CITY OF ELY
LINN COUNTY, IOWA
ORDINANCE #187
DANGEROUS AND VICIOUS ANIMALS
SECTION 1. AMENDMENT. Sections 4-1-1-7, 4-1-1-15, 4-1-17 of the Code of Ordinances of the City of Ely,
Iowa, are repealed and the following adopted in lieu thereof:
4-1-1-7. “Dangerous Domestic Animal” shall mean, for the purposes
of this chapter, all of the following:
A. Pit Bull Terriers, including the following:
a. The Bull Terrier breed of dog;
b. The Staffordshire Bull Terrier breed;
c. The American Staffordshire Terrier breed;
d. The American Pit Bull Terrier breed;
e. Dogs
of mixed breed or other breeds which are known as pit bulls, pit bulldogs or
pit bull terriers;
B.
Any dog or other animal which has a known propensity, tendency
or disposition to attack human beings or domestic animals without provocation,
as evidenced by its habitual or repeated chasing, snapping or barking at human
beings or domestic animals so as to potentially cause injury to or to otherwise
endanger their safety; or any dog or other animal that manifests a disposition
to snap or bite.
4-1-1-15.
“Vicious animal” means either of the following:
A.
An animal which inflicts a bite or bites upon and/or attacks a human being or
domesticated animal without cause or justification.
B.
Notwithstanding subparagraph A above, an animal running at large which inflicts
a bite or bites and/or attacks a human being or a domesticated animal, with or
without cause or justification, shall be presumed to be vicious. This
presumption may be rebutted with the burden of proof being on the owner or
possessor of said animal to establish by a preponderance of the evidence that
said animal is not a present danger to people or domesticated animals
4-1-17 VICIOUS, DANGEROUS OR
BOTHERSOME ANIMALS. No
person shall own, keep or harbor a vicious, dangerous or bothersome animal
within the City. Animals kept in the following circumstances are excluded
from this requirement:
A. Public zoos, fully accredited educational or medical institutions; public museums where such animals are kept as live specimens for public viewing; or animals kept for the purpose of instruction or research.
B. Exhibitions to the public by a traveling circus, carnival, exhibit or show.
C. Dangerous animals in a licensed veterinary hospital for treatment.
D. Dangerous animals under the jurisdiction of and in the possession of the State Department of Natural Resources.
E. Animals possessed under authority of a State-issued game breeder’s license or scientific collector’s license.
F. Dangerous animals maintained by the Federal, State or County government or its designee, pursuant to the enforcement of this chapter.
Section 2.
SECTION 4-1-18 ADOPTED.
Section 4-1-18 of the Code of Ordinances of the City of Ely, Iowa is
hereby adopted as follows:
4-1-18 SEIZURE
IMPOUNDMENT AND DISPOSITION OF VICIOUS OR DANGEROUS ANIMALS.
A. At Large. In the event that a dangerous animal or vicious 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, thereby creating a hazard to persons or property, such animal may, in the discretion of the Mayor or Police Officer, be destroyed if it cannot be confined or captured. The City shall be under no duty to attempt the confinement or capture of a dangerous animal or vicious animal found at large, nor shall it have a duty to notify the owner of such animal prior to its destruction.
B. Harboring or Sheltering of a Dangerous or Vicious Animal.
Upon the complaint of any individual that a person is keeping, sheltering or harboring a dangerous animal or vicious animal on premises in the City, the Mayor or Police Officer shall cause the matter to be investigated and if after investigation, the facts indicate that the person named in the complaint is keeping, sheltering or harboring a dangerous or vicious animal in the City, the Mayor or Police Officer shall order the person named in the complaint to safely remove such animal from the City, permanently place the animal with an organization or group allowed to possess dangerous or vicious animals, or destroy the animal within three (3) days of the receipt of such an order. Such order shall be contained in a notice to remove dangerous or vicious animal, which notice shall be given in writing to the person keeping, sheltering or harboring the dangerous animal or vicious animal, and shall be served personally or by certified mail. Such order and notice to remove the dangerous animal or vicious animal shall not be required where such animal has previously caused serious physical harm or death to any person, in which case the Mayor or Police Officer shall cause the animal to be immediately seized and impounded or killed if seizure and impoundment are not possible without risk of serious physical harm or death to any person.
C. Order
Issued, Appeal and Action by Council
The order to remove a dangerous animal or vicious animal issued by the Mayor or Police Officer may be appealed to the Council. In order to appeal such order, written notice of appeal must be filed with the Clerk within three (3) days after receipt of the order contained in the notice to remove dangerous or vicious animal. Failure to file such written notice of appeal shall constitute a waiver of right to appeal the order of the Mayor or Police Officer.
The notice of appeal shall state the grounds for such appeal and shall be delivered personally or by certified mail to the Clerk. Within seven (7) days a date of hearing for such appeal will be set. After such hearing, the Council may affirm or reverse the order of the Mayor or Police Officer. Such determination shall be contained in a written decision and shall be filed with the Clerk within three (3) days after the hearing or any continued session thereof.
If the Council affirms the action of the Mayor or Police Officer, the Council shall order in its written decision that the person owning, sheltering, harboring or keeping such dangerous or vicious animal remove such animal from the City, permanently place such animal with an organization or group allowed to possess dangerous or vicious animals or destroy it. The decision and order shall immediately be served upon the person against whom rendered in the same manner as the notice of removal. If the original order of the Mayor or Police Officer is not appealed and is not complied with within three (3) days or the order of the Council after appeal is not complied with within three (3) days of its issuance, the Mayor or Police Officer is authorized to seize, impound or destroy such dangerous or vicious animal. Failure to comply with an order of the Mayor or Police Officer issued pursuant to this chapter and not appealed, or of the Council after appeal, constitutes a municipal infraction.
SECTION 3. REPEALER CLAUSE. Any ordinance, provision or part thereof, which differs or is inconsistent with this ordinance is hereby repealed, to the extent of said difference or inconsistency.
SECTION 4. SEVERABILITY. If any section, provision or part of this Ordinance shall be adjudged invalid or unconstitutional by a court of competent jurisdiction, such adjudication shall not affect the validity of the ordinance as a whole, or any section, provision or part thereof not adjudged invalid or unconstitutional
SECTION 5. EFFECTIVE DATE. This ordinance shall be in effect from and after it’s final passage, approval, posting and publication as required by law.
Introduced this 12th day of June, 2006, and adopted by the City Council of the City of Ely, Iowa this 12th day of June, 2006.
Dale Stanek, Mayor
Attest:
Aaron Anderson, Clerk/Administrator
I certify the foregoing was posted and published as Ordinance #187 on the day of , 2006, as required by law.
Aaron Anderson, Clerk/Administrator