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HomeMy WebLinkAbout~Master - Amending Chapter 3 of Municipal Code, Animal Ordinance ORDINANCE NO. 3030 AN ORDINANCE TO AMEND THE MUNICIPAL CODE OF THE CITY OF AMES, IOWA, BY REPEALING CHAPTER 3 AND ENACTING A NEW CHAPTER 3 ON REGULATING ANIMALS, DANGEROUS ANIMALS, WILD ANIMALS AND TRAPPING; ESTABLISHING A PENALTY; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND ESTABLISHING AN EFFECTIVE DATE. BE IT ENACTED, by the City Council for the City of Ames, Iowa: Section One. The Municipal Code for the City of Ames, Iowa shall be and is hereby amended by repealing Chapter 3 and enacting a new Chapter 3 as follows: "CHAPTER 3 ANIMALS DIVISION I Sec. 3.101. PURPOSE. The purpose of the sections in Division I,of this chapter is to establish regulations regarding the treatment and control of animals in the city. Sec. 3.102. DEFINITIONS The following definitions shall apply in the interpretation and enforcement of this chapter. (1) At large means any animal off the premises of its owner and on other premises against the wishes of the person in possession of such other premises or upon the public streets, alleys, public grounds, school grounds or parks within the city. An animal shall not be deemed at large if: (a) the animal is on the owner's property or a neigh- bor's property with that neighbor's consent; or (b) the animal is confined in a cage or motor vehicle; or (c) the animal is restrained by a leash of sufficient strength to control its action; or (d) a dog is actively engaged in training in dog obedi- ence, for hunting or for other service under con- tinual control of his owner or trainer provided that the owner or trainer is conducting the training in an open public area, is not endangering other users or animals in the area, has the dog within 30 yards and under continual voice control and has in his/- her possession a dog leash appropriate to control the dog. (e) the animal is a draft animal engaged in drawing vehicles or conveyances. (2) Owner includes any person who owns, keeps or harbors an animal. (3) Animal is a nonhuman vertebrate. (State Law Ref. 702.3 Code of Iowa, 1987) (4) Enforcement Officer is an animal control officeror a peace officer. (5) Animal Control Officer is any person designated to enforce the regulations on animals, including those found in this chapter. Sec. 3.103. ANIMALS AT LARGE PROHIBITED All animals shall be restrained by the owners thereof from running at large. Sec. 3.104. IMPOUNDING ANIMALS AT LARGE Any animal found at large shall be apprehended and impound- ed by an enforcement officer. The enforcement officer shall have the right to enter upon private property when it is necessary to do so in order to apprehend any animal that has been running at large. Such entrance upon private property shall be in reasonable pursuit of the animal(s) and shall not include entry into a domicile unless it be at the invitation of the occupant. If the enforcement officer determines that the animal at large is dangerous or fierce and a threat to human safety, and that it cannot be safely captured, the animal may be killed. Sec. 3.105. REDEMPTION OF IMPOUNDED ANIMALS. When an animal has been apprehended and impounded for being at large or for any other reason, said animal may be redeemed by the owner by a payment of the appropriate service fee or fees as established by resolution of the City Council and set out in Appendix E. Sec. 3.106. DISPOSITION OF UNCLAIMED ANIMALS. If the unknown owner of an animal apprehended or impounded cannot be located after seven (7) days from publication of notice, or if such owner when known, does not, after person- al notice, claim the animal within seven (7) days, the animal may be humanely destroyed or otherwise disposed of. If in the opinion of the animal control officer, an animal is too sick or injured to keep humanely for seven (7) days, the animal may be euthanatized. 2 Sec. 3.107. RABIES VACCINATION Every owner of a dog, cat or horse shall obtain a rabies vaccination for each animal between three (3) and four (4) months of age and at such intervals thereafter as stipulated by the manufacturers of the vaccines used. This section applies to all dogs, cats and horses kept within the city, brought into the city for shows, exhibitions or performance, or in transit. This section does not apply to dogs, cats and horses in transit that are continuously held in secure cages and dogs, cats and horses assigned to research, production of biologics, and licensed animal care shelters or similar facilities. Sec. 3.108. FAILURE TO REPORT SUSPECTED RABIES CASES. It shall be the duty of the owner of any animal which has bitten or attacked a person or is suspected of having rabies or any person having knowledge of such bite or attack or suspicion of rabies to report this to a local enforcement officer. Sec. 3.109. CONFINEMENT FOR RABIES DETERMINATION. When an animal control officer receives information that any person has been bitten by an animal or that an animal is suspected of having rabies, the animal control officer shall investigate and may order confinement of the animal in accor- dance with the provisions of this section. Failure or refusal to comply with such order shall be a violation of this section. (1) Dogs or cats may be confined for observation for ten (10) days at the animal shelter or under the care of a licensed veterinarian. The animal control officer may permit confinement at the residence of the owner if the dog or cat has appropriate vaccination records, the dog or cat is not clinically suspected of being rabid and subject to other conditions imposed by the animal control officer. Dogs and cats suspected of rabies may be hu- manely euthanatized and examined by an authorized diag- nostic laboratory for rabies upon the owner's request or when there has been a severe attack on the face or neck. (2) Animals other than dogs or cats which are known to have bitten a person or are suspected of rabies shall be examined by a licensed veterinarian. Depending on the veterinarian's recommendation, the animal may be quar- antined and/or humanely euthanatized and examined by an authorized diagnostic laboratory for rabies. Sec. 3.110. RABIES TAGS. All dogs and cats over the age of four months shall wear a collar or harness to which a valid rabies tag is attached. This section shall not apply to dogs being exhibited or 3 trained at a kennel club event or while being transported to and from such event if the dog is properly controlled and the owner or trainer has in their possession documentation of valid vaccination and registration. Sec. 3.111. STANDARD OF CARE All owners and keepers of any animal shall comply with the following standards of care. Failure to comply with any standards shall be a violation of this section. (1) It shall be the duty of each person keeping an animal to provide adequate food, shelter and water for that ani- mal. No person keeping an animal shall abandon any such animal. Abandon shall mean ceasing to provide control over, shelter, food and water for an animal without having made responsible arrangements for such care, custody, and physical control to be provided by another person. (2) It shall be the duty of each person keeping an animal, and no person keeping an animal shall fail in that duty, to provide adequate food which shall mean providing at intervals appropriate for the species a quantity of whole- some food stuff, suitable for the physical condition and age of the animal, served in a clean receptacle or con- tainer, sufficient to maintain an adequate level of nutri- tion for such animal. (3) It shall be the duty of each person keeping an animal, and no person keeping an animal shall fail in that duty, to provide adequate outdoor shelter for such animal when it is kept outdoors, tanglefree, which shall mean a structurally sound, weather-proof, properly ventilated shelter, which provides access to shade from direct sunlight and regress from exposure to weather condi- tions. The shelter should be appropriate for the parti- cular species and breed. (4) It shall be the duty of each person keeping an animal, and no person keeping an animal shall fail in that duty, to provide adequate indoor shelter for such animal when it is kept indoors, which shall mean a property ventilat- ed and illuminated facility, sufficiently regulated by heating or cooling to protect the animal from extremes of temperature, and to provide for its health and comfort. It should be appropriate for the particular species and breed. (5) It shall be the duty of each person keeping an animal, and no person keeping an animal shall fail in the duty, to provide adequate sanitation which shall mean periodic cleaning or sanitizing housing facilities, and any area where the animal is confined or restrained to remove excreta and other waste materials and dirt, so as to minimize vermin infestation, odors and disease hazards. 4 (6) It shall be the duty of each person keeping an animal, and no person keeping an animal shall fail in that duty, to provide adequate space which shall mean primary enclosures and housing facilities shall be constructed and maintained so as to provide sufficient space to allow each animal to make normal postural and social adjustments with adequate freedom of movement to maintain physical condition. The space shall be appropriate for the par- ticular species. (7) It shall be the duty of each person keeping an animal, and no person keeping an animal shall fail in that duty, to provide adequate veterinary care which shall mean that a sick, diseased, or injured animal shall be provid- ed with a proper program of care by a veterinarian, or humanely euthanatized. All animals shall be provided with proper immunizations and preventive health care including parasite control. (8) It shall be the duty of each person keeping an animal, and no person keeping an animal shall fail in that duty, to provide adequate water which shall mean reasonable access to a supply of clean, fresh, potable water, pro- vided in a sanitary manner. If potable water is not accessible to the animal at all times, it shall be provided daily, for such duration and of sufficient quantity as appropriate for the species. (9) It shall be the duty of each person keeping an animal, and no person keeping an animal shall fail in that duty, to keep the animal cleaned and to provide proper groom- ing as appropriate for the species. Sec. 3.112. SALE OR DISPOSAL OF LIVE ANIMALS; ANI- MALS AS PRIZES (1) No person shall give away any live animal, fish, reptile, or bird as a prize for, or as an inducement to enter any contest, game, or other competition, or as an inducement to enter a place of amusement or offer such vertebrate as an incentive to enter into any business agreement whereby the offer was for the purpose of attracting trade. (2) No person shall sell, offer for sale, raffle, offer or give as a prize, premium or advertising device or display in any store, shop, carnival or other public place a chick, duckling, gosling, or rabbit that has been dyed or otherwise colored artificially. (3) No person may sell chickens or ducklings younger than four weeks of age in quantities of less than twenty-five to a single purchaser. 5 Sec. 3.113. POISONED MEAT. No person shall knowingly expose any poisoned meat or other poisoned substances on public or private property where the same may be taken by any human being or domestic animal. Sec. 3.114. DUTIES UPON STRIKING AN ANIMAL Any person who, as the operator of a motor vehicle, strikes an animal shall report such injury or death to the animal control officer or the Ames Police Department. Sec. 3.115. ANIMAL NUISANCE The following acts and circumstances are hereby declared to be nuisances and therefore prohibited. (1) The keeping of an animal on private property in such number or in such manner that allows for the accumula- tion of solid waste of such animal which becomes a detriment to or menace to the health of the animal, or an annoyance to humans. (2) Allowing any dog to habitually bay or bark or any cat to habitually screech, yell or make a sound of any kind or nature for prolonged periods in such manner as to unreasonably disturb the peace and quiet of the vicinity. (3) Allowing a pet animal to cause any damage or defilement to public or private property: (4) Allowing a pet animal to molest any person on public or private property who has a legitimate reason to be thereon. Sec. 3.116. ANIMALS IN MOTOR VEHICLES; RESCUE No person shall leave an animal unattended in a standing or parked motor vehicle in a manner that endangers the health or safety of the animal. The following persons may use reasonable means, including reasonable force to remove an animal from a motor vehicle when there is an apparent violation of this section. (1) animal control officer under the jurisdiction of a state or local governing body (2) peace officer (3) a professional of a fire or rescue squad The person rescuing the animal shall notify the animal control officer who may take the animal to a veterinarian for treat- ment, if necessary. The cost of such treatment shall be paid by the City and the City shall claim reimbursement from the 6 person judged to be responsible for leaving the animal unat- tended. Sec. 3.117. ANIMAL RELATED EVENTS No performing animal exhibition, circus, or animal related event shall be permitted in which animals are induced or encouraged to perform through the use of chemical, mechani- cal, electrical, or manual devices in a manner which will cause or is likely to cause injury or suffering. All equipment used on a performing animal shall fit properly and be in good working condition. The animal control officer shall be notified of all public animal auctions and all public events in which animals perform, are exhibited or are available for hire. Where applicable, all animal related events, including public auctions, animal exhibitions, and circuses must comply with the standards set out in the Code of Federal Regulations, Title 9, Part 3, Animals and Animal Products. Sec. 3.118. ANIMALS IN TRANSPORT. No person shall transport an animal in a box, container, or cage without proper ventilation and proper space requirements for that animal. Applicable standards set out in the Code of Federal Regulations, Title 9, Part 3, Animals and Animal Products shall apply. Sec. 3.119. ANIMAL WASTE. Any person who walks an animal on private or public grounds shall be responsible for the proper and immediate disposal of the solid waste excreted by that animal, except when the animal is on the owner's or keeper's property. This section shall not apply to animals under control of a handicapped person and especially trained for the purpose of assisting handicapped persons. Sec. 3.120. NOTIFICATION OF GUARD DOG LOCATION. Any person who harbors a guard dog in an area not adjoining the owner's residence shall post notice of the animal's pre- sence and purpose at the place where the dog is being har- bored. Sec. 3.121. SHELTER FEES AND REGULATIONS. There shall be established annually a reasonable schedule of fees for the purpose of defraying the cost of caring for impounded animals. Said fee schedule shall be established by resolution of the City Council and is found in Appendix E. From time to time regulations regarding impoundment, adop- tion and care of animals may be adopted by the Ames Humane League and approved by the Ames City Council. Failure to 7 pay required fees and failure to comply with the regulations shall constitute a violation of this section. Sec. 3.122. HARASSMENT OF ANIMALS. It shall be unlawful to engage in harassment of an animal except when this action is deemed necessary to protect per- sons or their property from the animal. No person, except the owner of an animal or his/her authorized agent shall willfully open any door or gate on any private or public premises for the purpose of enticing or enabling any such animal to leave such premises. Sec. 3.123. DUTY TO REPORT ANIMAL ABUSE, NEGLECT. It shall be the duty of any person having knowledge of or observing animal abuse, cruelty or neglect to report such to a local enforcement agent. Sec. 3.124. PROTECTIVE CUSTODY OF ANIMALS. When animal cruelty, abuse, or neglect as defined in Section 3.111 is suspected and, if in the judgment of the animal control officer, the well being of the animal is jeopardized, the animal control officer may enter upon any premises upon which the animal is kept and remove the animal from the premises. Entry shall be only with the consent of the person in possession or after obtaining an administrative search warrant pursuant to Sec. 808.14, Code of Iowa, 1987. The disposition of the abused or neglected animal shall be deter- mined by the court after notice and hearing. Sec. 3.125. PROHIBITED PRACTICES. Any practice and/or procedure designed or intended to in- crease the aggressiveness and attack propensities of an animal is unlawful. DIVISION II DANGEROUS DOMESTIC ANIMALS Sec. 3.201. PURPOSE. The purpose of the sections in Division II of this chapter is to establish regulations to protect the public from the hazards associated with dangerous domestic animals which are now or may hereafter be kept in the City. Sec. 3.202. DANGEROUS ANIMALS. (1) It shall be unlawful for any person to keep a dangerous domestic animal except as otherwise provided in this section. For purposes of this section dangerous domestic animal means: 8 (a) Any animal which has inflicted serious injury on a person without provocation. (b) Any animal which has at the animal's own initiative, 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. (2) Questions or disputes as to whether a certain animal shall be considered dangerous shall be judged by the Ames Humane League, as hereinafter provided for, on the basis of reasonable evidence and expert opinion presented in a public hearing, including the testimony or report of the city animal control officer. Prior to a determination by the Ames Humane League, the animal may be taken into protective custody by the animal control officer. If the animal control officer has reason to believe that the animal threatens the safety of the public or other domestic animals, the animal control officer may enter upon any premises upon which the animal is kept and remove the animal from the premises. Entry shall be only with the consent of the person in possession or after obtaining an administrative search warrant pursuant to Sec. 808.14, Code of Iowa, 1987. The disposition of the animal shall be determined by the court after notice and hearing. Sec. 3.203. REGISTRATION REQUIRED. (1) All animals within the scope of section 3.202 shall be registered with the City animal control officer by an adult person responsible for the keeping of the animal. Failure or refusal to register each such animal, stating the animals location and identifying characteristics, on forms provided by the city, shall constitute a violation of the Ames Municipal Code. Failure to re-register if the animal's owner is changed, or it is moved to another location, or to report an animal as missing, shall also be a violation hereof. (2) The registration of an animal shall be renewed annually. The premises and facilities where such registered animals are kept shall be inspected annually, 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 ad- ministration and inspection. 9 Sec. 3.204. CONFINEMENT STANDARDS. All animals within the scope of Sec. 3.202 shall be confined. If such confinement facilities are indoors, all access doors must be continually locked. When taken outside the premises, the animals must at all times be muzzled and leashed or confined in a vehicle, cage or other animal carrier. If such confinement facilities are outdoors, they must be securely constructed with chain link fences and ceilings and with con- crete floors. Entrance gates must be continually locked. A perimeter fence at least 4 feet from the primary enclosure must surround all sides of the enclosure not adjacent to a solid wall of a building. Sec. 3.205. REMOVAL. The animal control officer shall order in writing that an owner shall have an animal euthanatized within ten (10) days of the order when the animal control officer determines that the owner cannot keep the animal in compliance with the stan- dards set out elsewhere in this chapter and that the animal presents a risk of harm to the public. Failure to comply with the animal control officer's order shall be a violation of this section. Any person aggrieved of the animal control officer's decision may appeal that decision to the Ames Humane League within ten (10) days of the date of the order. The Ames Humane League shall affirm or reverse the order of the animal control officer. The decision shall be made on the basis of reason- able evidence and expert opinion presented in a public hear- ing, including testimony or a report of the city animal control officer. A request for an appeal shall stay the enforcement of this section pending the appeal. DIVISION III DANGEROUS WILD ANIMALS Sec. 3.301. PURPOSE AND SCOPE. (1) The purpose of the sections in Division III of this chap- ter is to establish regulations to protect the public from the hazards associated with dangerous animals of wild species which are now or may hereafter be kept in the City. (2) These regulations shall apply to all those animals of the kinds hereinafter listed, and any other dangerous wild animal not listed, except those , which are expressly exempted. In that regard, a dangerous wild animal is any wild animal species which, if not properly kept when in captivity, is known to have caused serious injury, death, or disease to humans, or is manifestly capable of 10 doing so. Questions or disputes as to whether a certain animal shall be subject to these regulations shall be judged by the Ames Humane League, as hereinafter provided for, on the basis of reasonable evidence and expert opinion presented in a public hearing, including the testimony or report of the city animal control officer. (3) The following are exempt from these regulations: (a) Domestic ferrets, hamsters, gerbils, guinea pigs, domestic hares, rabbits, and domestic rodents. (b) Macropodidae, e.g. kangaroos and wallabies; (c) Dosypodidae, e.g. armadillos; (d) Canis familiaris, e.g. domestic dogs; (e) Fells domestica, e.g. domestic cats; (f) Camelidae, e.g. camels and llamas; (g) Cervidae, e.g. deer; (h) Antilocopridae, e.g. pronghorn antelopes; (i) Bovidae, e.g. buffalo; (j) Wild Iowa rodents, rabbits and hares if the owner has a valid Iowa Collectors Permit from the Iowa State Conservation Commission. (4) The following animals, unless exempted above, are subject to these regulations: (a) Didelphidae, e.g. opossums; (b) Chiroptera, e.g. bats; (c) Lemuridae, e.g. lemurs; (d) Cebidae and Cercopithecidae, e.g. monkeys and baboons; (e) Callithricidae, e.g. marmosets, tamarins; (f) Pongidae, e.g. gibbons, orangutans, chimpanzees, gorillas; (g) Mymecophagidae, e.g. anteaters; (h) Leporidae, e.g. non-domestic rabbits and hares except as provided for by 3-f above; (i) Sciuridae, e.g. squirrels, woodchucks, prairie dogs and chipmunks; 11 (j) Geomyidae, e.g. gophers; (k) Castoridae, e.g. beavers; (1) Canidae, e.g. non-domestic dogs, wolves, coyotes, foxes, jackels, wolf-dog crosses, and coyote-dog crosses; (m) Ursidae, e.g. bears; (n) Procyonidae, e.g. raccoons, pandas, kinkajous; (o) Mustelidae, e.g. weasels, minks, skunks, wolver- ines, otters, and polecats; (p) Viverridae, e.g, civets and mongooses; (q) Hyaenidae, e.g, hyaenas and aardwolves; (r) Felidae, e.g. lynxes, bobcats, pumas, jaguars, lions and tigers; (s) Helodermatidae, e.g. gila monsters; (t) Crotalidae, e.g. rattlesnakes, copperheads, and all other pit vipers; (u) Viperidae, e.g. puff adders and all true vipers; (v) Elapidae, e.g. cobras and coral snakes; (w) Hydrophiidae, e.g. sea snakes (x) African boomslang and African bird snake; (y) Those more than six feet long of the following: anaconda, boa constrictor, amythistine python, African rock python, Burmese python, and reticu- lated python; (z) Crocodylidae, e.g. crocodiles, alligators and caimans. Sec. 3.302. REGISTRATION REQUIRED. (1) All animals within the scope of section 3.301 shall be registered with the City Animal Control officer by an adult person responsible for the keeping of the animal. Failure or refusal to register each such animal, stating the animals location and identifying characteristics, on forms provided by the city, shall constitute a violation of the Ames Municipal Code and be punishable as a municipal infraction. Failure to re-register if the animal's owner is changed, or it is moved to another location, or to report an animal as missing, shall also be a violation hereof. 12 (2) The registration of an animal shall be renewed annually. The premises and facilities where such registered animals are kept shall be inspected annually, 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 admin- istration and inspection. Sec. 3.303. DISPOSITION OF UNCARED FOR ANIMALS. In the event that the city animal control officer encounters or learns of a dangerous wild animal being uncared for by reason of the death or absence of its owner, or if such an animal is loose upon public or private property, the city animal control officer shall take the animal into protective custody and reasonable efforts made to learn the identity of persons lawfully entitled to have the animal. If no such person can be found within a reasonable, but not less than 7 days' time, the animal shall be disposed of in a humane manner. Disposition may be to return the animal to the wild if it is known that the animal is a native to Iowa and is capable of survival. The animal control officer will seek expert advice from persons designated by the Ames Humane League on the proper keeping and disposition of such animal. Sec. 3.304. PROHIBITED ANIMALS. Registration and keeping of certain animals, as specified in this section, shall not be allowed. The keeping of such an animal shall be a violation hereof and punishable as such. Furthermore, after notice and opportunity for hearing, the animal control officer shall take such animals into protective custody pending appropriate disposition. (1) Bears, large cats, and wolves shall not be permitted unless the animal was being kept prior to the effective date of this ordinance and the animal is kept under conditions which meet the security and space require- ments of this ordinance. (2) Imported mammals shall not be permitted unless the owner shows documentation of entry through a licensed quarantine station and shows an official certification of health. (3) Wild species which are hazards of rabies or plague transmission, e.g. skunks, raccoons, foxes, bats and mongooses, and rodents captured in plague endemic areas, shall not be permitted unless there is produced certification by a state or federal regulatory agency that the animal was born and maintained continuously in captivity in accordance with all applicable regulations. 13 See. 3.305. CARE AND FEEDING OF ANIMALS. (1) Keepers of animals subject to these regulations shall provide adequate treatment for such animals, and all appropriate care, including veterinary care, to maintain the health of the animal. If the animal control officer has evidence that such animal is not being provided proper nutrition and health care, the said officer may, after notice and opportunity for hearing, take such animal into protective custody pending veterinary evalua- tion. (2) All animals subject to these regulations shall be kept under conditions which meet the federal standards set out in the Code of Federal Regulations, Title 9, Part 3, Animals and Animal Products, in so far as said regula- tions pertain to: structural strength of facilities, water, electrical safety, waste disposal, heating, ventilation, shelter from sunlight, shelter from rain and snow, shelter from wind and cold, drainage, cleaning and sanitation, pest control, feeding and watering. Copies of said regulations shall be kept on file by the animal control officer. Sec. 3.306. MAMMAL SECURITY STANDARDS. All mammals subject to these regulations shall be kept only in a manner that substantially conforms to the following stan- dards: (1) A sign to identify the species being kept, by its common name, shall be displayed on the holding pen. (2) Mammals shall be kept in locked holding pens or locked cages. (3) The following pen and fence requirements apply to the mammalian orders as stated. A "C" means that a ceiling is required on the pen. A "P" means that a perimeter fence is required in addition to the pen. A required perimeter fence shall be at least four (4) feet out from, and entirely surrounding the primary holding pen, and shall be at least five feet high. An "N" means that no perimeter fence is required. (a) Didelphidae - Chain link fence and concrete floor; or wood frame cage with 1/4" - 1/2" mesh hardware cloth; or room in a house with screen or 1/4" mesh hardware cloth over window openings; P, C (b) Myrmecophagidae - Chain link fence and concrete floor; P, C (c) Chiroptera - Wood frame cage with 1/4" mesh hard- ware cloth or 3/16" plate glass; or large aquarium with fitted wood frame and 1/4" mesh hardware cloth top; N, C 14 (d) Primates - Wire cage or chain link fence and con- crete floor; P, C (e) Leporidae - Wood frame cage and chicken wire or 1/4" - 1/2" mesh hardware cloth; N (f) Sciuridae - Strong all-metal cage; N (except for woodchucks), C (g) Geomyidae - Large Aquarium; N (h) Castoridae - Chain link fence and concrete floor; P (i) Cricetidae - Commercial mouse cage or aquarium with fitted wood frame and 1/4" mesh hardward cloth top; N, C (j) Canidae - Chain link fence and concrete floor; P, C (k) Procyonidae - Chain link fence and concrete floor or strong metal cage; P, C (1) Mustelidae - Chain link fence and concrete floor or strong metal cage; for small weasels - aquarium with fitted wood frame and 1/4" mesh hardware cloth top or strong metal cage; P, C (m) Hyaenidae - Chain link fence and concrete floor; P, C (n) Viverridae - Chain link fence and concrete floor; P, C (o) Ursidae - Chain link fence and concrete floor; P, C (p) Felidae (larger than bobcat and ocelot) - Chain link fence and concrete floor; P, C (q) Felidae (bobcat and ocelot or smaller) - Chain link fence and concrete floor; P,C; or room in house with screen or 1/4" mesh hardware cloth over window openings in this room (r) Perissodactyla - Chain link or woven wire or barbed wire fence; N (s) Artiodactyla - Chain link or woven wire or barbed wire fence (4) The perimeter fence is not required if there is a primary holding pen that is located entirely within an enclosed building. 15 Sec. 3.307. SPACE REQUIREMENTS FOR CERTAIN MAM- MALS. The following states the total required combined measurements for holding and exercise enclosures, for which substantial compliance shall be required. For each additional animal, add 25 0 of the stated amount. Infant animals in pet stores shall be exempt for not more than two weeks. SPECIES FLOOR (ft.2) HEIGHT (ft.) Opossum (1-2) 100 4-7 Prairie Dog 50 5 Agouti 100 6 Porcupine 150 7 Foxes (various species) 125 7 Coyote 200 7 Dingo 200 7 Wolf 2000 7 American Black Bear 3000 10 Kinkajoo 80 7 Raccoon and Coati 100 7 Wild Ferrets 25 5 Skunk 100 5 Otter 250 7 Tayra 100 7 Grison 100 7 Cougar 2000 12 Leopard 2000 12 Jaguar 2000 12 Cheetah 2500 12 Lion 2500 12 Tiger 2500 12 Lesser Cats (less than 20 lb.) 100 7 Lesser Cats (more than 20 lb.) 250 7 Wild Goats & Sheep 1500 6 Hyaenas 500 7 Civets & Mongooses 100 5 Beavers 100 7 Pocket Gophers 25 2 Squirrels 50 7 Woodchuck 50 5 Chipmunks & Ground Squirrels 10 2 Wild Small Rodents (mice, etc.) 0.5 0.5 Wild Rabbits & Hares 50 5 Anteaters 250 7 Apes 500 10-12 Old World Monkeys & Baboons 500 10-12 New World Monkeys 500 10-12 Lemurs 100 7 Marmossets & Tamarins 100 7 Bats 50 5 Sec. 3.308. SPACE REQUIREMENTS FOR REPTILES. The following space requirements, for which substantial compliance shall be required, are applicable to the keeping of reptiles which are subject to these regulations: 16 (1) Helodermatidae: A cage as wide as and twice as long as the lizard's total length and 12 inches high. For each additional lizard in the same cage, take the floor area needed by the largest occupant and increase it by 25 0. (2) Snakes: Half a square foot of floor space per foot of length for a snake up to six feet long. One square foot of floor space per foot of length for a snake up to ten feet long. Two square feet of floor space per foot of length for a snake over ten feet. For each additional snake in the same cage, take the floor area needed by the largest occupant and increase it by 25 0. (3) Crocodiles and their allies: There must be a pool of water as wide as and twice as long as the crocodilian's total length. It must be deep enough for total submer- sion. There must be a dry area as long and as wide as the occupant's total length. For each additional speci- men in the same cage, take the area needed by the largest occupant and increase it by 25%. Sec. 3.309. KEEPING OF VENOMOUS REPTILES. (1) No person shall be permitted to keep venomous reptiles unless they have first demonstrated two years of secure and humane keeping of harmless snakes. Thereafter the person shall be restricted for one year to the keeping of non-lethal venomous reptiles, e.g. copperheads, pigmy rattlesnakes, and sidewinders. (2) It shall not be permitted to keep venomous reptiles in buildings containing more than one dwelling unit. (3) Venomous reptiles shall be kept in locked cages in locked rooms and the cage shall be labeled to identify the reptile contained. (4) Venomous reptiles that have had duct legation surgery shall nevertheless be regarded as subject to these regu- lations. (5) Cages shall be so constructed as to not break or give way as a result of reasonable foreseeable accident or misuse. Sec. 3.310. KEEPING OF LARGE NON-VENOMOUS REPTILES. (1) No person shall be permitted to keep a snake as speci- fied in Section 3.301(4)(y) unless the person can show two years of experience in the secure and humane keep- ing of constricting snakes. (2) Snakes as specified in 3.301(4)(y) shall be kept in locked cages in locked rooms. 17 (3) Cages shall be so constructed as to not break or give way as a result of reasonably foreseeable accident or misuse. (4) No person shall be permitted to keep a reticulated py- thon, African rock python or an anaconda except after demonstrating to the satisfaction of the animal control officer that the person has sufficient knowledge and experience to keep such reptiles in a safe and humane manner. Sec. 3.311. TRAVELING WILDLIFE, MENANGERIES, SHOWS, PETTING ZOOS. (1) Non-resident persons, itinerant shows, traveling menag- eries, traveling petting zoos, and similar displays of wildlife that travel from place to place, shall not bring any dangerous wild animal, as defined in Sec. 3.301(2) hereof into the City of Ames without a permit from the City of Ames animal control officer. To obtain that permit an application shall be made in writing to the animal control officer stating the number and species of animals, anticipated itinerary, scheduled stops, and the purposes for bringing the animal or animals into the city. The permit shall be issued provided the applicant can demonstrate advance compliance with the standards of the Ames Municipal Code, or in the alternative, meet the federal standards set out in CFR Title 9, Part 3, Animal and Animal Products, including those standards governing the transportation of animals, while the appli- cant's animals are within the city. The permit shall be valid for one (1) year, but the animal control officer shall be notified of the time, date and place of each and every exhibition not less than twenty-four hours in advance thereof. Fees shall be set by the city council on the basis of costs. Fees shall be differentiated be- tween reasonable classifications and categories of exhibi- tors when there is a significant difference in costs of administration with respect to each classification. (2) This section and the preceding sections of Division III of Chapter 3 of the Ames Municipal Code shall not apply to common carriers. Sec. 3.312. EXEMPTIONS. The following are exempt from the requirements of Division III of Chapter 3 of the Ames Municipal Code: (1) A person possessing or having custody of a sick or injured animal in the city solely for the purpose of transporting the animal to a veterinarian for care, or to an animal shelter operated by the City of Ames, or to a State or Federal facility with authority or apparent authority to handle the animal. 18 (2) Private veterinarians, animal hospitals or clinics, provid- ed such persons or establishments notify the animal control officer on the same day that they obtain custody of the animal. (3) Any "research facility" within the meaning of Section 2(e) of the Federal Animal Welfare Act, 7 U.S.C. See. 2132(e), licensed by the Secretary of Agriculture of the United States pursuant to that Act. Sec. 3.313. RESIDENT EXHIBITORS PERMIT. (1) A permanent resident of the City may, either at the time of the initial registration of an animal covered by these regulations, or at any other time, apply to the animal control officer for a permit to exhibit such animal or animals at places other than the site where the animal is kept. This shall be an annual permit for which a rea- sonable fee shall be set by the city council. Such animal shall not be taken off the premises of the site where the animal is kept without said permit, and the animal control officer shall be notified twenty-four hours in advance of each exhibition, of the time, date and place thereof. (2) The animal control officer shall grant such permit to persons who, upon questioning by the said officer, demonstrate such knowledge of the animal and its behav- ioral characteristics, and such personality traits as to give no reason to doubt the ability of the applicant to exhibit the animal without substantial risk of harm to the animal or to persons to whom the animal is exhibited. (3) When exhibiting an animal off the premises of where the animal is kept the exhibitor shall have a strict duty of care. If the animal escapes, for any reason whether the exhibitor's fault or not, or if any harm occurs to the animal, or to any person during such exhibition, the exhibition permit shall then be, ipso facto, revoked and null and void and any further exhibition off premises shall be punishable as a violation hereof. DIVISION IV. TRAPPING Sec. 3.401. PROHIBITION ON TRAPPING. (1) It shall be unlawful for any person to set and maintain animal or bird traps upon public or private property at any time except as follows: (a) Traps set and maintained by the City Animal Con- trol Officers, or by persons acting under written permission of such officers, for the purpose of controlling animals determined by such officials to be a public hazard or nuisance. 19 (b) Humane live box traps on public or private proper- ty, with the written permission of the City Animal Control Official. Such permission must detail the approximate location of each trap and bear the identification of the trap's owner. Such permission shall be withheld if the traps used and/or the locations of placement are deemed to be cruel or a hazard to people or domestic animals. (c) Instant kill snap traps designed for small rodents' pest control. (2) The use of cannibear traps, snare traps, steel jaw traps, leghold traps, spring traps, or any similar device designed to catch and hold the animal by the leg or other part of the body; or which is likely for any reason to cause injury, pain and suffering before death, are prohibited. (3) The Animal Control Officials of the City may, with the approval of the City Council, promulgate and publish detailed regulations and policies for trapping in the City of Ames violation of which shall constitute a violation of this ordinance. Section Two. Any person, corporation or other legal entity who vio- lates or resists the enforcement of any of the ,provisions of this chapter commits a municipal infraction punishable by a civil penalty of thirty dollars ($30) for the initial offense, one hundred dollars ($100) for the second offense, and two hundred dollars ($200) for each repeat offense, except that for violations of Sections 3.107, 3.110, 3.111, 3.115(1) - (3), 3.119 and 3.120, the civil penalty shall be five (5) dollars for the initial offense, ten (10) dollars for the second offense, and fifteen (15) dollars for each repeat offense. Each day that a municipal infraction occurs constitutes a separate offense. Any person, corporation or other legal entity who violates this ordinance after having previously been found guilty of violating the same ordinance provision at the same location or at a different location shall be considered to have committed a repeat offense. Seeking a civil penalty as authorized in this section does not preclude the city from seeking alternative relief, including an order for abatement or injunctive relief. Section Three. All ordinance or parts of ordinances in conflict here- with are hereby repealed to the extent of such conflict, if any. Section Four. This ordinance shall be in full force and effect from and after its passage and publication as required by law. Adopted this _ 20th _ day of December 1988 3 _SIC Nanc . Dionigif"Acting City Jerk F. Paul Goodland, Mayor 20