- NUISANCES AND ANIMAL CONTROL
- 65.01 - PURPOSE.
- The purpose of this chapter is to establish regulations regarding the livelihood and care for animals located within the City. This chapter sets forth standards to ensure the safety of the general public and the proper treatment of animals.
- 65.02 - DEFINITIONS.
- The following definitions apply in the interpretation and enforcement of this chapter.
1. "Abandon" means ceasing to provide control over shelter, food and water for an animal without having made responsible arrangements for such care, custody, and physical control to be provided by another person.
2. "Animal" means any non-human vertebrate.
3. "Animal Control Center" means the Animal Control Center constructed by the City of Burlington, Iowa, which shall be called the "Animal Control Center" including the tract of land which is located at 2000 North Roosevelt.
4. "Animal at large" means any animal off the premises of its owner and on other premises against the wishes of the person in possession of such other premises or upon the public streets, alleys, public grounds, school grounds or parks within the City. An animal is not deemed to be at large if:
A. The animal is on the owner's property; or
B. The animal is confined in a cage or motor vehicle; or
C. The animal is restrained by a leash of sufficient strength to control its action; or
D. A dog is actively engaged in training in dog obedience, for hunting or for other service under continual control of its owner or trainer provided that the owner or trainer is conducting the training in an open public area and is not endangering other users or animals in the area; or
E. The animal is a draft animal engaged in drawing vehicles or conveyances.
5. "Board of Health" means the Des Moines County Board of Health, or its representatives.
6. "Dangerous" means able and likely to inflict injury to a person or person's property or an animal.
7. "Enforcement officer" means an animal control officer, certified peace officer or Board of Health Representative certified by the State of Iowa.
8. "Kennel, boarding" means any place, area, building or structure where animals (including those under one year of age) are boarded, housed, cared for, fed or trained by a person other than the owner.
9. "Kennel, breeding" means any place, area, building or structure where more than one (1) animal is kept for the purposes of breeding or raising for consideration and may be subject to any licensing requirements of the State of Iowa.
10. "Livestock" means any animal usually harbored on agricultural property, including but not limited to, cattle, horses, jacks, goats, sheep, donkey's, guinea fowl, ostriches, poultry (domestic chickens, turkeys, geese, and ducks) or similar domestic animal raised for home use or profit.
11. "Owner" means any person who owns, keeps or harbors an animal.
12. "Protective custody" means removing an animal from the owner if an enforcement officer finds that there is a violation of Section 65.14, Standard of Care, or the premises on which the animal is located is found by such officer to be in such condition as to be a detriment to the health of the animal.
13. "Vicious animal" means but is not limited to:
A. Any animal with propensity, tendency or disposition to attack, to cause physical injury, or to otherwise threaten the safety of human beings or domestic animals; or
B. Any animal which has attacked or bitten a human being or domestic animal; or
C. Any dog owned or harbored primarily, or in part, for the purpose of dog fighting, or any dog trained for dog fighting.
- 65.03 - ANIMALS AT LARGE PROHIBITED.
- All animals shall be restrained by the owners thereof from running at large.
1. Leashing and Conduct in Public Places. No person shall bring any dog or other animal that is owned, sheltered and cared for by any persons into any public park, public playground, public school grounds, public parking lot, public street, or sidewalk unless the animal is on a leash or lead that is no more than twenty-five (25) feet in length and under the complete control of its owner or keeper at all times. No person shall allow any dog or other animal to dig up, mutilate, deface or destroy any such public properties.
Leashing in Central Business District. Notwithstanding the leash length provision of subsection 1, no person shall bring any dog or other domestic animal into any public parking lot, public street or sidewalk within the City's central business district unless the animal is on a leash or lead that is no more than six (6) feet in length and under the control of its owner or keeper at all times. The City's central business district (C-3) is defined in Section 17.20.09.
- 65.04 - ANIMALS IN ESTRUS PROHIBITED. Any female dog or cat in estrus shall be deemed at large if the owner does not keep such animals housed in a building which is completely enclosed, housed in a veterinary clinic, or completely enclosed by a fence of no less than four (4) feet in height when not restrained by the owner on a leash or inside a motor vehicle.
- 65.05 - IMPOUNDING ANIMALS AT LARGE, ABUSED, OR NEGLECTED.
- Any animal found at large shall be apprehended and impounded by an enforcement officer. The enforcement officer shall have the right to enter upon private property when it is necessary to do so in order to apprehend any animal that has been running at large, abused, neglected or subject to quarantine. Such entrance upon private property shall be in reasonable pursuit of the animal at large, abused or neglected and shall not include entry into a domicile unless it be at the invitation of the occupant. If the enforcement officer determines that the animal at large is dangerous or fierce and a threat to human or animal safety and that it cannot be safely captured, the animal may be killed.
- 65.06 - DUTY TO REPORT ANIMAL AT LARGE. It is lawful for any person who finds an animal at large on public or private property to seize and hold the animal. The animal shall be held on the person's property by way of a fence, chain, leash or cord that does not allow the animal to escape from a person's real property. The person shall notify the enforcement officer immediately and shall be responsible for the treatment of the animal while under his or her custody.
- 65.07 - REDEMPTION OF IMPOUNDED ANIMALS. When an animal has been apprehended and impounded for being at large or for any other reason, said animal may be redeemed by the owner, provided proof of rabies vaccination and City tags are provided, the animal has not been declared vicious, upon payment of the appropriate service fee or fees as established by the Council, and provided no petition for the destruction of the animal is on file.
- 65.08 - DISPOSITION OF UNCLAIMED ANIMALS. If the unknown owner of an animal apprehended or impounded cannot be located after not less than three (3) or more than seven (7) days, or if an owner when known, does not, after reasonable notice, claim the animal, the animal may be humanely destroyed or otherwise disposed of. If in the opinion of the enforcement officer, an animal is too sick or injured to keep humanely, the animal may be euthanized.
- 65.09 - RABIES VACCINATION. Every owner of any animal allowed by this chapter shall obtain a rabies vaccination for each animal between three (3) and four (4) months of age and at such intervals thereafter as stipulated by the manufacturers of the vaccines used. This section does not apply to animals in transit that are continuously held in secure cages and animals assigned to research, production of biologics, and licensed animal care shelters or similar facilities.
- 65.10 - FAILURE TO REPORT SUSPECTED RABIES CASES. It is the duty of the owner of any animal which has bitten or attacked a person or is suspected of having rabies or any person having knowledge of such bite or attack or suspicion of rabies to report this to a local enforcement officer.
- 65.11 - CONFINEMENT FOR RABIES DETERMINATION. When an enforcement officer receives information that any person or animal has been bitten by an animal, or that an animal is suspected of having rabies, the enforcement officer shall investigate and may order confinement of the animal in accordance with the provisions of this section. Failure or refusal to comply with such order shall be a violation of this section. Dogs or cats may be confined for observation for ten (10) days at the animal control center or under the care of a licensed veterinarian. Dogs and cats suspected of rabies may be humanely euthanized and examined by an authorized diagnostic laboratory for rabies upon the owner's request or when there has been a severe attack on the face or neck. Animals other than dogs or cats, which are known to have bitten a person or are suspected of rabies shall be examined by a licensed veterinarian. Depending on the veterinarian's recommendation, the animal may be quarantined and/or humanely euthanized and examined by an authorized diagnostic laboratory for rabies.
- 65.12 - RABIES TAGS. All dogs and cats over the age of four (4) months shall wear a collar or harness to which a valid rabies tag is attached. This section shall not apply to dogs being exhibited or trained at a kennel club event or while being transported to and from such event if the dog is properly controlled and the owner or trainer has in his or her possession documentation of valid vaccination and registration.
- 65.13 - LICENSE TAGS. The owner of all dogs and cats shall obtain a current license tag for each dog and cat from the Clerk. Proof of rabies vaccination must be provided prior to the issuance of the license tag and all fees established by the Council shall be paid. These license tags shall be kept on the animal at all times, provided that no tag is needed when the animals are continually contained by a licensed breeding kennel or the animal is less than four (4) months of age.
- 65.14 - STANDARD OF CARE. All owners and keepers of any animal shall comply with the following standards of care. Failure to comply with any standards shall be a violation of this section.
It is the duty of each person keeping an animal to provide adequate food, shelter and water for the animal. No person keeping an animal shall abandon any such animal.
It is the duty of each person keeping an animal to provide adequate food sufficient to maintain an adequate level of nutrition for such animal.
It is the duty of each person keeping an animal to provide adequate outdoor shelter appropriate for the species for such animal when it is kept outdoors. This shelter shall be tangle-free, which means a structurally sound, weather-proof, properly ventilated shelter, which provides access to shade from direct sunlight and regress from exposure to weather conditions.
It is the duty of each person keeping an animal to provide adequate indoor shelter for such animal when it is kept indoors, which means a properly ventilated and illuminated facility, sufficiently regulated by heating or cooling to protect the animal from extremes of temperature, and to provide for its health and comfort.
It is the duty of each person keeping an animal to provide adequate sanitation which means periodic cleaning or sanitizing housing facilities, and any area where the animal is confined or restrained to remove excreta and other waste materials and dirt, so as to minimize vermin infestation, odors and disease hazards.
It is the duty of each person keeping an animal to provide adequate space which means primary enclosures and housing facilities shall be constructed and maintained so as to provide sufficient space.
It is the duty of each person keeping an animal to provide adequate veterinary care.
It is the duty of each person keeping an animal to provide adequate water, which means reasonable access to a supply of clean, fresh, potable water, provided in a sanitary manner 24 hours a day.
It is the duty of each person keeping an animal to keep the animal cleaned and to provide proper grooming as appropriate for the species.
An enforcement officer may impound the animal as provided in Section 65.05.
- 65.15 - SALE OR DISPOSAL OF LIVE ANIMALS; ANIMALS AS PRIZES.
No person shall give away any live animal, fish, reptile, or bird as a prize for, or as an inducement to enter, any contest, game, or other competition, or as an inducement to enter a place of amusement or offer such vertebrate as an incentive to enter.
No person shall sell, offer for sale, raffle, offer or give as a prize, premium or advertising device or display in any store, shop, carnival or other public place a chick, duckling, gosling, or rabbit that has been dyed or otherwise colored artificially.
No person may sell chickens or ducklings younger than four (4) weeks of age in quantities of less than twenty-five (25) to a single purchaser.
- 65.16 - POISONED MEAT. No person shall knowingly expose any poisoned meat or other poisoned substances on public or private property where the same may be taken by any human being or domestic animal.
- 65.17 - DUTIES UPON STRIKING AN ANIMAL.Any person who, as the operator of a motor vehicle, strikes an animal shall report such injury or death to the enforcement officer or the Burlington Police Department.
- 65.18 - ANIMAL NUISANCE. The following acts and circumstances are hereby declared to be nuisances and are therefore prohibited.
The keeping of an animal on private property in such number or in such manner that allows for the accumulation of liquid or solid waste of such animal which becomes a detriment to or menace to the health of the animal, or an annoyance to humans.
Allowing any dog, cat or animal to bay, bark, whine or howl or make a sound of any kind or nature for prolonged periods in such manner as to unreasonably disturb the peace and quiet whether the animal is on or off the owner's premises.
Allowing an animal to cause any damage or defilement to public or private property.
Allowing an animal to molest any person who has a legitimate reason to be on public or private property.
Harboring more than four (4) animals on one property in such a manner that their presence disturbs the peace and comfort of the neighborhood, or causes a menace or detriment to public health.
An enforcement officer may impound the animal as provided in Section 65.05.
- 65.19 - ANIMALS IN MOTOR VEHICLES; RESCUE. No person shall leave an animal unattended in, or tethered to, a standing or parked motor vehicle, in a manner that endangers the health or safety of the animal. The following persons may use reasonable means, including reasonable force, to remove an animal from a motor vehicle when there is an apparent violation of this section.
Enforcement officer under the jurisdiction of a State or local governing body;
A professional of a fire or rescue squad.
The person rescuing the animal shall notify the enforcement officer who may take the animal to a veterinarian for treatment, if necessary, and the cost shall be reimbursed from the person judged to be responsible for leaving the animal unattended.
- 65.20 - ANIMAL RELATED EVENTS. No performing animal exhibition, circus, or animal related event shall be permitted in which animals are induced or encouraged to perform through the use of chemical, mechanical, electrical, or manual devices in a manner which will cause or is likely to cause injury or suffering. All equipment used on a performing animal shall fit properly and be in good working condition. Where applicable, all animal related events, including public auctions, animal exhibitions, and circuses must comply with the standards set out in the Code of Federal Regulations, Title 9, Part 3, Animals and Animal Products.
- 65.21 - ANIMALS IN TRANSPORT. No animal shall be transported in the open bed of a pickup truck, except when the animal is secured inside a cage or kennel or is secured by a leash or tether sufficiently short to keep the animal inside the pickup box at all times. No person shall transport an animal in a box, container, or cage without proper ventilation and proper space requirements for that animal. Applicable standards set out in the Code of Federal Regulations, Title 9, Part 3, Animals and Animal Products shall apply.
- 65.22 - RIDING ANIMALS ON PUBLIC WAYS. No person shall ride any animal on public ground, including but not limited to streets, sidewalks, parks or similar areas, without obtaining written consent from the enforcement officer and the Police Chief.
- 65.23 - ANIMAL WASTE. Any person who walks an animal on private or public grounds shall be responsible for the proper and immediate disposal of the solid waste excreted by that animal, except when the animal is on the owner's or keeper's property. This section does not apply to animals under control of persons with disabilities and especially trained for the purpose of assisting such persons.
- 65.24 - NOTIFICATION OF GUARD DOG LOCATION. Any person who harbors a guard dog in an area not adjoining the owner's residence shall post notice of the animal's presence and purpose at the place where the dog is being harbored.
- 65.25 - SHELTER FEES. From time to time there may be established, by resolution of the Council, a schedule of fees to defray the costs of caring for impounded animals, and failure or refusal to pay such fees shall constitute a violation of this section.
- 65.26 - HARASSMENT OF ANIMALS. It is unlawful to engage in harassment of an animal except when this action is deemed necessary to protect persons or their property from the animal. No person, except the owner of an animal or his/her authorized agent, shall willfully open any door or gate on any private or public premises for the purpose of enticing or enabling any such animal to leave such premises.
- 65.27 - CRUELTY TO ANIMALS. No person shall beat, ill treat, torment, overload, overwork or otherwise abuse an animal, or cause, instigate or permit any fight between animals or humans. It is the duty of any person having knowledge of or observing animal abuse, cruelty or neglect to report such to a local enforcement agent.
- 65.28 - FREQUENT VIOLATORS, NUISANCE ABATEMENT, PROTECTIVE CUSTODY. A violation of any portion of this chapter may cause an enforcement officer to impound the animal so as to abate a nuisance or take the animal into protective custody. When an animal is impounded or taken into protective custody by the enforcement officer, the owner of the animal shall reimburse the City for the expense of nourishing and caring for the animal while impounded or in protective custody of the City. Such animal shall not be released to the owner until such time as the City receives the reimbursement of expense. When an animal is impounded or taken into protective custody on two (2) or more occasions, the enforcement officer shall ensure that the animal is spayed or neutered, and all costs associated with this process shall be paid by the owner before the animal is released into said owner's custody. If the animal is not reclaimed and/or all expenses received by the City within fourteen (14) days from the day the animal is available for release, the animal may be euthanized or made available for adoption.
- 65.29 - SERVICE ANIMALS EXEMPT. Any animal performing a service for the City, including but not limited to, police dogs, search and rescue animals or other similar animal, shall be exempt from this chapter, provided the handler is either employed by the City or a member of an organized search and rescue squad as determined by the enforcement officer.
- 65.30 - TRAINING OF ATTACK ANIMALS PROHIBITED. Any practice and/or procedure designed or intended to increase the aggressiveness and attack propensities of an animal is unlawful.
- 65.31 - LIVESTOCK WITHIN CITY LIMITS.
Purpose. The purpose of this section is to allow for the transition of land from agricultural to residential while maintaining the suburban quality of life within the City limits.
Livestock Prohibited. It is unlawful to maintain or harbor livestock within the City limits without obtaining a livestock permit from the enforcement officer for these animals.
Livestock Permit. Permits shall be given to the livestock owner and will have to be renewed should the owner transfer, sell, or otherwise convey the property to another resident. Livestock permits may be granted by the enforcement officer provided the applicant can show or has met the following conditions in addition to those set elsewhere in the City, State or Federal Codes.
Housing structures for these animals shall be constructed as to minimize noise, smell or other similar nuisance.
The owner must provide a system of disposal for animal waste.
All fences shall be built to meet City Code and shall be maintained to prevent the animal from being at large.
No fence, pen, cage or other housing structure shall be maintained within seventy-five (75) feet of another residential dwelling, commercial establishment, school or church.
Livestock permits may be reviewed at any time throughout the life of the permit. The permit will be automatically reviewed upon receipt of a nuisance complaint to ensure compliance with this chapter. Three (3) or more valid nuisance complaints, as determined by the enforcement officer, may require the revocation of the livestock permit.
Containment Required. Containment of all livestock shall be suitable for the species applied for and shall meet all building and fencing requirements set forth by this Code of Ordinances.
- 65.32 - VICIOUS DOMESTIC ANIMALS.
Purpose. The regulations in this section are established to protect the general public from the hazards associated with vicious domestic animals that are harbored within the City limits.
Duty To Report - General Public. It shall be unlawful for any person to keep or maintain any animal that is declared vicious as provided below. The owner of any animal which has bitten or attacked a person or animal, or any person having knowledge of an attack on a person shall immediately report the incident to an enforcement officer. The report shall include the following information, if possible:
Name and address of person bitten or attacked.
Time and location of bite or attack.
Description of animal.
Name and address of the owner of the animal.
Duty To Report - Medical Personnel. It is the duty of every physician or nurse to notify and submit a written report of a bite or attack within twenty-four (24) hours of the incident. The report shall, if possible, contain the following information:
Name and address of the person being treated.
Any further information needed to prevent rabies or any other diseases from being spread.
Vicious Animal Confined. Upon demand by the enforcement officer, any owner harboring an animal which has bitten or attacked a person shall surrender the animal to the enforcement officer for supervised quarantine. Confinement shall be for a minimum of ten (10) days for observation by a licensed veterinarian and all costs associated with the supervised quarantine shall be the responsibility of the owner. All reports on the condition of the animal shall be in writing and provided to the enforcement officer prior to release.
Procedure for Declaring an Animal Vicious.
An enforcement officer or any adult person may request that an animal be classified as vicious as defined in Section 65.02 by submitting a written complaint. Upon receipt of such complaint, the City shall notify the owner of the animal that a complaint has been filed and that an investigation into the allegations as set forth in the complaint will be conducted.
If the enforcement officer has reasonable cause to believe that an animal is vicious, the enforcement officer shall conduct an investigation into the conduct and propensities of such animal. The enforcement officer may consider, without limitation, provocation, the severity of attack or injury to a person or domestic animal, previous aggressive history of the animal, observable behavior of the animal, the site and circumstances of the incident and statements from interested parties.
The Animal Hearing Board shall conduct a hearing to determine whether an animal is a dangerous or vicious animal. The owner of the animal shall be served with a notice of the hearing by certified mail sent to the owner's last known address at least ten (10) days prior thereto. The hearing shall be held promptly not less than ten (10) or more than thirty (30) days after service of the notice upon the owner, possessor, or keeper of the animal. The service of a notice to appear before the Animal Hearing Board will note the date, time and place of hearing.
The hearing shall be open to the public and shall be recorded. The Board chair may admit into evidence all relevant evidence, including the incident report, the affidavits of witnesses, and live testimony. The Board shall determine, based upon a preponderance of the evidence, whether the animal is a dangerous or vicious animal.
If the determination is that the animal is dangerous or vicious, the owner of the animal shall be so notified in writing. The notice shall also state that the animal shall be euthanized within five (5) working days of the date of the notice, unless the owner requests a stay of ten (10) working days during which to file a petition for district court review of the Board's determination.
The Animal Hearing Board may declare an animal vicious if one of the following criteria is met:
Any animal which, when unprovoked, has chased or approached any person in an apparent attitude of attack or menacing fashion such as snarling, growling, snapping, lurching, lunging or jumping at or upon the person, upon any public or private property other than its owner's or keeper's.
Any animal which has physically injured or killed another domestic animal, livestock or pet while off its owner's or keeper's property.
Any animal which bites, inflicts injury, assaults or otherwise attacks a human being, domestic animal or livestock without provocation on any public or private property.
Any dog which has been used primarily or in part for the purpose of dog fighting, or any dog trained for dog fighting.
The Animal Hearing Board shall not declare an animal to be vicious if any of the following criteria is met:
If any injury or damage is sustained by a person or animal, who at the time the injury or damage was sustained, was committing a willful trespass or other tort upon the premises occupied by the owner or keeper of the animal, was assaulting the animal or was committing or attempting to commit a crime.
If an injury or damage is sustained by a domestic animal which, at the time the injury or damage was sustained, was teasing, tormenting, assaulting, or invading the premises occupied by the owner or keeper of the animal.
If the animal was legally protecting or defending the premises occupied by the owner or keeper of the animal.
Surrender. No person shall fail or refuse to surrender any animal for quarantine or destruction, as required herein, when demand is made therefore by the enforcement officer or Animal Hearing Board.
Disposal Restricted. No owner of any animal known to have bitten any person shall euthanize, sell, give away or transport from this City, or otherwise dispose of the animal until such time as a release is signed by the enforcement officer.
Failure to Appear. If the owner of the animal cannot be found or does not appear in person or by legal counsel for the hearing, the Board shall make a determination by default, without need of any testimony or other evidence, that the animal is vicious, dangerous as well as abandoned, and the animal shall be euthanized without further notice to the owner.
Time for Euthanasia. Upon a determination that the animal is vicious, it shall be euthanized after five (5) working days from the date of notice to the owner or upon the expiration of any stay if no petition for writ of certiorari is filed with the district court. If, at the end of that period, the City has not received notice from the owner, the animal shall be euthanized without further notice to the owner.
Impoundment Costs. 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.
(Ord. 3279 - Feb. 10 Supp.)
- 65.33 - DANGEROUS WILD ANIMALS.(Repealed by Ord. 3253 - May 08 Supp.)
- 65.34 - PROHIBITION ON TRAPPING. It is unlawful for any person to set and maintain animal or bird traps upon public or private property at any time except as follows:
Traps set and maintained by the City enforcement officers, or by persons acting under written permission of such officers, for the purpose of controlling animals determined by such officials to be a public hazard or nuisance.
Humane live box traps on public or private property, with the written permission of the City enforcement officer. Such permission must detail the approximate location of each trap and bear identification of the trap's owner. Such permission shall be withheld if the traps used and/or the locations of placement are deemed to be cruel or a hazard to people or domestic animals.
Instant kill traps designed for small rodents pest control.
The use of conibear traps, snare traps, steel jaw traps, leg-hold traps, spring traps, or any similar device designed to catch and hold the animal by the leg or other part of the body; or which is likely for any reason to cause injury, pain and suffering before death, is prohibited.
- 65.35 - PENALTY.
- Any person violating any of the provisions of this chapter shall, upon conviction, be subject to the penalties set forth in Section 1.14 of this Code of Ordinances. Each and every day that a violation occurs or continues shall be deemed a separate offense.
(Ch. 65 - Ord. 3190 - Feb. 04 Supp.)
58.23 - ADDITIONAL REMEDIES.