HomeMy Public PortalAboutOrdinances-1984-125 ORDINANCE NO. 1984- 125
AN ORDINANCE REGULATING DANGEROUS AND VICIOUS
ANIMALS WITHIN THE CITY OF TIFFIN, IOWA.
BE IT ENACTED by the City Council of the City
of Tiffin, Iowa :
SECTION I . Purpose. The purpose of this Ordinance
is to regulate dangerous and vicious animals within the
City of Tiffin, Iowa for the protection of the health
and well-being of `persons found within the City of
Tiffin.
SECTION II . Definitions. Unless otherwise
expressly stated or the context clearly indicates a
different intention, the following terms shall , for the
purpose of this Ordinance, have the meanings set forth
in this section.
"Dangerous animal" means (a) any animal which is
not naturally tame or gentle, and which is of a wild
nature of disposition, and which 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; (b) any animals
declared to be dangerous by the City Council of the City
of Tiffin; (c) the following animals shall be deemed to
be dangerous animals per se:
(1) Lions, tigers, jaguars ,
leopards, cougars', lynx, and
bobcats;
(2) Wolves , coyotes, and foxes;
(3) Badgers, wolverines, weasels,
skunks, and minks;
(4) Raccoons;
(5) Bears;
(6) Monkeys and chimpanzees;
(7) Bats;
(8) Alligators and crocodiles;
(9) Scorpions;
(10) Snakes and reptiles that are
venemous;
(11) Snakes which are constrictors;
(12) Gila monsters;
(13) Opossums;
(14) All apes, baboons, and
macaques;
(15) Piranhas
"Vicious animal" means any animal , except for a
dangerous animal per se, as listed above, that has
bitten or clawed a person or persons while running at
large when the attack was unprovoked, or any animal that
has exhibited vicious propensities in present or past
conduct, including such that said animal (a) has bitten
or clawed a person or persons on two separate occasions
within a twelve (12) month period; or (b) did bite or
claw once causing injuries above the shoulders of a
person; or (c) could not be controlled or restrained by
the owner at the time of the attack to P revent the
occurrence; or (d) had attacked any domestic animal or
fowl on three separate occasions within at twelve (12)
month period.
SECTION III . Keeping of Dangerous Animals
Prohibited. No persons shall keep, shelter, or harbor
any dangerous animal as a pet, nor act as a temporary
custodian for such animal , nor keep, shelter, or harbor
any such animal for any other purpose or in any other
capacity within the City of Tiffin, except as provided
in Section IV of the Ordinance.
SECTION IV. Dangerous Animal Exceptions. The
prohibitions contained in Section III of this Ordinance
shall not apply to the keeping of dangerous animals in
the following circumstances:
(1) The keeping of dangerous animals for
exhibition to the public by a bona fide traveling
circus, carnival , exhibitor show;
(2) The keeping of dangerous animals in a bona i
P g g
fide licensed veterinary hospital for treatment;
(3) The keeping of dangerous animals by a wildlife
rescue organization with appropriate permit from the
i Iowa Conservation Commission;
(4) Any dangerous animals under the jurisdiction
of and in the P ossession of the Iowa Conservation
Commission pursuant to Chapters 109 or 109A of the Iowa
Code.
SECTION V. Seizure, Impoundment, and Disposition
of Dangerous Animals. In the event that a dangerous
animal is found at large and unattended on public
property, park property, public right-of-way, or the
property of someone other than owner, thereby creating a
hazard to person or property, such animal , in the
discretion of the Johnson County Sheriff ' s Office, the
mayor of Tiffin, or his designee, be destroyed if it
cannot be confined or captured. The City of Tiffin
shall be under no duty to attempt the confinement or
capture of a dangerous animal found at large, not shall
it have a duty to notify the owner of such animal prior
to its destruction.
Upon the complaint of an individual that a person
is keeping, sheltering, or harboring a dangerous animal
per se upon premises in the City of Tiffin, the Johnson
County Sheriff ' s Office, the mayor of Tiffin, or his
designee shall cause the matter to be investigated, and
' if after investigation, the facts indicate that a person
named in the complaint is keeping, sheltering, or
harboring a dangerous animal per se, the Johnson County
Sheriff ' s Office, the mayor of Tiffin, or his designee
shall immediately seize any such animal . An animal so
seized shall be impounded for a period of seven (7)
days. If at the end of the impoundment period the
individual or entity keeping, sheltering, or harboring
such dangerous animal per se has not petitioned the
Johnson County District Court seeking return of such
dangerous animal per se, the Johnson County Sheriff ' s
Office, the mayor of Tiffin, or his designee shall cause
the animal to be disposed of by sale, permanently place
such animal with an organization or group allowed under
this Ordinance to possess dangerous animals, or destroy
such animal in a humane manner. , ,. :
I - ;
Upon the complaint of any individual that a person
is keeping, sheltering, or harboring a dangerous animal
other than a dangerous animal per se on premises in the
City of Tiffin, the Johnson County Sheriff ' s Office, the
mayor of Tiffin, or his designee shall cause the matter
to be investigated, and if after investigation, the
facts indicate the person named in the complaint is
keeping, sheltering, or harboring such a dangerous
animal in the City, the chief humane officer shall order
the person named in the complaint to safely remove such
animal from the City of Tiffin, permanently place the
animal with an organization or group allowed to possess
dangerous animals under this Ordinance, or destroy the
animal within three (3) days of the receipt of such
order. Such order shall be contained in a notice to
remove the dangerous animal , which notice ' shall be given
in writing to the person keeping, sheltering, or
harboring the dangerous animal and shall be served
personally or by certified mail . Such order and notice
to remove dangerous animals shall not be required where
the dangerous animal has previously caused serious
physical harm or death to, any person in which case the
Johnson County Sheriff ' s Office, the mayor of Tiffin, or
his designee shall cause the animal to be immediately
seized and impounded or destroyed if seizure and
impoundment are not possible without risk of serious
physical harm or death to any person.
The order to remove a dangerous animal other than a
dangerous animal per se issued by the Johnson County
Sheriff ' s Office, the mayor of Tiffin or his designee
may be appealed to the City Council of Tiffin. In order
to appeal such an order, written notice of appeal must
be filed with the city clerk within three (3) days after
receipt of the order contained in the notice to remove
dangeous animal . Failure to file such a written notice
of appeal shall constitute a waiver of right to appeal
the order of the Johnson County Sheriff ' s Office, the
mayor of Tiffin, or his designee.
1 4
The. notice of appeal shall state the grounds for 't
such appeal and shall deliver personally or by certified
mail to the city clerk. The hearing of such appeal
shall be scheduled within seven (7) days of the receipt
of the notice of appeal . The hearing shall be continued
for good cause. After such hearing, the city council
may affirm or reverse the order of the Johnson County
Sheriff ' s Office, the mayor of Tiffin, or his designee.
Such determination shall be contained in a written
decision and shall be filed with the city clerk within
three (3) days after the hearing, or any continued
session thereof.
If the city council affirms the action of the
Johnson County Sheriff ' s Office, the mayor of Tiffin, or
his designee, the city council shall order in its
written decision that the individual or entity owning,
sheltering, or harboring or keeping such dangerous
animal , remove such animal from the city, permanently
place such animal with an organization or group allowed
under this Ordinance to possess dangerous animals, or
destroy it. The decision and order shall immediately be
served upon the person or entity against whom it is
rendered in the same manner as the notice of removal .
If the original notice of the chief humane officer is
not appealed and is not complied with within 'three (3)
days or the order of the city council after appeal is
not complied with within three (3) days of its issuance,
the Johnson County Sheriff ' s Office, the mayor of
Tiffin, or his designee is hereby authorized to seize
and impound such dangerous animal . An animal so seized
shall be impounded for a period of seven (7) days. If
at the end of the impoundment period, the individual or
entity against whom the decision or order of the Johnson
County Sheriff ' s Office, the mayor of Tiffin, or his
designee, or the decision of the city council , was
issued has not petitioned the Johnson County District
Court for review of said order, the Johnson County
Sheriff ' s Office, the mayor of Tiffin, or his designee
shall cause the animal to be disposed of by sale,
permanently place the animal with an organization or
group allowed under this Ordinane to possess dangerous
animals, or destroy such animal in a humane manner.
Failure to comply with an order of the Johnson County
Sheriff ' s Office, the mayor of Tiffin, or his designee
issued pursuant hereto and not appealed, or the City
Council after appeal , shall constitute a misdemeanor
offense.
SECTION VI . Keeping a Vicious Animal is Prohibited.
No person shall keep, shelter, or harbor for any reason
within the city a vicious animal so defined herein,
except as provided in Section VII of this Ordinance.
SECTION VII . ' Vicious Animal Exceptions. The
prohibition contained in Section VI of this Ordinance
shall not apply to the keeping of vicious animals in the
following circumstances:
(1) Animals under the control of a law enforcement
or military agency.
(2) The keeping of guard dogs. However, guard dogs
must be kept within a structure, a fixed enclosure, at
all times, and any guard dog found at large may be
processed as a vicious animal pursuant to this
Ordinance. Any premises guarded by a guard dog shall be
permanently posted with a sign containing the words
"Guard Dog" , "Vicious Dog" , or words of similar effect,
and the owner of such premises shall inform the Johnson
County Sheriff ' s Office, the mayor of Tiffin, or his
designee that a guard dog is on-duty on the premises.
SECTION VIII . Seizure, Impoundment, and Disposition
of Vicious Animals.
A. The Johnson County Sheriff ' s Office, the mayor
of Tiffin, or his designee, in his discretion or upon
the receipt of complaint alleging that a particular
animal is a vicious animal as defined herein, may
initiate proceedings to declare such animal as a vicious
animal . A hearing ,on the matter shall be conducted by
the mayor of Tiffin or his designee. The person, firm,
or corporation owning, keeping, sheltering, or harboring'
the animal in question shall not be given less than 72
hours written notice of the time and place of said
hearing. Said notice shall set forth the description of
the animal in question and the basis for the allegation
of viciousness . The notice shall also set forth that if
the animal is determined to be vicious, the owner will
be required to remove it from the city or allow it to be
destroyed. The notice shall be served upon any adult
residing at the premises where the animal is located, or
may be posted on those, premises if no adult is present
to accept service.
B. If, after hearing, the mayor of Tiffin or his
designee determines that an animal is vicious, the mayor
of Tiffin or his designee shall order the person, firm,
or corporation owning, sheltering, harboring, or keeping
the animal to remove it from the city and cause it to be
destroyed in a humane manner. The order shall
immediately be served upon the individual or entity
against whom issued in the same manner as the notice of
hearing. If the order is not complied with within three
(3) days of its issuance, the mayor of Tiffin or his
designee is authorized to seize and impound the animal .
The animal so seized shall be impounded for a period of
serven (7) days. If at the end of the impoundment
period the individual or entity against whomt the order
of the mayor of Tiffin or his designee was issued has
not appealed such order to the city council , the mayor
of Tiffin or his designee shall cause the animal to be
destroyed.
C. The order to remove or destroy a vicious animal
issued by the mayor of Tiffin or his designee may be
appealed to the city council . In order to appeal such
order, written notice of appeal must be filed with the
city clerk within three (3) days after the receipt of
the order to remove or destroy the vicious animal .
Failure to file such written notice of appeal shall
constitute a waiver of right to appeal the order of the
mayor of Tiffin or his designee. •
D. The notice of appeal shall state the grounds
for such appeal and shall be delivered personally or by
certified mail to the city clerk. The hearing of such
appeal shall be scheduled within seven (7) days of the
receipt of the notice of appeal . The hearing may be
continued for good cause. After such hearing, the city
council may affirm or reverse the order of the mayor of
Tiffin or his designee. Such determination shall be
contained in a written decision and shall be filed with
the city clerk within three (3) days after the hearing,
or any continued session thereof.
E. If the city council affirms the actions of the
mayor of Tiffin or his designee, the city council ,shall
order in its written decision that the individual or
entity owning, sheltering, harboring or keeping such
vicious animal , shall remove such animal from the city
or cause it to be destroyed in a humane manner. The
decision and order shall immediately be served upon the
person or entity against whom rendered in the same
manner as the order to remove or destroyed. If the
original order of the mayor of Tiffin or his designee is
not appealed and is not complied with within three (3)
days' or the order of the city council after appeal is
not complied with within three (3) days of its issuance,
the Johnson County Sheriff ' s Office, the mayor of
Tiffin, or his designee is authorized to seize and
impound such vicious animals. An animal so seized shall
be impounded for a period of seve (7) days . If at the
end of that impoundment period the individual or entity
against whom the decision and order of the mayor of
Tiffin or his designee or the city council is issued has
not petitioned to the Johnson County District Court for
a reivew of said order, the mayor of Tiffin or his
designee shall cause the animal to be destroyed in a
humane manner.
F. Failure to comply with an order of the mayor of
Tiffin or his designee issued pursuant hereto and not
appealed, or of the city council after appeal , shall
- f const•itu'te a misdemeanor offense.
G. Any animal found at large which displays
vicious tendencies may be processed as a vicious animal
pursuant to the foregoing, unless the animal is so
vicious that it cannot be safely apprehended, in which_
case the Johnson County Sheriff ' s Office, the mayor of
Tiffin, or his designee may immediately destroy it.
H. Any animal which is alleged to be vicious and
which is under impoundment or quarantine at the animal
shelter shall not be released to the owner, but shall
continue to be held at the expense of the owner pending
the outcome of the hearing. All costs of such
impoundment or quarantine shall be paid by the owner if
the animal is determined to be vicious. If the animal
is not determined to be vicious, all costs of such
impoundment or quarantine shall be paid by the city.
SECTION IX. Repealer. All ordinances or parts
of ordinances in conflict with the provisions of this
Ordinance are repealed.
SECTION X. Savings Clause. If any section,
provision or part of this Ordinance shall be adjudged to
be invalid or unconstitutional such adjudication shall
not effect the validity of this Ordinance as a whole or
any part, provision or section thereof not adjudged
invalid or unconstitutional .
SECTION XI . When Effective. This Ordinance shall
be in effect after its final passage, approval , and
publication, as provided by law.
Passed by the City Council on this 10th day of
October • 1984, and approved this 19th day of
October , 1984.
AYOR Pro-T ' , The Bore 0. Spivey
ATTEST: _
O&LQ2 4 1i'e 'i-
Adelia S. Ker , City
Treasurer and Clerk
Councilman Cox introduced the foregoing Ordinance
which was then duly read and considered by the Council .
Its adoption was moved by Councilman Cox and
seconded by Councilman Morgan . On roll call
vote Councilman Cox, Morgan. Stevens Kobold, Spivey
voted "Aye" . "Nays' .
pro-tem
Whereupon the Mayor declared the motion carried.
Councilman Stevens then moved that the rule or law
requiring three readings of this ordinance on three
different dates be dispensed with._ On roll call
Councilmen Cox, Morgan. Stevens. Kobold, Spivey
voted "Aye" . "Nays" .
The Mayopr^°then declared this Ordinance duly passed and
adopted on this 10th day of October , 1984.
. ,,.17 '� � Attest: ado,e.e.A., ci item_
Theodore O. ' piv , Mayor .Pro-Tem Adelia S. Kern,
Clerk-Treasurer
The foregoing ordinance entitled AN ORDINANCE
REGULATING DANGEROUS AND VICIOUS ANIMALS WITHIN THE CITY
OF TIFFIN, was published on the 15th day of
October . , 1984 by posting copies thereof in three
public places within the limits, two of which are the
mayor ' s office and the post office.
•
P cIJ
Adelia S. Kern- Clerk-Treasurer
I , Adelia S. Kern, City Clerk of Tiffin, Iowa, do
hereby certify that the above is a true and correct copy_ _
µa tij of Ordinance No. 1984( 125 passed by the City Council
of Tiffin, Iowa, at a regular meeting held on the 10th
. day of October , 1984 , as the same appears on file in
my office.
DATED this 10th day of October , 1984.
Adelia S. Kern
Clerk-Treasurer