HomeMy Public PortalAboutOrdinances-2008-295 CITY OF TIFFIN ORDINANCE NO. 2008 - s
AN ORDINANCE REPEALING ORDINANCE NOS. 1979-80 AND
1984-125 AND 1985-136 ESTABLISHING REGULATIONS FOR THE
CONTROL OF ALL ANIMALS WITHIN THE CITY AND PRESCRIBING
A PROCEDURE FOR DISPOSITION OF DANGEROUS AND VICIOUS
ANIMALS
BE IT ENACTED by the City Council of the City of Tiffin, Iowa:
Section 1. Purpose. The purpose of this Ordinance is to repeal existing
ordinances for the regulation of animals and establish a new
ordinance for the regulation of all animals, including
dangerous and vicious animals, within the City for the
protection of the health and well-being of the citizens.
Section 2. Repealing. Ordinance Nos. 1979-80,1984-125, and 1986-136
are hereby repealed.
Section 3. Definitions.
A. "Animal" means all living creatures not human.
B. "At large" defines the location of any animal that is not:
1. on its owner's residential lot, tethered or within an
enclosed or invisible fence; or
2. under the control of its owner or a competent person by
restraint with a leash; or
3. in temporary confinement either tethered or within an
enclosed or invisible fence upon p a residential lot with that
property owner's consent; or
4. within a public or private kennel or veterinary hospital; or
5. within a motor vehicle; or
6. enclosed within a structure.
Page 1 of 11
S:\Clients\Cities\Tiffin\ANIb4AI CONTROL MIRS 132\ANIMAL CONTROL AND PENALTY ORD 2008.doc
Last printed 9/23/2008 8:44 AM
kd
C. "Dangerous Animal" means:
1. Any animal which is not naturally tame or gentle, and
which is of a wild nature disposition, and is capable of
killing, inflicting serious injury upon, or causing disease
among human beings or domestic animals and having
known tendencies as a species to do so;
2. Any animal declared to be dangerous by the Tiffin City
Council;
3. Any animal named below:
a. Lion, tiger, jaguar, leopard, cougar, lynx, and bobcat;
b. Wolf, coyote, and fox;
c. Badger, wolverine, weasel, skunk, and mink;
d. Raccoon
e. Bear
f. Monkey and chimpanzee
e. Bats
h. Alligator and crocodile
i. Scorpion
j. Venomous snake or reptile
k. Snake that is a constrictor
1. Gila monster
m. Opossum
n. Ape, baboon, and macaques
o. Piranha
D. "High Risk Animal", except for any dangerous animal, listed
above, is an animal:
1. that unprovoked, has been accused of biting, clawing,
molesting, attacking, or causing injury to a human or
other animal, whether running at large or restrained with
a lease, on private or public property and has previously
been the subject of a public hearing by the City Council;
2. that is not a licensed guard or attack dog, or animal
under the control of law enforcement or a military agency,
or its master or custodian.
E. "Licensed Dog" means any dog wearing a valid, current tag
as defined under Iowa Code Chapter 351.
Page 2 of 11
S:\Clients\Cities\Tiffin\ANIMAL CONTROL MTRS 132\ANIMAL-CONTROL AND PENALTY ORD 2008.doc
Last printed 9/23/2008 8:44 AM
kd
F. "Leash" means a rope of any type or chain of any type that is
not more than ten feet in length.
G. "Owner" means any person owning, keeping, sheltering, or
harboring an animal.
H. "Mayor" means the City of Tiffin Mayor or a person
designated by the Mayor or Council to act on behalf of the
City. Powers granted to the Mayor by this ordinance may
also be exercised by the Johnson County Sheriff's
Department as a part of their law enforcement contract with
the City.
Section 4. Animal Owner Responsibilities.
A. The owner of any animal will provide care and control of any
animal and is responsible for obtaining licenses, permits,
and vaccinations for the animal.
B. The owner of an animal is prima facie responsible for any
violations of this ordinance caused by the animal. Nothing
contained in this ordinance relieves the owner of any animal
from their responsibility Stat of Iowa. by their
animal as provided by the laws of the
Section 5. Dogs and Cats Limit: A property owner or tenant who
occupies any lot or portion of a lot that is zoned residential
may not keep more than three dogs, three cats, at a
residence. Any litters born by any of the animals kept legally
at the residence will be allowed to remain until the puppies
or kittens are eight Wes and will fall under the limitation
considered dogs or cats
above.
Section 6. Animals Running at Large: It is unlawful for an owner to
allow any animals to be at large, as defined in Section 3(B)
within the city boundary limits
Page 3 of 11
S:\Clients\Cities\Tiffin\ANIMAL CONTROL MTRS 132\ANIMAL CONTROL AND PENALTY ORD 2008.doc
Last printed 9/23/2008 8:44 AM
kd
Section 7. Nuisances Caused by Animals:
A. Annoying, Noisy and Bothersome Animals: An Owner may
not allow or permit any animal under their control to emit
any noise, including: frequent and habitual howling,
yelping, barking, or making any noise that annoys,
disturbs, offends, or unreasonably interferes with the
comfortable enjoyment of life or property of the general
public.
B. Damage or Interference: An owner may not allow his or her
animal to cause any damage or defilement to public or
private property.
C. Harassment by Animals: Owners may not allow an animal
to molest any human or animals on public or private
property, when the human or the animal is lawfully on any
property.
D. Accumulation of Wastes: No owner may not allow an
accumulation of the waste from animals to become
detrimental to the public health and the animal's health.
Section 8. Violations. The City will deal with any reported violations
under this Section 7 of this Ordinance, unless the violation
creates an imminent threat to public health safety, in the
following manner: •
A. For any initial reported violation, the City will contact the
person identified as responsible for the animal and note
the reported violation and remind the owner of the
owner's obligation under the ordinance.
B. If a second reported violation occurs, the City will serve a
written notice of violation that notes that any further
violations within the 12 month period will result in the
City filing in court to prosecute the violation of the
ordinance. The 12-month period shall begin on the date of
the written notice.
C. If a third reported violation occurs, the City, without
further notice to the owner, proceed to file against the
Owner for breach of the ordinance.
Page 4 of 11
S:\Clients\Cities\Tiffin\ANIMAL CONTROL MTRS 132\ANIIvIAL CONTROL AND PENALTY ORD 2008.doc
Last printed 9/23/2008 8:44 AM
kd
Section 9. Keeping of"Dangerous" Animals is.Prohibited. No person may keep,
shelter, harbor, act as a temporary custodian, or for any other
purpose, an animal defined "dangerous" in the list above, except for
the following circumstances:
A. exhibition to the public by a bona fide traveling circus, carnival,
exhibit, or show;
B. treatment at a bono fide veterinary hospital;
C. rescue by a wildlife rescue organization with an appropriate
permit from the Iowa Conservation Commission, pursuant to
Iowa Code Chapters 109 and 109A.
Section 10. Disposition of"Dangerous" Animals:
A. Apprehension of the Dangerous Animal. In the event that a
dangerous animal is found at large that creates a hazard to
person or property, the animal, at the discretion of the Mayor or
the Mayor's designee, including the Johnson County Sheriff,
may be destroyed if it cannot be confined or captured. The City
is under no duty to attempt to confine or capture a dangerous
animal found at large. If a dangerous animal creates a hazard
to a person or property, the City or its designee (i.e., Johnson
County Sheriff) may attempt to notify the owner to address the
violation. If the owner cannot be located after reasonable efforts,
the City does not have a duty to notify the owner of the
apprehension of the dangerous animal nor to notify the owner
prior to its destruction. The dangerous animal may be
humanely destroyed in accordance with the law.
B. Receipt by the City of a Written Complaint of Keeping,
Sheltering, or Harboring a Dangerous Animal. Upon the receipt
of a written or oral complaint, as documented by the City Clerk,
stating that a person is keeping, sheltering, or harboring a
dangerous animal upon any premises within the city limits, the
Mayor, or his designee, may cause the matter to be investigated.
If the facts indicate that a person may be keeping, sheltering, or
harboring a dangerous animal, the animal may be immediately
seized and impounded in a location approved by the Mayor,
such as a kennel or veterinary clinic, at the owner's expense. If
after the end of three days of impoundment, the person
identified as "owner" has not come forth to claim the animal, the
City will cause the animal to be disposed of by sale, permanent
placement with an organization or group allowed to possess
dangerous animals, or destroy the animal in a humane manner.
Page 5 of 11
S:\Clients\Cities\Tiffin\ANIMAL CONTROL MTRS 132\ANIMAL CONTROL AND PENALTY ORD 2008.doc
Last printed 9/23/2008 8:44 AM
kd
Section 11. Disposition of"High Risk Animals":
A. Guard Dogs: Owners of guard or attack dog must keep
the dog within a fixed structure at all times. Any guard
dog found at large may be treated as a high-risk animal
pursuant to this ordinance. Any residential or
commercial premises guarded by an attack dog will post
a permanent sign containing the words "Guard Dogs" or
"Vicious Dogs" and the owner of the premises must
inform the Johnson County Sheriff's Office, or the Mayor
that a guard dog is on-duty at the premises.
B. Apprehension of the High-Risk Animal. In the event that
a high risk animal is found at large and creating a
hazard to person or property, such animal, at the
discretion of the City Mayor or his designee, including
the Johnson Count Sheriff, will be destroyed, if it cannot
be confined or captured. However, the City shall be
under no duty to attempt the confinement or capture of a
high-risk animal, found at large. If a high-risk animal
creates a hazard to a person or property and if it is
apprehended, the City or the Johnson County Sheriff's
Department may attempt to notify the owner
immediately. However, if the owner cannot be located
after reasonable efforts, the City or Sheriff has no duty to
notify the owner of the apprehension of the high-risk
animal prior to its destruction. The high-risk animal
may be humanely destroyed or otherwise disposed of in
accordance with the law.
B. Receipt by the City of a Written Complaint of Keeping,
Sheltering, or Harboring a High Risk Animal. Upon
the receipt of a written complaint or an oral complaint
documented by the City Clerk, stating that a person is
keeping, sheltering, or harboring a high-risk animal
upon their premises or that the person has been bitten
by the animal, the Mayor or his designee, may cause the
matter to be investigated by law enforcement personnel,
or the Mayor's designee.
1. If the facts indicate that a person may be keeping,
sheltering, or harboring a high-risk animal, the animal
may be immediately seized and impounded in a
location approved by the Mayor at the owner's expense
until a public hearing is held that allows at least 10
days prior notice to the owner.
Page 6 of 11
S:\Clients\Citiess\Tiffin\ANIMAL CONTROL MTRS 132\ANIMAL CONTROL AND PENALTY ORD 2008.doc
Last printed 9/23/2008 8:44 AM
kd
2. The Mayor, in lieu of impoundment, may permit a
"vicious animal" to be held in a custodian's residence.
In any case, the owner may not remove the accused
animal from the confinement wi thout written
approval of the confining authority and the Mayor.
The owner must agree to make the animal available
for observation and inspection by authorized
representatives for the City without the prior written
.
ftheMa or and the confining authority.
approval of Mayor
Section 12. Public Hearing on Disposition of Seizure, Impoundment, and
Disposition of Dangerous Animals and High Risk Animals.
In the event, that either a dangerous animal or a high risk
animal is apprehended and impounded, or if a written report
filed with the
City
a dangerous or vicious animal is filed Y
must set a public hearing date that is
Council, the City Clerk mus p g
no later than 10 days from the receipt of the report. The City
must provide written notice to the animal's owner, the
complainant, and any witnesses.
The public hearing will provide an opportunity for all
interested parties to appear. Failure of the owner to appear at
the public hearing will not prevent the hearing being held nor
will it prevent the Council from issuing a ruling. If the City
Council determines that the allegations are true, they may
require reasonable terms and conditions or restrictions for
the training, handling, or maintenance of the animal to abate
the condition that instigated the hearing, including but not
limited to:
A. Selection of locations within the owner's property or
premises where the animal must not be kept.
B. Requirement as to size, construction, or design of an
enclosure where the animal may be kept.
C. Specialized training from a trainer or training program,
approved by the City, to correct any of the animal's
behavioral problems.
D. Surgical spay or neuter of the animal.
E. Removal of one or more animals to another location
outside the City.
F. Types and methods of restraint or muzzling or both.
Page 7 of 11
S:\Clients\Cities\Tiffin\ANIMAL CONTROL MTRS 132\ANIMAL CONTROL AND PENALTY ORD 2008.doc
Last printed 9/23/2008 8:44 AM
kd
G. Photo identification or permanent marking or both for
the purposes of identification.
H. If the City determines that
a. the animal is a danger to public health and safety;
b. that the owner has failed to restrain the animal
within reason; and
c. that it is in the public interest to dispose of or
destroy such an animal, then the animal will be
disposed of by sale, permanently placed in an
organization or group allowed under this ordinance
to possess dangerous animals, or have the animal
destroyed in a manner deemed appropriate to the
City. Any of these dispositions may occur after the
passage of five calendar days unless a party
appeals to a court of competent jurisdiction.
Section 13. Anyone violating any of the provisions of this may held by
the City to have committed a simple misdemeanor or
municipal infraction as the City may so elect. Each day a
violation continues constitutes a new violation.
Section 14. License Required. Every Owner of a dog or car over the age
of six months, or of a dog or cat under the age of six months
which is no longer with its dam, shall procure a dog license
or cat license for each fiscal year, from the City, before the
first day of July of the fiscal year for which the license is in
effect, or within thirty days after such dog or cat reaches the
age of six months and is no longer with its dam, or if
brought into the City. The license fee shall be set by
resolution.
The Owner of a cat or dog 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 license upon
application to the City 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 to the City 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, the temporary license shall
automatically become a regular animal license.
After July 1 of each year, delinquent license fees as
determined by the City shall be assessed in addition to the
annual license fee, except in those cases where, by reason of
Page 8 of 11
S:\Clients\Cities\Tiffin\ANIMAL CONTROL MTRS 132\ANIMAL CONTROL AND PENALTY ORD 2008.doc
Last printed 9/23/2008 8:44 AM
kd
residence outside the city limits, age or ownership, the dog or cat was not
subject to licensing on July 1st. Such delinquent fees shall be set by City
Council resolution.
All licenses, regardless of the date of issue, expire on June 30th of the fiscal
year the license was in effect.
At the time of making application for a City license the Owner shall furnish
to the City, a veterinarian's certificate showing that the dog or cat for which
the license is sought has been vaccinated and that such vaccination has
not expired. Upon payment of the license fee established pursuant to this
section, the City 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 shall keep a duplicate of each license issued as a public
record. Upon issuance of the license, the City shall deliver or mail to the
Owner a metal tag with the number of the license and the year in which it
was issued. Every pet animal shall wear the tag at all times. Any method
may be used to attach the tag to the animal, such as a collar or other
suitable device.
The licensing provisions of this section shall not be intended to apply to
dogs or cats whose Owners are residents temporarily within the City, or to
dogs properly trained to assist visually impaired persons for the purpose of
aiding them in going from place to place and provided such dogs are kept
restrained on the owner's property, under supervision or control at all
times, or on a leash at all times.
When the permanent ownership of a dog or cat is transferred, the new
Owner shall, within thirty days from the date of the change of ownership,
make application for a new license as provided for in this section,
regardless of whether or not the dog or cat was previously licensed.
Upon the fling of an affidavit that the license tag has been lost or destroyed,
the Owner must obtain another tag upon payment of a fee set by the City
Council.
Section 15. Penalty Provision. The city may elect, at its sole discreation, to
prosecute any violation either as a simple misdemeanor or a municipal infraction.
Section 16. Repealer. All ordinances or parts of ordinances in conflict with the
provisions of this Ordinance are hereby repealed.
Section 17. Severability. If any section, provision, or part of this ordinance will
be adjudged to be invalid or unconstitutional, such adjudication will not affect
the validity of the ordinance as a whole, or any section, provision, or part thereof
not adjudged invalid or unconstitutional.
Section 18. Effective Date. This ordinance will be in effect after its final e,assa
P g
approval, and posting as provided by law.
On the 8th day of October 2008, at a regular meeting of the Tiffin City Council,
Tiffin, Iowa, Councilperson John Wright introduced Ordinance No. 2008-295,
P g
and moved that it be given its first reading. The motion was seconded by
Councilperson Mike Gericke.
Ayes:Chris Ball, Jim Bartels, Mike Gericke, John Wright
Nays:Mark Petersen
Five members of the council being present and Four having voted "Aye", Mayor
Royce Phillips declared the motion carried, and Ordinance No. 2008-295, was
read the first time and discussed and placed on record.
On the 12th day of November 2008, at a regular meeting of the Tiffin City
Council, Tiffin, Iowa, Councilperson John Wright introduced Ordinance 2008-
295 and moved that it be given its second reading. The motion was seconded by
Councilperson Chris Ball.
Ayes:Chris Ball, Jim Bartels, Mike Gericke, John Wright
Nays: Mark Petersen
Five members of the council being present and Four having voted "Aye", Mayor
Royce Phillips declared the motion carried, and Ordinance No. 2008-295, was
then placed for its final reading.
On the 10th day of December 2008, at a regular meeting of the Tiffin City
Council, Tiffin, Iowa, Councilperson Chris Ball introduced Ordinance 2008-295
and moved that it be given its third reading. The motion was seconded by
Councilperson John Wright.
Ayes: Chris Ball, Jim Bartels, John Wright
Absent: Mark Petersen, Mike Gericke
Nays: None
Three members of the council being present and Three having voted "Aye",
Mayor Royce Phillips declared the motion carried, and Ordinance No. 2008-295,
was passed and adopted.
Whereupon the mayor declared that Ordinance No. 2008-295 be adopted
and signified his approval of same by fixing his signature thereto.
Passed by the council on thel 0th day of December 2008 and
approved by the mayor on the 11 ttday of December 2008.
CI •F TIFFIN, I• A:
/r.r ,
R J IPS, M: or
ATTEST:
RU H DEMUTH, City Clerk
I, Clerk of the City of Tiffin, Iowa, state that an ordinance entitled: AN ORDINANCE
REPEALING ORDINANCE NOS. 1979-80 AND 1984-125 AND 1985-136
ESTABLISHING REGULATIONS FOR THE CONTROL OF ALL ANIMALS
WITHIN THE CITY AND PRESCRIBING A PROCEDURE FOR DISPOSITION
OF DANGEROUS AND VICIOUS ANIMALS and known as No. 2008-295 was
duly passed by the council on the 10th day of December 2008, and
signed by the Mayor on the 11 th day of December 2008, and published on .
the 1 ith day of December 2008, by posting copies thereof in four public
places within the limits of the City of Tiffin, Iowa.
That I posted copies of Ordinance No. 2008-295 in the following places:
Morgan's Service; rxk x ; Solon State Bank of Tiffin; The
Depq Casey' s General Store
UTH DEMUTH, City Clerk
Page 11 of 11
S:\Clients\Cities\Tiffin\ANIMAL CONTROL MTRS 132\ANIMAL CONTROL AND PENALTY ORD 2008.doc
Last printed 9/23/2008 8:44 AM
kd