Chapter 55 – Animal Protection and Control

55.01 DEFINITIONS.

The following terms are defined for use in this chapter.

  1. “Animal” means a nonhuman vertebrate.

    (Code of Iowa, Sec. 717B.1)
  2. “At large” means off the premises of the owner and not under the control of a competent person, restrained within a motor vehicle, or housed in a veterinary hospital or kennel.
  3. “Livestock” means an animal belonging to the bovine, caprine, equine, ovine 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)
  4. “Owner” means any person owning, keeping, sheltering or harboring an animal.

55.02 ANIMAL NEGLECT.

It is unlawful for a person who impounds or confines, in any place, an animal, excluding livestock, to fail to supply the animal during confinement with a sufficient quantity of food or water, or to fail 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.

(Code of Iowa, Sec. 717B.3)

55.03 LIVESTOCK NEGLECT.

It is unlawful for a person who impounds or confines livestock in any place to fail to provide the livestock with care consistent with customary animal husbandry practices or to deprive the livestock of necessary sustenance or to injure or destroy livestock by any means which causes pain or suffering in a manner inconsistent with customary animal husbandry practices.

(Code of Iowa, Sec. 717.2)

55.04 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.

(Code of Iowa, Sec. 717B.8)

55.05 LIVESTOCK.

It is unlawful for a person to keep livestock within the City except by written consent of the Council or except in compliance with the City’s zoning regulations.

55.06 AT LARGE PROHIBITED.

It is unlawful for any owner to allow an animal to run at large within the corporate limits of the City.

55.07 DAMAGE OR INTERFERENCE.

It is unlawful for the owner of an animal to allow or permit such animal to pass upon the premises of another thereby causing damage to, or interference with, the premises.

55.08 ANNOYANCE OR DISTURBANCE.

It is unlawful for the owner of a dog to allow or permit such dog to cause serious annoyance or disturbance to any person or persons by frequent and habitual howling, yelping, barking, by running after or chasing persons, bicycles, automobiles or other vehicles, or the unkept area of an animal, including kennels.

(Ord. 663 – Mar. 12 Supp.)

55.09 VICIOUS DOGS.

It is unlawful for any person to harbor or keep a vicious dog within the City. A dog is deemed to be vicious when it has attacked or bitten any person without provocation, or when propensity to attack or bite persons exists and is known or ought reasonably to be known to the owner.

55.10 RABIES VACCINATION.

Every owner of a dog shall obtain a rabies vaccination for such animal. It is unlawful for any person to own or have a dog in said person’s possession, six months of age or over, which has not been vaccinated against rabies. Dogs kept in kennels and not allowed to run at large are not subject to these vaccination requirements.

(Code of Iowa, Sec. 351.33)

55.11 OWNER’S DUTY.

It is 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 a local health or law enforcement official. It is the duty of physicians and veterinarians to report to the local board of health the existence of any animal known or suspected to be suffering from rabies.

(Code of Iowa, Sec. 351.38)

55.12 CONFINEMENT.

If a local board of health receives information that an animal has bitten a person or that a dog or animal is suspected of having rabies, the board shall order the owner to confine such animal in the manner it directs. If the owner fails to confine such animal in the manner directed, the animal shall be apprehended and impounded by such board, and after ten (10) days the board may humanely destroy the animal. If such animal is returned to its owner, the owner shall pay the cost of impoundment. This section does not apply if a police service dog or a horse used by a law enforcement agency and acting in the performance of its duties has bitten a person.

(Code of Iowa, Sec. 351.39)

55.13 AT LARGE: IMPOUNDMENT.

Animals found at large in violation of this chapter shall be seized and impounded at the impoundment facilities utilized by the City, or at the discretion of the peace officer, the owner may be served a summons to appear before a proper court to answer charges made thereunder.

55.14 FINES.

The first violation of Section 55.06 and 55.08 will be a warning. The second offense will be a citation for $100.00. The third offense will be a citation for $250.00 and the animal will be impounded. If the animal is not claimed and all fines paid within seven days of impoundment for a third offense violation, the animal will be euthanized and all costs added to the owner’s taxes.

(Ord. 654 – Mar. 12 Supp.)

55.15 DISPOSITION OF ANIMALS.

When an animal has been apprehended and impounded, written notice shall be provided to the owner within two (2) days after impoundment, if the owner’s name and current address can reasonably be determined by accessing a tag or other device that is on or part of the animal. Impounded animals may be recovered by the owner upon payment of impounding costs, and if an unvaccinated dog, by having it immediately vaccinated. If the owner fails to redeem the animal within seven (7) days from the date that the notice is mailed, or if the owner cannot be located within seven days, the animal shall be disposed of in accordance with law or destroyed by euthanasia.

(Code of Iowa, Sec. 351.37, 351.41)

55.16 PET AWARDS PROHIBITED.

(Code of Iowa, Ch. 717.E)

  1. Definitions. As used in this section, the following terms are defined:
    1. “Advertise” means to present a commercial message in any medium including but not limited to print, radio, television, sign, display, label, tag or articulation.
    2. “Business” means any enterprise relating to any of the following:
      1. The sale or offer for sale of goods or services.
      2. A recruitment for employment or membership in an organization.
      3. A solicitation to make an investment.
      4. An amusement or entertainment activity.
    3. “Fair” means any of the following:
      1. The annual fair and exposition held by the Iowa State Fair Board pursuant to Chapter 173 of the Code of Iowa or any fair event conducted by a fair under the provisions of Chapter 174 of the Code of Iowa.
      2. An exhibition of agricultural or manufactured products.
      3. An event for operation of amusement rides or devices or concession booths.
    4. “Game” means a “game of chance” or “game of skill” as defined in Section 99B.1 of the Code of Iowa.
    5. “Pet” means a living animal which is limited to a dog, cat or an animal 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, snake, turtle, gecko or iguana.
  2. Prohibition. It is unlawful for any person to award a pet or advertise that a pet may be awarded as any of the following:
    1. A prize for participating in a game.
    2. A prize for participating in a fair event.
    3. An inducement or condition for visiting a place of business or attending an event sponsored by a business.
    4. An inducement or condition for executing a contract which includes provisions unrelated to the ownership, care or disposition of the pet.
  3. Exceptions. This section does not apply to any of the following:
    1. A pet shop licensed pursuant to Section 162.5 of the Code of Iowa if the award of a pet is provided in connection with the sale of a pet on the premises of the pet shop.
    2. Youth programs associated with 4-H Clubs; Future Farmers of America; the Izaak Walton League of America; or organizations associated with outdoor recreation, hunting or fishing including but not limited to the Iowa Sportsmen’s Federation.

55.17 LICENSE REQUIRED.

The owner of any dog six months old or older, except dogs kept in kennels for the purpose of breeding and sale or in shelter care facilities licensed by the State of Iowa, shall be responsible for applying for and acquiring a license for such dog as of May 1 of each year.

(Ord. 688 – Dec. 17 Supp.)

55.18 APPLICATION.

The owner of any dog for which a license is required shall, on or before May 1 of each year, apply in writing on forms provided by the City Clerk for a license for each dog owned by the applicant, which application form shall be signed by the owner. The application shall show the breed, sex, age, color, approximate weight, markings, whether the dog is spayed or neutered, and name of the dog and the address and telephone number of the owner. Applications for a license for dogs over which ownership is acquired after May 1 or which dog has reached the age of six months shall be made within one month from the date of acquisition, or within one month after the dog reaches the age of six months. Applications should be submitted to the Bloomfield Police Department at the Davis County Law Center, 102 Anderson Street, Bloomfield, Iowa, 52537.

(Ord. 688 – Dec. 17 Supp.)

55.19 EVIDENCE OF RABIES VACCINATION REQUIRED.

No dog shall be licensed hereunder unless the owner submits evidence that the dog has a current rabies vaccination certificate and the certificate of vaccination has been signed by a licensed veterinarian.

(Ord. 688 – Dec. 17 Supp.)

55.20 EXEMPTIONS.

  1. The license fees hereinafter provided shall not apply to dogs owned by nonresidents temporarily within the City for a period of not more than 30 days, but shall apply to the dogs of any owner becoming a resident of the City within 30 days after establishing such residence.
  2. A license shall not be required of kennel dogs, seeing eye dogs, hearing ear dogs and dogs specifically registered and certified as service dogs.

(Ord. 688 – Dec. 17 Supp.)

55.21 LICENSE FEE.

The fee for the license described in Section 55.17 is $5.00 per dog if the application described in Section 55.18 is properly submitted and received by the Bloomfield Police Department between January 1 and May 1 of the calendar year. The license fee shall be $10.00 if the application is submitted and received by the Bloomfield Police Department between May 2 and December 31 of the calendar year, unless the application is submitted within one month of the date the owner acquires ownership of the dog or within one month of the dog reaching the age of six months, in which case the fee shall be $5.00.

(Ord. 688 – Dec. 17 Supp.)

55.22 ISSUANCE OF TAGS.

  1. When a dog is registered for licensing, a record of the breed, color, name of dog and name of the owner, together with the number of the license issued, shall be made of record in the City Clerk’s office.
  2. The City shall issue a license tag for each dog licensed, and such license tag shall be securely fixed to a suitable collar or harness on each dog licensed and worn by such dog at all times.
  3. The dog tags required by this article shall not be transferable from one dog to another, and no refund shall be made on any dog license fee because of the death of the dog or by reason of the owner leaving the City before the expiration of the license period. 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 $1.00. The City Clerk shall keep a proper record of the issuance of duplicate tags.

(Ord. 688 – Dec. 17 Supp.)