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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