HomeMy WebLinkAbout~Master - Animals, Animal Related Nuisances, Protective Custody of Animals ORDINANCE NO. 3496
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:
"See. 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. Violation of the provisions of this ordinance shall constitute a municipal infraction punishable as
by law provided.
Section Three. All ordinances or parts of ordinances in conflict herewith 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.
Passed this 25th day of August, 1998.
Jill Ripperger, 66 Cle Ted Tedesco, Mayor
0504
rev. 8/26/98