§ 6.04.090. Dangerous animals.

A.

Definitions. For use in this chapter, the following terms are defined:

1.

"Dangerous animal" means (a) any animal which is not naturally tame or gentle, and which is of a wild nature or disposition, and which is capable of killing, inflicting serious injury upon or causing disease among human beings and (b) the following animals, which are deemed to be dangerous animals per se:

a.

Wolves, coyotes and foxes;

b.

Badgers, wolverines, weasels, mink and other Mustelids;

c.

Bats;

d.

Bears;

e.

Gila monsters, and lizards that are venomous or poisonous;

f.

All apes (including chimpanzees), baboons and macaques;

g.

Monkeys, except the squirrel monkey;

h.

Elephants;

i.

Wild Boar;

j.

Black widow or brown recluse spiders and scorpions;

k.

Snakes which are naturally venomous or poisonous;

l.

Snakes which are constricting and exceeding six feet in length;

m.

All cats; except domestic cats (Carnivora of the family Felidae, including but not limited to lions, cougars, tigers, jaguars, leopards, lynx, ocelots, bobcats, etc.); and

n.

Raccoons, opossums and skunks.

Dangerous animals shall not include dangerous domestic animals as defined in subsection D.

B.

Keeping of Dangerous Animals Prohibited. No person shall keep, shelter or harbor any dangerous animal or act as a custodian for such animal, or keep such animal for any purpose or in any capacity within the city except in the following circumstances;

1.

The keeping of dangerous animals in a public zoo, bona fide educational or medical institution, humane society or museum where they are kept as live specimens for the public to view or for the purpose of instruction, research or study;

2.

The keeping of dangerous animals for exhibition to the public by a circus, carnival, exhibit or show where such circus, carnival, exhibit or show is of traveling nature, is displayed before large assemblages of people and maintains any and all required federal or state licenses;

3.

The keeping of dangerous animals in bona fide, licensed veterinary hospital for treatment;

4.

The keeping of dangerous animals by a wildlife rescue organization with appropriate permit from the State Department of Natural Resources;

5.

Any dangerous animals under the jurisdiction of and in the possession of the Iowa Department of Natural Resources, pursuant to Chapters 481A and 481B of the Code of Iowa.

C.

Seizure, Impoundment and Disposition of Dangerous Animals.

1.

In the event that a dangerous 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 chief of police, 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 found at large, nor shall it have a duty to notify the owner of such animal prior to its destruction.

2.

Upon the complaint of any individual that a person is keeping, sheltering or harboring a dangerous animal in the city, the chief of police shall cause the matter to be investigated, and if after investigation, the facts indicate that such person is keeping, sheltering or harboring a dangerous animal in the city, the chief of police shall issue a citation for the violation, and shall order such person to safely remove such animal from the city, and permanently place the animal with an organization or group allowed under subsection B of this section to possess dangerous animals, or destroy the animal, within three days of the receipt of such order. Such order shall be contained in a notice to remove the dangerous animal, which notice shall be given in writing to the person keeping, sheltering or harboring the dangerous animal, and shall be served personally or by certified mail. Such order and notice to remove the dangerous animal shall not be required where the dangerous animal has previously caused serious physical harm or death to any person, in which case, the chief of police 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.

3.

The order to remove a dangerous animal, issued by the chief of police, may be appealed to the animal review board as set forth in subsection I of this section. If the animal review board affirms the action of the chief of police, the board shall order in its written decision that the individual or entity owning, sheltering, harboring or keeping such dangerous animal, remove such animal from the city, permanently place such animal with an organization or group allowed under subsection B of this section to possess dangerous animals, or destroy it. If the original order of the chief of police is not appealed and it is not complied with within three days, or if the order of the animal review board after appeal is not complied with within three days of its issuance, the chief of police is authorized to seize and impound for a period of seven days, with the costs thereof to be at the expense of the owner. If at the end of the impoundment period, the individual or entity against whom the decision and order of the animal review board was issued has not petitioned the Iowa District Court for review of said order, the city shall cause the animal to be disposed of by sale, permanently place such animal with an organization or group allowed under subsection B of this section to possess dangerous animals, or destroy such animals in a humane manner. Failure to comply with an order of the city issued pursuant hereto shall constitute a misdemeanor offense, punishable pursuant to this Code of Ordinances.

D.

Definitions and Determination of Dangerous Domestic Animals.

1.

It shall be unlawful for any person to keep a dangerous domestic animal except as otherwise provided in this section. For purpose of this section "Dangerous Domestic Animal" means:

a.

Any animal which has inflicted serious injury on a person without provocation.

b.

Any animal which has at the animals own initiative, seriously injured or killed a domestic animal.

c.

Any animal owned or harbored primarily or in part for the purpose of animal fighting.

d.

Any animal which by breeding, training, disposition or behavior may pose a potential risk of attacking and inflicting injury without provocation upon people or other animals.

"Provocation" for purpose of this subsection, means that the threat, injury or damage caused by the animal was sustained by a person who, at the time, was committing a willful trespass or other tort upon the premises occupied by the owner of the animal, or was tormenting, abusing, or assaulting the animal, or was committing or attempting to commit a crime.

"Serious Injury" for purpose of the subsection means any physical injury to a human being or a domestic animal as a result of an animal's actions which demonstrate an intent to harm resulting in a major fracture, muscle tears, disfiguring lacerations or which requires multiple sutures or corrective or cosmetic surgery.

2.

Determination of Dangerous Animal. The determination as to whether a particular animal is a dangerous domestic animal shall be made by the Chief of Police, or his designee, on the basis of reasonable evidence, which may include, but is not limited to, consideration of a verified report of an incident involving unprovoked aggressive behavior directed at a person or a domestic animal, any provocation or trespass on the part of the animal attacked; compliance, or lack of same, with all animal control ordinances on the part of any animal or the person responsible for any animal; and the opinions of experts.

3.

Securing Animal.

a.

During the period of investigation, the Chief of Police or designee shall have the authority to order the owner or keeper of an animal under investigation to secure that animal. This may include the directive that the animal be secured off the premises of the owner or keeper, at the owner's expense.

b.

Failure to strictly comply with all conditions of the order to secure an animal during investigation shall be a municipal infraction punishable by a fine of five hundred dollars for first offense and seven hundred fifty dollars for any subsequent offense. Each day that the violation occurs or is permitted to exist constitutes a separate offense.

c.

If the chief of police or designee has reason to believe that the animal threatens the safety of person or domestic animal, the chief of police or designee may enter upon any premises upon which the animal is kept and remove the animal from those premises to a place of impoundment.

Entry onto said premises shall be only with the consent of the person in lawful control of the premises, or after obtaining a search warrant pursuant to law.

E.

Registration Required.

1.

All animals within the scope of section D shall be registered with the city by all adult person(s) responsible for the keeping of the animal. Failure or refusal to register each such animal, including providing the location where the animal resides and its identifying characteristics, on forms provided by the city, shall constitute a violation of the Oskaloosa Municipal Code.

2.

Re-registration is required in the event animal's owner, keeper or possessor is changed or the animal's place of residence is moved to another location. The registration requirements attach to the animal and compliance with all registration requirements shall be the strict duty of any person or entity which acquires ownership, keeping, or possession of the animal.

3.

The registration of an animal shall be renewed annually. The premises and facilities where such registered animal is kept shall be inspected annually by the chief of police or designee, unless there is reason to believe animals are being improperly kept or cared for, in which case inspections may be made as the animal control officer deems necessary. The city council may establish a schedule of fees to cover costs of administration and inspection.

4.

In the event the animal registered pursuant to these provisions is found to be missing, this event shall be promptly reported to the police department.

F.

Proof of Financial Responsibilty Required.

1.

Any person keeping a dangerous animal within the scope of section D shall be required to prove financial responsibility for any injury or damage that may be caused by the animal by either: (a) posting a cash or surety bond in the amount of one hundred thousand dollars, or (b) presenting a certificate of insurance issued by an insurance company licensed to do business in this state, providing personal liability insurance coverage as in a homeowner's policy, with a minimum liability amount of one million dollars for the injury or death of any person, for damage to property of others, and for acts of negligence by the owner or the owner's agents, in the keeping or owning of such potentially dangerous animal. The certificate shall 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. If a certificate of insurance or policy is not immediately available, a binder indicating the coverage may be accepted for a period of up to thirty days following a determination that an animal is a dangerous animal within the scope of subsection D.

2.

Failure to provide a certificate of insurance after thirty days shall be violation of this section, and the dangerous animal shall be subject to removal and shall be humanely destroyed at the expense of the person keeping the dangerous animal.

G.

Confinement Standards. All animals within the scope of subsection D shall be confined pursuant to a confinement plan approved by the chief of police or designee. If such confinement facilities are indoors, all access doors must be continually locked. If such confinement facilities are outdoors, they must be securely constructed with chain link or masonry fence sides, with securely attached ceilings and with a concrete floor securely attached to the sides of the pen. Entrance gates must be continually locked with a key or combination lock. A perimeter fence of appropriate height and material to prevent escape must be built at least four feet from the primary enclosure and shall be built so as to surround all sides of the enclosure not adjacent to a solid wall of building. When taken outdoors, whether on or off the owner or keeper's premises, the dangerous animals must at all times be muzzled and leashed with equipment which has been approved by the chief of police or designee, or confined in a vehicle, cage or other animal carrier so as to be out of the reach of passerby.

H.

Additional Handling Requirments.

1.

In addition to insurance and confinement, the chief of police or designee shall have the authority to place additional handling requirements on any animal which is within the scope of subection D and to require timely compliance with the requirements. Any or all of the following conditions may be imposed:

a.

The requirement that the animal be spayed or neutered at the owner's expense by a specific date and proof of same furnished to animal control;

b.

The requirement that the animal be photographed by animal control. And implanted at the owner's expense with a microchip containing owner identification information. The microchip information shall be registered with animal control;

c.

The requirements that the owner and animal shall satisfactorily complete a safety course approved by the city, at the owner's expense.

d.

That the animal shall at all times be required to wear a conspicuously colored collar with permanently affixed owner identification;

e.

That the owner of the animal has posted on the premises a clearly visible written warning sign to be approved by the chief of police or designee stating that there is a dangerous animal on the property with a conspicuous warning symbol that informs children of the presence of a dangerous animal. The sign shall be very visible from the public roadway or fifty feet, whichever is less; and

f.

That the animal has current rabies vaccination and furnish proof of same to animal control.

I.

Removal and Order for Euthanasia. When the chief of police or designee determines that the owner has failed to keep an animal in compliance with the standards set forth in this chapter, the chief of police or designee shall order in writing that an owner shall have an animal humanely euthanatized within ten days of the order. Failure to comply with the chief of police or designee's order shall be a violation of this section.

J.

Appeal Procedures.

1.

Appeal of Euthanasia Order.

a.

Any person who receives an order from the chief of police or designee requiring that a dangerous domestic animal be removed and euthanized as provided in Section I may appeal the order by filing a written notice of appeal with the city clerk within seven days of the date of the order. The written appeal shall state the grounds of the appeal, including how the person proposes to keep the dangerous domestic animal in a manner that is in compliance with the standards set out in this chapter, and how the person proposes to reduce the risk of harm that the dangerous domestic animal poses to the public.

b.

Upon receiving a notice of appeal, a hearing shall be convened, chaired by the chief of police or designee, to receive any testimony or other evidence that is deemed appropriate concerning the euthanasia order.

c.

When an appeal has been filed, the city shall make a reasonable effort to notify any persons who would have had direct involvement in the situation which led to the euthanasia order, including those persons who were injured or who are owners or keepers of any animals which were injured by the dangerous domestic animal.

d.

The appeal shall be heard by a committee appointed by the city and consisting of a minimum of three people, including a member of the public, an animal professional, and a city officer or designee.

e.

Following such hearing, the committee shall issue a written decision within ten days from the date of the hearing, and may:

(1)

Uphold the decision of the chief of police or designee and order the dangerous animal to be destroyed; or

(2)

Modify or reverse the decision; after which the chief of police or designee shall take such action as is necessary to carry out the decision of the committee.

f.

The decision of the committee and the reasons for it shall be summarized in writing and provided to the person who filed the appeal.

2.

Appeal of Registration Requirement.

a.

Any person who receives an order from the chief of police or designee requiring that a dangerous domestic animal be registered as provided in subsection E may appeal the order by filing a written notice of the appeal to the city clerk within seven days of the date of the order. The written appeal shall state the grounds of the appeal.

b.

Upon receiving a notice of appeal, a hearing shall be convened, chaired by the chief of police or designee, to receive any testimony or other evidence that is deemed appropriate concerning the registration requirement.

c.

When an appeal has been filed, the city shall make a reasonable effort to notify any persons who would have had direct involvement in the situation which led to the registration requirement.

d.

The appeal shall be heard by a committee appointed by the city and consisting of a minimum of three people, including a member of the public, an animal professional, and a city officer or designee.

e.

Following such hearing, the committee shall issue a written decision within ten days from the date of the hearing, and may:

(1)

Uphold the decision of the chief of police or designee and order the registration requirement to be complied with; or

(2)

Modify or reverse the decision; after which the chief of police or designee shall take such action as is necessary to carry out the decision of the committee.

f.

The decision of the committee and the reasons for it shall be summarized in writing and provided to the person who filed the appeal.

K.

Lift of Registration Requirements. If any animal previously determined to be subject to a registration as a dangerous domestic animal has not exhibited any of the behaviors specified under subsection D for a period of thirty-six months since the date of the registration, then that animal is eligible for a review of the determination with a potential for a hearing on removing the registration requirements. Application for such review shall be the responsibility of the owner and must be filed with the city clerk. The review shall be completed by a committee appointed by the chief of police and consisting of a minimum of three people, including a member of the public, an animal professional, and a city officer or his/her designee.

L.

Reporting of Incidents Required. It shall be the duty of any person having knowledge of an incident in which any domestic animal has caused serious injury to a person or another domestic animal to report that incident within twenty-four hours of its occurrence. Failure to do so is a violation punishable as a municipal infraction.

M.

Police Services Dogs Exempt. Police service dogs which are in active use by a law enforcement agency shall be exempt from the provisions of this chapter.

(Ord. No. 1362, § 1, 8-18-2014)

Editor's note

Ord. No. 1362, § 1, adopted Aug. 18, 2014, repealed the former § 6.04.090, and enacted a new section as set out herein. The former § 6.04.090 pertained to dangerous dogs and other dangerous animals and derived from Ord. 1252, § 1, adopted in 2007.