ORDINANCE NO. 2010- __________

ORDINANCE AMENDING SUBSECTION 7.01.010(14) "HIGH RISK ANIMAL", SUBSECTION 7.01.010(15) "IRRESPONSIBLE ANIMAL OWNER", SECTION 7.03.070 "REGULATION OF KEEPING HIGH RISK ANIMALS" AND SECTION 7.03.075 "IMPOUNDMENT OF HIGH RISK ANIMALS" OF THE SIOUX CITY MUNICIPAL CODE BY AMENDING VARIOUS PROVISIONS RELATED TO ANIMAL REGULATIONS AND REPEALING CHAPTER 7.10 ENTITLED "PIT BULLS PROHIBITED".

BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF SIOUX CITY, IOWA:

Proposed additions to text of Municipal Code are indicated by underline; proposed deletions from text of Municipal Code are indicated by strikethrough.

Section 1: Subsection 7.01.010(14) of the Sioux City Municipal Code is amended to read as follows:

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14. "High Risk Animal" means any animal that exhibits one or more of the following:

a. When unprovoked, chases or approaches a person or domestic animal in an apparent attitude of attack,

attacks a person or domestic animal or bites, harms or attempts to bite or harm a person or domestic animal; or

b. Has been trained to fight other domestic animals; or

c. Has been trained as a guard dog for people or property and is not subject to the provi-sions contained in Chapter 7.07, as may be amended.

d. This section shall not apply to law enforcement canines.

e. Is an American Pit Bull Terrier, American Staffordshire Terrier, Staffordshire Bull Terrier, or any dog which has the appearance and characteristics of being predominately of the breeds of Staffordshire Terrier, American Pit Bull Terrier or American Staffordshire Terrier as set forth in the standards established by the American Kennel Club or United Kennel Club for any of the aforementioned breeds.

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Section 2: Subsection 7.01.010(15) of the Sioux City Municipal Code is amended to read as follows:

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15. "Irresponsible animal owner" means any animal owner that has:

a. Been convicted or plead guilty three times or more for separate incidents that occurred in any twelve month period concerning:

(1) An animal at large;

(2) An animal disturbing the peace;

(3) An unlicensed animal;

(3) (4) An excessive number of animals; or

(4) (5) Unsanitary premises due to animals.

b. Been convicted or plead guilty two times or more for separate incidents concerning:

(1) Animal neglect;

(2) Keeping animals covered by section 7.06.010 without obtaining a permit; or

(3) An animal declared a A vicious animal.

(4) An unlicensed animal.

c. Been convicted or plead guilty of:

(1) Animal abuse;

(2) Animal torture.

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Section 3: Section 7.03.070 of the Sioux City Municipal Code is amended to read as follows:

7.03.070 Regulation of keeping high risk animals.

1. All owners of an animal, whether licensed or unlicensed, which have been declared are a high risk animal as defined in subsection 7.01.010(14) are required to keep such high risk ani-mal:

a. From running at large;

b. From going into the streets and other public or private place within the city unless muz-zled and unless on a leash six foot or less in length;

c. Under control so as to prevent such high risk animal from attacking or injuring persons, domestic animals, or fowl lawfully on the premises of the owner;

2. While on the owner's property a high risk animal must be securely confined indoors or in a securely enclosed and locked pen or structure, suitable to prevent the entry of young children and designed to prevent the high risk animal from escaping. Such pen or structure must have minimum dimensions of 5' x 10' with height of 6 feet, and must have secure sides and be capped if need be. The enclosure must also provide the high risk animal protection from the elements. Warning signs must be placed on all sides of the property and at least two feet from any entrance to the property. The warning signs must say "Dangerous Dog" or similar language adequate to warn those approaching.

3. A representative of the city or animal control may, in their discretion, prior to the high risk animal' s authorized use, inspect the securely enclosed locked pens, signage and/or structures.

4. The owner or caretaker of the high risk animal must be 18 years of age or older.

5. Once an animal is declared A high risk animal's owner must spay or neuter and microchip the animal. The spay or neuter procedure must be done by a veterinarian at the owner's ex-pense. The data attached to the microchip must be kept current. The spay or neuter provisions shall not apply to an animal classified as high risk solely because the animal is a pit bull.

Section 4: Section 7.03.075 of the Sioux City Municipal Code is amended to read as follows:

7.03.075 Impoundment of high risk animals.

1. The poundmaster shall immediately seize and impound any high risk animal if:

a. After 14 days after the owner has received notice that the animal is a high risk animal, The animal is not licensed as required by Chapter 7.02; or

b. The owner does not secure the animal in a proper enclosure; or

c. The animal is outside the proper enclosure and not under physical restraint of a respon-sible person by a leash not longer than six feet or not muzzled.

2. Impoundment and Disposition

First Offense: The first time that a high risk animal is seized under this section it may be reclaimed by the owner of the animal upon payment of impounding and boarding fees, and pre-senting proof to the appropriate poundmaster that the requirements of section7.03.065 will have been met. An animal not reclaimed within seven days may be disposed of as provided under section 7.03.035, and the owner is liable to the poundmaster for costs incurred in confining and disposing of the animal.

Second Offense: The second time that a high risk animal is seized under this section it may be reclaimed by the owner upon payment of impounding and boarding fees, and presenting proof to the appropriate poundmaster that the animal will be removed from the City. An animal not reclaimed within seven days may be disposed of as provided under section 7.03.035, and

the owner is liable to the poundmaster for costs incurred in confining and disposing of the ani-mal.

Third Offense: The third time that a high risk animal is seized under this section it shall be euthanized and the owner shall be liable to the poundmaster for the costs incurred in confining and disposing of the animal.

3. Any animal believed by the city manager, the city manager's designee, or the poundmaster to be a high risk animal will be impounded, at the owner's expense, until such time as a final resolution is reached or until such time the animal is reclaimed by the owner of the animal upon payment of impounding and boarding fees, and presenting proof to the appropriate poundmas-ter that the requirements of section7.03.065 will have been met.

Section 5: Chapter 7.10 of the Sioux City Municipal Code is hereby repealed in its entirety.

Section 6: Penalty Clause. Except as herein provided, any person who violates any of the pro-visions of this title is guilty of a municipal infraction and shall upon conviction, be punished as provided in section 1.04.100 of this municipal code. Alternatively, any person who violates any of the provisions of this title is guilty of a misdemeanor and shall upon conviction be punished as provided in section 1.04.100 of this code. A peace officer may issue a criminal citation for such violations. No person shall be charged with both a municipal infraction and a misdemea-nor for the same violation.

Section 7: Severability Clause. If any of the provisions of this ordinance are for any reason il-legal or void, then the lawful provisions of this ordinance, which are separable from said unlaw-ful provisions shall be and remain in full force and effect, the same as if the ordinance con-tained no illegal or void provisions.

Section 8: Repealer. All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. These are: Subsection 7.01.010(14); Subsection 7.01.010(15), Section 7.03.070; Section 7.03.075 and Chapter 7.10 of the Sioux City Municipal Code.

Section 9: Effective Date. This ordinance shall be in full force and effect from and after its final passage and publication as provided by law.