Animal Control Ordinance

ORDINANCE NO. 18-08

RELATING TO ANIMAL CONTROL

 

SECTION 1.     TITLE  An Ordinance Establishing Animal Control In Bremer County.

 

                          Be It Enacted by the Board of Supervisors , Bremer County, Iowa:

 

 

SECTION 2.         PURPOSE:           The purpose of this ordinance is to improve animal control within the rural areas of Bremer  County.

 

SECTION 3.         DEFINITIONS:    The following terms are defined for use in this Ordinance pertaining to Animal Control:

 

“Dog” means a domesticated quadruped descended from different wild species of the genus canine, as the wolf, fox or jackal.
“Cat” means a domesticated animal of the feline family.
“Domesticated animal” means any animal that is tame and under the control of a person.
"Livestock” means an animal belonging to the bovine, caprine, equine, or porcine species, ostriches, rheas and emus; farm deer as defined in Section 170.1 of the Code of Iowa; or poultry.  (Code of Iowa, Sec. 717.1)
“At large” means any dog or cat, or any domesticated animal or livestock found off the premises of such animal’s owner and not under the control of a competent person, restrained within a motor vehicle, or housed in a veterinary hospital or kennel, barn or pen. The premises of such animal’s owner should not include any public property. The premises shall only include private property.
“Owner” means any person owning, keeping, sheltering or harboring a dog or cat or other domesticated animal or livestock.

 

SECTION 4.         DOGS, CATS or LIVESTOCK RUNNING AT LARGE.   It is unlawful for dogs, cats or livestock to run at large within Bremer County. The owner of any dogs, cats or livestock found running at large is guilty of violation of this section.

 

SECTION 5.          AT LARGE/NUISANCE: SUMMONS.  The owner of any dog, cat or livestock found at large or a nuisance in violation of this Ordinance based off the complainant(s) detailing the time, date and duration of being at large or a nuisance and or photographic or video evidence submitted by a complainant. The complainant may be required to appear before a proper court to testify to the charges made for violation of this ordinance.

 

SECTION 6.         ANIMAL AT LARGE PROHIBITED.  It shall be a violation of this ordinance for an owner or person in control to permit or allow any domesticated animal or livestock to run at large or to remain at large.

 

SECTION 7.         ANIMAL NUISANCE.   It shall be unlawful for any person to permit an animal under such person’s control or within such person’s custody to commit a nuisance. An animal shall be considered a nuisance if it:

1.       Damages, soils, defiles or defecates on private property other than the owner’s or on public walks and recreation areas unless such waste is immediately removed and property disposed of by the owner.
2.       Causes unsanitary, dangerous or offensive conditions.
3.       Causes a disturbance by frequent and habitual howling, yelping, barking, or otherwise; or by running after or chasing persons, bicycles, automobiles or other vehicles, molests, attacks or interferes with person or other domestic animals on public property.

 

 

SECTION 8.         PENALTIES.  After receiving two prior warnings of violations of this ordinance from any law enforcement official, any person violating any of the provisions of this ordinance is guilty of a simple misdemeanor. Any person convicted of such violation shall be punished by a fine of not more than $625.00, not less than $100.00.

(Code of Iowa, Sec. 331.302(2))

 

SECTION 9.         REPEALER.  All ordinances or part of ordinances in conflict with the provisions of this ordinance are hereby repealed.

 

SECTION 10.                       SEVERABILITY CLAUSE.  If any section, Provision or part of this ordinance shall be adjudged invalid or unconstitutional, such adjudication shall not affect the validity of the ordinance as a whole or any section, provision, or part thereof not adjudged invalid or unconstitutional.

 

SECTION 11.       EFFECTIVE DATE.  This ordinance shall be in full force and effect from and after its passage and publication as provided by law.