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TITLE IV
MENTAL AND PHYSICAL HEALTH

TITLE IV MENTAL AND PHYSICAL HEALTH
CHAPTER 1 ANIMAL CONTROL

4-1-1 Definitions
4-1-2 Immunization
4-1-3 At Large Prohibited
4-1-4 Animal Nuisances
4-1-5 Impounding
4-1-6 Dangerous Animals
4-1-7 Keeping a Vicious Animal
4-1-8 Kennel Dogs
4-1-9 Livestock
4-1-10 Confinement
4-1-1 DEFINITIONS
. For use in this chapter the following terms are defined as follows:
     1. The term "dogs" shall mean animals of the canine species whether altered or not.
     2. The term "at large" shall mean any animal found off the premises of the owner and not under the control of a competent person, restrained within a motor vehicle, housed in a veterinary hospital or kennel, on a leash or "at heel" beside a competent person and obedient to that person's command.
     3. The term "owner" shall mean any person owning, keeping, sheltering or harboring an animal.
     4. “Livestock” means an animal belonging to the bovine, caprine, equine, ovine or porcine species; farm deer, as defined in Section 481A.1 of the Code of Iowa; ostriches, rheas, emus or poultry.
     5. The term "chicken" shall mean a member of the subspecies Gallus Gallus domesticus, a domesticated fowl.
     6. The term "duck" shall mean a member of the subspecies Anatidae Anseriformes, a fowl.
4-1-2 IMMUNIZATION. All dogs six (6) months or older shall be vaccinated against rabies. It shall be a violation of this Ordinance for any dog to not be vaccinated against rabies. A tag showing evidence of proper vaccination shall be worn by every dog when not confined.
(Code of Iowa, Sec. 351.33)
4-1-3 AT LARGE PROHIBITED. No owner or person having custody of an animal shall permit such animal to run at large.
(Code of Iowa, Sec. 351.41)
4-1-4 ANIMAL NUISANCES. It shall be unlawful for any person to permit an animal under such person's control or within such person's custody to commit a nuisance. An animal shall be considered a nuisance if it:
     1. Damages, soils, defiles or defecates on private property other than the owner's or on public walks and recreation areas unless such waste is immediately removed and properly disposed of by the owner.
     2. Causes unsanitary, dangerous or offensive conditions.
     3. Causes a disturbance by excessive barking or other noisemaking or chases vehicles, or molests, attacks or interferes with persons or other domestic animals on public property.
(Code of Iowa, Sec. 657.1)
4-1-5 IMPOUNDING.
     1. Any dog found at large in violation of Sections 4-1-3 and 4-1-4 of this chapter shall be seized and impounded, or, at the discretion of the Mayor, the owner may be served a summons to appear before a proper court to answer charges made thereunder.
     2. Owners of dogs shall be notified within two (2) days that upon payment of actual costs, including transportation and other related costs, plus cost of food and care in a reasonable amount, the dog will be returned. If the impounded dogs are not recovered by their owners within seven (7) days after notice, the dogs shall be disposed of as provided in Section 717B.4 Code of Iowa.
     3. Any animal found to have bitten a person or other animal shall be confined as directed by the Mayor."
(Code of Iowa, Sec. 351.39)
     4. This section shall not apply to a law enforcement dog or horse used by the law enforcement agency, that is acting in the performance of its duties, which has bitten a person.
(Code of Iowa, Sec 351.39)
4-1-6 DANGEROUS ANIMALS.
     1. Dangerous Animals Prohibited. No person shall keep, shelter, or harbor for any purpose within the City limits, a dangerous animal.
     2. Definitions. A dangerous animal is:
          a. Any animal which is not naturally tame or gentle, and which is of a wild nature or disposition, and which is capable of killing, inflicting serious injury upon, or causing disease among human beings or domestic animals, and having known tendencies as a species to do so.
          b. The following are animals which shall be deemed to be dangerous animals per se:
                   i. Lions, tigers, jaguars, leopards, cougars, lynx, and bobcats;
                  ii. Wolves, coyotes, and foxes;
                 iii. Badgers, wolverines, weasels, skunks and mink;
                 iv. Raccoons;
                  v. Bears;
                 vi. Monkeys, chimpanzees, and apes;
                vii. Alligators and crocodiles;
               viii. Scorpions; gila monsters;
               ix. Snakes that are venomous or constrictors;
          c. Any animals declared to be dangerous by the City Council.
     3. Dangerous Animals Exceptions. The keeping of dangerous animals shall not be prohibited in the following circumstances:
The keeping of dangerous animals in a public zoo, bona fide educational or medical institution, humane society, or museum where they are kept as live specimens for the public to view, or for the purpose of instruction, research or study, and has obtained the written approval of the City Council.
4-1-7 KEEPING A VICIOUS ANIMAL. It shall be unlawful for any person or persons to harbor or keep a vicious animal within the City. A vicious animal is deemed so when it shall have attacked or bitten any person without provocation, or when the propensity to attack or bite persons or other animals shall exist and such propensity is known or ought reasonably be known to the owner thereof.
4-1-8 KENNEL DOGS. Kennel dogs which are kept or raised solely for the bona fide purpose of sale and which are kept under constant restraint are not subject to the provisions of this ordinance.
4-1-9 LIVESTOCK. It is unlawful for a person to keep livestock within the City except with the written consent of the Council and as provided below.
     1. Female chickens and ducks (hens) shall be permitted. No male chickens (roosters) shall be allowed.
     2. Hens shall be kept confined in hutches, coops, or other confinements on owner's principal residential property only. Such enclosures shall be of sufficient size to house the number of fowl permitted by state or USDA standards and enclosures must be a minimum of twenty-five (25) feet away from all occupied dwellings or an area enclosed by a 6-foot privacy fence. The confinement area shall be maintained free of odors, insects, and rodents, and disturbing noised such as crowing, cackling and gobbling and shall cause no safety or health hazards to the general public or interfere with the enjoyment of life and property by any neighboring resident.
     3. Hens shall be fed in the confines of their enclosures; all grains and food shall be stored in rodent proof containers. Uneaten food shall be removed in a timely manner.
     4. All stored manure shall be covered by a fully enclosed structure with a roof or lid over the entire structure. No more than three (3) cubic feet of manure shall be stored at any time. All other manure not used for composting or fertilizing shall be removed. The enclosed and surrounding area shall be kept free from trash and accumulated droppings.
     5. The amximum number of total hens kept on each property shall not exceed twelve (12).
     6. The owner shall pay to the City and annual fee of $20.00 per household.
     7. Sale of eggs and/or dressed birds to others for food shall not be permitted.
     8. If three (3) viable complaints are received within a year by the City, the owner shall be required to dispose of all birds and confinements.    
4-1-10 CONFINEMENT. When a local board of health receives information that any person has been bitten by an animal or that a dog or animal is suspected of having rabies, it 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 two weeks the board may humanely destroy the animal. If such animal is returned to its owner, the owner shall pay the cost of confinement.
City of Henderson, Iowa
Henderson Community Building
310 Maple Street
Henderson, Iowa 51541
1 (712) 825 5151

henderson.city@gmail.com