of change of ownership, make application for a new license as provided in Section 7.02.020, regardless of whether or not the dog or cat was previously licensed under the provisions of Section 7.06.030, and shall pay the full annual license fee. (Ord. 89/T-7492)
Section 7.02.060 Duplicate tag. Upon the filing of an affidavit that the license has been lost or destroyed, the owner may obtain another tag upon payment of two dollars to the department. The department shall enter in the license record the new number assigned. (Ord. 2006-0676, 82/T-1235)
Section 7.02.070 Removal of license tags. It is unlawful for any person who is not the owner or the agent of such owner or an employee of the city or its agent, acting in an official capacity, to remove a license tag from a dog or cat prior to the expiration of the license. (Ord. 82/T-1235)
Section 7.02.080 Penalties for violations. Any person who violates any of the provisions of this chapter is guilty of a municipal infraction. (Ord. 89/T-7492)
Chapter 7.03
ANIMAL CONTROL
Sections:
7.03.010 Office created.
7.03.020 At large prohibited.
7.03.030 Impoundment and ticketing.
7.03.035 Disposition of impounded animals.
7.03.040 Impoundment and boarding fees.
7.03.050 Redemption.
7.03.057 Adoption.
7.03.060 Injured animals at large.
7.03.065 High risk animals.
7.03.070 Regulation of keeping high risk animals.
7.03.075 Impoundment of high risk animals.
7.03.080 Keeping of dangerous animals prohibited.
7.03.090 Exceptions.
7.03.095 Vicious animals - duty of owner.
7.03.098 Poundmaster notification.
7.03.100 Regulation of keeping dangerous animals.
7.03.105 Harboring of strays-notice to city pound.
7.03.110 General prohibitions and duties.
7.03.113 Trapping of animals.
7.03.115 Releasing or molesting animals.
7.03.120 Euthanasia.
7.03.125 Irresponsible animal owners.
7.03.130 Penalties for violations.
Section 7.03.010 Office created. There is created the office of poundmaster of Sioux City, Iowa, the duties of which shall be to carry out the provisions of this title. The duties of poundmaster, as defined herein, shall be assumed and performed by the duly authorized designee of the city manager or the person duly employed under contract with the city to enforce the animal control laws. (Ord. 96/U-4368; 82/T-1235)
Section 7.03.020 At large prohibited. The owner of an animal shall at all times restrain such animal to prevent it from running at large. This section shall not apply to animals located in the dog park. (Ord. 2005-0217; 96/U-4368; 82/T-1235)
Section 7.03.030 Impoundment and ticketing.
1. An animal found at large shall be seized and impounded; or, at the discretion of the poundmaster or his designee, the owner may be served a citation and/or complaint to appear before the district associate court to answer charges made thereunder.
2. Unlicensed dogs and cats and other household animals without a collar and valid rabies tag and any animals in excess of the number allowed by subsection 25.92.030(10) may be impounded. Unlicensed animals shall be selected for impoundment first. Thereafter, the owner shall designate the animals to be impounded. If the owner does not make a selection, the poundmaster shall select the animals to be impounded that are in excess of the number allowed.
3. If the owner of an impounded animal can be identified, the owner shall be notified within two days that, upon payment of impounding fees, plus cost of food and care, the animal will be returned. If an impounded animal is not recovered by its owner within seven days, the animal shall be disposed of in a humane manner as authorized by law or made available for adoption.
4. An impounded, unlicensed animal or an animal with no identification may be redeemed to the owner thereof upon:
a. proof of ownership.
b. payment of the board-and-keep fee, impoundment fee, and any other related costs incurred by the city.
c. presentation of the city license for the current year, if required by law, or by purchasing such license which shall not be issued until proof of a current rabies vaccination is presented.
d. showing proof in the form of a certificate issued and signed by a licensed veterinarian that such animal has been properly vaccinated for rabies, if required by law, or by posting a twenty-dollar vaccination bond which will be refunded if a rabies vaccination is obtained. Application for vaccination-bond redemption and for refund of the bond must be made within five business days of the posting of the bond. Failure of the owner to redeem such bond shall be prima facie proof that vaccination has not been obtained as required by Section 7.04.010. (Ord. 2005-0217; 96/U-4368; 89/T-8057; 82/T-1235)
Section 7.03.035 Disposition of impounded animals.
1. After the expiration of the applicable impoundment period of quarantine, except as otherwise provided, an unredeemed animal, whether licensed or unlicensed, may, at the discretion of the city manager or the poundmaster, be disposed of in the following manner:
a. Be humanely destroyed; or
b. Upon the payment of an adoption fee, be adopted to a person other than the animal's owner.
2. The fees for adoption of animals shall be as provided in the prevailing schedule of fees adopted by the city council.
3. Any animal which appears to be suffering from rabies or infected with disease, or which is mortally injured, or which in the opinion of the administrative authority is a vicious animal, shall not be adopted, or released, but shall be immediately destroyed in a humane manner. If the animal appears to have suffered from rabies or infected with disease, the body of said animal shall be subject to autopsy and disposal by local or state health officials. (Ord. 2006-0676, 2005-0217; 82/T-1235)
Section 7.03.040 Impoundment and boarding fees.
1. For each animal taken and impounded there shall be an impoundment and boarding fee. The fees for impoundment and boarding of animals shall be as provided in the prevailing schedule of fees adopted by the city council.
2. Impoundment and boarding fees shall be paid to the city or to its authorized representative providing the services herein. (Ord. 2005-0217; 2001-0417; 89/T-7491)
Section 7.03.050 Redemption.
1. Any animal held or impounded at the animal control facility may be redeemed to the owner thereof upon:
a. proof of ownership
b. payment of the board-and-keep fee, impoundment fee, and any other related costs incurred by the city
c. presentation of the city license for the current year, if required by law, or by purchasing such license which shall not be issued until proof of a current rabies vaccination is presented
d. showing proof in the form of a certificate issued and signed by a licensed veterinarian that such animal has been properly vaccinated for rabies, if required by law, or by posting a twenty-dollar vaccination bond which will be refunded if a rabies vaccination is obtained. Application for vaccination-bond redemption and for refund of the bond must be made within five business days of the posting of the bond. Failure of the owner to redeem such bond shall be prima facie proof that vaccination has not been obtained as required by Section 7.04.010.
2. For purposes of this section, the city manager or his designee may give notice to the owner either orally, by posting a notice at the owner's residence, or by mail. (Ord. 82/T-1235)
Section 7.03.057 Adoption.
1. Any animal held or impounded at the animal control unit may be adopted by a person if the holding periods provided in section 7.03.030 have expired and the animal has not been redeemed by the owner. No animal shall be adopted:
a. If additional costs will be incurred by the city;
b. Without presentation of the city license for the current year, if required by law, or by purchasing such license, which shall not be issued until proof of a current rabies vaccination is presented;
c. Without showing proof in the form of a certificate issued and signed by a licensed veterinarian that such animal has been properly vaccinated for rabies, if required by law, or by posting a $20 vaccination bond, which will be refunded if a rabies vaccination is obtained. Application for vaccination-bond redemption and for refund of the bond must be made within five (5) business days of the posting of the bond. Failure of the owner to redeem said bond shall be prima facie proof that vaccination has not been obtained as required by section 7.04.010.
2. For purposes of this section, the city manager or his designee may give notice to the owner either orally, by posting a notice at the owner's residence, or by mail. (Ord. 2005-0217; 89/T-8057; 82/T-1235)
Section 7.03.060 Injured animals at large.
1. In the event that an injured animal, licensed pursuant to the provisions of Chapter 7.04, is found at large, the poundmaster or his designee may cause the animal to be darted, if necessary, and may take the animal into custody. Upon taking an injured animal into custody, the poundmaster or his designee shall notify the animal's owner of its location and condition. Upon being so notified, the owner of such animal shall either immediately take custody of such animal or cause the animal to be transported to a veterinarian.
2. In the event the injured animal is unlicensed, or in the event that the city manager or his designee is unable to determine the ownership of the animal, or is unable to contact the owner, or should the owner refuse to either take custody of such injured animal or cause it to be transported to a veterinarian, the poundmaster or his designee shall impound such animal. The poundmaster may transport the injured animal to the nearest available veterinarian for treatment.
3. If an injured animal at large cannot be darted and it displays vicious tendencies which would make its capture by any other means unduly hazardous, law enforcement, the poundmaster or his designee may cause the immediate destruction of such animal.
4. In the event that an animal is found at large so seriously injured as to make its recovery improbable or unlikely, law enforcement, the poundmaster or his designee may, in his discretion, immediately destroy such animal in a humane manner in the interest of humane treatment.
5. In the event that the poundmaster or his designee transports an injured animal to the nearest available veterinarian pursuant to the foregoing, he shall thereupon offer to give custody of said animal to the veterinarian for treatment at the veterinarian's cost. In the event that the veterinarian refuses to take custody of such animal and advises that it would be humane to destroy it, the poundmaster or his designee shall immediately destroy said animal in a humane manner in the interests of humane treatment.
6. After an animal has been humanely destroyed under this section, the animal shall be subject to autopsy by local or state health officials to determine the cause of said animal's injuries or viciousness. (Ord. 2005-0217; 82/T-1235)
Section 7.03.065 High risk animals.
1. The determination of a "high risk animal" shall be in accordance with the following procedures:
a. The city manager or the city manager's designee or the poundmaster, upon being satisfied that an animal is a high risk animal shall cause to be served upon the owner of the animal, if known, a written notice of said determination.
b. The written notice shall contain:
(1) A finding that the animal is a high risk animal.
(2) A description of the animal.
(3) A description of the acts relied upon in determining the animal to be a high risk animal.
(4) A copy of municipal code sections 7.03.065 and 7.03.070.
(5) A statement advising the owner of the right to request a hearing as provided by subsection 7.03.065(1)(d) within a stated time which shall be reasonable under the circumstances.
c. Notice. Notice shall be by personal service or certified mail to the owner of the animal.
d. Request for hearing and appeal. Any owner advised that the owner's animal is declared a high risk animal may have, upon request, a hearing with the officials making said determination as to whether the animal is a high risk animal. A request for a hearing must be made in writing and delivered to the office of the city manager or the city manager’s designee within the time stated in the notice or it will be conclusively presumed that the animal is a high risk animal.
2. The city manager or the city manager's designee will act as hearing officer. At the conclusion of the hearing or within three days thereafter, the hearing officer shall render a written decision as to whether the animal is a high risk animal. The findings of the city manager or the city manager’s designee shall be conclusive.
3. If any animal previously determined to be a high risk animal has not exhibited any of the behaviors specified in subsection 7.01.010(14) within the twenty-four (24) months since the date of the high risk animal determination, then the animal is eligible for a review of the determination with the potential for lifting the requirements of this section; provided, however, then that same animal may again be declared a high risk animal if it again exhibits any of the specified behaviors. The city manager or the city manager's designee will act as hearing officer and will take into consideration evidence presented and information obtained about the animal from neighborhood interviews and canvassing.
4. If an animal is declared to be a high risk animal it shall be micro chipped, at the owner's expense, for positive future identification. The microchip must be installed at the offices of poundmaster before the animal is released.
5. The city manager or the city manager's designee or the poundmaster shall cause the animal to be impounded if an animal has been declared a high risk animal and is found at large within the city, or if an animal has actually bitten or attacked a person or a domestic animal or fowl and is still at large within the city.
6. The city manager or the city manager's designee may, after notice and hearing, order the destruction of a high risk animal if the animal has actually bitten or attacked a person because of the failure of the person owning such animal to comply with the provisions of this chapter. (Ord. 2007-0100, 2006-0676, 2005-0217; 96/U-4368)
Section 7.03.070 Regulation of keeping high risk animals.
1. All owners of an animal, whether licensed or unlicensed, which have been declared a high risk animal as defined in subsection 7.01.010(14) are required to keep such high risk animal:
a. From running at large;
b. From going into the streets and other public or private place within the city unless muzzled and unless on a leash six foot or less in length;
c. Under control so as to prevent such high risk animal from attacking or injuring persons, domestic animals, or fowl lawfully on the premises of the owner.
2. While on the owner's property a high risk animal must be securely confined indoors or in a securely enclosed and locked pen or structure, suitable to prevent the entry of young children and designed to prevent the high risk animal from escaping. Such pen or structure must have minimum dimensions of 5' x 10' with height of 6 feet, and must have secure sides and be capped if need be. The enclosure must also provide the high risk animal protection from the elements.
3. A representative of the city or animal control may, in their discretion, prior to the high risk animal’ s authorized use, inspect the securely enclosed locked pens and/or structures.
4. The owner or caretaker of the high risk animal must be 18 years of age or older.
5. Once an animal is declared high risk, the owner must, within 30 days, spay or neuter the animal. The procedure must be done by a veterinarian at the owner’ s expense. (Ord. 2006-0676, 2005-0217, 96/U-4368, 89/T-8055)
Section 7.03.075 Impoundment of high risk animals.
1. The poundmaster shall immediately seize and impound any high risk animal if:
a. After 14 days after the owner has received notice that the animal is a high risk animal, the animal is not licensed as required by Chapter 7.02; or
b. After 14 days after the owner has received notice that the animal is a high risk animal, the owner does not secure the animal in a proper enclosure; or
c. The animal is outside the proper enclosure and not under physical restraint of a responsible person by a leash not longer than six feet or not muzzled.
2. A high risk animal seized under this section may be reclaimed by the owner of the animal upon payment of impounding and boarding fees, and presenting proof to the appropriate poundmaster that the requirements of section 7.03.095 will have been met. An animal not reclaimed within seven days may be disposed of as provided under section 7.03.035, and the owner is liable to the poundmaster for costs incurred in confining and disposing of the animal.
3. Any animal believed by the city manager, the city manager’s designee, or the poundmaster to be a high risk animal will be impounded, at the owner’s expense, until such time as a final resolution is reached. (Ord. 2006-0676, 2005-0217; 96/U-4368)
Section 7.03.080 Keeping of dangerous animals prohibited. No person shall keep, shelter or harbor for any purpose within the City a dangerous animal or hybrid, as defined herein. (Ord. 2007-0100, 89/T-8056)
Section 7.03.090 Exceptions. The prohibition contained in Section 7.03.080 shall not apply to the keeping of dangerous animals in the following circumstances:
1. The keeping of dangerous animals in a public zoo, bona fide educational or medical institution, museum or other place where they are kept as live specimens for the public to view, or for the purpose of instruction or study;
2. The keeping of dangerous animals for exhibition to the public by circus, carnival, exhibit, show, or pet shop;
3. The keeping of dangerous animals in a bona fide, licensed veterinarian hospital for treatment. (Ord. 89/T-8056)
Section 7.03.095 Vicious animals - duty of owner.
1. All owners of an animal, whether licensed or unlicensed, which have been declared a vicious animal as defined in subsection 7.01.010(21) are required to authorize the euthanasia of the animal or cause the animal to be removed from the city limits of Sioux City and banned from returning. If an animal is removed from the city the animal will be micro chipped, at the owner’s expense, for future identification. The poundmaster will also confirm with the jurisdiction where the animal is being moved to that they are aware of this move and have not denied the move. Declared vicious animals that are found in the city after being banned shall be seized and euthanized.
2. The determination of a "declared vicious animal" shall be in accordance with the following procedures:
a. The city manager or the city manager's designee or the poundmaster, upon being satisfied that an animal is a vicious animal, shall cause to be served upon the owner of the animal, if known, a written notice of said determination.
b. The written notice shall contain:
(1) A finding that the animal is a vicious animal.
(2) A description of the animal.
(3) A description of the acts relied upon in determining the animal to be a vicious animal.
(4) A copy of municipal code section 7.03.095.
(5) A statement advising the owner of the right to request a hearing as provided by section 7.03.070(2)(d) within a stated time which shall be reasonable under the circumstances.
c. Notice. Notice shall be by personal service or by certified mail to the owner of the animal.
d. Request for hearing and appeal. Any owner advised that the owner's animal is declared a vicious animal may have, upon request, a hearing with the officials making said determination as to whether the animal is a vicious animal. A request for a hearing must be made in writing and delivered to the office of the city manager within the time stated in the notice or it will be conclusively presumed that the animal is a vicious animal.
The city manager or the city manager's designee will act as hearing officer. At the conclusion of the hearing or within three days thereafter, the hearing officer shall render a written decision as to whether the animal is a vicious animal. An appeal from this decision may be had by filing a written notice with the hearing officer. This appeal will be heard before the city council at a time and place fixed by the council. The findings of the council shall be conclusive.
3. The city manager or the city manager's designee or the poundmaster, may cause the animal to be destroyed without previous notice to the owner if an animal has been declared a vicious animal and is found at large within the city, or if an animal has actually bitten or attacked a person or a domestic animal or fowl. The poundmaster shall immediately send the head of the animal to an appropriate facility for the purpose of determining if it was rabid. The cost of transportation and the report shall become an obligation of the owner and the city may seek reimbursement in any lawful manner.
4. The city manager or the city manager's designee may, after notice and hearing, order the destruction of a vicious animal if the animal is found in the city limits running loose and/or has actually bitten or attacked a person because of the failure of the person owning such animal to comply with the provisions of this chapter.
5. Subsequent to the summary destruction of any animal, the poundmaster shall make a concerted effort to determine whether persons have had contact with the destroyed animal and, where appropriate, advise them of any unfavorable report concerning the animal's condition.
6. Any animal believed by the city manager, the city manager’s designee, or the poundmaster to be a vicious animal will be impounded, at the owner’s expense, until such time as a final resolution is reached. (Ord. 2006-0676, 2005-0217; 96/U-4368; 87/T-5933)
Section 7.03.098 Poundmaster notification.
1. Owners or caretakers of high risk or vicious animals shall notify the Siouxland District Health Department, and the poundmaster of the following:
a. immediate notification upon the escape of a high risk or vicious animal and/or if the animal is on the loose or is unconfined;
b. immediate notification if a high risk or vicious animal has attacked a human being or has attacked another domestic animal;
c. notification within twenty-four (24) hours of the event if the animal has been sold or has been given away and the owner or caretaker shall also provide the animal control director or his/her designee with the name, address, and telephone number of the new owner or caretaker of the high risk or vicious animal;
d. notification within five (5) business days if the animal has died or been euthanized.
(Ord. 2007-0100, 2006-0676)
Section 7.03.100 Regulation of keeping dangerous animals.
1. Every person, firm or corporation owning, keeping, sheltering or harboring a dangerous animal shall report such fact to the Siouxland District Health Department and to the poundmaster, together with the following information:
a. The species name of each such animal;
b. The number of such animals of each such species kept on the premises;
c. A physical description of each such animal, including any pet name to which it might respond;
d. The location of such animal or animals within the city, including the location of the cage or place of confinement upon or in said premises wherein said animal or animals are kept;
e. In the case of poisonous dangerous animals, the location of the nearest source of anti-venom for that species.
2. Every person, firm or corporation keeping, sheltering or harboring a dangerous animal shall at all times keep such animals securely confined within a cage or other enclosure.
3. No person, firm or corporation owning, keeping, harboring or sheltering a dangerous animal shall permit or allow such animal to enter upon or traverse any public property, park property, public right-of-way, or the property of another, except when such animal is being transported while caged or confined.
4. In the event that a dangerous animal is found at large and unattended upon public property, park property, public right-of-way, or the property of someone other than its owner, such animal may, in the discretion of the city manager or his designee, or the chief of police, be destroyed if it cannot be confined or captured, thereby creating a hazard to life or property. The city, its officers and employees shall be under no duty to attempt the confinement or capture of a dangerous animal found at large, nor shall it have the duty to notify the owner of such animal prior to its destruction. (Ord. 2007-0100, 82/T-1235)
Section 7.03.105 Harboring of strays-notice to city pound. Any person who harbors any animal found astray within the city limits shall, within 24 hours, notify the operator of the city pound. (Ord. 87/T-5245)
Section 7.03.110 General prohibitions and duties.
1. No person shall aid or cause any animal, whether owned by such person or not, to escape confinement or impoundment, whether such confinement or impoundment be upon the such person's property or that of another, by opening any gate, door or window, by making an opening in any fence, enclosure or structure, or by unleashing such animal.
2. It shall be prohibited for any person to permit or allow an animal owned by that person or under that person's custody or control to defecate upon public property, park property, public right-of-way, or the property of another, unless such person shall immediately thereafter clean up, remove and dispose of the feces so deposited.
3. It shall be the duty of every person owning or having the custody or control of an animal to clean up, remove and dispose of the feces deposited by such animal upon public property, park property, public right-of-way, or the property of another.
4. When an animal is left unattended outside, it shall be the duty of the owner to physically restrain the animal within a fenced enclosure or have the animal securely tethered. The animal must be restrained so as to prevent the animal from leaving the owner's premises. In addition, the animal must be restrained in such a manner so that the animal may not come into contact with a person seeking access to any outside utility meter or the front or main door of the premises.
5. It shall be unlawful for the owner or caretaker of any animal or domestic animal to allow or permit the animal to bark, bay, howl, cry or emit any other noise continuously and/or incessantly for a period of ten (10) minutes or to bark, bay howl, cry or emit any other noise intermittently for a period of one-half (1/2) hour or more and the sound is plainly audible across a residential boundary or within a noise sensitive area. The owner or caretaker shall not be subject to citation for a violation of this section if at the time the animal is making noise a person is trespassing or threatening to trespass upon private property in or upon which the animal is situated or if a person is taking other action which would tease or provoke the animal to be noisy. For purposes of this section a noise sensitive area is an area including but not limited to a hospital; a residential care facility; and or hotel, motel or other sleeping room;
6. It shall be prohibited for any person in any manner to interfere with any employee or designated representative of the city so as to hinder, delay or prevent his executing his duties pursuant to this chapter.
7. No person may set traps in the city for the purpose of apprehending wild or domesticated animals. This section does not prohibit:
a. Trapping mice, rats or other household vermin; or
b. The setting of traps to destroy moles and other underground pests so long as the traps used may be triggered only by subsurface action; or
c. The setting of traps in the line of duty by an animal control officer or with written permission from and under supervision of an animal control officer or licensed pest-control operators.
8. It shall be unlawful for any person to harass, irritate, or tease an animal restrained by leash or confined to any enclosure. (Ord. 2007-0100, 2006-0676, 2005-0217; 96/U-4368; 91/T-10236; 86/T-4626; 85/T-3437; 82/T-1235)
Section 7.03.113 Trapping of animals.
1. The owner or person or entity in lawful possession and control of any premises may utilize live traps to apprehend animals on any premises, regardless of the zone, if such animals constitute a nuisance due to the destruction of property, and if the method and location of such trapping is approved by the city manager, his/her designee, or the poundmaster.
2. Live traps may be rented from the animal control unit, if allowed by the poundmaster. The fees for renting traps shall be as provided in the prevailing schedule of fees adopted by the city council. (Ord. 2005-0217; 96/U-4368; 82/T-1235)
Section 7.03.115 Releasing or molesting animals. No person, except the owner of an animal or an authorized agent, shall willfully or without permission or authority open any door or gate on any private or public premises resulting in the releasing or enticing or enabling any such animal to leave such private or public premises. No person shall willfully molest, tease provoke or mistreat an animal. However, a police officer or designee may remove and impound, for medical observation purposes, any animal that has scratched or bitten anyone. (Ord. 2007-0100)
Section 7.03.120 Euthanasia.
1. The owner of any animal, upon proof of ownership, may request the animal control unit to humanely destroy his/her animal upon:
a. Signing a consent and release for such procedure on a form provided by the poundmaster or his/her designee;
b. The poundmaster may collect a nonrefundable fee. The fees for euthanasia of animals shall be as provided in the prevailing schedule of fees adopted by the city council.
2. If all of the above conditions are met, the animal control unit shall humanely dispose of such animals in a manner provided for by law. The owner of an animal that is euthanatized is still responsible for any outstanding license, impoundment or quarantine fees. (Ord. 2005-0217; 82/T-1235)
Section 7.03.125 Irresponsible animal owners.
1. The determination of an “irresponsible animal owner" shall be in accordance with the following procedures:
a. The city manager or the city manager's designee or the poundmaster, upon being satisfied that an owner is an irresponsible animal owner, shall cause to be served upon the owner a written notice of said determination.
b. The written notice shall contain:
(1) A finding that the owner is an irresponsible animal owner.
(2) A description of the acts relied upon in determining the owner is an irresponsible animal owner.
(3) A copy of municipal code sections 7.01.010 and 7.03.125.
(4) A statement advising the owner of the right to request a hearing as provided by subsection 7.03.125(2)(d) within a stated time which shall be reasonable under the circumstances.
c. Notice. Notice shall be by personal service or by certified mail to the owner.
d. Request for hearing and appeal. Any owner advised that the owner is declared an irresponsible animal owner may have, upon request, a hearing with the officials making said determination as to whether the owner is an irresponsible animal owner. A request for a hearing must be made in writing and delivered to the office of the city manager or the city manager’s designee within the time stated in the notice or it will be conclusively presumed that the owner is an irresponsible animal owner.
The city manager or the city manager's designee will act as hearing officer. At the conclusion of the hearing or within three days thereafter, the hearing officer shall render a written decision as to whether the owner is an irresponsible animal owner. An appeal from this decision may be had by filing a written notice with the hearing officer. This appeal will be heard before the city council at a time and place fixed by the council. The findings of the council shall be conclusive.
3. If an owner is declared to be an irresponsible animal owner the owner shall be banned from having animals within the city limits of Sioux City.
4. The city manager or the city manager's designee or the poundmaster shall cause the animal to be impounded if an owner has been declared an irresponsible animal owner and is found to have an animal within the city.
5. The city manager or the city manager's designee may order the destruction or adoption of any animals impounded under this section. (Ord. 2005-0217)
Section 7.03.130 Penalties for violations. Any person or persons who violates the provisions of this chapter is guilty of a municipal infraction and shall, upon conviction thereof, be punished according to the provisions of section 1.04.100. (Ord. 2006-0676, 96/U-4368; 89/T-7491)
Chapter 7.04
RABIES CONTROL
Sections:
7.04.010 Compulsory immunization of dogs, cats and other animals for rabies.
7.04.020 Emergency immunization.
7.04.030 Rabies control and vaccination for rabies.
7.04.040 Prima facie evidence.
7.04.050 Interfering with enforcement and penalties.
7.04.060 Muzzling and securing animals.
7.04.070 Rabies - Report by owner.
7.04.080 Rabies - Report by physician.
7.04.090 Rabies - Report by others.
7.04.100 Rabies - Examination.
7.04.110 Rabies - Quarantine - Conditions.
7.04.120 Rabies - quarantine - place.
7.04.130 Rabies - Report of condition.
7.04.140 Death of animal during quarantine.
7.04.145 Payment of quarantine and examination costs.
7.04.150 Periodic examination of animal.
7.04.160 Penalties for violations.
Section 7.04.010 Compulsory immunization of dogs, cats and other animals for rabies.
1. The owners of all dogs, cats and other animals, six months of age or older, within the corporate limits of the city, are required to have a biennial immunization against rabies for their dogs, cats and other animals.
2. The term "owner," in addition to its ordinary meaning, includes any person who keeps or harbors a dog, cat or other animal.
3. A current certificate of immunization for rabies signed by a licensed veterinarian shall hereafter be required for all animals within the corporate limits of the city, and a copy of the certificate shall be presented by the owner or his agent to the health department of the city biennially on or before January 2nd, and the certificate shall at that time be accepted by the city as proof of immunization.
4. The owner shall display the current rabies-immunization tag issued by the city at all times on a collar, harness or chain attached to the dog, cat or other animal within the city. (Ord. 82/T-1235)
Section 7.04.020 Emergency immunization. Whenever any agency of the state or the health officer determines that there is a state of emergency regarding rabies control, the mayor shall have the authority to order by proclamation the immediate immunization and/or booster immunization of any or all dogs, cats or other animals against rabies, notwithstanding the provisions for biennial immunization set forth in Section 7.04.010. (Ord. 82/T-1235)
Section 7.04.030 Rabies control and vaccination for rabies. Whenever the city council finds and determines, on the advice of the health officer, that there is danger of the existence or spread of rabies, it may direct the mayor to forthwith issue a proclamation of emergency announcing the presence of rabies, and ordering and requiring the law enforcement officers of the city to destroy upon sight any dog, cat or other animal running loose and at large within the corporate limits of the city. The proclamation, after issuance, shall remain in full force and effect for a ninety-day period from the date of the making. (Ord. 82/T-1235)
Section 7.04.040 Prima facie evidence. Failure of an owner to comply with Section 7.04.010-4 shall be construed as prima facie evidence of a failure to secure required immunization referred to herein. (Ord. 82/T-1235)
Section 7.04.050 Interfering with enforcement and penalties. It is unlawful for any person in any manner to interfere with any employee or designated representative of the city so as to hinder, delay or prevent his executing his duties in relation to the matters and things contained in this chapter. (Ord. 82/T-1235)
Section 7.04.060 Muzzling and securing animals. The mayor, whenever in his opinion the danger to the public safety from rabid dogs, cats or other domesticated animals is great and imminent, shall have the authority to publish a proclamation ordering and requiring all persons owning, keeping or harboring any dog, cat or other domesticated animal to muzzle the same or to confine the same for not less than sixty days from the date of such proclamation, by good and sufficient means, to the house or premises wherein such person may reside; and upon the issuance of such proclamation by the mayor, it shall be the duty of all persons owning, keeping or harboring any animal during the term specified in such proclamation to confine the same, by good and sufficient means, within the premises or have the same properly and securely muzzled. (Ord. 82/T-1235)
Section 7.04.070 Rabies - Report by owner. It shall be the duty of the agent or owner of any dog, cat or other domesticated animal suspected of being infected with rabies or other diseases communicable to the human family, or any animal that has been attacked, bitten or caused any skin abrasion upon any person, to report the same at once to the health officer. (Ord. 82/T-1235)
Section 7.04.080 Rabies - Report by physician. It shall be the duty of any physician to immediately transmit to the health officer any information that may come to him in his professional capacity with reference to any patient of his having been attacked, bitten or having any skin abrasion caused by any dog, cat or other domesticated animal. (Ord. 82/T-1235)
Section 7.04.090 Rabies - Report by others. It shall be the duty of any person so attacked or bitten or who has any skin abrasion caused by being attacked or bitten by any dog, cat or other domesticated animal to immediately report the same to the health officer. (Ord. 82/T-1235)
Section 7.04.100 Rabies - Examination. In the event of any of the foregoing contingencies, the health officer shall cause the dog, cat or other domesticated animal so suspected of being infected with diseases communicable to the human family, or who has attacked, bitten or caused any skin abrasion upon any person, to be immediately examined. (Ord. 82/T-1235)
Section 7.04.110 Rabies - Quarantine - Conditions. The health officer shall thereupon make such examinations as in his judgment are necessary to determine whether or not such dog or cat or other domesticated animal is suffering from rabies or other communicable diseases transmissible to the human family, and shall place such dog, cat or other domesticated animal in quarantine and keep it under observation for such period as in his opinion may be necessary, but at least for a period of ten days. (Ord. 82/T-1235)
Section 7.04.120 Rabies - quarantine - place. Such dog or cat or other animal may be placed in quarantine at a location designated by the health officer. If the animal has not been properly immunized against rabies, the animal shall be quarantined at the Animal Shelter or any animal hospital at the expense of the owner. If the animal has been properly immunized against rabies, the animal may be placed in quarantine at the owner's home if the health officer deems it a proper location, taking into consideration all of the following: The circumstances of the bite, the history of the animal, the facilities of the owner (including whether the animal can be kept, tied and isolated from all other animals and cannot come into contact with any person or persons other than the owner) and the willingness of the owner to cooperate. It is unlawful to permit an animal placed in quarantine at the owner's home to be untied or to come into contact with persons or other animals. If, in the opinion of the health officer, the owner's home is not an appropriate place to quarantine the animal, the dog, cat or other domesticated animal may be quarantined at the Animal Shelter or any animal hospital at the expense of the owner. (Ord. 89/T-8055)
Section 7.04.130 Rabies - Report of condition. It shall be the duty of the owner or agent, after the dog, cat or other domesticated animal is placed under quarantine, to report at once to the health officer who has placed the animal under quarantine any noticeable change in the physical condition of such animal, and to notify him at once in the event that such animal should die. (Ord. 82/T-1235)
Section 7.04.140 Death of animal during quarantine. In the event of the death of an animal suspected by the health official to be rabid or suffering from disease, the agent or owner of said animal shall leave the carcass of such animal untouched until the health officer has had an opportunity of viewing such carcass, and shall turn over said animal to local or state health officials or the purpose of making such post mortem examinations or other examinations, including autopsy and disposal thereof, which in his opinion are necessary to determine whether or not such animal has died of rabies or other diseases communicable to humans. (Ord. 82/T-1235)
Section 7.04.145 Payment of quarantine and examination costs.
1. The owner of any animal quarantined may redeem such animal after any quarantine period upon the payment of all costs of confinement, including cost of food and the care of such an animal. If the animal is a stray or the owner is unknown, the agency ordering the quarantine will be billed for all costs relative to the animal.
2. When an animal dies during quarantine, the owner, if known, shall be billed for all costs of confinement to date of death, and for all examinations including post mortem or laboratory tests for rabies.
3. If the owner of an animal or any other person or organization specifically requests a post mortem or laboratory examination of an animal for rabies, then the person making such a request shall pay all costs incurred. (Ord. 82/T-1235)
Section 7.04.150 Periodic examination of animal. It shall be the duty of the health officer to make, in addition to the initial examination, at least one subsequent examination at the end of the ten-day period, and such other examinations as he may deem necessary. (Ord. 82/T-1235)
Section 7.04.160 Penalties for violations. Any person or persons who violates the provisions of this chapter is guilty of a municipal infraction and shall, upon conviction thereof, be punished according to the provisions of section 1.04.100. (Ord. 2006-0676)
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)
Chapter 7.06
RESTRICTIONS AND LICENSING OF CERTAIN ANIMALS
Sections:
7.06.010 Permit - Required.
7.06.015 Application for permit.
7.06.020 Permit - Duration/Renewal.
7.06.030 Revocation of permit.
7.06.040 Appeal.
7.06.050 Removal of animals.
7.06.060 Transfer prohibited.
7.06.070 Location of enclosures.
7.06.080 Age or number permitted.
7.06.090 Feeding stations.
7.06.100 Food storage.
7.06.110 Exemptions.
Section 7.06.010 Permit - Required. No person within any residential estates zone, single-family residence zone, duplex residence zone or general residence zone in the city shall have in his possession or control, or keep or harbor, any equine or bovine animals, any sheep, goats, dogs or cats in kennels for commercial purposes, pigs, mink or any live hares, rabbits, guinea pigs, chickens, turkeys, geese, ducks, doves, pigeons, game birds or other fowl, without having first obtained a permit to so do from the inspection services division, which permit shall be issued only after inspection of the premises and approval of the sanitary conditions thereof by the community development department, as set forth in this title. (Ord. 2006-0676, 82/T-1235)
Section 7.06.015 Application for permit. Any person desiring a permit under this chapter shall make written application therefore to the department upon a form prepared by the city, which application shall describe the real estate upon which it is desired to keep any animals and shall require the giving of such information by the applicant as the department may desire. Such application shall contain a statement by the applicant that he will "at all times keep such animals in accordance with all conditions prescribed by the department and failure to obey such conditions shall be a violation of this chapter and shall be cause for revocation of the permit.” The application fee for a new permit shall be sixty-five dollars ($65.00) which shall be paid at the time of the submission of the application. (Ord. 2006-0676)
Section 7.06.020 Permit - Duration/Renewal.
1. All permits issued hereunder shall expire on the first day of January after its issuance unless sooner revoked. The annual renewal fee for a permit shall be ten dollars ($10.00) which shall be paid prior to the expiration of the existing permit.
2. After March 1st of each license year, delinquent license fees in the amount of two dollars shall be assessed in addition to the annual license fee; after April 1st of each license year, delinquent license fees in the amount of four dollars shall be assessed in addition to the annual license fee; and after May 1st of each license year, delinquent license fees in the amount of six dollars shall be assessed in addition to the annual license fee. In those cases where, by reason of residence outside the corporate limits, or the animal was not subject to licensing until after January 1st of the license year, the license fee shall become due and payable within sixty days after the date that such animal first becomes subject to the terms of this chapter. Sixty days after said date, the owner shall pay a delinquent-license fee of two dollars in addition to the annual license fee. Ninety days after said date, the owner shall pay a delinquent-license fee of four dollars in addition to the annual license fee. After one hundred and twenty days from said date, the owner shall pay a delinquent-license fee of six dollars in addition to the annual license fee.
3. All licenses, regardless of date of issue, shall expire on December 31st of the year the license was in effect. (Ord. 2006-0676, 82/T-1235)
Section 7.06.030 Revocation of permit. Every permit shall be subject to revocation for any violation of the provisions of this chapter or of any other pertinent ordinance of the city, or of any statute or regulation of the state of Iowa pertaining hereto. Notice of such revocation shall be given in writing, delivered personally or by regular mail to the holder of such permit. (Ord. 82/T-1235)
Section 7.06.040 Appeal. The city council may hear and determine any matter pertaining to the issuance or revocation of a permit, as herein provided, upon application or request to so do by the applicant or license holder. An appeal under this title shall be filed with the city clerk in writing within twenty days of the denial or revocation of a permit. (Ord. 82/T-1235)
Section 7.06.050 Removal of animals. If animals or fowl are found being kept without a permit having been issued, animal control shall be authorized to immediately impound the animals or fowl. The owner of the impounded animals or fowl shall be responsible for all impound and boarding fees. In the event of the revocation of any permit, as herein provided, the holder of such permit shall remove all animals or fowl from the premises concerned within fifteen days after receipt of notice or revocation, as by this chapter provided; subject to the condition, however, that in the event application shall be made to the city council for determination as to the matter of revocation of any such permit, the period of time for removal of such animals or fowl shall be extended until ten days after affirmation of the revocation by the city council if such affirmation be granted. (Ord. 2005-0217; 82/T-1235)
Section 7.06.060 Transfer prohibited. Any permit issued pursuant to this chapter shall not be sold, assigned or transferred, and shall apply only to the premises designated and the person, firm, association or corporation to whom issued only. A violation of this provision shall be cause for revocation of any such permit. (Ord. 82/T-1235)
Section 7.06.070 Location of enclosures. Notwithstanding the securing of a permit, as provided by this chapter, no person, firm, association or corporation within or upon any residential estates zone, single-family residence zone, duplex residence zone or general residence zone in the city shall keep any animals or fowl, as hereinabove designated, within one hundred fifty feet of any dwelling, other than the dwelling of such owner of such animals or fowl, nor within twenty-five feet of the dwelling of such owner of such animals or fowl; subject to the condition, however, that the inspection services division shall have and possess power and authority upon good, sufficient and satisfactory showing to permit the keeping of such animals or fowl at a lesser distance than one hundred fifty feet of any dwelling, other than the dwelling of the owner of such animals or fowl, or at a lesser distance than twenty-five feet of the dwelling of the owner of such animals or fowl, but in no event less than sixty feet from any such dwelling other than the dwelling of the owner of such animals or fowl unless written permission has been obtained by the applicant from the occupant of such dwelling which falls within sixty feet of where such animals or fowl are kept. Such consent shall be attached to the application and made a part thereof. (Ord. 82/T-1235)
Section 7.06.080 Age or number permitted. No rooster over four months old and not more than four fowl, as hereinabove provided, shall be kept on any premises within any residential estates zone, single-family residence zone, duplex residence zone or general residence zone in the city. (Ord. 2006-0676, 82/T-1235)
Section 7.06.090 Feeding stations. A feeding station which shall comply with the requirements of this chapter shall be kept, provided and maintained within the enclosure or within any structure used or intended to be used for the keeping or housing of any animals or fowl. Such feeding stations shall be constructed and maintained in such a manner so as to make possible their being kept clean and in a sanitary condition at all times, and, so far as possible, they shall be constructed and maintained in such a way as to eliminate rodent infestation. (Ord. 82/T-1235)
Section 7.06.100 Food storage. All materials intended for use as food for animals and fowl as herein provided shall be kept and stored in such a manner as to not invite rodent infestation. (Ord. 82/T-1235)
Section 7.06.110 Exemptions. The provisions of Sections 7.06.010 to 7.06.100 shall not apply to circuses, carnivals, agricultural shows or exhibits and other such enterprises which are operated only for a limited period of time and intermittently. (Ord. 82/T-1235)
Chapter 7.07
GUARD DOGS - PERMITS AND HOUSING
Sections:
7.07.010 Definitions.
7.07.020 Permits.
7.07.030 Housing and facilities.
7.07.040 Exclusions.
Section 7.07.010 Definitions. For use in this title, the following terms are defined:
1. "Anti-escape" means any housing, fencing or device which the guard dog cannot go over, under, through or around.
2. "Commercial property" means:
a. A portion of land and/or building zoned for or utilized for commercial or business uses, within the city, including temporary sites;
b. Any vehicle utilized for commercial or business purposes within the city.
3. "Guard dog" means any dog that is utilized to protect commercial property as defined above. This chapter shall not be construed to apply to dogs used by the city of Sioux City or Woodbury County for law enforcement purposes.
4. "Handler" means a person who is responsible for and capable of controlling the operations of a guard dog.
5. "Housing" means any location where the guard dog is kept when not being utilized for protection purposes. (Ord. 82/T-1235)
Section 7.07.020 Permits.
1. A guard dog permit must be obtained for each commercial property where guard dogs are to be used. Procedures for permit application, for inspection of guard dog facilities, and for issuance of dog identification tags will be established by the poundmaster or his designee. Permits for both permanent and temporary locations may be transferred to a new location operated by the same business firm during the license year. However, such transfers shall not be effective until the pound master or his designee, has inspected and approved the required facilities at the new location, and the information required below for permit applications has been recorded. Five working days' advance notification shall be required by the poundmaster, or his designee, for permit transfers.
2. Permit applications shall include the following information:
a. The business name, address and telephone number of the commercial property where guard dogs are to be used;
b. The name, address, and telephone number of the handler(s) who can be reached at any time of the day or night;
c. The number of dogs to be used and a general description of their use;
d. The location where the dogs are to be housed;
e. Any other information that the poundmaster or his designee deems necessary by rule and regulation. Permit holders shall notify the poundmaster, or his designee, if any information recorded as part of the permit application is changed during the course of the period for which the permit is issued.
3. The poundmaster, or his designee, shall inspect the facilities where the guard dog is to be used and housed when the guard dog permit is applied for and when it is renewed.
4. If the inspection reveals that the requirements of this chapter are met, a one-hundred-dollar fee shall be paid, and a guard dog license and special guard dog identification tags for the approved commercial property shall be issued by the poundmaster or his designee. The permit shall be displayed at the approved commercial property, and an identification tag shall be affixed to the collar of each dog used.
5. The guard dog permit shall be valid for the period of one year, and must be renewed annually within thirty days after the renewal date. The renewal fee shall be one hundred dollars.
6. The guard dog permit must be obtained prior to housing or utilizing guard dogs at the commercial property, provided that for those commercial properties where guard dogs are in use when the ordinance codified in this chapter becomes effective, there shall be a ninety-day period in which to obtain the permit without penalty. (Ord. 82/T-1235)
Section 7.07.030 Housing and facilities. Whenever there is a guard dog on the premises, the standards of this section, in addition to the other requirements of this title, shall be complied with.
1. Housing must have anti-escape fences completely surrounding it or be an anti-escape building sufficient to house guard dogs.
2. All gates and entrances to the area where the guard dog is housed, used or trained must be kept locked when the handler is not present.
3. Where guard dogs are used outside buildings, the area must be enclosed by at least a six-foot chain-link fence, or other enclosure of equal security, to which anti-escape devices have been added. The adequacy of the fencing shall be subject to the approval of the poundmaster or his designee.
4. In order to control noise, the poundmaster, or his designee, may require a sight barrier which breaks the dog's line of sight.
5. In buildings where the guard dogs are used, exterior glass must be adequate to prevent the dog from jumping through it. Additional protection measures may be required by the poundmaster or his designee.
6. The building and yard in which a guard dog is used must be posted with guard-dog signs, approved by the poundmaster or his designee, that shall not be more than two hundred feet apart, and shall be at all property corners and at every entrance into the area.
7. For guard dogs either transported or utilized in vehicles, adequate measures must be taken to prevent the public from accidental contact with the guard dog.
8. A handler is required to be physically present while guard dogs are being utilized at temporary sites which do not comply with this chapter.
9. All guard dogs will be leashed and muzzled when on a public street. (Ord. 82/T-1235)
Section 7.07.040 Exclusions. Dogs that are used as private guard dogs on the property of their owner's private residence shall be excluded from the provisions of this chapter unless said residence is located on premises utilized for commercial purposes. Guard dogs kept in a kennel with a valid permit under Section 7.06.010 are also excluded for the provisions of this chapter. (Ord. 82/T-1235)
Chapter 7.08
DOG PARK
Sections:
7.08.010 Authorized off-leash dog exercise facility.
7.08.020 Rules governing use of dog park.
7.08.030 Other rules.
7.08.040 Miscellaneous provisions.
7.08.050 Penalty.
Section 7.08.010 Authorized off-leash dog exercise facility.
1. Establishment of facility. The manager of the parks and recreation division is hereby authorized to establish one or more authorized off-leash dog exercise facilities within the city which meet the requirements of this chapter. Each authorized off-leash dog exercise facility shall be referred to hereinafter as a “Dog Park”.
2. Characteristics of a dog park. Each dog park established under this section shall meet the following criteria:
a. The dog park shall be located within a public park in the city; and
b. The dog park shall be appropriately and securely fenced and equipped with at least one self-closing gate; and
c. The rules and regulations for the use of the dog park shall be posted on a sign at each entrance to the dog park. (Ord. 2006-0676, 2004-0720)
Section 7.08.020 Rules governing use of dog park. The following rules and regulations shall govern the use of each dog park established under this chapter.
1. The dog park shall be for the use of dogs only and no other types of animals or pets shall be allowed to use the dog park.
2. The owner or other competent responsible person authorized by the owner shall at all times accompany each dog inside the fenced area of the dog park and shall be responsible for the supervision of such dog at all times while it is in the dog park.
3. The dog park shall be open for use during the regular city public park hours.
4. A person shall not be required to obtain a special permit to use the dog park.
5. No person shall be authorized to bring any dog into such dog park unless the owner has a valid, current city license and rabies vaccination for the dog and then only if the license and rabies tags are attached to and kept on a substantial collar on the dog at all times.
6. All other provisions of the municipal code shall apply to the use of each such dog park and to the presence and conduct of dogs in each such dog park, including but not limited to the provisions requiring a clean up of animal droppings, and prohibiting a dog from attacking persons or animals.
7. No dog which is dangerous or vicious as defined in section 7.01.010 of the municipal code shall be allowed to use any such dog park at any time.
8. No person shall bring more than two dogs into a dog park at any one time.
9. A person using the dog park shall at all times carry a leash for each dog which is under his or her supervision.
10. The following are prohibited in any dog park established under this chapter.
a. Dogs in heat
b. Dogs under four months of age.
c. Food, bones or rawhide.
d. Prong or spike dog collars.
11. No children under six years of age are allowed in any dog park. Children from six years of age to sixteen years of age must be under the supervision of an adult competent responsible person at all times while in the dog park. (Ord. 2004-1012; 2004-0720)
Section 7.08.030 Other rules. The manager of the parks and recreation division is hereby authorized to adopt and enforce, from time to time, such other rules and regulations governing the use of each dog park as such director may deem appropriate, provided that such rules and regulations shall first be approved by the city council and shall thereafter be posted at each entrance to each dog park.
(Ord. 2006-0676, 2004-0720)
7.08.040 Miscellaneous provisions.
1. Dog at large. A person who brings a dog into a dog park and complies in all respects with the provisions of this chapter, including any rules and regulations established under this chapter shall not be deemed to have permitted or allowed the dog to be at large within the City within the meaning of Chapters 7.01 and 7.03 of the municipal code. (Ord. 2004-0720)
Section 7.08.050 Penalty. Anyone violating the provisions of this ordinance is guilty of a municipal infraction and shall upon conviction, be punished as provided in Section 1.04.100 of the Sioux City Municipal Code. (Ord. 2004-0720)
Chapter 7.09
INVESTIGATIONS AND ENTRY ONTO PROPERTY.
Sections:
7.09.010 Duty to investigate.
7.09.020 Entry onto property.
Section 7.09.010 Duty to investigate. The poundmaster or his/her designee shall promptly investigate all reported cases of neglect, injury, or cruelty and shall take action as necessary, provided a violation of the Sioux City Municipal Code or state law is present. (2007-0100)
Section 7.09.020 Entry onto property.
1. The following steps may be taken to make entry onto or gain entry into private property for the purposes of enforcement of this code:
a. If the animal is located outside the residence, the animal shall be removed pursuant to the procedures outlined in Section 7.05.080 and impounded at the animal shelter or veterinarian if the animal is in imminent danger or further injury may occur. A search warrant shall be obtained pursuant to 7.05.080 unless exigent circumstances exist including but not limited to the degree of imminent danger to the animal, i.e. whether in the opinion of the veterinarian the animal will suffer serious injury or death if care or treatment are delayed and there is insufficient time to secure consent from the owner or caretaker or to obtain a search warrant. Notification of impoundment shall be given to the owner or caretaker in person or in writing upon removal of the animal.
b. If the animal is located outside the residence, but is not in imminent danger or further injury will not occur to the animal, corrective measures may be placed upon the owner or caretaker. Failure to comply with the corrective measures shall result in the animal being removed from the residence and impounded at the animal shelter or veterinarian. Notification of impoundment shall be given to the caretaker in person or in writing upon removing the animal.
c. If the animal is located within the residence, a search warrant shall be obtained to gain legal entry into the residence and the animal shall be removed and impounded at the animal shelter or veterinarian if the animal is in imminent danger or further injury may occur. Notification of impoundment shall be given to the owner or caretaker in person or in writing upon removal of the animal.
d. If the animal is located within the residence, a search warrant shall be obtained to gain legal entry into the residence. If said animal is found not to be in imminent danger or further injury will not occur to the animal, corrective measures may be placed upon the owner or caretaker. Failure to comply with said corrective measures shall result I the animal being removed from the residence and impounded at the animal shelter or veterinarian upon service of an additional search warrant. Notification of impoundment shall be given to the owner or caretaker in person or in writing upon removing said animal. (Ord. 2007-0100)
