City of Harlan Code Chapter 55 and 56

The City of Harlan Code of Ordinances covered Animal Projection and Control.  Click here for the Animal Control code as is now inforce in Harlan.  Key components of the code are as follows:

55.02    CRUELTY TO ANIMALS.  No person who impounds or confines, in any place, any domestic animal, or fowl, or dog or cat, shall fail to supply such animal during confinement with a sufficient quantity of food and water, or shall fail to provide the dog or cat with adequate shelter, or shall torture, torment, deprive of every person owing a dog to confine and restrain such dog by good and sufficient means, or to cause such dog to be properly leashed as to prevent such dog from biting any person or animal or from running at large.

55.03    ABANDONMENT.  A person who has ownership of a cat or dog shall not abandon the cat or dog, except the person may deliver the cat or dog to another person who will accept ownership and custody or the person may surrender the cat or dog to an animal shelter or pound during regular working hours, for a ten dollar ($10) per animal surrender fee.

55.04    ANIMAL NEGLECT.  It is unlawful for a person who impounds or confines, in any place, an animal, excluding livestock, to fail to supply the animal during confinement with a sufficient quantity of food or water, or to fail to provide a confined dog or cat with adequate shelter, or to torture, deprive of necessary sustenance, mutilate, beat, or kill such animal by any means which causes unjustified pain, distress or suffering.

55.05    LIVESTOCK NEGLECT.  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 which causes pain or suffering in a manner inconsistent with customary animal husbandry practices.

55.06    LIVESTOCK.  It is unlawful for a person to keep bees or livestock within the City except by written consent of the Council or except in compliance with the City’s zoning regulations.

55.07    DAMAGE OR INTERFERENCE.  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 peaceful enjoyment of the premises.  This includes but is not limited to animals urinating and defecating upon another person’s property.

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

55.09    OWNER’S DUTY.  It is the duty of the owner of any dog, cat or other animal which 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.

55.10    CONFINEMENT.  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 ten (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.

55.11    DOGS RUNNING AT LARGE.  The owner of a dog shall at all times restrain such dog from being or running at large within the corporate limits of the City.  Failure to do so shall constitute a simple misdemeanor subject to the following penalty provisions.

1.       Dogs at Large:

A.  First offense …………………………… $100.00 fine

B.  Second offense ………………………… $200.00 fine

C.  Third offense …………………………   $300.00 fine

D.  Fourth and subsequent offenses shall be fined the sum of $500.00 or imprisonment not to exceed 30 days.

2.       Vicious Dogs at Large:

A.  First offense …………………………… $200.00 fine

B.  Second offense ………………………… $300.00 fine

C.  Third offense …………………………   $400.00 fine

D.  Fourth and subsequent offenses shall be fined the sum of $500.00 or imprisonment not to exceed 30 days.

55.12    IMPOUNDING AND DISPOSITION.

1.  Any unlicensed dog found at large or any licensed dog found at large in violation of this chapter shall be seized and impounded.

2.  The owner of such unlicensed or licensed dog shall be notified that the dog has been impounded.  Such owner may repossess such dog upon payment to the Clerk of the sum of twenty five dollars ($25.00) as an impounding fee for the first offense, plus an additional fee of ten dollars ($10.00) for keeping such dog for each day or fraction thereof during which such dog has been impounded; fifty dollars ($50.00) as an impounding fee for the second offense on the same dog, plus an additional fee of ten dollars ($10.00) for keeping such dog for each day thereafter; and seventy-five dollars ($75.00) as an impounding fee for the third and each successive offense thereafter on the same dog, plus an additional fee of ten dollars ($10.00) for keeping such dog for each day thereafter.

3.  Impounded unlicensed dogs may be recovered by the owner upon proper identification and by compliance with the provisions of this chapter and of Chapter 56 of this Code of Ordinances relative to licenses.

4.  When any dog has been apprehended and impounded, the official shall give written notice in not less than two (2) days to the owner, if known.  When impounded dogs are not reclaimed by their owners within seven (7) days of the date of notice, they may be humanely disposed of in accordance with the law.

5.  These impounding and disposition charges and proceedings may be imposed in addition to the criminal sanctions of Section 55.11 herein. 

6.  A five dollar ($5.00) fee shall be charged for adoption of any animal from the Harlan City Pound.  The fee shall be waived only upon adoption of any animal by a certified non-profit organization.

4  A twenty-five dollar ($25.00) adoption fee will be charged for the adoption of any intact (non-sterilized) animal from the Harlan City Pound.  Twenty dollars ($20.00) of this fee to be refunded upon receiving spay/neuter confirmation from a licensed veterinarian.

55.13    RABIES CONTROL.  All dogs six (6) months or more of age shall be immunized against rabies and a current rabies vaccination tag, furnished by a licensed veterinarian, shall be attached to the animal’s collar or harness.  Dogs not immunized or without a current rabies vaccination tag may be seized and impounded as provided in Section 55.12 of this chapter.

55.14    QUARANTINE.  The owner of any animal which has contracted rabies, or which has been subject to same, or which is suspected of having rabies, or which shall have bitten any person, shall upon demand by the Police Chief, produce and surrender up such animal to be held in quarantine for observation for that period necessary to detect the existence or nonexistence of rabies.  The cost of caring for said animal shall be paid by the owner.

55.15    DISPOSAL OF INFECTED OR TOXIC ANIMAL.  If, upon examination by a licensed veterinarian, any animal shall prove infected with rabies or otherwise toxic, such animal shall be disposed of and it shall be the duty of said veterinarian to notify the City Chief of Police of any positive rabies case found, without delay.  All related veterinarian fees shall be the responsibility of the owner.

55.16    FEMALE DOGS.  It shall be unlawful for any owner to allow or permit a female dog that is in season to run at large or to so confine her as to attract male dogs to the area and by their presence cause a nuisance.  Any person violating provisions of this section shall be punished as provided in this chapter and the dog shall be subject to seizure and impoundment, at the expense of the owner during the remainder of the heat period.  

55.17    ENABLING DOGS TO LEAVE PREMISES.  It is unlawful for any person, except the owner or agent, to open any door or gate of any private premises or vehicle, or to otherwise entice or enable a dog to leave any private premises or vehicle, for the purpose of or with the result of setting such dog at large.

55.18    VICIOUS DOG PERMITS.  It is unlawful for any person to harbor or keep a vicious dog within the City without first obtaining a vicious dog permit in accordance with the following:

1.  Application.  The application for a vicious dog permit must include the following:

A.  Certificate of Insurance issued by an insurance company licensed to do business in the State, providing personal liability insurance coverage as in a homeowner’s policy, with a minimum liability amount of $100,000 for the injury or death of any person, for damage to property of others and for acts of negligence by the owner or agent in the keeping or owning of such vicious dog.  Said certificate shall require notice to the City, in conformity with general City standards for certificates of insurance, in the event of underlying policy of insurance is canceled for any reason.

B.  The cancellation or other termination of any insurance policy, presented to comply with this section, shall automatically revoke and terminate the permits issued under this section unless another certificate, complying with this section, shall be provided showing insurance in effect at the time of such cancellation or termination.

2.  Photos.  The application must be presented to the Police Chief with two color photos of the dog.

3.  Notification of Changes.  The owner of the vicious dog shall be required to notify the City within 24 hours of any transfer of ownership of the dog, the dog’s escape or death, any change of address by the owner, or birth of offspring to the dog.

55.19    CONFINEMENT OF VICIOUS DOGS.  All vicious dogs shall be secured confined within an occupied house or residence or in a secured enclosed and locked pen or kennel, except when leashed and muzzled as provided below.  Such pen, kennel or structure must have secure sides and secure top attached to the sides or in lieu of a top, walls at least six feet in height and at least six feet taller than any internal structure.  All pens or other structures designed, constructed or used to confine vicious dogs must be locked with a key or combination lock when such animals are within the structure.  Such structure must have a secure bottom, floor or foundation attached to the sides of the pen or the sides of the pen must be embedded in the ground no less than two (2) feet so as to prevent digging under the walls by the confined dog.  All pens must have a sign with minimum two (2) inch lettering saying “Beware of Vicious Dog”.  The Police chief is empowered to inspect such pens at least once per year.  All structure erected to house vicious dogs must comply with all zoning and building regulations of the City.  All such structures must be adequately lighted and ventilated and kept in a clean and sanitary condition  No vicious dog may be kept on a porch, patio or in any part of a house or structure that would allow the dog to exist such building on its own volition.  No person shall permit a vicious dog to go outside its kennel or pen unless such dog is securely leashed with a leash no longer than six (6) feet in length and a muzzle.  No person shall permit a vicious dog to be kept on a chain, rope or other type of leash outside its kennel or pen unless both dog and leash are under the actual physical control of a person eighteen years of age or older.  Such dogs may not be leased to inanimate objects such as trees, posts, building, or any other object or structure. Violation of this section is a misdemeanor.  

55.20    VICIOUS DOGS AT LARGE.  A vicious dog which is found not to be confined as required by this chapter shall be required to be permanently removed from the City or destroyed.  An animal which is returned to the city after removal under this section shall be destroyed.  

55.21    SEIZURE, IMPOUNDMENT AND DISPOSITION OF VICIOUS DOGS, ILLEGAL ANIMALS AND DANGEROUS ANIMALS.

1.  The Police Chief or designee, in his or her discretion or upon receipt of a complaint alleging that a particular animal is a vicious dog, “illegal animal”, or “dangerous animal” as defined herein, may initiate proceedings to declare said animal an “offending animal”.   If the owner contests said designation, a hearing on the matter shall be conducted by the City Administrator or designee.  The person owning, keeping, sheltering or harboring the offending animal in question shall be given not less than 72 hours written notice of the time and place of said hearing.  Said notice shall set forth the description of the offending animal in question and the basis for the allegation of viciousness.   The notice shall also set forth that if the offending animal is determined to be vicious, illegal, or dangerous, the owner may be required to obtain a vicious dog permit, confine the animal or dispose of the animal as required by this chapter.  The notice shall be served upon any adult residing at the premises where the animal is located, or may be posted on those premises if no adult is present to accept service.

2.  If, after hearing, the City Administrator or designee determines an animal is an offending animal held in violation of this  chapter as set out in the notice of hearing, the City Administrator or designee shall order the person owning,  sheltering or harboring or keeping the animal to obtain a vicious dog permit and confine the animal as required by this chapter, or remove it from the City.  The order shall immediately be served upon the person against whom issued in the same manner as the notice of hearing.  If the order is not complied with within three days of its issuance, the City Administrator or designee is authorized to seize and impound the animal.   An animal so seized shall be impounded for a period of seven days.   If at the end of the impoundment period, the person against whom the order of the City Administrator or designee was issued has not appealed such order to the Council, or has not complied with the order, the City Administrator or designee shall cause the animal to be destroyed.

3.  The order to obtain the required permit, confine or remove an offending animal from the City issued by the City Administrator or designee may be appealed to the Council.   In order to appeal such order, written notice of appeal must be filed with the Clerk within three days after receipt of the order.  Failure to file such written notice of appeal shall constitute a waiver of right to appeal the order to the City Administrator or designee.

4.  The notice of appeal shall state the grounds for such appeal and shall be delivered personally or by certified mail to the Clerk.  The hearing of such appeal shall be scheduled within twenty days of the receipt of notice of appeal.  The hearing may be continued for good cause.  After such hearing, the Council may affirm or reverse the order of the City Administrator or designee.  Such determination shall be contained in a written decision .and shall be filed with the Clerk within three days after the hearing or any continued session thereof.  The hearing shall be confined to the record made before the City Administrator or designee and the arguments of the parties or their representatives, but no additional evidence shall be taken.

5.  If the Council affirms the action of the City Administrator or designee, the Council shall order in its written decision that the person sheltering, harboring or keeping such offending animal, shall obtain a vicious dog permit and confine said dog as required by this chapter or remove the offending animal from the City. The decision and order shall immediately be served upon the person against whom rendered in the same manner as the notice set out in subsection (1) of this section.  If the original order of the City Administrator or designee is not appealed and is not complied with within three days or the order of the Council after appeal is not complied with within three days of its issuance, the Police Chief or designee is authorized to seize and impound said offending animal.  A dog so seized shall be impounded for a period of seven days.  If at the end of the impoundment period, the person against whom the decision and order of the City Administrator or designee or the Council was issued has not petitioned the Shelby County District Court for a review of said order, or has not complied with the order, the City Administrator or designee shall cause the dog to be destroyed in a humane manner.

6.  Failure to comply with an order of the City Administrator or designee issued pursuant hereto and not appealed or of the Council after appeal, is a misdemeanor.

7.  Any animal which is alleged to be an offending animal and which is under impoundment or quarantine at the animal shelter shall not be released to the owner, but shall continue to be held at the expense of the owner pending the outcome of the hearing.  All costs of such impoundment or quarantine shall be paid by the owner if the dog is determined to be vicious or the animal is found to be an offending animal.  If the dog is not determined to be vicious or the animal is found not to be offending, all costs shall be paid by the City except costs attributable to initial confinement prior to notice or costs of any required quarantine which shall nonetheless be paid by the owner.

55.22    KEEPING OF ILLEGAL ANIMALS PROHIBITED.  No person shall keep, shelter or harbor any illegal animal as a pet, or act as a temporary custodian for such animal, or keep shelter or harbor such animal for any other purpose or in any other capacity within the City except as provided in Section 55.23 of this chapter.

55.23    ILLEGAL ANIMAL EXCEPTIONS.  The prohibition contained in Section 55.22 of this chapter shall not apply to the keeping of illegal animals in the following circumstances:

1.  The keeping of illegal 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.

2.  The keeping of illegal animals for exhibition to the public by a bona fide traveling circus, carnival, exhibit or show.

3.  The keeping of illegal animals in a bona fide, licensed veterinary hospital for treatment.

4.  The keeping of illegal animals by a wildlife rescue organization with appropriate permit from the Iowa Department of Natural Resources.

5.  Any illegal animals under the jurisdiction of and in the possession  of the  Iowa  Department  of Natural Resources, pursuant to Chapters 109 and 109A of the Code of Iowa.

6.  The keeping of snakes and reptiles that are venomous and the keeping of snakes that are constrictors six feet in length and over, by any individual 18 years of age or older who (a) has received a degree of bachelor of science, based upon  courses  of  instruction  which  include  courses  in herpetology, from an accredited college level institution, or (b) has successfully completed a course of instruction taught under the auspices of a zoo on the proper handling, care and keeping of such animals, or (c) has completed a course of instruction of at least 20 hours duration at an accredited educational institution on the care, handling and keeping of reptiles, before the effective date of the ordinance codified by this chapter and (d) has applied for and received from the Clerk a permit to keep such animals, such application to be on a form approved by the Council.

55.24    KEEPING OF DANGEROUS ANIMALS PROHIBITED.  No person shall keep, shelter or harbor for any reason within the City a dangerous animal so defined herein, except as provided in Section 55.25 of this chapter.

55.25    DANGEROUS ANIMAL EXCEPTIONS.  The prohibition contained in Section 55.24 of this chapter shall not apply to the keeping of dangerous animals under the control of a law enforcement or military agency.

55.26    IMMEDIATE SEIZURE OR DESTRUCTION OF ANIMALS.  Any animal which displays dangerous tendencies or is an illegal animal may be processed as a dangerous animal pursuant to Section 55.21 of this chapter and said animal may be immediately seized anywhere within the City, in which case the Police Chief or designee is authorized to destroy it immediately.  Any dog which has been previously declared vicious or which is believed to be vicious and is not properly confined may be treated as a dangerous animal, and be immediately seized anywhere within the City.

55.27    PERMANENT REMOVAL FROM CITY.  Any animal required by any provision of this chapter to be removed, voluntarily or otherwise, from the City, shall be so removed by its owner or the person harboring or having control of such animal, who shall provide the Police Chief a notarized statement designating the place to which the animal has been removed.  An animal not removed as required, or an animal which has been removed and which is again found illegally within the City shall be destroyed.

55.28    FIREARM PERMITS TO DESTROY OBNOXIOUS BIRDS.  The Police Chief is authorized to grant a permit for the use of firearms within the city limits of the City for the purpose of shooting and destroying pigeons, starlings, sparrows and other obnoxious birds of a like character and species when such birds are so concentrated as to substantially interfere with the peaceful enjoyment of private property within the City.  The permit may be granted to any person over eighteen (18) years of age for a period of time specifically stated therein and authority thereunder granted shall be limited to specific areas, shall specifically describe the type of firearm to be used and the species of birds to be destroyed, and shall be in writing.  Nothing in this section shall exempt the permittee from any civil liability which may be imposed because of any negligence in the use of such firearm.  

55.29    REGISTRATION OF KENNELS.  The owner of any kennel within the City limits shall be required to obtain a permit by registering said owner’s name and business address with the Clerk and shall comply with all City ordinances and regulations.  A kennel permit shall not be issued to an owner within an R-1, R-2, R-3, R-4 or R-M zoning district.  A kennel, for this purpose, is defined as the business of keeping or raising four (4) or more animals solely for the bona fide purpose of sale and which animals are kept under constant restraint.

55.30    REGULATION OF HORSES.  It is unlawful for any person or persons to ride, lead, or drive a horse or horses upon any public sidewalk or upon any other portion of a public street right-of-way other than that portion thereof designated for use by vehicular traffic.  Any person riding, leading, or driving any horse within the city limits of the City of Harlan shall be subject to all applicable city ordinances, rules of the road and all regulations governing traffic upon the public street, avenues, alleys and other public places within the City of Harlan.  Furthermore, all persons riding, leading, or driving any horses which defecate anywhere within the city limits, shall, without delay, remove the feces to a garbage or trash receptacle after first placing said feces in a plastic or other impermeable bag and sealing said bag by tying it securely using a “twist tie”, tape, or similar device or otherwise dispose of the feces in a sanitary manner.

55.31    ANIMAL WASTE.  It is unlawful for any person or persons who own, house, lead, walk, or otherwise maintain control of any animal or pet which defecate anywhere within the city limits to fail to immediately remove the feces produced by said animal or pet to a garbage or waste receptacle after first placing said feces in a plastic or other impermeable bag and sealing said bag by tying it securely or using a “twist tie”, tape or similar device to prevent the odors from escaping from said bag into the atmosphere.  All structures, yards, kennels, or pens wherein any dog, cat, pet or other animal is contained must be kept clean and free from odors caused by animal waste and/or feces.

55.32    PET AWARDS PROHIBITED.

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 event.

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 which 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.

Dog License Required

56.01    ANNUAL LICENSE REQUIRED.  Every owner of a dog over the age of six (6) months shall procure a dog license from the Police Department on or before January 31 on each year, said license shall expire on December 31.  Every person registering a dog must be of a legal age at the time of registration. Such license may be procured at any time for a dog which has come into the possession or ownership of the applicant or which has reached the age of six (6) months after said date.  All licenses shall expire the last day of December.

56.02    LICENSE FEES.  The annual license fee shall be ten dollars ($10.00) for each dog.  A penalty of ten dollars ($10.00) shall be assessed for failure to pay the license fee when due.  Impounded animal will not be released to owner until license is purchased and all fines and fees are received.

56.03    VACCINATION REQUIRED.  Before a license is issued, the owner must present to the Police Department a certificate from and signed by a licensed veterinarian showing that the dog for which the license is sought has been vaccinated against rabies with an injection of anti-rabies vaccine approved by the State Department of Agriculture, and that the vaccination does not expire within six months after the effective date of the dog license.  Such vaccine shall be administered by a licensed veterinarian.  Such veterinarian shall thereupon issue a tag with the certificate of vaccination, and such tag shall at all times be attached to the collar of the dog.  This collar and tag shall at all times be kept on such dog.  Such veterinarian shall issue a tag with the number thereon and the certificate of vaccination shall designate the tag number.  Each rabies vaccination certificate issued by such veterinarian must be an official rabies vaccination certificate approved by the State Department of Agriculture.

56.04    POLICE DEPARTMENT TO ISSUE LICENSE.  Upon payment of the license fee, the Police Department shall issue to the owner a license which shall contain the name of the owner, place of residence, and a description of the dog.  The Police Department shall keep a duplicate of each license issued as a public record.  Upon the issuance of the license, the Police Department shall deliver to the owner a metal tag stamped with the number of the license and the year for which it is issued.  The license tag shall be securely fastened to a collar or harness which shall be worn by the dog for which the license is issued.  Any dog found running at large without the license tag attached to its collar or harness shall be deemed unlicensed.

56.05    LICENSE AND VALID TAG REQUIRED.  It is a violation of this chapter for any owner to own or possess a dog within the City without obtaining a license in compliance with this chapter.  Any dog found at large without a valid license from the City, or not wearing a valid rabies vaccination tag and for which no rabies vaccination certificate can be produced, shall be apprehended and impounded.

56.06    TAG NOT TRANSFERABLE.  A license tag issued for one dog shall not be transferable to another dog.  When the permanent ownership of a dog is transferred, the Police Department shall, by notation on the license record, give the name and address of the new owner.

56.07    DUPLICATE TAG.  Upon the filing of an affidavit that the license tag has been lost or destroyed, the owner may obtain another tag on the payment of one dollar ($1.00) and the Police Department shall enter in the license record the new number assigned.

Pet-Friendly Park

While we hope you bring your "pick-up bags" with you, Pioneer Park now has bag stations at the Willow Street and Pine Street Entrances.  The 10-foot wide walking trail makes a great place to exercise both you and your pet.