ORDINANCE #557 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF MISSOURI VALLEY, IOWA, BY AMENDING PROVISIONS PERTAINING TO ANIMAL CONTROL Be It Enacted by the City Council of the City of Missouri Valley, Iowa: SECTION 1. SECTION MODIFIED. Section 55.01 of the Code of Ordinances of the City of Missouri Valley, Iowa, is repealed and the following adopted in lieu thereof: 55.01 DEFINITIONS. The following terms are defined for use in this chapter. 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. (Code of Iowa, Sec. 717E.1) 2. “Animal” means a nonhuman vertebrate. (Code of Iowa, Sec. 717B.1) 3. “Animal shelter” means a facility which is used to house or contain dogs or cats, or both, and which is owned, operated, or maintained by an incorporated humane society, animal welfare society, society for the prevention of cruelty to animals, or other nonprofit organization devoted to the welfare, protection, and humane treatment of such animals. (Code of Iowa, Sec. 162.2) 4. “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. 5. “Business” means any enterprise relating to any of the following: (Code of Iowa, Sec. 717E.1) A. The sale or offer for sale of goods or services. B. A recruitment for employment or membership in an organization. C. A solicitation to make an investment. D. An amusement or entertainment activity. 6. “Commercial establishment” means an animal shelter, boarding kennel, commercial breeder, commercial kennel, dealer, pet shop, pound, public auction, or research facility. (Code of Iowa, Sec. 717.B1) 7. “Fair” means any of the following: (Code of Iowa, Sec. 717E.1) A. 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. B. An exhibition of agricultural or manufactured products. C. An event for operation of amusement rides or devices or concession booths. 8. “Game” means a “game of chance” or “game of skill” as defined in Section 99B.1 of the Code of Iowa. (Code of Iowa, Sec. 717E.1) 9. “Injury” means an animal’s disfigurement; the impairment of an animal’s health; or an impairment to the functioning of an animal’s limb or organ, or the loss of an animal’s limb or organ. (Code of Iowa, Sec. 717.B1) 10. “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) 11. “Owner” means any person owning, keeping, sheltering, or harboring an animal. 12. “Pet” means a living 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. (Code of Iowa, Sec. 717E.1) 13. “Pound” means a facility for the prevention of cruelty to animals operated by the State, a municipal corporation, or other political subdivision of the State for the purpose of impounding or harboring seized stray, homeless, abandoned, or unwanted dogs, cats, or other animals; or a facility operated for such a purpose under a contract with any municipal corporation or incorporated society. (Code of Iowa, Sec. 162.2) 14. “Research facility” means any school or college of medicine, veterinary medicine, pharmacy, dentistry, or osteopathic medicine, or hospital, diagnostic or research laboratories, or other educational or scientific establishment situated in the State concerned with the investigation of, or instruction concerning the structure or function of living organisms, the cause, prevention, control, or cure of diseases or abnormal conditions of human beings or animals. (Code of Iowa, Sec. 162.2) 15. “Veterinarian” means a veterinarian licensed pursuant to Chapter 169 of the Code of Iowa who practices veterinary medicine in the State. (Code of Iowa, Sec. 717.B1) SECTION 2. SECTION MODIFIED. Section 55.02 of the Code of Ordinances of the City of Missouri Valley, Iowa, is repealed and the following adopted in lieu thereof: 55.02 ANIMAL NEGLECT. 1. It is unlawful for a person who owns or has custody of an animal and confines that animal to fail to provide the animal with any of the following conditions for the animal’s welfare: (Code of Iowa, Sec. 717B.3) A. Access to food in an amount and quality reasonably sufficient to satisfy the animal’s basic nutrition level to the extent that the animal’s health or life is endangered. B. Access to a supply of potable water in an amount reasonably sufficient to satisfy the animal’s basic hydration level to the extent that the animal’s health or life is endangered. Access to snow or ice does not satisfy this requirement. C. Sanitary conditions free from excessive animal waste or the overcrowding of animals to the extent that the animal’s health or life is endangered. D. Ventilated shelter reasonably sufficient to provide adequate protection from the elements and weather conditions suitable for the age, species, and physical condition of the animal so as to maintain the animal in a state of good health to the extent that the animal’s health or life is endangered. The shelter must protect the animal from wind, rain, snow, or sun and have adequate bedding to provide reasonable protection against cold and dampness. A shelter may include a residence, garage, barn, shed, or doghouse. E. Grooming, to the extent it is reasonably necessary to prevent adverse health effects or suffering. F. Veterinary care deemed necessary by a reasonably prudent person to relieve an animal’s distress from any of the following: (1) A condition caused by failing to provide for the animal’s welfare as described in this section. (2) An injury or illness suffered by the animal causing the animal to suffer prolonged pain and suffering. 2. This section does not apply to any of the following: A. A person operating a commercial establishment under a valid authorization issued or renewed under Section 162.2A of the Code of Iowa, or a person acting under the direction or supervision of that person, if all of the following apply: (1) The animal, as described in Subsection 1, was maintained as part of the commercial establishment’s operation. (2) In providing conditions for the welfare of the animal, as described in Subsection 1, the person complied with the standard of care requirements provided in Section 162.10A[1] of the Code of Iowa, including any applicable rules adopted by the Department of Agriculture and Land Stewardship applying to: (i) a State licensee or registrant operating pursuant to Section 162.10A[2a] or [2b] of the Code of Iowa; or (ii) a permittee operating pursuant to Section 162.10A[2c] of the Code of Iowa. B. A research facility if the research facility has been issued or renewed a valid authorization by the Department of Agriculture and Land Stewardship pursuant to Chapter 162 of the Code of Iowa, and performs functions within the scope of accepted practices and disciplines associated with the research facility. SECTION 3. SECTION MODIFIED. Section 55.04 of the Code of Ordinances of the City of Missouri Valley, Iowa, is repealed and the following adopted in lieu thereof: 55.04 ABANDONMENT OF CATS AND DOGS. It is unlawful for a person who owns or has custody of a cat or dog to relinquish all rights in and duties to care for the cat or dog. This section does not apply to any of the following: (Code of Iowa, Sec. 717B.8) 1. The delivery of a cat or dog to another person who will accept ownership and custody of the cat or dog. 2. The delivery of a cat or dog to an animal shelter or that has been issued or renewed a valid authorization by the Department of Agriculture and Land Stewardship under Chapter 162 of the Code of Iowa. 3. A person who relinquishes custody of a cat at a location in which the person does not hold a legal or equitable interest, if previously the person had taken custody of the cat at the same location and provided for the cat’s sterilization by a veterinarian. SECTION 4. SECTION ADDED. Chapter 55 of the Code of Ordinances of the City of Missouri Valley, Iowa, is amended by adding a new Section 55.18 which is hereby adopted to read as follows: 55.18 TAMPERING WITH A RABIES VACCINATION TAG. It is unlawful to tamper with a rabies vaccination tag. (Code of Iowa, Sec. 351.45) 1. A person commits the offense of tampering with a rabies vaccination tag if all of the following apply: A. The person knowingly removes, damages, or destroys a rabies vaccination tag as described in Section 351.35 of the Code of Iowa. B. The rabies vaccination tag is attached to a collar worn by a dog, including as provided in Sections 351.25 and 351.26 of the Code of Iowa. 2. This section shall not apply to an act taken by any of the following: A. The owner of the dog, an agent of the owner, or a person authorized to take action by the owner. B. A peace officer. C. A veterinarian. D. An animal shelter or pound. SECTION 5. SECTION ADDED. Chapter 55 of the Code of Ordinances of the City of Missouri Valley, Iowa, is amended by adding a new Section 55.19 which is hereby adopted to read as follows: 55.19 TAMPERING WITH AN ELECTRONIC HANDLING DEVICE. It is unlawful to tamper with an electronic handling device. (Code of Iowa, Sec. 351.46) 1. A person commits the offense of tampering with an electronic handling device if all of the following apply: A. The person knowingly removes, disables, or destroys an electronic device designed and used to maintain custody or control of the dog or modify the dog’s behavior. B. The electronic device is attached to or worn by the dog or attached to an item worn by the dog, including (but not limited to) a collar, harness, or vest. 2. This section shall not apply to an act taken by any of the following: A. The owner of the dog, an agent of the owner, or a person authorized to take action by the owner. B. A peace officer. C. A veterinarian. D. An animal shelter or pound. SECTION 6. SEVERABILITY CLAUSE. If any section, provision or part of this ordinance shall be adjudged invalid or unconstitutional, such adjudication shall not affect the validity of the ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION 7. WHEN EFFECTIVE. This ordinance shall be in effect from and after its final passage, approval and publication as provided by law. Passed by the Council on the 6th day of October, 2020, and approved this 6th day of October, 2020. Shawn Kelly, Mayor ATTEST: Jodie Flaherty, City Administrator MVTN 10-14-20
