ORDINANCE NO. V.4

 

ANIMAL PROTECTION AND CONTROL

 

DEFINITIONS:

            1.  “Animal” means a nonhuman vertebrate.

 

            2.  “At Large” means off the premises of the owner and not under the control of a competent person, restrained within a motor vehicle, or housed in a veterinary hospital or kennel.

 

            3.  “Livestock” means an animal belonging to the bovine, caprine, equine, ovine or porcine species; farm deer, as defined in Section 481A.1 of the Code of Iowa; ostriches, rheas, emus or poultry.

 

            4.  “Owner” means any person owning, keeping, sheltering or harboring an animal.

 

AT LARGE PROHIBITED.  It is unlawful for any owner to allow an animal to run at large within the confines of Tama County.

 

DAMAGE OR INTERFERENCE.  It is unlawful for the owner of an animal to allow or permit such animal to pass upon the premises of another thereby causing damage to, or interference with the premises, property or livestock of another.

 

ANNOYANCE OR DISTURBANCE.  It is unlawful for the owner of a dog to allow or permit such dog to cause serious annoyance or disturbance to any person or persons by frequent howling, yelping, barking or otherwise; or by running after or chasing persons, bicycles, automobiles or other vehicles.

 

VICIOUS DOGS.  It is unlawful for any person to harbor or keep a vicious dog within Tama County.  A dog is deemed to be vicious when it has attacked or bitten any person without provocation, or when the propensity to attack or bite persons exists or is known or ought to have reasonably been known by the owner.

 

OWNERS DUTY.  It is the duty of the owner of any dog, cat or other animal which has bitten or attacked a person or any person having knowledge of such bite or attack to report this act to a local Board of Health or law enforcement agency.  It is the duty of physicians and veterinarians to report to the local Board of Health the existence of any animal known or suspected to be suffering from rabies.

 

CONFINEMENT.  When a local Board of Health or law enforcement agency receives information that any person has been bitten by an animal or that a dog or animal is suspected of having rabies, it shall order the owner to confine such animal in the manner it directs.  If the owner fails to confine such animal in the manner directed, the animal shall

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be apprehended and impounded, and after two weeks the Board of Health may humanely destroy the animal.  The owner of the animal shall pay the cost of impoundment and or destroying the animal.

 

AT LARGE IMPOUNDMENT.  Any dog or cat or other animal found at large in violation of this ordinance shall be seized and impounded, or at the discretion of the peace officer, the owner may be served a summons to appear before the proper court to answer charges made thereunder.

 

DISPOSITION OF ANIMALS.  When a dog or cat or other such animal has been apprehended and impounded, written notice shall be given in not less than two days to the owner, if known.  Impounded animals may be recovered by the owner upon payment of impounding costs, and if an unvaccinated dog, by having it immediately vaccinated.  If the owner does not redeem the animal within seven (7) days of the date of notice, or if the owner cannot be located within seven days, the animal may be humanely destroyed or otherwise disposed of in accordance with the law.

 

IMPOUNDING COSTS.  Impounding costs are as established by resolution of the Tama County Board of Supervisors.

 

RIGHT TO KILL TAGGED DOG.  It shall be lawful for any person to kill a dog, wearing a collar with a rabies vaccination tag attached, when the dog is caught in the act of worrying, chasing, maiming, or killing any domestic animal or foul, or when such dog is attacking or attempting to bite a person.

 

PENALTY.  Any person violating the provisions of this chapter shall be guilty of a simple misdemeanor.