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Animal Ordinances

SECTION 19-3. BOTHERSOME ANIMALS.

It is unlawful for a person to keep within the city such bothersome animals such as cats, bees, cattle, horses, goats, swine, sheep, fowl, cats and barking dogs which tend to disrupt the peace and good order of the community. (Ord. No. 601, Section 1, 8-28-78; Ord. No. 909, 1-23-95.)

SECTION 19-4. RUNNING AT LARGE.

It shall be unlawful to permit any animal, including fowl, to run at large. (Ord. No. 91, Section 1, 4-21-13.)

SECTION 19-5. IMPOUNDING - - GENERALLY.

Any animal found running at large or found staked or tied out to graze contrary to the provisions of this chapter shall be impounded. (Ord. No. 91, Section 2, 4-21-13.)

SECTION 19-9. VICIOUS ANIMALS.

1. It shall be unlawful for any person to harbor or keep a vicious animal within the city. This section shall not apply to animals which are kept for the protection of property, provided that such animals are restrained by a leash, chain, cage, fence or other adequate means from contact with the general public or with a person who enters the premises with the actual or implied permission of the owner or occupant, nor to the animals under the control of a law enforcement or military agency.

2. A “vicious animal” as used herein shall mean any animal which has previously attacked or bitten any person or which has behaved in a manner that the person who harbors said animal knows, or should reasonably know, that the animal is possessed of tendencies to attack or bite persons.

3. Enforcement of this section may be accomplished by the city in any manner authorized by law, including an action to abate public nuisance. In addition, any person who harbors or keeps a vicious animal within the city, in violation of this section, upon conviction, shall be guilty of a municipal infraction.

4. In the event of any inconsistency in the application of this provision with Article II hereof pertaining to the regulations of vicious dogs, Article II shall be controlling.

SECTION 19-10. OWNER’S DUTY.

1. It shall be the duty of the owner of any dog, cat, or other animal which has bitten or attacked a person, or any person having knowledge of such bite or attack, to report this act to the chief of police within twenty-four (24) hours.

2. The owner of any dog, cat, or other animal who fails to report to the chief of police as required herein, upon conviction, shall be guilty of a municipal infraction.

3. In the event of any inconsistency in the application of this provision with Article II hereof pertaining to the regulations of vicious dogs, Article II shall be controlling.

SECTION 19-11. CONFINEMENT.

When the chief of police receives information that any person has been bitten by an animal or that a dog or animal is suspected of having rabies, then:

1. Licensed dogs, cats or other animals with a certification it has been vaccinated against rabies shall be ordered confined by the owner as the chief of police directs. If the owner fails to confine such animal in the manner directed, the animal shall be impounded.

2. Unlicensed or unvaccinated dogs, cats or other animals shall be immediately apprehended and impounded by the chief of police.

3. Impounded dogs, cats or other animals shall be held for fourteen (14) days and thereafter may be recovered by the owner upon proper identification, payment of license fees, impounding fee and boarding costs, and the costs of vaccinating if required by Section 19-41. If such animals are not claimed within seven (7) days after notice, they shall be disposed of in a humane manner as directed by the City Council.

4. In the event of any inconsistency in the application of this provision with Article II hereof pertaining to the regulations of vicious dogs, Article II shall be controlling.

SECTIONS 19-12 - - 19-19. Reserved.

SECTION 19-22. AT LARGE PROHIBITED.

No owner of any dog or cat shall permit such dog or cat to run at large, whether the dog or cat be licensed or unlicensed. (Ord. No. 621, Section 5, 4-16-79; Ord. No. 795, 6-22-87.)

SECTION 19-23. ACTIONS OF DOGS OR CATS CONSTITUTING A NUISANCE.

1. It shall be unlawful for an owner of a dog or cat to allow or permit the dog or cat to pass upon the premises of another or the public, thereby creating damage to, soiling of, or interference with the premises.

2. It shall be unlawful for an owner of a dog or cat to allow or permit such dog or cat to cause serious annoyance or disturbance to any person or persons by frequent and habitual howling, yelping, barking or otherwise; or by running after or chasing persons, bicycles, automobiles or other vehicles. (Ord. No. 621, Section 6, 4-16-79.)

SECTION 19-24. IMPOUNDING.

1. Any licensed or unlicensed dog or cat found at large in violation of Section 19-22 shall be seized and impounded; or, at the discretion of the chief of police, the owner may be served a summons to appear before a proper court to answer charges made thereunder.

2. Owners of licensed dogs and cats shall be notified within two (2) days that upon payment of impounding fees of twenty dollars ($20.00) plus cost of food and care in a reasonable amount, the dog or cat will be returned. If the impounded licensed dogs and cats are not recovered by their owners within seven (7) days after notice, the dogs and cats shall be disposed of in a humane manner as directed by the city council.

3. Unlicensed dogs or cats may be recovered by the owner, upon proper identification, by payment of the dog’s or cat’s license fee, impounding fee and boarding costs, and the costs of such vaccination if vaccination is required by Section 19-31. If such dogs or cats can be identified, their owners shall be notified as provided in subsection 2 above. If the owner of a dog or cat cannot be located within seven (7) days, the animal may be humanely destroyed or otherwise disposed of in accordance with law. (Ord. No. 621, Section 7, 4-16-79; Ord. No. 734, Sections 1, 2, 8-8-83; Ord. No. 835, 1-14-91.)

SECTION 19-25. PENALTY.

Any owner violating any of the provisions of this article shall, upon conviction, be guilty of a municipal infraction. (Ord. No. 621, Section 8, 4-16-79; Ord. NO. 795, 6-22-87.)

SECTION 19-26. DEFINITIONS.

As used in Sections 19-26 through 19-33, inclusive, the following words and terms shall have the following meanings, unless the context shall indicate another or different meaning or intent:

1. “Vicious Dog” means:

A. Any dog which when unprovoked, in a vicious or terrorizing manner approaches any person in apparent attitude of attack upon the streets, sidewalks, or any public grounds or places; or

B. Any dog with a known propensity, tendency or disposition to attack unprovoked, to cause injury or to otherwise endanger the safety of human beings or domestic animals; or

C. Any dog which bites, inflicts injury, assaults or otherwise attacks a human being or domestic animal without provocation on public or private property; or

D. Any dog owned or harbored primarily or in part for the purpose of dog fighting or any dog trained for dog fighting.

Notwithstanding the definition of a vicious dog above, no dog may be declared vicious if an injury or damage is sustained by a person who, at the time such injury or damage was sustained, was committing a willful trespass or other tort upon premises occupied by the owner or keeper of the dog, or was teasing, tormenting, abusing or assaulting the dog or was committing or attempting to commit a crime.

No dog may be declared vicious if any injury or damage was sustained by a domestic animal which at the time such injury or damage was sustained was teasing, tormenting, abusing or assaulting the dog. No dog may be declared vicious if the dog was protecting or defending a human being within the immediate vicinity of the dog from an unjustified attack or assault.

2. “Enclosure” means a fence or structure of at least six feet “6’) in height, forming or causing an enclosure suitable to prevent the entry of young children, and suitable to confine a vicious dog. Such enclosure shall be securely enclosed and locked and designed with secure sides, top and bottom and shall be designed to prevent the animal from escaping from the enclosure. Any gates or access to the enclosure shall be self closing and equipped with a keyed or combination locking device.

3. “Animal Control Officer” means the Animal Control Warden, the Chief of Police or the Chief’s designee.

4. “Impounded” means taken into custody by the Animal Control Officer.

5. “Persons” means a natural person or any legal entity, including but not limited to, a corporation, firm, partnership or trust.

SECTION 19-27. VICIOUS DOG – DESIGNATION.

In the event that the Animal Control Officer has probable cause to believe that a dog is vicious, said officer shall notify, in writing, by personal service or certified mail, the owner and keeper of said dog, that said dog has been declared a vicious dog.

The written notice shall include:

1. Description of the dog, to the extent possible;

2. State that the dog is vicious pursuant to the provisions of this chapter;

3. State that within five (5) days, exclusive of Saturdays and Sundays, from the receipt of notice the owner or keeper of the dog shall:

A. Register said vicious dog pursuant to the terms and conditions of Section 19-29 below, or;

B. Permanently remove said dog from the city of Oelwein, and submit adequate proof of such removal, or;

C. Destroy said dog in an expeditious and humane manner, and submit adequate written documentation of such act.

4. State that the owner or keeper of the dog may appeal the decision of the Animal Control Officer to the City Council, in writing, within five (5) days, exclusive of Saturdays and Sundays. The notice shall further advise that in the event there is no written notice of appeal filed with the City Clerk within five (5) days, exclusive of Saturdays and Sundays, the right to appeal will be deemed waived and the decision of the Animal Control Officer will be conclusively presumed.

5. State that if the vicious dog has not been registered, removed or destroyed or if no appeal is requested within the five (5) days, exclusive of Saturdays and Sundays, the city will impound the dog and assess the costs against the owner and keeper of the dog.

SECTION 19-28. APPEALS.

Any owner or keeper of a dog that has been declared vicious may appeal to the City Council for review. The appeal must be in writing and received by the City Clerk within five (5) days, exclusive of Saturdays and Sundays, of the Animal Control Officers notice. The City Council shall, within fourteen (14) days of receipt of the appeal, fix the time and place of the hearing, which shall be within thirty days after the filing of the appeal. The City Council, after hearing such testimony and evidence as it may deem proper, shall render its decision. The decision of the City Council shall be final and the Animal Control Officer shall take such action as is necessary to carry out such decision.

In the event that the Animal Control Officer has probable cause to believe that the dog in question is vicious and may pose a threat of serious harm to human beings or other domestic animals, the Animal Control Officer may seize and impound the dog pending the appeal. The owner or keeper of the dog shall be liable to the City of Oelwein for the costs and expenses of keeping such dog if the dog is found to be a vicious dog.

SECTION 19-29. REQUIREMENTS FOR REGISTRATION.

1. No vicious dog shall be licensed by the City of Oelwein for any licensing period commencing after the effective date of this ordinance unless the owner or keeper of such vicious dog shall meet the following requirements:

A. The owner or keeper shall present to the city or town clerk or other licensing authority, proof that the owner or keeper has procured liability insurance issued by an insurance company licensed to do business in the State of Iowa, in the amount of at least one hundred thousand dollars ($100,000.00) covering any damage or injury which may be caused by such vicious dog during the twelve (12) month period for which licensing is sought, which policy shall contain a provision requiring the city or town to be named as additional insured for the sole purpose of the city or town clerk or other licensing authority where such dog is licensed to be notified by the insurance company of any cancellation, termination or expiration of the liability insurance policy.

B. The owner or keeper shall cause the vicious dog to be identified by means of a special blaze orange collar visible from a distance of 100 feet, which the dog must wear at all times.

C. The owner or keeper shall display a sign on his or her premises warning that there is a vicious dog on the premises. Said sign shall be visible and capable of being read from the public highway.

D. The owner or keeper shall sign a statement attesting that:

1. The owner or keeper shall maintain and not voluntarily cancel the liability insurance required by this section during the twelve (12) month period for which licensing is sought, unless the owner or keeper shall cease to own or keep the vicious dog prior to expiration of such license.

2. The owner or keeper shall, on or prior to the effective date of such license for which application is being made, have an enclosure for the vicious dog on the property where the vicious dog will be kept or maintained.

3. The owner or keeper shall notify the licensing authority and the animal control warden immediately if a vicious dog is on the loose, is unconfined, has attacked another animal or has attacked a human being, or has died or has been sold or given away. If the vicious dog has been sold or given away the owner or keeper shall also provide the licensing authority with the name, address and telephone number of the new owner of the vicious dog.

4. The Animal control Officer is hereby empowered to make whatever inquiry is deemed necessary to ensure compliance with the provisions of this chapter, and any such officer is hereby empowered to seize and impound any vicious dog whose owner or keeper fails to comply with the provisions hereof.

In the event that the owner or keeper of the dog refuses to surrender the animal to the officer, the officer may request a police officer to obtain a search warrant to seize the dog upon execution of the warrant.

Notwithstanding any other provisions of this code, any person in possession of a vicious dog upon the effective date of this ordinance shall have fourteen days to amend any current license application to show compliance with Section 19-29 of this code.

SECTION 19-30. CONTROL OF VICIOUS DOGS.

All vicious dogs shall be confined in an enclosure. It shall be unlawful for any owner or keeper to maintain a vicious dog upon any premises which does not have a locked enclosure.

It shall be unlawful for any owner or keeper to allow any vicious dog to be outside of the dwelling of the owner or keeper or outside of the enclosure unless it is necessary for the owner or keeper to obtain veterinary care for the vicious dog or to sell or give away the vicious dog or to comply with commands or directions of the animal control warden with respect to the vicious dog, or to comply with the provisions of Section 19-27(3) of this Chapter. In such event, the vicious dog shall be securely muzzled and restrained with a chain having a minimum tensile strength of three hundred (300) pounds and not exceeding three feet (3’) in length, and shall be under the direct control and supervision of the owner or keeper of the vicious dog.

SECTION 19-40. REQUIRED.

The owner of any dog or cat over four (4) months old, except dogs kept in State or Federally licensed kennels and not allowed to run at large, shall annually obtain a license therefore from the City Clerk. (Ord. No. 835, 1-14-91.)

SECTION 19-41. INOCULATION AGAINST RABIES REQUIRED.

1. All dogs and cats four (4) months or older shall be vaccinated against rabies. Before issuance of the license, the owner shall furnish a veterinarian’s certificate showing that the dog or cat for which the license is sought has been vaccinated and that the vaccination does not expire within six (6) months from the effective date of the dog or cat license. It shall be a violation of this article for any dog or cat to not be vaccinated against rabies. A tag showing evidence of proper vaccination shall be worn by every dog or cat when not confined.

SECTION 19-42. FORM OF APPLICATION.

The application for license shall be in writing on blanks furnished by the City Clerk and shall state the breed, sex, age, color, markings and name, if any, of the dog or cat and the address of the owner and the application shall be signed by the owner.

SECTION 19-43. TIME TO OBTAIN.

The owner of a dog or cat for which a license is required shall secure it on or before the first day of January of each year. If a dog or cat not licensed by the city has come into possession of the owner or has reached the age of four (4) months after the first day of January, the license shall be secured at that later time.

SECTION 19-44. TIME OF EXPIRATION.

All licenses shall expire on the first day of January of the year following the date of issuance.

SECTION 19-45. FEES.

The annual city license fee for dogs and cats shall be three ($3.00) for each male dog or cat, five dollars ($5.00) for each female dog or cat and three dollars ($3.00) for each spayed dog or cat.

SECTION 19-46. DELINQUENCY PENALTY.

All unpaid license fees shall become delinquent on the first day of July of the year of which they are due and payable and from and after said date a penalty of two dollars ($2.00) shall be added to each delinquent license fee. (Ord. No. 815, 1-10-89; Ord. No. 909, 1-23-95.)

SECTION 19-47. LICENSE AND TAG.

1. Upon payment of the license fee, the City Clerk shall issue to the owner a license which shall contain the name of the owner, his place of residence and a description of the dog. The City Clerk shall keep a duplicate of each license issued as a public record.

2. Upon issuance of the license, the City Clerk shall deliver to the owner a metal tag stamped with the number of the license and the year for which it is issued. The license tag shall be securely fastened to a collar or harness which shall be worn by the dog or cat for which the license is issued. The metal tag shall also have stamped thereon that it has been issued by the City of Oelwein.

3. Any dog or cat found running at large without the license tag attached to its collar or harness shall be deemed unlicensed.

4. Upon the filing of an affidavit that the license tag has been lost or destroyed, the owner may obtain another tag on the payment of one dollar ($1.00). The City Clerk shall enter in the license record the new number assigned.

5. A license tag issued for a dog or cat shall not be transferred to another dog or cat.

(Ord. No. 815, 1-10-89; Ord. No. 909, 1-23-95.)

SECTION 19-3. BOTHERSOME ANIMALS.

It is unlawful for a person to keep within the city such bothersome animals such as cats, bees, cattle, horses, goats, swine, sheep, fowl, cats and barking dogs which tend to disrupt the peace and good order of the community. (Ord. No. 601, Section 1, 8-28-78; Ord. No. 909, 1-23-95.)

SECTION 19-4. RUNNING AT LARGE.

It shall be unlawful to permit any animal, including fowl, to run at large. (Ord. No. 91, Section 1, 4-21-13.)

SECTION 19-5. IMPOUNDING - - GENERALLY.

Any animal found running at large or found staked or tied out to graze contrary to the provisions of this chapter shall be impounded. (Ord. No. 91, Section 2, 4-21-13.)

SECTION 19-9. VICIOUS ANIMALS.

1. It shall be unlawful for any person to harbor or keep a vicious animal within the city. This section shall not apply to animals which are kept for the protection of property, provided that such animals are restrained by a leash, chain, cage, fence or other adequate means from contact with the general public or with a person who enters the premises with the actual or implied permission of the owner or occupant, nor to the animals under the control of a law enforcement or military agency.

2. A “vicious animal” as used herein shall mean any animal which has previously attacked or bitten any person or which has behaved in a manner that the person who harbors said animal knows, or should reasonably know, that the animal is possessed of tendencies to attack or bite persons.

3. Enforcement of this section may be accomplished by the city in any manner authorized by law, including an action to abate public nuisance. In addition, any person who harbors or keeps a vicious animal within the city, in violation of this section, upon conviction, shall be guilty of a municipal infraction.

4. In the event of any inconsistency in the application of this provision with Article II hereof pertaining to the regulations of vicious dogs, Article II shall be controlling.

SECTION 19-10. OWNER’S DUTY.

1. It shall be the duty of the owner of any dog, cat, or other animal which has bitten or attacked a person, or any person having knowledge of such bite or attack, to report this act to the chief of police within twenty-four (24) hours.

2. The owner of any dog, cat, or other animal who fails to report to the chief of police as required herein, upon conviction, shall be guilty of a municipal infraction.

3. In the event of any inconsistency in the application of this provision with Article II hereof pertaining to the regulations of vicious dogs, Article II shall be controlling.

SECTION 19-11. CONFINEMENT.

When the chief of police receives information that any person has been bitten by an animal or that a dog or animal is suspected of having rabies, then:

1. Licensed dogs, cats or other animals with a certification it has been vaccinated against rabies shall be ordered confined by the owner as the chief of police directs. If the owner fails to confine such animal in the manner directed, the animal shall be impounded.

2. Unlicensed or unvaccinated dogs, cats or other animals shall be immediately apprehended and impounded by the chief of police.

3. Impounded dogs, cats or other animals shall be held for fourteen (14) days and thereafter may be recovered by the owner upon proper identification, payment of license fees, impounding fee and boarding costs, and the costs of vaccinating if required by Section 19-41. If such animals are not claimed within seven (7) days after notice, they shall be disposed of in a humane manner as directed by the City Council.

4. In the event of any inconsistency in the application of this provision with Article II hereof pertaining to the regulations of vicious dogs, Article II shall be controlling.

SECTIONS 19-12 - - 19-19. Reserved.

SECTION 19-22. AT LARGE PROHIBITED.

No owner of any dog or cat shall permit such dog or cat to run at large, whether the dog or cat be licensed or unlicensed. (Ord. No. 621, Section 5, 4-16-79; Ord. No. 795, 6-22-87.)

SECTION 19-23. ACTIONS OF DOGS OR CATS CONSTITUTING A NUISANCE.

1. It shall be unlawful for an owner of a dog or cat to allow or permit the dog or cat to pass upon the premises of another or the public, thereby creating damage to, soiling of, or interference with the premises.

2. It shall be unlawful for an owner of a dog or cat to allow or permit such dog or cat to cause serious annoyance or disturbance to any person or persons by frequent and habitual howling, yelping, barking or otherwise; or by running after or chasing persons, bicycles, automobiles or other vehicles. (Ord. No. 621, Section 6, 4-16-79.)

SECTION 19-24. IMPOUNDING.

1. Any licensed or unlicensed dog or cat found at large in violation of Section 19-22 shall be seized and impounded; or, at the discretion of the chief of police, the owner may be served a summons to appear before a proper court to answer charges made thereunder.

2. Owners of licensed dogs and cats shall be notified within two (2) days that upon payment of impounding fees of twenty dollars ($20.00) plus cost of food and care in a reasonable amount, the dog or cat will be returned. If the impounded licensed dogs and cats are not recovered by their owners within seven (7) days after notice, the dogs and cats shall be disposed of in a humane manner as directed by the city council.

3. Unlicensed dogs or cats may be recovered by the owner, upon proper identification, by payment of the dog’s or cat’s license fee, impounding fee and boarding costs, and the costs of such vaccination if vaccination is required by Section 19-31. If such dogs or cats can be identified, their owners shall be notified as provided in subsection 2 above. If the owner of a dog or cat cannot be located within seven (7) days, the animal may be humanely destroyed or otherwise disposed of in accordance with law. (Ord. No. 621, Section 7, 4-16-79; Ord. No. 734, Sections 1, 2, 8-8-83; Ord. No. 835, 1-14-91.)

SECTION 19-25. PENALTY.

Any owner violating any of the provisions of this article shall, upon conviction, be guilty of a municipal infraction. (Ord. No. 621, Section 8, 4-16-79; Ord. NO. 795, 6-22-87.)

SECTION 19-26. DEFINITIONS.

As used in Sections 19-26 through 19-33, inclusive, the following words and terms shall have the following meanings, unless the context shall indicate another or different meaning or intent:

1. “Vicious Dog” means:

A. Any dog which when unprovoked, in a vicious or terrorizing manner approaches any person in apparent attitude of attack upon the streets, sidewalks, or any public grounds or places; or

B. Any dog with a known propensity, tendency or disposition to attack unprovoked, to cause injury or to otherwise endanger the safety of human beings or domestic animals; or

C. Any dog which bites, inflicts injury, assaults or otherwise attacks a human being or domestic animal without provocation on public or private property; or

D. Any dog owned or harbored primarily or in part for the purpose of dog fighting or any dog trained for dog fighting.

Notwithstanding the definition of a vicious dog above, no dog may be declared vicious if an injury or damage is sustained by a person who, at the time such injury or damage was sustained, was committing a willful trespass or other tort upon premises occupied by the owner or keeper of the dog, or was teasing, tormenting, abusing or assaulting the dog or was committing or attempting to commit a crime.

No dog may be declared vicious if any injury or damage was sustained by a domestic animal which at the time such injury or damage was sustained was teasing, tormenting, abusing or assaulting the dog. No dog may be declared vicious if the dog was protecting or defending a human being within the immediate vicinity of the dog from an unjustified attack or assault.

2. “Enclosure” means a fence or structure of at least six feet “6’) in height, forming or causing an enclosure suitable to prevent the entry of young children, and suitable to confine a vicious dog. Such enclosure shall be securely enclosed and locked and designed with secure sides, top and bottom and shall be designed to prevent the animal from escaping from the enclosure. Any gates or access to the enclosure shall be self closing and equipped with a keyed or combination locking device.

3. “Animal Control Officer” means the Animal Control Warden, the Chief of Police or the Chief’s designee.

4. “Impounded” means taken into custody by the Animal Control Officer.

5. “Persons” means a natural person or any legal entity, including but not limited to, a corporation, firm, partnership or trust.

SECTION 19-27. VICIOUS DOG – DESIGNATION.

In the event that the Animal Control Officer has probable cause to believe that a dog is vicious, said officer shall notify, in writing, by personal service or certified mail, the owner and keeper of said dog, that said dog has been declared a vicious dog.

The written notice shall include:

1. Description of the dog, to the extent possible;

2. State that the dog is vicious pursuant to the provisions of this chapter;

3. State that within five (5) days, exclusive of Saturdays and Sundays, from the receipt of notice the owner or keeper of the dog shall:

A. Register said vicious dog pursuant to the terms and conditions of Section 19-29 below, or;

B. Permanently remove said dog from the city of Oelwein, and submit adequate proof of such removal, or;

C. Destroy said dog in an expeditious and humane manner, and submit adequate written documentation of such act.

4. State that the owner or keeper of the dog may appeal the decision of the Animal Control Officer to the City Council, in writing, within five (5) days, exclusive of Saturdays and Sundays. The notice shall further advise that in the event there is no written notice of appeal filed with the City Clerk within five (5) days, exclusive of Saturdays and Sundays, the right to appeal will be deemed waived and the decision of the Animal Control Officer will be conclusively presumed.

5. State that if the vicious dog has not been registered, removed or destroyed or if no appeal is requested within the five (5) days, exclusive of Saturdays and Sundays, the city will impound the dog and assess the costs against the owner and keeper of the dog.

SECTION 19-28. APPEALS.

Any owner or keeper of a dog that has been declared vicious may appeal to the City Council for review. The appeal must be in writing and received by the City Clerk within five (5) days, exclusive of Saturdays and Sundays, of the Animal Control Officers notice. The City Council shall, within fourteen (14) days of receipt of the appeal, fix the time and place of the hearing, which shall be within thirty days after the filing of the appeal. The City Council, after hearing such testimony and evidence as it may deem proper, shall render its decision. The decision of the City Council shall be final and the Animal Control Officer shall take such action as is necessary to carry out such decision.

In the event that the Animal Control Officer has probable cause to believe that the dog in question is vicious and may pose a threat of serious harm to human beings or other domestic animals, the Animal Control Officer may seize and impound the dog pending the appeal. The owner or keeper of the dog shall be liable to the City of Oelwein for the costs and expenses of keeping such dog if the dog is found to be a vicious dog.

SECTION 19-29. REQUIREMENTS FOR REGISTRATION.

1. No vicious dog shall be licensed by the City of Oelwein for any licensing period commencing after the effective date of this ordinance unless the owner or keeper of such vicious dog shall meet the following requirements:

A. The owner or keeper shall present to the city or town clerk or other licensing authority, proof that the owner or keeper has procured liability insurance issued by an insurance company licensed to do business in the State of Iowa, in the amount of at least one hundred thousand dollars ($100,000.00) covering any damage or injury which may be caused by such vicious dog during the twelve (12) month period for which licensing is sought, which policy shall contain a provision requiring the city or town to be named as additional insured for the sole purpose of the city or town clerk or other licensing authority where such dog is licensed to be notified by the insurance company of any cancellation, termination or expiration of the liability insurance policy.

B. The owner or keeper shall cause the vicious dog to be identified by means of a special blaze orange collar visible from a distance of 100 feet, which the dog must wear at all times.

C. The owner or keeper shall display a sign on his or her premises warning that there is a vicious dog on the premises. Said sign shall be visible and capable of being read from the public highway.

D. The owner or keeper shall sign a statement attesting that:

1. The owner or keeper shall maintain and not voluntarily cancel the liability insurance required by this section during the twelve (12) month period for which licensing is sought, unless the owner or keeper shall cease to own or keep the vicious dog prior to expiration of such license.

2. The owner or keeper shall, on or prior to the effective date of such license for which application is being made, have an enclosure for the vicious dog on the property where the vicious dog will be kept or maintained.

3. The owner or keeper shall notify the licensing authority and the animal control warden immediately if a vicious dog is on the loose, is unconfined, has attacked another animal or has attacked a human being, or has died or has been sold or given away. If the vicious dog has been sold or given away the owner or keeper shall also provide the licensing authority with the name, address and telephone number of the new owner of the vicious dog.

2. The Animal control Officer is hereby empowered to make whatever inquiry is deemed necessary to ensure compliance with the provisions of this chapter, and any such officer is hereby empowered to seize and impound any vicious dog whose owner or keeper fails to comply with the provisions hereof.

In the event that the owner or keeper of the dog refuses to surrender the animal to the officer, the officer may request a police officer to obtain a search warrant to seize the dog upon execution of the warrant.

Notwithstanding any other provisions of this code, any person in possession of a vicious dog upon the effective date of this ordinance shall have fourteen days to amend any current license application to show compliance with Section 19-29 of this code.

SECTION 19-30. CONTROL OF VICIOUS DOGS.

All vicious dogs shall be confined in an enclosure. It shall be unlawful for any owner or keeper to maintain a vicious dog upon any premises which does not have a locked enclosure.

It shall be unlawful for any owner or keeper to allow any vicious dog to be outside of the dwelling of the owner or keeper or outside of the enclosure unless it is necessary for the owner or keeper to obtain veterinary care for the vicious dog or to sell or give away the vicious dog or to comply with commands or directions of the animal control warden with respect to the vicious dog, or to comply with the provisions of Section 19-27(3) of this Chapter. In such event, the vicious dog shall be securely muzzled and restrained with a chain having a minimum tensile strength of three hundred (300) pounds and not exceeding three feet (3’) in length, and shall be under the direct control and supervision of the owner or keeper of the vicious dog.

SECTION 19-40. REQUIRED.

The owner of any dog or cat over four (4) months old, except dogs kept in State or Federally licensed kennels and not allowed to run at large, shall annually obtain a license therefore from the City Clerk. (Ord. No. 835, 1-14-91.)

SECTION 19-41. INOCULATION AGAINST RABIES REQUIRED.

1. All dogs and cats four (4) months or older shall be vaccinated against rabies. Before issuance of the license, the owner shall furnish a veterinarian’s certificate showing that the dog or cat for which the license is sought has been vaccinated and that the vaccination does not expire within six (6) months from the effective date of the dog or cat license. It shall be a violation of this article for any dog or cat to not be vaccinated against rabies. A tag showing evidence of proper vaccination shall be worn by every dog or cat when not confined.

SECTION 19-42. FORM OF APPLICATION.

The application for license shall be in writing on blanks furnished by the City Clerk and shall state the breed, sex, age, color, markings and name, if any, of the dog or cat and the address of the owner and the application shall be signed by the owner.

SECTION 19-43. TIME TO OBTAIN.

The owner of a dog or cat for which a license is required shall secure it on or before the first day of January of each year. If a dog or cat not licensed by the city has come into possession of the owner or has reached the age of four (4) months after the first day of January, the license shall be secured at that later time.

SECTION 19-44. TIME OF EXPIRATION.

All licenses shall expire on the first day of January of the year following the date of issuance.

SECTION 19-45. FEES.

The annual city license fee for dogs and cats shall be three ($3.00) for each male dog or cat, five dollars ($5.00) for each female dog or cat and three dollars ($3.00) for each spayed dog or cat.

SECTION 19-46. DELINQUENCY PENALTY.

All unpaid license fees shall become delinquent on the first day of July of the year of which they are due and payable and from and after said date a penalty of two dollars ($2.00) shall be added to each delinquent license fee. (Ord. No. 815, 1-10-89; Ord. No. 909, 1-23-95.)

SECTION 19-47. LICENSE AND TAG.

1. Upon payment of the license fee, the City Clerk shall issue to the owner a license which shall contain the name of the owner, his place of residence and a description of the dog. The City Clerk shall keep a duplicate of each license issued as a public record.

2. Upon issuance of the license, the City Clerk shall deliver to the owner a metal tag stamped with the number of the license and the year for which it is issued. The license tag shall be securely fastened to a collar or harness which shall be worn by the dog or cat for which the license is issued. The metal tag shall also have stamped thereon that it has been issued by the City of Oelwein.

3. Any dog or cat found running at large without the license tag attached to its collar or harness shall be deemed unlicensed.

4. Upon the filing of an affidavit that the license tag has been lost or destroyed, the owner may obtain another tag on the payment of one dollar ($1.00). The City Clerk shall enter in the license record the new number assigned.

5. A license tag issued for a dog or cat shall not be transferred to another dog or cat.

(Ord. No. 815, 1-10-89; Ord. No. 909, 1-23-95.)

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City of Oelwein's Ordinances

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Oelwein Police History

The Oelwein Police Department was established in 1903

 


The Oelwein Police Department was established in 1903 as the recognized law enforcement for the City of Oelwein

Currently the Oelwein Police Department employs:
10 Full Time Police Officers
4 Full Time Communications Operators
1 Administrative Assistant

7 Reserve (Volunteer) Police Officers

 

The Oelwein Police Department is located at 501 Rock Island Road, Oelwein, Iowa 50662.

 

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Address: 501 Rock Island Rd, Oelwein, Iowa 50662

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