[1]
Editor's Note: Prior ordinances codified herein include portions
of Ords. 75-3, 78-920 and prior code §§ 4-1, 4-3, 4-4,
4-9, 4-10, 4-11, 4-11A and 4-11B.
[Ord. 2003-210 (part); Ord. 02-573 § 1; Ord. 2000-285 § 1; Ord.
93-283 § 1 (part)]
For the purpose of this chapter, certain terms and words are
defined as set forth in this section unless otherwise defined herein.
A.
ADEQUATE FOOD - Means the provision, at suitable intervals as the
dietary requirements of the species so require, of a quantity of wholesome
foodstuff suitable for the species and age sufficient to maintain
a reasonable level of nutrition in each animal. The foodstuff shall
be served in a clean receptacle, dish, or container.
B.
ADEQUATE WATER - Means reasonable access to a supply of clean, fresh,
potable water provided in a sanitary manner and provided at suitable
intervals for the species not to exceed 24 hours at any one interval.
C.
ANIMAL - Means a living organism, other than human beings, birds,
fish, or invertebrates, domesticated or wild, and distinguished from
other living things by structural and functional characteristics such
as locomotion.
D.
ANIMAL CONTROL OFFICER - Means any humane officer employed by a humane
society under contract with the City, any animal control officer under
the jurisdiction of the chief of police, or any other person authorized
by the City Administrator to enforce the provisions of this chapter
by means of appropriate police powers.
E.
ANIMAL SHELTER - Means a facility which is used to house or contain
dogs, cats, or other animals, and which is owned, operated or maintained
by the City or operated under contract with the City for the purpose
of humane boarding of animals impounded under the provisions of this
chapter or any other ordinance.
F.
BOARDING KENNEL - Means a place or establishment other than an animal
shelter or pound where dogs, cats, or other animals, not owned by
the proprietor, are sheltered, fed and watered in return for consideration.
G.
CAT - Means all members of the feline species regardless of sex.
H.
COMMERCIAL BREEDER - Means a person, engaged in the business of breeding
dogs or cats, who sells, exchanges, or leases dogs or cats in return
for consideration, or who offers to do so, whether or not the animals
are raised, trained, groomed, or boarded by the person. A person who
owns or harbors three or less breeding males or females is not a commercial
breeder.
I.
COMMERCIAL KENNEL - Means a kennel which performs grooming, boarding,
or training services for dogs or cats in return for consideration.
J.
COMMISSION - Means the natural resources commission of the Department
of Natural Resources created and established by the Code of Iowa.
K.
DOG - Means all members of the species Canis familiaris.
1.
A "dangerous dog" means any dog that (i) while unmuzzled, unleashed,
or without the supervision of a person whose verbal commands are obeyed
charges or chases in a terrorizing manner with an apparent attitude
of attack any person who is upon a street, alley, sidewalk or other
public place; or (ii) has a known propensity, tendency or disposition
to attack without provocation or to otherwise threaten the safety
of persons or domestic animals; or (iii) an animal trained, owned,
or harbored for the purpose, primarily, or in part, of animal fighting.
2.
A "vicious dog" means any dog that (i) unprovoked, bites or attacks
a person causing bodily injury as defined by Iowa Code 702.18; or
(ii) severely injures or kills another domestic animal; or (iii) has
been found to be a dangerous dog on two or more occasions.
3.
A dog may be declared dangerous or vicious even if it bites, attacks
or menaces a trespasser on the dog's owner's property or a person
who is contemporaneously tormenting, teasing or abusing the dog.
L.
EUTHANASIA - Means the humane destruction of an animal accomplished
by a method that involves instantaneous unconsciousness and immediate
death or a method that involves anesthesia, produced by an agent which
causes painless loss of consciousness, and death during the loss of
consciousness.
M.
FUR-BEARING ANIMALS - Means the following which are declared to be
fur-bearing animals for the purpose of regulation and protection under
this chapter: beaver, badger, mink, otter, muskrat, raccoon, skunk,
opossum, spotted skunk or civet cat, weasel, coyote, bobcat, wolf,
groundhog, red fox, gray fox, and any other animals defined as fur-bearing
by the commission.
N.
GUARD DOG - Means any dog trained or used to protect persons or property
by attacking or threatening to attack any person found within the
area patrolled by the dog such dog being either securely enclosed
within the area at all times or under the continuous control of a
trained handler.
O.
HOUSING FACILITIES - Means any room, building or area used to contain
a primary enclosure or enclosures.
P.
OWNER - Means any person having a right of property in an animal,
or who keeps or harbors an animal, or who has it in his or her care,
or who acts as its custodian, or who knowingly permits an animal to
remain on or about any premises owned or occupied by him or her for
three or more days.
Q.
PERSON - Means an individual, partnership, corporation, or association
and includes any officer, employee, or agency thereof.
R.
PET SHOP - Means an establishment where any dog, cat, rabbit, rodent,
fish other than live bait, bird, or other vertebrate animal is bought,
sold, exchanged, or offered for sale.
S.
PRIMARY ENCLOSURE - Means any structure used to immediately restrict
an animal to a limited amount of space, such as a room, pen, cage
or compartment.
T.
TAKE - Means any pursuing, hunting, killing, trapping, snaring, netting,
searching for, shooting at, stalking or lying in wait for, or attempting
any for the foregoing, any animal protected by state laws, regulations
or rules adopted by the commission or this ordinance.
[Ord. 2015-118 § 5; Ord. 2006-211 § 1; Ord. 2003-210 (part); Ord. 02-573 §§ 2-4; Ord. 2000-285 § 2; Ord. 93-283 § 1 (part)]
A.
Every dog and every cat shall be licensed. Dogs and cats shall be
licensed within 30 days of the date they are initially inoculated
for rabies and annually within 30 days' time of the date of the current
rabies vaccination. No person shall have, harbor, keep or possess
any unlicensed dog or cat in violation of this chapter.
B.
Licenses shall be purchased from the humane society or a consenting
veterinarian practicing in Davenport within 30 days of the animal's
most recent rabies vaccination date. A person must present evidence
of a current rabies vaccination signed and administered by a licensed
veterinarian which shows the date of the vaccination, type of vaccination
and the date of the next, subsequent revaccination.
C.
Licenses are not transferable between animal owners or animals.
D.
Annual license fees shall be as follows:
1.
Neutered/spayed dog or cat (altered) $10
2.
Non-altered dog or cat $30
3.
Dog declared dangerous $150
4.
Dog declared vicious $350
In lieu of an animal owner obtaining a license annually, the
owner may purchase a multi-year license, which may be obtained to
cover the period for which the current rabies vaccination is effective
(a multiple year license). The fee for a multi-year license shall
be calculated by multiplying the applicable annual license fee by
the number of years the current rabies vaccination covers.
E.
Residents age 60 or older and residents who are recipients of Social
Security Disability Insurance Benefits may license their neutered
dogs or cats for an annual fee of $1.
F.
Altered dogs, duly and properly trained to aid or assist any person
who is blind, deaf or physically handicapped, may be licensed for
$1 annually when the dog is owned or maintained by a person actually
training the dog to be used to aid or assist persons who are blind,
deaf or physically handicapped, or is owned by a blind, deaf or physically
handicapped person. The burden of proving that a dog is being trained
to assist a person who is blind, deaf or physically handicapped is
on the person seeking to license the dog. The humane society may require
documentation of the person's affiliation with an organization established
for the purpose of training dogs to provide aid or assistance to blind,
deaf or physically handicapped persons or whatever evidence the humane
society deems satisfactory to establish the validity of such claim.
G.
The owner of a dog that has been declared a dangerous dog may qualify
to license said dog for the normal licensing fee upon proof that the
owner and said dog have attended and successfully completed a dog
obedience class or similar program approved by the humane society.
H.
Upon proof of loss, a duplicate license tag may be obtained upon
payment of a $2 replacement fee.
I.
A person owning or possessing any dog or cat who moves into the City
shall obtain a license for said animal within 30 days of the date
the person takes up residency in Davenport.
J.
Notwithstanding the licensing requirements of this chapter, the following
animals shall not be required to be licensed while in the City:
1.
Animals whose owner or custodian is a nonresident of the City and
who are visiting within the City temporarily. Temporarily means for
a period of time 30 days or less within any consecutive twelve-month
period.
2.
Animals brought into the City for participation in a show, exhibition,
demonstration or exhibit and which remain in the City for a period
of 30 consecutive days or less.
K.
The executive director of the Scott County Humane Society or an animal
control officer of the humane society may revoke a person's privilege
to license and keep a dog or cat within the City. Such revocation
shall be for a period as determined by the executive director or animal
control officer. Revocation of the privilege to license and keep a
dog or cat within the City may be initiated if the owner or custodian
of the dog or cat has committed any violations of the provisions of
this chapter, except that violations for failing to license a cat,
nondangerous dog or nonvicious dog shall not be included as violations
leading to revocation within any consecutive twelve-month period.
A violation shall be shown by a conviction upon a citation or a finding
by the Deputy City Clerk or by a non-appealed notice of violation.
L.
An owner or custodian whose privilege has been revoked shall, within
10 days after notice of the revocation, remove from their residence
all dogs and cats which the person owns, keeps, harbors or maintains.
If the license is revoked, the owner or custodian shall surrender
the animal to the humane society or permanently remove the animal
from the (City/county) within five calendar days after either the
time for appeal has expired or the decision of the Deputy City Clerk
has been served on the owner or custodian. If the animal is found
in the City after the five-day period, it shall be immediately impounded.
Failure to remove a dog or surrender it to the humane society may
be prosecuted as a municipal infraction violation or simple misdemeanor.
An owner whose license has been revoked shall inform the humane society
in writing upon the animal's removal from the City/county the name,
address and telephone number of the animal's new owner, the location
where the animal will be kept and the name and description of the
animal. In addition, the owner shall notify the new owner in writing
of any details concerning any and all complaints concerning the animal,
and any terms, conditions or restrictions imposed by the humane society
as to the animal. The owner shall provide the humane society with
a copy of the notification provided to the new owner as well as an
acknowledgment by the new owner of the receipt thereof.
M.
Upon revocation of a person's privilege to license and keep dogs
or cats, no part of the licensee fee shall be refunded.
N.
During the period of revocation, any dog or cat which the person
owns, keeps, harbors or maintains at their residence may be immediately
confiscated upon its discovery and disposed of by the humane society
absent clear and convincing proof that the animal or animals belong
to a person visiting the resident.
O.
The humane society or animal control officer shall provide the owner
or custodian of the animal or animals, as shown on the records at
the humane society, so confiscated with notice of the confiscation.
If the animal or animals are unlicensed or no record exists as to
the owner or custodian of an animal, notice of confiscation shall
be directed to the address of the residence.
P.
Any person whose privilege to license and keep animals has been revoked,
but who owns, keeps, harbors or maintains a dog or cat during the
period of the revocation shall have an additional period of up to
one year added to the original period of revocation for each violation
of the revocation.
Q.
The notice of revocation or notice of extension of the revocation period, or notice of confiscation of any animal may be appealed as provided in Section 2.86.020 of the City code. If appealed the hearing shall be scheduled and held as provided by the procedures in Chapter 2.86 of the City code. If the City demonstrates sufficient evidence in support of its determination the burden shall shift to the appealing party to demonstrate by clear and convincing evidence that he or she has had no role in the care, supervision, possession or control of the animal or that the incident which caused the enforcement action by the City was caused by a third party or event not under the supervision or control of the appealing party. If no timely appeal is filed the notified person shall be deemed to have waived all rights to challenge the action taken by the City.
R.
When permanent ownership of an animal is transferred, the new owner
shall, within 14 days from the date ownership is assumed, obtain a
license if the animal is required to be licensed pursuant to this
chapter.
S.
An application to license a dangerous or vicious dog must include
presentation by the applicant of a certificate of insurance issuance
by an insurance company licensed to do business in this state which
provides personal liability insurance coverage for the death or injury
of any person, or damage to property of others, and for acts of negligence
of the owner or owner's agents in the keeping of said dangerous or
vicious animal. The minimum amount of coverage shall be $50,000 for
an animal declared dangerous, and $100,000 for an animal declared
vicious. The certificate of insurance shall also require notice to
the City, in conformity with general City standards for certificates
of insurance, if the underlying policy of insurance is cancelled for
any reason. In lieu of such a certificate, a copy of a current homeowner's
policy designating these requirements shall be sufficient proof of
insurance for purposes of this subsection. If said certificate is
not immediately available, a binder that indicates the proper coverage
may be accepted for up to 30 days subsequent to the determination
that an animal is dangerous or vicious; however, if after 30 days
a certificate of insurance or a policy has not been submitted, the
animal shall be deemed unlicensed and be disposed of at the discretion
of animal control officers. The prescribed insurance coverage, whether
it be certificate, policy, or binder, must be obtained within 10 days
of the declaration of the animal as dangerous or vicious, with retention
of the animal by animal control officers until compliance with this
subsection is assured.
[Ord. 93-283 § 1
(part)]
The license tag obtained pursuant to Section 6.04.020 shall be securely attached to a substantial collar which collar shall be worn by the animal at all times. License tags are not transferable to any other animal. Upon demand, the owner of an animal shall display the City license to an animal control officer or Davenport police officer.
[Ord. 2000-285 § 3; Ord. 93-283 § 1 (part)]
A.
All dogs, cats and ferrets shall be inoculated against rabies by
a licensed veterinarian upon such animal attaining the age of six
months old. Rabies vaccinations shall be readministered at least once
every three years for dogs and cats and once every year for ferrets
or as otherwise recommended by the United States Department of Agriculture.
B.
A person who acquires a dog, cat or ferret that does not have a current
rabies vaccination certificate shall have the animal inoculated for
rabies within 30 days after the animal was acquired or within 30 days
of the animal attaining the age of six months, if the animal was not
yet six months old when acquired.
C.
The owner or custodian of any animal required to be vaccinated against
rabies shall keep a current rabies vaccination tag securely attached
to a substantial collar which shall be worn by the animal at all times.
D.
Whenever a veterinarian inoculates an animal for rabies the veterinarian
shall complete a rabies vaccination report which shall be forwarded
to the City or its designee. The report shall contain the following
information:
1.
The name, age and sex of the animal;
2.
A general description of the animal;
3.
The date the current vaccination was given to the animal;
4.
The revaccination date;
5.
The vaccination tag number assigned to the animal; and
6.
The name and address of the animal's owner or custodian.
The veterinarian shall sign the report and all reports shall
be sent to the humane society within 30 days of the administration
of the vaccination.
[Ord. 93-283 § 1
(part)]
A.
Any person having knowledge of any dog, cat, or ferret bite or scratch
which has caused a skin abrasion upon any person or for which the
victim required medical attention, which bite or scratch occurred
within the City, shall immediately report such fact to the Davenport
Police Department. This section shall not apply if said bite or scratch
occurred while the animal was being treated, confined, or housed within
a veterinary hospital or clinic and that facility knows such animal
is currently inoculated for rabies and has the certification to prove
such inoculation. In such cases reporting of the bite or scratch shall
be discretionary with the veterinary hospital or clinic.
B.
Any animal that has been involved in biting a person or other animal
must be quarantined for 10 days from the date of the bite. Such confinement
may be at the premises of the owner if deemed appropriate and sufficient
safeguards are provided to the discretion of the animal control officer
and/or the Scott County Health Department. If an animal is not quarantined
at the owner's premises it shall be confined at the animal shelter
or at a licensed veterinary hospital of the owner's choosing. All
costs of the quarantine shall be the owner's liability. This section
shall not apply to police canines.
C.
The owner of an animal that has been reported as having inflicted
a bite on a person or other animal shall, on demand, produce the animal
for examination and quarantine to an animal control officer or police
officer. It is unlawful to fail to or refuse to produce such an animal.
Failure to produce an animal demanded shall subject the owner or custodian
to arrest if probable cause exists to believe the animal inflicted
a bite on a person or other animal.
D.
It is unlawful for any person to remove any animal which has been
quarantined pursuant to this chapter from its place of quarantine
without the express consent of an animal control officer and/or Scott
County Health Department officer.
[Ord. 2017-451 § 2; Ord. 2017-46 § 2; Ord. 93-283 § 1 (part)]
A.
Notwithstanding the provisions of Chapter 6.06 of the Davenport Municipal
Code, it shall be unlawful to maintain, keep or harbor any cattle,
swine (except Vietnamese or Asian potbellied pigs), sheep, llamas,
horses, jacks, goats, guinea fowl, ostriches, poultry (domestic chickens,
turkeys, geese, and ducks), or similar domestic animals raised for
home use or for profit within the City limits unless the property
upon which such animals are maintained, kept or harbored is zoned
as agricultural property. This section shall not apply to a bona fide
zoological garden, pet shop, educational institute, circus, carnival,
or veterinary hospital treating such animals.
B.
It shall be unlawful for any person to ride any animal upon the public
or private sidewalks within the City, nor shall any person ride any
animal upon a public street or right of way during the hours of sunset
to sunrise, except for public parades for which a permit has been
issued by the City.
C.
The lawful keeping of livestock, which is otherwise unlawful by reason
of the enactment of this chapter, may be continued upon property located
within the City provided livestock was maintained thereon prior to
the enactment of this chapter, and may be continued until such time
as livestock is no longer kept or maintained upon such property. The
burden of proving the maintenance of livestock upon a parcel of land
within the City proper to the enactment of this chapter shall lie
with the person claiming such prior existence. Nothing herein shall
be deemed to exempt an owner of livestock within the City limits from
the enforcement of nuisance or other laws regarding the keeping of
such livestock.
[Ord. 2003-210 (part); Ord. 02-573 § 7; Ord. 2002-501 § 1; Ord.
2000-285 § 4; Ord. 93-283 § 1 (part)]
A.
It shall be unlawful for the owner or custodian of any dog, cat,
or other animal to fail to keep the same from running at large within
the City. For the purpose of this chapter an animal shall not be deemed
running at large, even if the animal is not restrained, as long as
one of the following situations applies:
1.
When the animal is restrained either upon the premises of the owner or custodian or upon another's premises with the permission of the owner of that premises, so long as the animal is restrained in such a manner that it cannot enter on the public streets, sidewalks, alleys, other public areas, or property not owned by the owner, custodian, or permittee, unless the animal has been declared dangerous or vicious, in which case the provisions of Section 6.04.110 shall apply.
2.
When the animal is confined or restrained upon the premises of the
owner or custodian within a secured building, or within a secured
pen, enclosure or similar structure which has secured sides, bottom,
and top such that the animal cannot escape, or within fencing or similar
means secured such that the animal cannot escape and which is fastened
by an adequate locking device.
3.
When an animal is enclosed within an automobile or other vehicle
of its owner or custodian such that it cannot escape and such that
said confinement does not endanger the animal's health or well-being.
4.
When the animal is being walked off the premises of its owner or
custodian so long as the animal is on a leash not more than six feet
in length and under the control of a person competent to restrain
and control the animal.
5.
When the animal is properly housed in a veterinary hospital or registered
kennel.
B.
Notwithstanding any provision to the contrary, animals injured or
killed on or along public streets or public rights-of-way shall be
deemed running at large. The animal control officer or Davenport police
officer shall remove all such animals and at his or her discretion
take such an animal needing medical attention to a veterinarian or
animal shelter. The owner or custodian of such an animal shall be
responsible and liable for the expenses of medical treatment and care
as well as impoundment fees and any other penalties imposed by this
chapter.
C.
Every female dog or cat in heat shall be confined in a building or
secure enclosure during the period of heat, in such a manner as will
prevent the animal from coming into contact with the other animals
unless the animal is used in a planned breeding situation. An animal
is deemed to be in heat when it is in an estrogous state or ovulating.
Nothing in this subsection shall be construed to prohibit exercising
the animal provided the animal is restrained on a leash or similar
restraint not more than six feet in length and is under the control
of a person competent to restrain and control the animal or from transporting
such animal within a motor vehicle.
D.
Any dog, cat, or other animal which is found in violation of this section may be impounded. Any such animal impounded may be redeemed by its owner or custodian within five days from the time specified in Section 6.04.140 and upon payment of the applicable redemption fee, current rabies vaccination fee unless current rabies inoculation is proven, the current licensing fees and penalties if the animal is unlicensed, impoundment fees, and the fees, costs and charges for any emergency medical treatment administered to the animal. Redemption fees are as follow:
E.
Any violation of this section may result in the immediate apprehension and impoundment of the animal by an animal control officer. After the time specified in Section 6.04.140 the humane society may dispose of an unredeemed animal. If an animal control officer is unable to apprehend an animal or impoundment is not feasible, the animal control officer shall provide the owner or custodian of the animal with a notice of violation under the procedures contained in Section 6.04.155.
[Ord. 2000-285 § 5; Ord. 93-283 § 1 (part)]
A.
A person who does any of the following to an animal commits animal
neglect:
1.
Confines the animal without adequate food, water or shelter, or in
a manner that creates an unreasonable threat to the animal's health
or safety;
2.
Fails to supply adequate food or water to an unconfined animal owned
or cared for by the person;
3.
Causes injury or death to an animal when disciplining it;
4.
Causes unnecessary pain and suffering to an animal by failing to
adequately tend to the animal's health needs or grooming.
B.
The disposition of a neglected animal shall be governed by state
law.
C.
No person shall torment, tease or harass any tied, fenced or otherwise
confined animal.
D.
No person shall expose any poison, poisonous meat or poisonous substance
anywhere within the City for the purpose of poisoning any animal.
This section shall not apply to a person who exposes poisons about
a premises, in accordance with the labeling instructions on the poisonous
product, for the purpose of exterminating insects, mice or rats. The
use of any poison other than one specifically produced for exterminating
insects, mice or rats shall be prima facie evidence of a violation
of this section.
E.
No person shall abandon any animal or cause such to be done, except
that a person may deliver an animal to another person who accepts
ownership of such animal or the person may deliver an animal to the
humane society.
F.
A violation of this section may be charged as a simple misdemeanor.
[Ord. 93-283 § 1
(part)]
A.
An owner or custodian of any animal shall keep all structures, pens,
coops, or yards wherein an animal is confined clean and free from
excrement and the odor arising from excrement. Such area shall also
be clean and free of vermin and any thing that is likely to become
putrid, offensive, or injurious to health. An area, structure, pen,
coop, or yard not maintained in a clean and sanitary condition may
be declared a public nuisance.
B.
It shall be unlawful for an owner or custodian to permit an animal
to discharge excrement upon any public property, common area, common
thoroughfare, street, sidewalk, alley, play area, park or private
property unless the excrement is immediately picked up and disposed
of in an appropriate refuse container. If the owner of private property
has given another owner or custodian permission for their animal to
use their private property then this section shall not apply to that
particular usage.
C.
Animal excrement shall not be placed in storm sewers or street gutters,
but shall be picked up and disposed of in a sanitary manner in an
appropriate refuse container.
[Ord. 02-573 § 8; Ord. 93-283 § 1 (part)]
A.
It is unlawful for any person to keep or maintain at any one location
within the City more than four of the following types of animals,
those being dogs, cats, ferrets, and potbellied pigs; and of those
four no more than three shall be of the same species. This limitation
applies to animals that are more than six months old or animals that
are from more than one litter that are more than three months old.
This limitation shall not apply to any person provided that person
(1) is licensed to operate a kennel, animal shelter, pet shop, boarding
kennel, commercial kennel, commercial breeder operation, veterinary
hospital, zoological garden, circus, carnival, educational or medical
institution, or research facility as defined by state law, and said
person is in compliance with the zoning ordinances of the City, or
(2) if such animals are kept or maintained upon property zoned as
agricultural property within the City, or (3) if said person has applied
for and obtained a permit to keep more than four animals from the
Humane Society of Scott County and said person keeps said animals
within a residentially zoned district and exception (1), above, does
not apply to said person. Upon receipt of an application for a permit
as provided by this section and the payment of a $10 fee, an animal
control officer shall inspect the applicant's animal housing facilities
and the sanitary condition of the same. If the housing facilities
are adequate and kept in a sanitary condition an excess number of
animals permit shall be issued.
B.
Indoor pets such as gerbils, hamsters, guinea pigs, mice, birds,
fish, snakes and reptiles, and similar animals normally maintained
as pets in an enclosure inside of a dwelling are not proscribed by
this section unless specifically regulated by other sections.
C.
If a person is found to be keeping more than four animals without
the permit required by this section, the excessive number of animals
may be immediately removed from the property and impounded. Any such
impounded animals shall be held for seven days and if the owner has
not either complied with the requirements of this section or petitioned
the court for the return of the animals by the end of the seventh
day, the animal shelter shall seek to permanently place the animals
or euthanize such animals.
[Ord. 2000-285 § 6; Ord. 93-283 § 1 (part)]
A.
It shall be unlawful for any person to own, possess, harbor, maintain,
sell or traffic in any of the following wild, exotic or dangerous
animals.
1.
All poisonous snakes and poisonous reptiles; all nonpoisonous snakes
greater than 10 feet in length; Gila monsters, alligators, crocodiles
and caimans;
2.
Gorillas, chimpanzees, orangutans, baboons, and other non-human primate
mammals, both arboreal and nonarboreal.
3.
Any species of feline not falling within the categories of ordinary
domesticated house cats as established by the American Cat Fancier
Association;
4.
Bears or any species;
5.
Raccoons, porcupines, skunks, badgers, and other similar fur-bearing
animals except ferrets;
6.
Foxes, wolves, coyotes, or other species not falling within the category
of canis familiaris.
7.
Any animal of any species known to be vicious or dangerous, excluding
canis familiaris.
B.
The prohibition contained in Section 6.04.100A of this chapter shall not apply to the keeping of poisonous snakes, poisonous reptiles, Gila monsters, crocodiles, alligators and caimans provided that the owner of such an animal is 18 years of age or older, and that person has either (1) received a bachelor of science degree based upon courses of instruction which included courses in herpetology from an accredited college level institution, or (2) has successfully completed a course of instruction taught under the auspices of a bona fide municipal zoo on the proper handling, care and keeping of such animals, or (3) has completed a course of instruction of at least 20 hours duration at an accredited educational institution on the care, handling, and keeping of reptiles, and (4) has applied for and received from the Humane Society a permit to keep such animals, such application to be on a form approved by the City Council.
C.
The prohibition contained in Section 6.04.100 A., as to non-specified other primates, shall not apply to the keeping of primates provided that the owner of such an animal is 18 years of age or older, and that person has either a bachelor of science degree based upon courses of instruction which included courses in primatology from an accredited college level institution, or (2) has successfully completed a course of instruction taught under the auspices of a bona fide municipal zoo on the proper handling, care and keeping of such animals, or (3) has completed a course of instruction of at least 20 hours duration at an accredited educational institution on the care, handling, and keeping of primates, and (4) has applied for and received from the Humane Society a permit to keep such animals, such application to be on a form approved by the City Council.
D.
This subsection shall not apply to any bona fide zoological garden,
bona fide educational or medical institution, museum, veterinary hospital,
wildlife rescue entity or wildlife rehabilitation entity with an appropriate
permit from the state, any such animals under the jurisdiction of
the commission, game breeders, a circus or carnival licensed by the
City, nor shall it apply to a bona fide research institute or facility
using wild, exotic or dangerous animals for scientific research. In
addition, this section shall not apply to any primate trained and
used to assist a handicapped person.
E.
Any wild, exotic or dangerous animal found within the City in violation
of this section is deemed a public nuisance per se. If a wild, exotic
or dangerous animal is found to be roaming at large within the City,
it may, in the discretion of the police department or animal control
officer, be destroyed immediately without prior notice to the owner
thereof. The City and its agents shall be under no duty or obligation
to capture or otherwise confine the animal.
F.
Any person found to be keeping, sheltering, harboring or maintaining
a wild, exotic or dangerous animal in violation of this section is
subject to the animals' immediate seizure as contraband. Any animal
so seized shall be held for three business days. If the owner has
not petitioned the court regarding disposition of the animal and served
notice of the pendency of the owner's petition for disposition of
the animal on the humane society within that time period, the humane
society may euthanize the animal or permanently place it with an entity
which is exempt from the provisions of this section. If necessary,
the animal control officer or humane society may impound a wild, exotic
or dangerous animal at another facility. The animal's owner shall
be responsible for all costs and expenses incurred by the humane society
or the City which arise as a result of the seizure and impoundment
of a wild, exotic or dangerous animal. Under no circumstance shall
a wild, exotic or dangerous animal be returned to or placed with a
nonexempt entity within the City limits. If a wild, exotic or dangerous
animal is ever again found to be within the City in violation of this
section, it shall be immediately confiscated and disposed of as the
humane society deems appropriate.
G.
Any person keeping wild, exotic or dangerous animals prior to the
enactment of this chapter shall be allowed to keep such animals for
the duration of the animal's natural life. Upon the death of a wild,
exotic or dangerous animal, the owner of such animal shall not be
allowed to replace such animal except as otherwise allowed by this
section. The burden of proving the prior ownership of a wild, exotic
or dangerous animal prior to the enactment of this chapter lies with
the person keeping such wild, exotic or dangerous animal. Nothing
herein shall be deemed to exclude the enforcement of nuisance or other
laws on the owner of such animals.
[Ord. 2003-210 (part); Ord. 2000-285 § 7; Ord. 93-283 § 1 (part)]
A.
No person shall keep or maintain any dog that has been declared a
vicious and/or dangerous dog unless such dog is kept in an enclosure
or on a run line located within a fenced area. The fencing material
shall not have openings of more than two inches. Wooden fences shall
not have openings of more than two inches. Any gates shall be securable
and of such design as to prevent the entry of small children or the
escape of the animal, and shall be kept secured. Kennels shall have
double walls to prevent the insertion of fingers, hands, or other
objects. The enclosure must not be located nearer than 10 feet to
adjoining property lines or public rights-of-way. The floor of the
enclosure must consist of concrete, or a similar material that will
prevent the animal from digging its way out of the enclosure.
The run line shall consist of a chain or cable having a tensile
strength of at least 300 pounds which does not allow the dog to get
closer than 10 feet from adjoining property lines or public right-of-way.
In addition, if the dog is kept on a run line within a fenced area,
the dog shall be muzzled at all times. If the dog is confined indoors,
it shall not be confined on a porch, patio, or in a structure with
open windows, screen windows, or screen doors.
B.
If a vicious dog is not within an enclosure or on a run-line within
a fenced area, the dog shall be either within the owner's residence
or muzzled and restrained with a chain or cable leash having a minimum
tensile strength of at least 300 pounds that is no more than four
feet in length. If the dog is on a leash, the leash must be controlled
by an adult who can control the dog.
C.
No person shall keep, use or maintain any dangerous or vicious dog
on any premises unless the premises is posted to warn of the presence
of dangerous or vicious dogs. Said warning shall consist of a sign
placed at each entrance/exit for the premises in a position to be
legible from the sidewalk or ground level adjacent to the sign. If
the premises is not enclosed by a fence and the dog is kept within
an enclosure, a sign shall be posted on every side of the enclosure
in a position to be legible from the sidewalk or ground level.
D.
No person shall sell, exchange, transfer or give a vicious dog to
another person.
E.
Owners and custodians of vicious dogs shall post their property with
conspicuous signs warning of the presence of a vicious dog.
F.
A vicious dog must be neutered or spayed.
G.
A vicious dog that inflicts bodily injury on a person or other animal
by biting after it has been declared vicious, or a vicious dog not
kept or maintained in compliance with this section, constitutes a
public hazard and may be seized and destroyed.
H.
This section shall not apply to police canines and guard dogs. Guard
dogs must be registered with the humane society and licensed and are
restricted to property zoned nonresidential. The annual fee for registration
of a guard dog shall be $10. The registration form shall include the
dog's location by address; the dog's gender and general description,
the dog's current City license number, the dog's current rabies vaccination
number, and the name of an emergency contact person who is available
24 hours a day. Guard dogs shall be confined to a fenced in area that
is adequate to prevent the dog from escaping the fenced area. The
fenced area shall be clearly posted with warning signs.
I.
Any dog declared vicious must have an identification microchip inserted
by a veterinarian and to have at least two color photographs taken
of said dog to be placed on file with the animal control office. This
shall be done within 10 days of the dog being declared vicious and
at the expense of the dog's owner or custodian.
J.
A violation of any of the provisions of this section may be charged
as a simple misdemeanor offense. Additionally, any animal control
or police officer shall have the right to seize and impound the dog
if any of the conditions and specifications established by this section
for the keeping of vicious dogs are not being met.
[Ord. 02-573 § 9]
A.
For purposes of this section, the following words and phrases shall
have the assigned meanings.
1.
"Working service dog" means any dog trained to detect or to guard,
protect, patrol or defend any premises, area or yard, in the custody
and control of a handler.
2.
"Handler" means any person who has custody and control of a working
service dog within the City.
3.
"Working service dog service" means engaging in the business of providing
working service dogs in the City.
B.
No person shall engage in the business of providing working service
dog service in the City or to act as a handler, unless said person
has obtained a license as required by this section prior thereto.
C.
No person shall own or have the care or custody of a working service
dog unless the person has secured a working service dog license, tag
and identification number from the City or its agent. The fee for
each working service dog license shall be $10. No working service
dog license or tag shall be issued unless said working service dog
is currently vaccinated for rabies.
D.
An application for a license to operate, maintain and conduct working
service dog service in the City shall be filed, together with an application
fee of $200, with the City or its agent. The application shall state
the name, address, type of organization of working service dog service,
its method of operation, the names and addresses of its officers,
and the names of its employees and include evidence that the applicant
is a bona fide security service licensed by any state or federal authority.
The application must be accompanied by an insurance certificate or
a surety bond underwritten by a corporate surety admitted to do business
in the state of Iowa, in a form approved by the City Attorney, in
the sum of $300,000 blanket coverage for the working service dog service.
The working dog service and surety shall be jointly and severally
liable to any person, firm or corporation for damages suffered by
reason of the wrongful acts of the working service dog service. Notice
of proposed cancellation of the insurance or bond shall be provided
to the City or its agent not less than 30 days in advance of the cancellation
date.
E.
Each applicant for a working service dog handler license shall be
a natural person and shall pay an annual fee of $100 and shall be
required to carry insurance or a surety bond in the amount of $100,000
covering the same items as set forth in subsection D above. A working
service dog service licensed under subsection D above need not obtain
a separate handler license under this subsection.
F.
It shall be unlawful for any person to engage in any business or
occupation licensed under this section in the City unless such person
holds a valid license pursuant to this section. A violation of this
section may be charged as a simple misdemeanor.
G.
Every handler or owner of a working service dog shall see to it that
such animal wears a clearly visible tag approved by the City or its
agent at all times it is within the City unless the dog is performing
a working service which requires not wearing a tag in order to perform
the service safely. Such tag shall have stamped thereon "Working Service
Dog, Tag No., City of Davenport," and the year the tag was issued
for. Lost or stolen tags shall be immediately reported to the City
or its agent and shall be replaced by the City or its agent at the
cost provided for other tags as stated in this chapter.
H.
Any working service dog service or handler that sells or otherwise
transfers ownership of any working service dog shall, not less than
10 days after the transfer, file a report with the City or its agent
containing the name and address of the person to whom such dog was
transferred, a description and identification tag number of the dog,
and any other information the City or its agent deems necessary.
I.
Any person whose working service dog is lost or stolen or whose dog
has died shall, within 24 hours of the loss or theft, or within 10
days of the death, file a report with the City or its agent containing
a description and identification tag number of the dog, and any other
information the City or its agent deems necessary.
J.
A working service dog, properly registered as required by this section,
in the custody and control of a licensed working service dog service
or handler, shall not be declared to be a dangerous or vicious dog,
provided that at the time of attack said dog was under the direct
supervision of a working service dog service or licensed handler.
[Ord. 93-283 § 1
(part)]
No person shall allow or permit their animal to damage, injure,
or destroy any shrubbery, plants, flowers, grass, fence, or anything
whatsoever upon public or private property without prior permission
from the property owner or authorized person.
[Ord. 93-283 § 1
(part)]
It shall be unlawful to keep or harbor any dog which, by frequent,
regular, habitual, or continued barking, yelping, or howling shall
cause serious annoyance to the surrounding neighborhood. Such action
is a violation of this chapter and is also hereby declared a public
nuisance. The animal control officer or a Davenport police officer
shall have the authority to use all reasonable means to abate such
nuisance, including but not limited to requiring that the owner or
custodian make bona fide efforts to quiet the dog and impoundment
of the dog if the owner or custodian is absent from the premises.
If the dog is impounded, the officer shall attempt to locate and notify
the absent owner or custodian by any reasonable means as soon as possible.
[Ord. 2015-373: ; Ord. 2000-285 § 8; Ord. 93-283 § 1 (part)]
A.
The City may establish and maintain a municipal animal shelter or
the City may contract with any nonprofit incorporated society or association
which shall provide and maintain an animal shelter for the enforcement
of this chapter. It shall be the duty of the persons authorized by
the City to operate such animal shelter to supervise and control such
facility, to cause the shelter to be kept in a sanitary condition
and free from offensive odors, to provide for adequate food, water
and shelter, to provide for the collection of animals, to handle the
destruction or disposition of animals not redeemed, and to assist
in the enforcement and operation of this chapter. The provisions of
this chapter shall be enforceable by any animal control officer and
by members of the Davenport Police Department.
B.
Impoundment Procedure. Unrestrained animals found running at large,
nuisance animals, neglected animals, abandoned animals, and cats or
dogs running at large without license tags or rabies vaccination tags
shall be taken and impounded in the animal shelter and there confined
in a humane manner.
C.
Notice. Upon impounding a licensed animal the owner or custodian of the animal shall be given a written notice of the impoundment by the impoundment authority within two days and the owner shall then have five days to redeem the animal not counting the day of impoundment. If an impounded animal is unlicensed or not displaying a license pursuant to Section 6.04.030 the impoundment authority shall have no obligation to search for or provide notice to the owner or custodian.
D.
Claim Fees. A person redeeming an impounded dog or cat shall pay the required redemption fee as stated in Section 6.04.060 for a first, second or third offense and the required boarding fees as provided for by this section. In addition, before an unlawfully unlicensed animal may be redeemed the person redeeming the animal must obtain a license as stated in this chapter. In addition, a person redeeming an animal shall pay any additional fees required under the provisions of this chapter, including any monies expended for the provision of medical treatment provided to the animal.
The boarding fees for other animals shall be as follows:
1.
For each dog, cat, ferret or similar animal a fee of $10 per day
for the animal's care, food, water and shelter.
2.
For each domestic fowl, chicken, goose, duck or waterfowl a fee of
$10 per day for the animal's care, food, water and shelter.
3.
For each horse, mule, jack, cow, bull, steer, ox, swine, sheep, goat
or similar animals a fee of $30 per day for the animal's care, food,
water and shelter.
4.
For any animal not specified herein, a fee of $25 plus actual expenses
incurred for the animal's care, food, water and shelter.
E.
No animal need be kept for the period of notification or impoundment
if a licensed veterinarian or an animal control officer certifies
that the animal is so diseased or injured that it is unduly suffering
or cannot survive. In such cases the animal may be subjected to humane
euthanasia.
F.
Unclaimed Animals. Animals not reclaimed or redeemed within the time
limitations provided by this chapter shall become the property of
the City or animal shelter and shall be placed for adoption in a suitable
home or subjected to humane euthanasia. No unclaimed dog or cat shall
be released for adoption to a suitable home without being sterilized,
or without a written agreement from the adopter, secured by a cash
deposit, guaranteeing that such animal will be sterilized.
G.
The refusal to redeem or reclaim any impounded animal shall not relieve
the owner of the duty to pay the impoundment fees, boarding fees,
veterinarian expenses, or any other costs incurred in the care of
the animal. An owner or custodian who refuses to pay such expenses
shall be in violation of this chapter and subject to citation for
the same.
H.
Neither the City nor the animal shelter, nor their agents and officers
enforcing the provisions of this chapter shall be liable for any accident
or subsequent disease that may occur in connection with the impoundment
of any animal pursuant to this chapter.
[Ord. 2000-285 § 9; Ord. 93-283 § 1 (part)]
A.
Humane society employees, animal control officers and Davenport police
officers are authorized to issue municipal infraction citations or
notices of violations for violations of the provisions of this chapter.
If provided for by a section of this chapter, a Davenport police officer
may enforce a violation of a section as a simple misdemeanor.
B.
It is unlawful for any person to interfere with, hinder, willfully
prevent or attempt to prevent any police officer, animal control officer,
or person authorized to enforce this chapter by the City Administrator
in the enforcement of this chapter.
C.
Inspection Procedures. Whenever it becomes necessary to make an inspection
to enforce any of the provisions of or to perform any duty imposed
by this chapter or other applicable law, or whenever the animal control
officer or other authorized person has reasonable cause to believe
that there exists in any building or upon any premises any violation
of the provisions of this chapter or other applicable law, the officer
is authorized to enter such property at any reasonable time and to
inspect the same and perform any duty imposed upon the officer by
this chapter or other applicable law. If the property is occupied,
the officer shall first present proper credentials to the occupant
and request entry, explaining the reasons entry is sought. If the
property is unoccupied, the officer shall first make a reasonable
effort to locate the owner or other person in control of the property
and request entry explaining the reason therefor. If entry is refused,
or the owner or person in control of the property cannot be located
after due diligence, the officer shall have recourse to every remedy
provided by law to secure lawful entry and inspect the property.
D.
Immediate Inspection. Notwithstanding Section 6.04.170 subsection B., if the animal control officer or police officer has reasonable cause to believe that the keeping or the maintenance of any animal is so hazardous, unsafe or dangerous as to require immediate inspection to safeguard the animal or the public health or safety, the officer shall have the right to immediately enter and inspect such property, and may use any reasonable means required to effect such entry and make such investigation, whether the property is occupied or unoccupied. If occupied, the officer shall first present proper identification and demand entry explaining the reasons therefor and the purpose of the inspection.
[Ord. 2015-118 § 6; Ord. 2006-211 § 2; Ord. 2003-210 (part); Ord. 02-573 § 5; Ord. 2000-285 § 10]
An animal control officer or police officer may send notice of violation to an animal's owner or keeper. A notice of violation initiates administrative sanction procedures for violations of this chapter, revocation of a person's privilege to license or keep animals within the City, extension of periods of revocation, confiscation of an animal by the City, or a declaration that a dog is dangerous or vicious. A notice of violation shall be sent by certified mail or personally served upon an animal's owner or keeper at the request of a victim of a dog attack as defined in Section 6.04.010(K). The notice of violation may be appealed as provided in Section 2.86.020 of the City code. If appealed the hearing shall be scheduled and held as provided by the procedures in Chapter 2.86 of the City code. If a timely appeal is not filed the notice of violation shall be conclusively presumed to be true. If no timely appeal is filed the notified person shall be deemed to have waived all rights to challenge the action taken by the City.
[Ord. 2015-118 § 7; Ord. 2006-211 § 3; Ord. 2003-210 (part); Ord. 2000-285 § 11; Ord. 97-247 § 1; Ord. 93-283 § 1
(part)]
A.
Any animal which is not confined or kept under restraint as required
by this chapter, and any wild, exotic, dangerous or vicious animal
kept or maintained within the City in violation of this chapter, any
animal which barks so frequently, regularly, or habitually that it
causes serious annoyance to the surrounding neighborhood, is hereby
declared a public nuisance.
B.
Whenever an animal control officer or police officer determines that
a nuisance exists, the officer may cause a written notice ordering
the abatement of the nuisance to be served upon the owner or custodian.
The notice to abate shall contain a description of what constitutes
the nuisance, the location of the nuisance, a statement of the act
or acts necessary to abate the nuisance, a definite time within which
the nuisance shall be abated which time shall be reasonable under
the circumstances, and a statement that the City will abate the nuisance
if the nuisance is not abated in the manner and within the time stated
and no request for a hearing is made within the time stated. Notice
to abate shall be served personally upon the owner or custodian by
serving the owner or custodian or any person residing at the residence
who is at least 18 years old, or by serving the owner or custodian
by certified mail return receipt requested. If service is by certified
mail, service shall be deemed given when mailed.
C.
Any person ordered to abate a nuisance may request a hearing on the order to abate as provided in Section 2.86.020 of the City code. If appealed the hearing shall be scheduled and held as provided by the procedures in Chapter 2.86 of the City code. If no timely appeal is filed the nuisance shall be conclusively presumed to exist and the person who was notified to abate it shall be conclusively presumed to be responsible for the existence of the nuisance.
D.
If a person ordered to abate a nuisance neglects or fails to abate the nuisance as directed, the City may abate the nuisance. If an animal is impounded, the owner or custodian of the animal shall be notified of the impoundment as provided in Section 6.04.140. Notwithstanding any other provision of this chapter, the impoundment authority shall keep an impounded animal until such time as the animal control officer who ordered the abatement notifies the impoundment authority that the owner or custodian has complied with the order to abate or has abated the nuisance in some other acceptable manner, in which case, the animal may be released to the owner or custodian upon payment of all the costs, fees and other expenses incurred in the care of the animal have been paid. If the impoundment authority is not notified of the owner's or custodian's compliance within three days after the impoundment, in the case of a previously abated nuisance animal, or from the time specified in a formal order of abatement, the impounded animal may be disposed of in the discretion of the humane society.
[1]
Editor's Note: Former Section 6.04.165, Animal hearing commission,
previously codified herein and containing portions of Ordinance No.
2003-210 and 2003-523, was repealed in its entirety by Ordinance No.
2006-211.
[Ord. 02-573 § 6; Ord. 2002-501 § 2; Ord. 2000-285 § 12; Ord.
93-283 § 1 (part)]
A.
A violation of any provision of this chapter shall constitute a municipal
infraction and may be cited and punished accordingly.
B.
If provided for, a section of this chapter may be charged as a simple
misdemeanor offense and may be cited and punished accordingly, in
lieu of the issuance of a municipal infraction citation, at the officer's
discretion.
C.
In addition to a municipal infraction citation or simple misdemeanor citation for violations under this chapter, a notice of violation for the same incident may be issued to invoke the procedures pursuant to Section 6.04.155 of this chapter.
E.
If no scheduled fine is provided for a violation, then the fine imposed
shall not exceed $500 for a first offense and $750 for a second or
subsequent offense.
