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.

   2.   “Animal” means a nonhuman vertebrate.

   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.

   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:

      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.

   7.   “Fair” means any of the following:

      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.

   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.

   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.

   11.   “Owner” means any person owning, keeping, sheltering, or harboring an animal.

   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.

   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.

   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:

      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.

      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(2)(a) or (2)(b) of the Code of Iowa; or (ii) a permittee operating pursuant to Section 162.10A(2)(c) 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.

   It is unlawful for a person who impounds or confines livestock in any place to fail to provide the livestock with care consistent with customary animal husbandry practices, or to deprive the livestock of necessary sustenance, or to injure or destroy livestock by any means that causes pain or suffering in a manner inconsistent with customary animal husbandry practices.

   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:

   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 pound 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.

   It is unlawful for a person to keep livestock within the City, except physician prescribed therapy animals with specific approval of the Council.

   It is unlawful for any owner to allow an animal to run at large within the corporate limits of the City. A dog shall not be deemed at large if:

   1.   The dog is on the premises of the owner, or a person given charge of the dog by the owner and is either:

      A.   At all times within the actual physical presence of and immediately obedient to the commands of the owner or person given charge of the dog by the owner. At no time shall the dog be more than six feet from such person; or

      B.   Restrained on those premises by an adequate protective fence or leash, cord, chain, or other similar restraint that does not allow a dog to go beyond the owner’s real property line.

   2.   The dog is off the premises of the owner and is either on a leash, cord, or chain or similar restraint not more than six feet in length.

   It is unlawful for the owner of an animal to allow or permit such animal to pass upon the premises of another thereby causing damage to, or interference with, the premises.

   It is unlawful for the owner of a dog to allow or permit such dog to cause serious annoyance or disturbance to any person by frequent and habitual howling, yelping, barking, or otherwise, or by running after or chasing persons, bicycles, automobiles, or other vehicles.

   Every owner of a dog shall obtain a rabies vaccination for such animal. It is unlawful for any person to own or have a dog in said person’s possession, six months of age or over, which has not been vaccinated against rabies.

   It is the duty of the owner of any dog, cat, or other animal that has bitten or attacked a person or any person having knowledge of such bite or attack to report this act to a local health or law enforcement official. It is the duty of physicians and veterinarians to report to the local board of health the existence of any animal known or suspected to be suffering from rabies.

   If a local board of health receives information that an animal has bitten a person or that a dog or animal is suspected of having rabies, the board 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 10 days the board may humanely destroy the animal. If such animal is returned to its owner, the owner shall pay the cost of impoundment. This section does not apply if a police service dog or a horse used by a law enforcement agency and acting in the performance of its duties has bitten a person.

   Animals found at large in violation of this chapter shall be seized and impounded at the impoundment facilities utilized by the City, or at the discretion of the peace officer, the owner may be served a summons to appear before a proper court to answer charges made thereunder.

   When an animal has been apprehended and impounded, written notice shall be provided to the owner within two days after impoundment, if the owner’s name and current address can reasonably be determined by accessing a tag or other device that is on or part of the animal. Impounded animals may be recovered by the owner upon payment of impounding costs established by the impoundment facility, and if an unvaccinated dog, by having it immediately vaccinated. If the owner fails to redeem the animal within seven days from the date that the notice is mailed, or if the owner cannot be located within seven days, the animal shall be disposed of in accordance with law or destroyed by euthanasia.

   1.   Prohibition. It is unlawful for any person to award a pet or advertise that a pet may be awarded as any of the following:

      A.   A prize for participating in a game.

      B.   A prize for participating in a fair.

      C.   An inducement or condition for visiting a place of business or attending an event sponsored by a business.

      D.   An inducement or condition for executing a contract that includes provisions unrelated to the ownership, care, or disposition of the pet.

   2.   Exceptions. This section does not apply to any of the following:

      A.   A pet shop licensed pursuant to Section 162.5 of the Code of Iowa if the award of a pet is provided in connection with the sale of a pet on the premises of the pet shop.

      B.   Youth programs associated with 4-H Clubs; Future Farmers of America; the Izaak Walton League of America; or organizations associated with outdoor recreation, hunting, or fishing, including but not limited to the Iowa Sportsmen’s Federation.

   It is unlawful to tamper with a rabies vaccination tag.

   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.

   It is unlawful to tamper with an electronic handling device.

   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.

   It is unlawful for the owner or responsible party to allow the animal to deposit feces on public or private property without the consent of the property owner. Animal feces deposited on public or private property shall be immediately removed and disposed of in a sanitary manner. This section does not apply to the owner of a service dog when the owner is deemed to be legally blind or to have other medically and physically limiting disabilities.

   No person shall intentionally feed any stray cat or dog within the City. For purposes of this section, “feed or feeding” means the placing of dog or cat food, which may result in dogs or cats congregating thereon on a regular basis.