Chapter 55 – Animals
TITLE IV MENTAL AND PHYSICAL HEALTH
CHAPTER 55
ANIMALS
55.01 Definitions
55.02 Dogs and Cats to be Restrained
55.03 Apprehension and Impounding
55.04 Disposition of Impounded Dogs & Cats
55.05 Redemption of Impounded Dogs & Cats
55.06 Licensing of Dogs and Cats
55.07 Exception to License Requirements
55.08 Applications for License
55.09 Delinquent Fee List
55.10 Public Hearing-Delinquent Fee List
55.11 Display of License Tag
55.12 Duplicate License Tag
55.13 Non-Transfer of License or License Tag
55.14 Expiration of License and License Tag
55.15 Operation of Ordinance from the General Fund
55.16 Pound of Shelter and Collector
55.17 Notice to owner of Licensed Animal
55.18 Dogs Disturbing the Peace
55.19 Disposition of Dead Dogs and Cats
55.20 Animal Neglect
55.21 Abandonment of Cats and Dogs
55.22 Animal Enclosures, Pens or Hutches
55.23 Offenses
55.24 Violation of Ordinance
55.25 Requirement When Animal has Bitten a Person
55.26 Report of Person Whose Animal Has Been Bitten
55.27 Quarantine for a Minimum Period of 14 Days
55.01 DEFINITIONS. For the purpose of this chapter, the following definitions shall apply:
1.) “Dog” shall mean any member of the canine species, whether male, female, or altered.
2.) “Cat” shall mean any member of the feline species, whether male, female, or altered.
3.) “Household Pets and Hobby Animals” shall mean animals normally maintained in a small tank or cage in or near a residence, including but not limited to a rabbit, gerbil, hamster, mouse, parrot, canary, mynah, finch, tropical fish, goldfish.
4.) “Birds” shall mean parakeets, pigeons, birds of prey, pheasants, quail and other similar birds that are kept as pets or for hobby purposes. Chickens, geese and ducks are considered “farm animals” and may not be kept as household pets.
5.) “Fish and Amphibians: shall include frogs, toads, and aquatic animals that are kept as pets or for hobby purposes.
6.) “Mammals” shall mean rabbits, ferrets, mongoose and mink that are kept as pets or for hobby purposes.
7.) “Reptiles” shall mean non-constrictor and non-venomous snakes, lizards, geckos, salamanders, chameleons or iguanas less than thirty inches (30”) in length, and similar reptiles that are kept as pets or for hobby purposes.
8.) “Owner” shall mean any person, association or corporation, which owns, harbors, shelters, or keeps a dog or cat.
9.) “Running at Large” shall mean off the premises of the owner, or upon premises of someone other than the owner or upon the public streets, sidewalks, alleys, public grounds, school grounds or parks within the city. Any animal shall not be deemed to be at large if:
a.) The Animal is on the premises of the owner or premises of a person given charge or the animal by the owner and is either.
i.) Accompanied by and obedient to the commands of the owner or the person given such charges, or
ii.) Restrained on those premises by an adequate protective fence or by leash, cord, chain or other similar restrain of sufficient strength to restrain the animal and does not allow the animal to go beyond the real property line of the owner or person in charge.
10.)“Lease” or “leashed” means on a cord or chain or other similar restraint of sufficient strength to restrain the animal and at all times in control of a person competent to restrain or control said animal.
11.)“Vicious Animal” shall be defined as set forth in Marengo Ordinance #57.2(4).
12.)“Dangerous Animal” shall be defined as set forth in Marengo Ordinance #57.2(1).
SECTION 55.02 DOGS AND CATS TO BE RESTRAINED. It shall be unlawful for any god or cat to run at large within the corporate limits of the City of Marengo, Iowa.
SECTION 55.03 APPREHENSIONS AND IMPOUNDING. It shall be the duty of police officers of this City, and lawful for any other person, to apprehend any dog or cat found running at large within the corporate limits of this City. All dogs and cats so apprehended shall be delivered promptly to the City shelter or pound and where such dog or cat bears identification as to its owner, a good faith effort shall be made by the Police Department to notify the owner within twenty-four (24) hours.
This ordinance shall not be construed to restrict the right of any person under Iowa Code §§ 351.25 and 351.27 to kill dog or cat when such dog or cat is caught in the act of worrying, chasing, maiming or killing any domestic animal or fowl, or when such dog or cat is attacking or attempting to bite a person.
Any dog or cat that has been reported to the Police Department, as having bitten a person shall be treated as a vicious animal pursuant to Marengo Ordinance #57.2(4).
SECTION 55.04 DISPOSITIONS OF IMPOUNDED ANIMALS. The following disposition shall apply to all animals except for such animals are either vicious or dangerous.
1. If the owner is unknown, an impounded animal shall be kept a minimum of three (3) business days (Monday through Friday except holidays) and thereafter may be adopted or humanely destroyed.
2. If the owner is know or determined, and has not reclaimed or redeemed an impounded animal within three (3) business days, the owner will then be sent notice by registered mail to said owner’s last know address that the impounded animal will be put up for adoption or disposed of in accordance with law within seven (7) days of the date of the notice. If the owner has not reclaimed or redeemed the animal within said seven-day period, the animal thereafter may be adopted or disposed of in accordance with law. If the animal is destroyed, it must be destroyed by euthanasia. (Code of Iowa, Sec. 351.37 {1})
3. Upon impoundment an animal shall immediately be put up for adoption but shall not be adopted out until the waiting periods set forth in subsection 1 and 2 expire.
SECTION 55.05 REDEMPTION OF IMPOUNDED DOGS AND CATS. Except is such cases where the dog or cat is determined to be vicious or dangerous, any owner may redeem a dog or cat by immediately having it vaccinated and by purchasing current license tags and by paying the fine and costs imposed by this ordinance. No dog or cat shall be redeemed which has not been licensed as herein provided. In cases of vicious or dangerous animal Marengo Ordinance #57.4 shall apply.
SECTION 55.06 LICENSING OR DOGS AND CATS. The owners of all cats and all dogs within the corporate limits of this City except dogs and cats under the age of six (6) months and guide dogs for blind persons are hereby required to obtain a dog or cat license annually and the cost of said license is $5.00 set by Resolution #10-18 of the City Council.
Every owner of a dog or cat under the age of six (6) months on January 1 of any year shall apply for an annual license for each such dog or cat on or before the first day of the first month after each such dog or cat reaches the age of six (6) months, at which time the license fee will be prorated on a monthly basis. New residents and new owner of a dog or cat will be eligible for a monthly prorated license fee if they provide proof of purchase or transfer of ownership.
The license fee herein provided shall be paid on or before January 1st of every year. A penalty for failure to license an animal by January 1st shall result in a $5.00 per month penalty was set by Resolution #10-18 of the City Council.
The City Clerk of the City shall each year provide numbered metal tags which shall be issued to the owner upon payment of the license fee herein provided; said Clerk shall maintain a record of all tags issued the owner of the dog or cat, the owner’s address and the license tag number. The license tag issued by the City Clerk shall be securely fastened to the collar or harness of the dog or cat for which issued and the collar or harness securely fastened to the dog or cat when outside of it normal place of confinement. Al dogs and cats kept outside on a chain must have a collar or harness with license tag displayed at all times.
SECTION 55.07 EXCEPTIONS TO LICENSE REQUIREMENTS. The requirements for licensing dogs and cats shall not apply to such animals if one or more of the following situations apply:
1.) In transit through the City only.
2.) First thirty (30) days of residency by owner.
3.) Housed in veterinary hospital
4.) Housed temporarily in an animal grooming shop.
5.) Housed in an establishment-licensed kennel.
6.) Housed in an accredited institution for research purposed only.
7.) Animal sitting for a period of fourteen (14) days or less with prior notification to City Hall.
SECTION 55.08 APPLICATIONS FOR LICENSE. Except as provided herein for animals six months of age or younger, the owner of a dog or cat, for which a license is required, shall on the first day of November of the preceding year and prior to the first day of January of each year apply to the City Clerk for a license for each dog or cat owned by him or her. Applications made on or after January 1 of that year shall be delinquent. An application for an annual license for a dog or cat, which is under the age of six (6) months on January 1 of any year, shall be delinquent if made on or after the first day of the sixth month after such dog or cat reaches the age of six (6) months. Applications for licenses shall be in writing on forms provided by the City Clerk, and shall state the breed, sex, age, color, markings, and name, if any, of the dog or cat, the address at which the owner regularly keeps, shelters or harbors the dog or cat, and the name and address of the owner, and be signed by the owner. Such application shall also state the date of the most recent rabies vaccination; the type of vaccine administered and the date the dog or cat shall be revaccinated.
Such application shall be accompanied by a certificated of vaccination issued by a licensed veterinarian showing that the dog or cat described in the application has been vaccinated against rabies.
SECTION 55.09 DELINQUENT FEE LIST. The City Clerk may, in the Clerk’s discretion or at the request of the City Council, prepare and submit to the Council a delinquent fee list, which shall show the following:
1.) The name and residence address of each person within the City who is the owner of a dog or cat which is not licensed in accordance with the provisions of this Chapter for the current year and the amount of fees, including delinquency fees, due from such owner.
2.) The name and residence address of each person within the City who licensed a dog or cat in accordance with the provisions of this Chapter in the previous year which is not licensed in accordance with the provisions of this Chapter for the current year and the amount of fees, including delinquency fees, due from such owner.
The foregoing list shall not include the owner of any dog or cat who, upon the death, transfer of ownership or disappearance for more than sixty (60) days of said animal, within the ten (10) days of such event, notifies the City Clerk of such event and surrenders the license and license tag, if available, issued to the owner.
SECTION 55.10 PUBLIC HEARING-DELINQUENT FEE LIST. Upon submission of the delinquent fee list to the Council, the Council may be resolution fix a date, time and place for a public hearing thereon. The Clerk shall mail a written notice of such public hearing to the owner of each dog or cat which appears on such list by ordinary mail at least ten (10) days prior to the date fixed for such public hearing. The notice shall state the date, time and place of such public hearing and shall advise the owner of each dog or cat which appears on the list that he or she may appear at such hearing and show cause why the delinquent fees shown thereon for each such dog or cat should not be paid. After such public hearing, the Council shall enforce such fees by any legal means permitted under this Code or release obligation for payment of fees if sufficient cause is shown for nonpayment.
SECTION 55.11 DISPLAY OF LICENSE TAG. Upon issuance of the license tag, the owner of the dog or cat shall cause the license tag to be securely fastened to a collar or harness which shall be worn by the dog or cat for which the license tag is issued when outside of its normal place of confinement or outside on a chain.
SECTION 55.12 DUPLICATE LICENSE TAG. Upon proof by the owner of the dog or cat that a license tag issued to such dog or cat in accordance with the provision of this Chapter has been lost or destroyed, the City Clerk shall issued a duplicate tag to the owner of such dog or cat. Such duplicate license tag shall be securely fastened to the collar or harness of such dog or cat in accordance of the provisions of this Chapter. A duplicate license tag fee of one (1) dollar shall be charged for all duplicate tags.
SECTION 55.13 NON-TRANSFER OF LICENSE OR LICENSE TAG. No license or license tag issued in accordance with the provisions of this Chapter shall be transferred to any other person, dog, or cat.
SECTION 55.14 EXPIRATION OF LICENSE AND LICENSE TAG. All licenses and license tags issued in accordance with the provision of this Chapter shall expire on January 1 of the year following the year for which they were issued.
SECTION 55.15 OPERATION OF ORDINANCE FROM THE GENERAL FUND. All tags, record books and other expenses provided by this ordinance shall be furnished by the City Clerk and paid for from the general fund and all license fees and redemption fees received shall be paid into the general fund of this City.
SECTION 55.16 POUND OR SHELTER AND COLLECTOR. The City Council may designate any suitable place as a shelter or pound and pay the necessary expenses of operation and maintenance and the City may require the owner of the dog or cat to pay all expenses of capture and impoundment.
SECTION 55.17 NOTICES TO OWNER OF LICENSED ANIMAL. The owner of any animal licensed in accordance with the provisions of this Chapter, which has been seized and impounded, shall be notified of such seizure and impounding within twenty-four (24) hours thereof by such person in such manner as the City Council may direct by resolution.
SECTION 55.18 DOGS DISTURBING THE PEACE. It shall be unlawful for the owner of any dog, whether kenneled or not, to permit such dog to disturb the peace of any person by frequent, regular or habitual barking, howling or yelping. If the owner of the dog is not available to contact the Marengo Police Department may post notice on the residence and may impound the dog, if there has been more than two complaints, verified by the Police Department, within the last thirty (30) days in regards to said animal. An owner that has been cited for a dog disturbing the peace more that two (2) times in any given thirty (30) day period may be subject to having their animal impounded by the Marengo Police Department.
SECTION 55.19 DISPOSITIONS OF DEAD DOGS AND CATS. It shall be the duty of the owner of any dog or cat that has died or has been killed to dispose of the dog or cat in an effective and sanitary method or dispose of the dog or cat by delivery thereof to any duly licensed person engaged in the business of disposing of the bodies of dead animals. Disposal as herein provided shall be performed within twenty-four (24) hours after the death of said dog or cat.
SECTION 55.20 ANIMAL NEGLECT. It is unlawful for a person who impounds or confines, in any place, an animal, to fail to supply the animal during confinement with a sufficient quantity of food or water, fails to provide a confined dog or cat with adequate shelter, or to torture, deprive of necessary sustenance, mutilate, beat, or kill such animal by any means which causes unjustified pain, distress or suffering.
SECTION 55.21 ABANDONMENT OF CATS AND DOGS. A person who has ownership or custody of a cat or dog shall not abandon the cat or dog, except the person may deliver the cat or dog to another person who will accept ownership and custody or the person may deliver the cat or dog to an animal shelter or pound.
SECTION 55.22 ANIMAL ENCLOSURES, PENS OR HUTCHES. Any enclosure, pen, coup, or hutch in which pets are maintained shall be cleaned at lease every other day or oftener if deemed advisable or necessary by a health officer or the Chief of Police. Said enclosures shall be located at a minimum of fifty (50) feet from the neighboring residential dwelling. No animal may be enclosed or fenced in the front yard, or in the public right-of-way. Any kennel that is in except those located in the front yard or in the public right-of-way.
SECTION 55.23 OFFENSES. No owner of any dog, cat or other animals, or person having control or responsibility thereof, shall;
1.) Allow or permit such animal to run at large.
2.) Allow or permit such animal to defecate on private property without the express consent of the owner of such property. Fail to pick up and dispose of any feces deposited by such animal on private property without the express consent of the owner thereof.
3.) Allow or permit such animal to defecate on public property, including, but not limited to, public property located between curb lines of public streets, parking, adjacent property lines and public property located within parks. Fail to pick up and dispose of the feces deposited by such animal of public property.
4.) Allow or permit animal to pass upon public or private property thereby causing damages to or interference with such property.
5.) Allow or permit a dog to cause annoyance or disturbance to any person by frequent and habitual barking, howling or yelping.
6.) Allow or permit a dog to run after, chase, or attack any person, vehicle or domesticated animal or place any person in reasonable fear of attack or injury.
7.) Keep, shelter, harbor any unlicensed dog, or cat.
8.) Keep, shelter or harbor any dog or cat without a license tag attached to its collar or harness when outside of its normal confinement or on a chain as required by this Chapter.
9.) Keep, shelter or harbor any dog or cat with an expired license tag attached to its collar or harness.
10.) Keep, shelter, harbor any unvaccinated dog, or cat.
11.) Keep, shelter or harbor any dog or cat with an expired vaccination tag attached to its collar or harness.
12.) Allow or permit animal to destroy or damage property other than the property of the owner of such animal.
13.) Abandon any animal within the corporate limits of the City.
SECTION 55.24 VIOLATIONS OF ORDINANCE. Commission of any act named or defined in this Chapter by a person shall be a misdemeanor, punishable by a scheduled fine as follows:
1.) Allow or permit such animal to run at large - $30.00 first offense, $50.00 second offense, $100 third offense and for any subsequent offenses thereafter.
2.) Allow or permit such animal to defecate on private property without the express consent of the owner of such property. Fail to pick up and dispose of any feces deposited by such animal on private property without the express consent of the owner thereof - $30.00.
3.) Allow or permit such animal on public property, including, but not limited to, public property located between curb lines of public streets, parking, adjacent property lines and public property located with parks. Fails to pick up and deposit of any feces deposited by such animal on public property - $30.00.
4.) Allow or permit such animal to pass upon public or private property thereby causing damages to or interference with such property - $200.00.
5.) Allow or permit a dog to cause annoyance or disturbance to any person by frequent and habitual barking, howling or yelping - $30.00.
6.) Allow or permit a dog to run after, chase, or attack any person, domesticated animal (while latter is on public property) or vehicle or place any person in reasonable fear of attack or injury - $200.00.
7.) Keep, shelter or harbor any unlicensed dog or cat - $200.00.
8.) Keep, shelter or harbor any dog or cat without a license tag attached to its collar or harness when outside of its normal confinement or on a chain as required by this Chapter - $30.00.
9.) Keep, shelter or harbor any dog or cat with an expired license tag attached to its collar or harness - $30.00.
10.) Keep, shelter or harbor any unvaccinated dog or cat - $200.00.
11.) Keep, shelter or harbor any dog or cat with an expired vaccination tag attached to its collar or harness. $200.00.
12.) Allow or permit such animal to destroy or damage property other than the property of the owner of such animal - $200.00.
13.) Abandon any animal within the corporate limits of the City - $200.00.
SECTION 55.25 REQUIREMENTS WHEN ANIMAL HAS BITTEN A PERSON. The owner of an animal shall report at once to the Police Department the fact that his or her animal has bitten or attached a person or domestic animal, and all persons having knowledge of such fact shall report the same to the Police Department. Any person claiming to have been bitten by an animal must go in person to the Police Department or to a physician to show proof of a bite if deemed necessary by the director of public health. A parent or legal guardian must accompany children claiming to have been bitten by an animal.
SECTION 55.26 REPORT OF PERSON WHO’S ANIMAL HAS BEEN BITTEN. Every person owning or having possession, custody, or control of an animal, which is known to have been bitten, by an animal infected with rabies shall immediately report this fact to the Police Department and shall have the exposed animal placed in isolation and quarantined as provided by this Code.
SECTION 55.27 QUARANTINE FOR A MINIMUM PERIOD OF 14 DAYS. It shall be the duty of the Chief of Police to order the owner of any animal which has bitten a person or another animal, or any animal suspected of being infected with rabies to confine such animal for a period of fourteen (14) days at the animal shelter, a veterinary clinic, or a registered kennel.
Chapter 57 – Dangerous & Vicious Animals
TITLE IV MENTAL AND PHYSICAL HEALTH
CHAPTER 57
DANGEROUS AND VICIOUS ANIMALS
57.01 Purpose
57.02 Definitions
57.03 Keeping of Dangerous Animals Prohibited
57.04 Seizure, Impoundment, and Disposition of Dangerous or Vicious Animal
57.05 Removal of Dangerous or Vicious Animals
57.06 Notice of Removal of Dangerous or Vicious Animals
57.07 Method of Service
57.08 Request for Hearing
57.09 Abatement by the City
57.10 Collection of Costs
57.11 Failure to Remove
57.12 Penalties for Failure to Remove
SECTION 57.01 PURPOSES. The purpose of this ordinance is to provide for the public safety by prohibiting the keeping of dangerous animals and imposing restriction on the keeping of vicious animals.
SECTION 57.02 DEFINITIONS. For the purpose of this ordinance, the following words and phrases when used in this ordinance shall have the following meaning:
1.) Dangerous Animal: Means (1) 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 or domestic animals and having known tendencies as a species to do so; (2) any animals declared to be dangerous by the County board of health; (3) the following animals which shall be deemed to be dangerous per se:
a.) Lions, tigers, jaguars, leopards, cougars, lynx and bobcats;
b.) Wolves, coyotes and foxes;
c.) Badgers, wolverines, weasels, skunk and mink;
d.) Raccoons;
e.) Bears;
f.) Monkey and chimpanzees;
g.) Bats;
h.) Alligators and crocodiles;
i.) Scorpions;
j.) Snakes that are venomous or constrictors;
k.) Gila monsters;
2.) At Large: Means off the premises of the owner, or upon the public streets, alleys, sidewalks, public grounds, school grounds or parks within the City. An animal shall not be deemed to be at large if:
a.) The animal is on the premises of the owner or the premises of a person given charge of the animal by the owner and is either:
i.) Accompanied by and obedient to the commands of the owner or the person given such charge, or
ii.) Restrained on those premises by an adequate protective fence or leash, cord, chain or other similar restraint of sufficient strength to restrain the animal and does not allow the animal to go beyond the owner’s real property line or onto the sidewalk.
b.) On a public sidewalk or street but restrained by a leash held by a person capable of restraining the animal as set out by paragraph 6 below.
3.) Vicious Animal: Means any animal that (1) has bitten a person or persons; or (2) could not be controlled or restrained by the owner at the time of the attack to prevent the occurrence; or (3) has attacked any domestic animal or fowl on two separate occasions.
4.) Confined: Shall mean securely confined in a dwelling house or an enclosed locked building, enclosed fence, pen or other structure having a height of at least six (6) fleet with secured gates and with secure sides and at all points embedded into the ground, or if such enclosed fence is less than six (6) feet in height, it must have a secure and complete top securely fastened to the sides.
5.) Leash or leashed: Means on a cord or chain or other similar restraint of sufficient strength to restrain the animal and at all times in control of a person competent to restrain or control said animal.
SECTION 57.03 KEEPING OF DANGEROUS ANIMALS PROHIBITED. No person shall keep, shelter or harbor any dangerous animal as a pet, nor act as a temporary custodian for such an animal, nor keep, shelter, or harbor such animal for any other purpose or in any other capacity within the City except that this section shall not apply to the keeping of dangerous animals under the following circumstances:
1.) The keeping of a dangerous animal for exhibition to the public by a bonafide traveling circus, carnival, exhibit or show;
2.) The keeping of a dangerous animal in a bonafide licensed veterinary hospital for treatment;
3.) Any dangerous animals under the jurisdiction of and in the possession of the Iowa Conservation Commission, pursuant to Chapter 109 or 109A of the Iowa Code.
SECTION 57.04 SEIZURE IMPOUNDMENT, REDEMPTION AND DISPOSITION OF DANGEROUS OR VICIOUS ANIMALS.
1.) In the event that a dangerous animal or vicious animal is found at large and unattended upon public property, park property, public right of way, sidewalks, or the property of someone other than its owner, thereby creating a hazard to person or property, such animal may, in the discretion of the Mayor or the Chief of Police, be destroyed or in the alternative confined or captured. The City shall be under no duty to attempt the confinement or capture of a dangerous or vicious 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 an individual that a person is keeping, sheltering, or harboring a dangerous animal or vicious animal on premises in the City of Marengo and in a manner contrary to the provisions of this ordinance, the Mayor and Police Chief shall cause the matter to be investigated, and if after investigation, the facts indicate that the person named in the complaint is keeping, sheltering or harboring a dangerous or vicious anima in the City in a manner contrary to provisions of this ordinance, the officer shall order the person named in the complaint to safely remove such animal from the City, by permanently placing the animal with an organization or group allowed (in the above section) to possess dangerous or vicious animals or destroy the animal.
SECTION 57.05 REMOVAL OF DANGEROUS OR VICIOUS ANIMAL. Whenever the Mayor or Chief of Police finds that a dangerous or vicious animal is being kept within the City of Marengo contrary to the provisions herein, such officer shall cause to be served upon the owner of the dangerous or vicious animal a written notice to remove the animal from the City of Marengo with three (3) days after notice.
SECTION 57.06 NOTICE OF REMOVAL OF DANGEROUS OR VICIOUS ANIMAL: CONTENTS. The notice to remove shall contain:
1.) Description of the dangerous or vicious animal.
2.) Location of the dangerous or vicious animal.
3.) Acts necessary to remove the dangerous or vicious animal.
4.) Time. A three (3) day period with which to complete the removal.
5.) Hearing. A two (2) day period within which to request a hearing with the City Council to determine whether to affirm or rescind the order for removal.
6.) Assessment of City Costs. A statement that if the removal is not completed as directed and no request for hearing is made in writing within the two (2) day period prescribed, the City will remove the animal and assess the costs against such person.
7.) Penalty. Statement that a penalty may be incurred if the removal is not completed with three (3) days from the notice.
SECTION 57.07 METHOD OF SERVICE. The notice must be in writing and personally served upon the person or sent by certified mail, return receipt requested, to the owner and/or the person in possession of the animal.
SECTION 57.08 REQUEST FOR HEARING. Any person ordered to remove a dangerous or vicious animal may request to have a hearing with the Council to determine if the removal order shall be affirmed or rescinded. A request for a hearing must be made in writing and delivered to the Clerk within the time period stated in the notice, or it will be conclusively presumed that the removal order is valid. The hearing will be before the Council at a time and placed fixed by the Council. The decisions of the City Council shall be final.
SECTION 57.09 ABATEMENT BY CITY. If the person notified to remove a dangerous or vicious animal fails to remove the animal as directed, the City may perform the required action to remove the animal and shall keep an accurate account of the expense incurred. The itemized expense account shall be filed with the Clerk who shall pay such expenses on behalf of the City.
SECTION 57.10 COLLECTIONS OF COSTS. The Clerk shall send a statement of the total expense incurred by certified mail to the owner who has failed to abide by the notice to remove, and if the amount shown by the statement has not been paid within thirty (30) days, the Clerk shall certify the costs to the County Treasurer and such coast shall then be collected with, and in the same manner, as general property taxes.
SECTION 57.11 FAILURES TO REMOVE. Any persons causing or maintaining a dangerous or vicious animal whom shall fail or refuse to remove the animal within the time required and specified in the notice to abate is in violation of this Code of Ordinances.
SECTION 57.12 PENALTIES FOR FAILURE TO REMOVE. Violation of this ordinance shall be deemed to be a municipal infraction and subject to penalties as prescribed by Iowa Code Chapter 364.22, as amended, with the minimum penalty for the first offense being $250.00, and the minimum penalty for repeat offense being $500.00 up to a maximum of $1,000.00.
