HomeMy WebLinkAboutA002 - Cover letter for proposed ordinance City Attorney's Office
515 Clark Avenue,P. O.Box 811
Ames,IA 50010
Caring People
Qtaliry Programs Phone: 515-239-5146
Exceptional Service Fax: 515-23 9-5142
July 23, 1999
The Honorable Ted Tedesco, Mayor,
and Members of the City Council
of the City of Ames, Iowa
Re: Proposed Ordinance Pertaining to Animals
Dear Mayor Tedesco and Council Members:
With this is the subject ordinance after review and comment by the animal control staff and the Humane League.
The substance of the ordinance is in two severable sections.
The first section states a methodology for reaction to three problems that may occur either singularly or in
combination:
a) the person who is a frequent violator of animal control regulations
b) "nuisances"as defined by existing section 3.115 of the City's Code
c) abused or neglected animals per existing section 3.111 of the City's Code
The response for the frequent violator is a penalty of not less than$500 for the fourth or subsequent violation,plus
the option of an application to the court for an order that animals be relocated or otherwise disposed of. For the
"nuisance"situation or an instance of abuse or neglect the fine is proposed to be$50 for the first violation, $100
for a repeat violation,plus the option of an application for court ordered relocation or disposition of animals.
The second section states a program of requiring conditioned permits for a person to keep more than four dogs,
or more than ten mammals of any kinds. There are a number of exceptions,most notably animals that weigh less
than one pound when full grown. The section applies only to marmnals.
Both sections require discretionary decisions by animal control personnel,but,standards for the guidance of the
discretion are provided by reference to sections 3.111 and 3.115 and the other provisions of Chapter 3 of the City's
Code. In my opinion the ordinance is legally valid. Animal control personnel will be instructed and advised on the
constitutional constraints for lawful search and seizure.
The operational and administrative aspects of the ordinance can be addressed by the appropriate person. Policy
matters will be the subject of a report to the Council by the Humane League.
Yours truly,
John R. Klaus
City Attorney
cc Humane League c/o Jean Harkin
Dennis Ballantme
Lorna Lavender
Encl
ORDINANCE NO.
AN ORDINANCE TO AMEND THE MUNICIPAL CODE OF THE CITY OF
AMES, IOWA, BY REPEALING SECTION 3.124 THEREOF AND
ENACTING A REVISED SECTION 3.124 PERTAINING TO FREQUENT
VIOLATORS OF ANIMAL RELATED REGULATIONS, THE ABATEMENT
OF ANIMAL RELATED NUISANCES, AND PROTECTIVE CUSTODY OF
ANIMALS; ADDING A NEW SECTION 3.126 PERTAINING TO
NUMEROUS ANIMALS ON PREMISES; REPEALING ANY AND ALL
ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT TO THE
EXTENT OF SUCH CONFLICT; PROVIDING A PENALTY; AND
ESTABLISHING AN EFFECTIVE DATE.
BE IT ENACTED, by the City Council for the City of Ames, Iowa, that:
Section One. The Municipal Code of the City of Ames, Iowa shall be and the same is hereby amended by
repealing Section 3.124 thereof and re-adopting that section revised and amended to state:
"Sec. 3.124. FREQUENT VIOLATORS, NUISANCE ABATEMENT, PROTECTIVE
CUSTODY.
(1) Conviction of a person for violation of any provision of Chapter 3 of the Municipal Code
of the City of Ames for a fourth or subsequent time,not necessarily the same provision of said Chapter
3, shall be punished by a penalty of not less than$500 nor more than $750.
(2) After the third conviction for violation of any provision of Chapter 3 of the Municipal
Code of the City of Ames, Iowa by the same person with respect to any animal or animals at any site
or sites,proceedings for a fourth municipal infraction against that person for a violation of said Chapter
3 may include a request to the Court for an order that a specified animal or animals being kept by that
person be relocated or other disposition made within a reasonable time to be specified in the City's
request to the Court.
(3) An animal that is a nuisance as declared by Section 3.115 of the Municipal Code of the
City of Ames,Iowa, or an animal being kept in circumstances that are a nuisance as declared by said
Code Section,may be impounded by the City's enforcement personnel so as to abate the nuisance. If
the keeper of the animal so impounded is known, a violation of the said Section 3.115 may be charged
against that person. Additionally, the enforcement personnel may, in the municipal infraction
proceedings brought for violation of said Sec. 3.115, ask the Court for an order that the animal or
animals be relocated or other disposition made within a reasonable time to be specified in the request
for such order.
(4) When there is a violation of Sec. 3.111 of the Municipal Code of the City of Ames, Iowa,
Standard of Care, enforcement personnel may cause an animal or animals affected by such violation
to be taken into protective custody. The owner and/or keeper failing to meet the requirements of said
Section 3.111 may be charged with a violation of that Section. Additionally, the enforcement personnel
may,in the municipal infraction proceedings brought for violation of said Section 3.111, ask the Court
for an order that the affected animal or animals be relocated or other disposition made within a
reasonable time to be specified in the request for such order.
(5) The City shall ask the Court to specify in any order directing that an animal or animals
be relocated or other disposition made that during the time allowed for relocation or other disposition
the animals be kept in conformance with conditions and circumstances as specified in the Court's order,
such conditions and circumstances to be reasonably proposed by the City in its request to the Court.
(6) When an animal is impounded or taken into protective custody by the City's enforcement
personnel, the owner of the animal shall reimburse the City for the expense of nourishing and caring
for the animal while impounded or in the protective custody of the City, and an animal shall not be
released from impoundment or protective custody until the amount of such reimbursement due and
payable to the City has been received by the City. If the animal is not reclaimed and the expense of
its care paid to the city within 14 days from the day the animal is available for release, the animal may
be euthanatized or made available for adoption."
Section Two. The Municipal Code of the City of Ames, Iowa shall be and the same is hereby further amended
by adding a new Section 3.126 as follows:
"Sec. 3.126. NUMEROUS ANIMALS ON PREMISES.
(1) The keeping of more than four dogs outside the keeper's house, or more than a total of
ten mannunals of any kind or kinds on the same premises is prohibited unless the keeper has been issued
a permit by the City's designated animal control officer.
(2) The aforesaid permit shall be for a renewable term of one(1)year and shall specify the
kinds and number of each kind of animal that may be kept on a certain premises and shall state specific
conditions to be conformed to in the keeping of each and every animal specified in the permit. A
permit fee may be established by resolution of the City Council from time to time.
(3) Failure to obtain the aforesaid permit where required to do so or failure to conform to
any specification stated in that permit shall be a violation of this section.
(4) As a part of the proceedings for any municipal infraction pertaining to this section the
City may request an order of the court for the impoundment and relocation or other disposition of the
animal or animals to which the municipal infraction pertains.
(5) Premises at which animals are kept under terms of a permit may be inspected by the City
animal control staff from time to time, or in accordance with such program of regularly scheduled
inspections as the City Animal Control staff may establish.
(6) This section shall not apply to:
(a) commercial activities conducted in commercial or industrial zoning districts;
(b) activities on premises of ten acres or more, if dogs on the premises in excess of
four or any and all animals on the premises in excess of ten, are housed not less than 300 feet from a
residence of any person other than the keeper of the said animals;
(c) activities of agencies of the federal government or of the State of Iowa, or any
school district;
(d) those species of animals that weigh less than one pound when adult;
(e) a litter of young animals, or members of a litter, born of a female animal kept on
the same premises as the litter is kept, for a period of time not to exceed five months from birth. For
good cause shown, the Animal Control Officer may grant an extension of time to keep a litter.
(7) Decisions on granting permits and the terms and conditions of the permit shall be guided
by the goal of preventing a nuisance as defined by Sec. 3.115 and meeting the standards of care stated
in Sec. 3.111, and the other provisions of Chapter 3 of the Municipal Code of the City of Ames,
Iowa."
Section Three. Violation of the provisions of this ordinance shall constitute a municipal infraction punishable as
by law provided.
Section Four. All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of such
conflict, if any.
Section Five. This ordinance shall be in full force and effect from and after its passage and publication as required
by law.
Passed this day of , 1998.
Jill Ripperger, City Clerk Ted Tedesco, Mayor
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