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Ordinances

Ordinances relating to the City of Fairfield may be reviewed at City Hall.

Sidewalks

Sidewalk Specifications

1.01 The subgrade upon which the sidewalk is to be placed shall be prepared by excavating or filling with suitable material to a minimum depth of four (4) inches below the finished sidewalk elevation. The subgrade shall be compacted until smooth, firm, and unyielding. Where fill is needed, crushed stone is the preferred material to be used.

The subgrade shall be thoroughly moistened prior to the placement of the PCC.

1.02 Forms of wood or steel shall be used along each edge of the sidewalk. The forms shall be set true to line and grade and shall be held rigidly in place by stakes placed outside of the forms and flush with, or below, the top of the forms. Steel forms shall be full thickness (four (4) inches for sidewalks and six (6) inches for driveways). Standard dimensional lumber for wood forms (2” x 4”, 2” x 6”) shall be acceptable, provided that the sidewalk remains a full four (4) inches in thickness and driveways a full six (6) inches in thickness.

1.03 Where sawing is required to remove existing concrete sidewalk, it shall be sawed full depth to prevent any damage to adjacent squares of sidewalk.

1.04 Forms shall be set so that the sidewalk will have a slope toward the street of one-quarter (¼) inch for each foot of width. The sidewalk forms shall be placed continuously through driveway approaches. The maximum longitudinal slope of any sidewalk shall be one (1) inch in twelve (12) inches.

1.05 All exposed surfaces of the concrete shall be cured with a white pigmented curing compound as soon as the finishing is completed. Sonneborn curing compounds that produce a visible film will also be acceptable. Moist curing will be acceptable, but the concrete surfaces shall be kept continuously moist for four (4) days.

1.06 Concrete sidewalks shall be a minimum of four (4) inches in thickness. Sidewalks constructed through driveway approaches shall be a minimum of six (6) inches in thickness.

1.07 The width of sidewalks constructed shall be four (4) feet, except where a different width of walk has been constructed within the same block. In these instances, the new walk shall match the width (larger or smaller) of the existing sidewalk.

1.08 The plastic concrete shall be struck off and finished to grade with a steel trowel. All edges shall be rounded with an edging tool. Sidewalks shall then be given a light-broom texture to provide a slip-resistant surface.

1.09 The sidewalk shall be cut into squares equal to the sidewalk width. The minimum depth of cut shall be one and one-half (1½) inches for a four (4) inch deep sidewalk and two (2) inches for a six (6) inch sidewalk through a driveway.

1.10 Commercial 4,000 psi concrete mix, or Iowa DOT Class C or Class M concrete shall be used for all sidewalks unless a waiver has been granted by the City Council for an alternate material. The Iowa DOT mixes shall be in accordance with Iowa DOT Specification 2511. The target air content shall be seven (7) percent. Class II or III Aggregates shall be used. The maximum slump shall not exceed four (4) inches. Sack-crete is not an acceptable concrete.

1.11 Barricades shall be provided in order to provide for the safety of the public traversing the construction area. The contractor or individual completing the repairs shall barricade both ends of each area where sidewalk is removed.

Alley crossings shall be replaced the day they are removed, and shall be barricaded on all four sides.

1.12 Some sidewalk defects may be patched in lieu of removal and replacement of the defective square.

a. Surface depressions with an area of eighteen (18) square inches or less may be patched.

b. Holes to the full depth of the sidewalk or sections of the sidewalk completely missing, and not exceeding eighteen (18) square inches may be patched.

c. No sidewalk panel shall have a patched area, including surface and full-depth patches, exceeding fifty (50) percent of the panel’s total area.

d. No panel shall have a total full depth patch area greater than seventy-two (72) square inches.

Pre-approved patching materials include the following:

1. Home Depot – Quickrete Vinyl Concrete Patcher (Grey)

2. Menards – AKONA Vinyl Cement Patch

3. Ideal Ready Mix – United Vinyl Patch

The patching material shall be mixed, placed, and cured in strict accordance with the manufacturer’s recommendations.

Sidewalk Policy

1. A waiver of the sidewalk specifications may be allowed for the following reasons:

a. Special surface texture (i.e., exposed aggregate, brick stamped pattern, paving brick on concrete subgrade).

b. An asphalt driveway with the elimination of a sidewalk section.

City Council approval is needed for all requested waivers.

2. Full squares of sidewalk shall be replaced when being repaired. A square being defined as between two existing joints, or if there are no joints, between saw cuts equal to the width of the sidewalk being repaired.

3. Patching may be allowed if in accordance with the sidewalk specification.

4. Mud jacking is an acceptable method of raising sidewalk squares which have settled, provided that the end result meets the sidewalk ordinance.

ORDINANCE NO. 999

AN ORDINANCE AMENDING TITLE 6 OF THE MUNICIPAL CODE OF ORDINANCES OF FAIRFIELD CONCERNING DOMESTICATED ANIMAL, WILD ANIMAL AND DANGEROUS ANIMAL CONTROL BY ADDITION OF THE FOLLOWING:

SECTION I. Purpose and Intent:

It is the purpose and intent of this Ordinance to amend and expand Title 6 of the Municipal Code prohibit the enabling of animals to leave the premises of owner, cruelty toward, or abandonment of any animal within the City. Furthermore, this ordinance is intended to communicate the provisions for persons finding animals at large and animal impoundment as well as restrictions on the harboring of dangerous animals, vicious animals, creatures that bite, or other animals requiring further regulation.

SECTION II. Amendment by Addition:

Title 6 of the Fairfield Municipal Code is amended by addition of the following, set forth in sequence, as a new codified subchapter.

CHAPTER 6.14. Domesticated Animal, Wild Animal and Dangerous Animal Control.

6.14.10. Definitions:

(A) "Abandonment" means the voluntary relinquishment of possession of an animal by the owner, with the intention of terminating ownership without vesting it in any other person.

(B) "Owner" means any person or legal entity having a possessory right in a dog or other animal, or who harbors, cares for, exercises control over, or knowingly permits any animal to remain on the premises occupied by them. And for the purposes of this chapter, the owner of any dog or other animal shall be the head of the household, firm, corporation, or other entity where such dog is permitted to remain on the premises more than seven days.

6.14.20. Abandonment of animals:

No owner of an animal shall abandon such animal within the City of Fairfield, Iowa.

6.14.30. Enabling animals to leave premises of owner:

It is unlawful for any person, except the owner or his or her agent, employee or immediate family member to open any gate or door on any premises, or otherwise entice, or enable any animal to leave said premises.

6.14.40. Number of animals and type of animals restricted:

(A) No person shall keep dogs, cats or other animals in such numbers or in such a manner that their presence shall disturb the peace and comfort of any neighborhood or cause a menace or detriment to public health. Keeping of large numbers of animals may cause disturbance of peace or may constitute a nuisance under certain defined circumstances. Any animal subject to requirement of license and vaccination is a mature animal for this purpose.

(B) Kennel animals/animals kept for breeding purposes, are subject to zoning regulations, breeder fees, and specifically authorized permit for such purpose, as detailed in City Dog Licensing provisions.

6.14.50. Sanitation of premises:

All structures, pens, coops or yards wherein animals, domestic or wild, are confined shall be maintained in a clean and sanitary condition at all times, devoid of vermin and free from offensive odors. The City or its designee may, at any time, inspect or cause to be inspected any structure or premises, and issue any such order as may be necessary to enforce the provisions of this section, and any other relevant or pertinent rule, regulation of the board of health or any other health provisions of this code.

6.14.60. Cruelty to animals:

No person shall impound, confine or cause to be impounded or confined in any place, any animal, domestic or wild, and fail to supply such animal during confinement with a sufficient quality (quantity) of food and water, adequate shelter and protection from the weather and opportunity for the said creature to exercise. Nor shall any person poison, torture, deprive of necessary sustenance, mutilate, overdrive, overload, drive when overloaded, beat, maim, or kill any such animal by any means which shall cause unjustified pain, distress or suffering, including direct and deliberate corporal exposure of the animal to acid or any other corroding, irritating, or harmful substance with the intent to harm such animal, whether intentionally or negligently.

6.14.70. Dangerous Animals:

A. Defined.

"Dangerous animal" means:

(1) 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.

(2) Any animals declared to be dangerous by the City Council.

(3) The following animals shall be deemed to be dangerous animals per se:

a. Lions, tigers, jaguars, leopards, cougars, lynxes, cheetahs, and bobcats;

b. Wolves, coyotes and foxes;

c. Badgers, wolverines, weasels, and skunks;

d. Raccoons;

e. Bears;

f. Monkeys, chimpanzees, and gorillas;

g. Alligators and crocodiles;

h. Scorpions, venomous tarantulas, and Gila monsters;

i. Snakes that are venomous or constrictors;

j. Any crossbreed of such wild animals listed above which have similar characteristics to the animals specified above;

k. Attack dogs, by training made vicious in response to stimuli or command;

l. Doberman Pincher

m. Pit bull terrier, American Pit Bull, Staffordshire Terrier, or any other dog whose appearance and characteristic of breed is commonly regarded as Pit Bull, Pit Bull Dog, or Pit Bull Terrier or a combination of such breeds.

n. Rottweiler

o. German Shepherd

p. Belgian Malinois

q. Siberian Huskies

r. Malamutes

s. Dogs that by size present control concerns including Great Danes, Wolfhounds, Deerhounds, Mastiffs, Boerboels and other dogs weighing in excess of 100 pounds.

t. Any crossbreed of such dogs listed above at l. to s. which have similar characteristics to those animals specified.

B. Keeping prohibited.

No person shall keep shelter, or harbor for any purpose within the City a dangerous animal except as provided in paragraphs C and D of this Section.

C. Exceptions.

The prohibition contained in Section B of this Section shall not apply to the keeping of dangerous animals in the following circumstances:

(1) The keeping of dangerous animals in a public zoo, public aquarium and 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 dangerous animals for exhibition to the public by a bona fide traveling circus, carnival, exhibit or show licensed to perform in the City.

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

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

(5) Any dangerous animals under the jurisdiction of and in possession of the Iowa Department of Natural Resources, pursuant to I.C.A. ch. 41A or I.C.A. ch. 481B.

(7) The entry into and display at an approved dog show, while properly confined in a cage or on a leash and personally restrained by a handler or owner of the dog.

(8) Any of such animals as listed in sections subsequent to 6.14.70 (A) (l) herein provided such animal(s) are safely confined on the owner's private premises.

D. Regulation of Keeping Dangerous Animals.

(1) Every person, firm or corporation keeping, sheltering, or harboring a dangerous animal as permitted under paragraph C shall at all times keep such animal securely confined within a cage or other enclosure approved by the Mayor, or the City's designee, (i.e., Chief of Police, animal control officer, etc.)

(2) No person, firm or corporation owning, keeping, sheltering or harboring a dangerous animal as permitted under paragraph C shall permit or allow such animal to enter upon, be placed in, or traverse any public property, park property, public right-of-way, public waterway, or lagoon, or public sewer system, or any business establishment licensed by the City, or the property of another except when such animal is being transported while caged or confined.

(a) Exception: The owner of any dog listed after 6.14.70 (A) (l) herein shall be permitted to walk or exercise his/her dog off premises provided such animal is secured on a leash of four (4) feet or shorter. Further, the dog shall have a current vaccination tag affixed to its collar. Limitations on tethering set forth in Ordinance No. 1000, codified as 6.40.100, shall apply to all dogs listed in subparagraph l. to t. of 6.14.70 (A) herein.

(3) It shall be the duty of the persons permitted to keep dangerous animals under paragraphs C and D to report to the Mayor, or City's designee, when any dangerous animal is found missing.

(4) No person shall keep or harbor a dangerous animal, which has demonstrated a propensity, without provocation, to attack or bite. Such animal shall be subject to the vicious animal provisions of this Ordinance.

E. Seizure, impoundment and disposition of dangerous animals.

(1) In the event that a dangerous animal is found at large and unattended upon public property, park property, public right-of-way, public waterway, lagoon, or public sewer system, or the property of someone other than its owner, and it creates a hazard to person or property, such animal may, in the discretion of the Mayor or his designee, be destroyed if it cannot be confined or captured. The City shall be under no duty to attempt the confinement or capture of a dangerous animal found at large, nor shall it have a duty to notify the owner of such animal prior to its destruction.

(2) Upon the complaint of any individual that a person is keeping, sheltering, or harboring a dangerous animal on premises in the City in violation of this Ordinance, or who keeps a dangerous animal which has demonstrated a propensity to attack or bite without provocation, the Mayor, or City's designee, shall cause the matter to be investigated, and if after investigation the facts indicate that the person named in the complaint is keeping, sheltering or harboring a dangerous animal in the City in violation of this Ordinance, the Mayor, or City's designee, shall order the person named in the complaint to safely remove such animal from the City, permanently place the animal with an organization or group allowed under paragraph C of this article to possess dangerous animals, or destroy the animal, within three days of the receipt of such order. Such order shall be contained in a notice to remove the dangerous animal, which notice shall be given in writing to the person keeping, sheltering or harboring the dangerous animal, and shall be served personally or by certified mail. Such order and notice to remove the dangerous animal shall not be required where such dangerous animal has previously caused serious physical harm or death to any person, in which case the Mayor or the City's designee, shall cause the animal to be immediately seized and impounded as placement would not be possible, without risk of serious physical harm or death to any person.

(3) The order to remove a dangerous animal issued by the Mayor or City's designee may be appealed to the Animal Control Review Board. In order to appeal such order, written notice of appeal must be filed with the City Clerk within three days after receipt of the order contained in the notice to remove the dangerous animal. Failure to file such written notice of appeal shall constitute a waiver of right to appeal the order.

(4) The notice of appeal shall state the grounds for such appeal and shall be delivered personally or by certified mail to the City Clerk. The hearing of such appeal shall be scheduled within ten (10) days of the receipt of notice of appeal. The hearing of such appeal may be continued for good cause. After such hearing, the Animal Control Review Board may affirm or reverse the order of the Mayor, or City's designee. Such determination shall be contained in a written decision and shall be filed with the City Clerk within three (3) days after the hearing, or any continued session thereof. Such Board determination may be appealed within three (3) days thereafter to the Public Safety Committee of the Fairfield City Council, which shall review the matter within ten (10) days after receipt of the written appeal. The Committee determination shall be filed within three (3) days after the determination of the Public Safety Committee. Final administrative appeal may be taken in writing to the Fairfield City Council within three (3) days after the determination of the Public Safety Committee. City Council Animal Control Appeal Hearings shall be scheduled at least bi-monthly, if needed, and shall comply with Public Meeting and Notice and Agenda requirement(s) of the Code of Iowa.

(5) If the appeal taken affirms the action of the Mayor, or City's designee, the City shall order in its written decision that the individual, or entity, owning, sheltering, harboring, or keeping such dangerous animal, remove such animal from the City, permanently place such animal with an organization or group allowed under paragraph C to possess dangerous animals, or destroy it. The decision and order shall immediately be served upon the person or entity against whom rendered in the same manner as the notice of removal. If the original order of the City after appeal has been served, the Mayor or City's designee is authorized to seize and impound such dangerous 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 decision and order of the City was issued has not petitioned the Jefferson County District Court for a review of said order, the Mayor, or City's designee, shall cause the animal to be disposed of by sale, permanently place such animal with an organization or group allowed under paragraph C to possess dangerous animal(s), or destroy such animal in a humane manner. All impoundment fees shall be at the expense of the owner of the dangerous animal, which said fee shall be all actual costs of the feeding and care of the animal, consistent with Fairfield Municipal Code Chapter 6.12.050.

6.14.80. Keeping or harboring vicious animals: ANIMALS THAT BITE

(A) "Vicious Animal" defined. "Vicious Animal" means any animal which is, in addition to those animals which are dangerous per se, an animal that has exhibited vicious tendencies in present or past conduct such that said animal (a) has clawed or bitten a person or persons where such attack was unprovoked; or any animal that (b) could not be controlled or restrained by the owner at the time of the attack so as to prevent the occurrence; or (c) has attacked any domestic animal or fowl on at least two separate occasions within a twenty-four month period.

(B) No person shall keep or harbor any vicious animal in the City, and if said animal remains in the City after notice to remove the same has been given to the owner by the City of Fairfield, said animal shall be picked up by the City's designee and destroyed as provided herein.

(C) Any vicious animal, which cannot be safely taken up and impounded for destruction, may be slain by any officer of the law.

(D) No animal shall be permitted to or shall attack, bite, attempt to bite, or belligerently pursue any person without provocation.

(E) "Provocation" shall include the:

(1) Defense of the property of the owner of the dog.

(2) Defense of the person of the owner or his immediate family.

(3) Defense of the animal itself where subjected to attacks, torture, torment, mishandling or other actions that could reasonably cause such a violent reaction by the animal. This is not intended to permit dog fighting.

(F) Provocation shall not include:

(1) The mere act of entering the premises or dwelling, other buildings or other property of the owner or occupant thereof with either actual or implied consent of the owner or occupant thereof to so enter.

(2) Any action by a person that would not be reasonably deemed to cause such a violent reaction.

(G) Owner's Duty. It shall be 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 law enforcement official or the City Clerk. It shall be the duty of physicians and veterinarians to report to the City Clerk the existence of any animal known or suspected to be suffering from rabies.

(H) Confinement. When the City of Fairfield receives information that biting or attack covered by this Ordinance has occurred and 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 the City, and after two weeks the City may humanely destroy the animal if it is found to have rabies. If such animal does not have rabies and is returned to its owner, the owner shall pay the cost of impoundment.

6.14.90. IMPOUNDMENT GENERALLY

B. Owners of licensed and/or I.D. tagged dogs shall be notified within two (2) days of impoundment, that upon payment of impounding fees and of all costs incurred by the City for impounding, the dog will be returned. If their owners do not recover the impounded licensed dogs within seven (7) days after notice, the dogs shall be disposed of in a humane manner as directed by this Ordinance.

C. The owner, upon proper identification, may recover impounded unlicensed dogs or other animals subject to this Chapter by payment of the impounding fees of all costs incurred by the City for impounding, and the costs of vaccination if vaccination is required. If such dogs or other affected animal(s) are not claimed within seven (7) days after notice, they shall be disposed of in a humane manner as directed by this Ordinance.

E. Penalty for violation. Any person or persons violating any of the provisions of this chapter shall be guilty of misdemeanor, and upon conviction thereof shall be fined not less than fifty dollars ($50.00) or more than $500.00, and the cost of prosecution. Repeat offenses may also be penalized as civil infractions. Determination to pursue as a civil infraction shall be discretionary to the City. Civil infraction enforcement shall include remedial orders beyond pecuniary penalty, including injunctive relief, nuisance remedy, mandatory attendance at available education and training opportunities, participation in ordered mediation, and such other civil remedy as may relate to and supplement and assist in goals of prevention of re-occurrence of future violation.

F. Notwithstanding the provisions of 6.14.90, paragraphs B & C herein, in the event the City is informed by a credible source that the owner of an impounded dog is temporarily absent from the City, or temporarily unable to be notified of the impoundment, the City may elect, in its discretion, to proceed by alternative means of notice or to delay such process.

The City may grant variances to the requirements of this Ordinance with respect to the keeping of dangerous or vicious animals provided that the individual's request for variance is submitted in writing and the individual's request is consistent with the purpose of this Ordinance. Requests for variances shall be heard by the Animal Control Review Board at publicly noticed meetings. In ruling on a variance request, the Animal Control Review Board is entitled to consider the applicant's experience with regard to the handling and keeping of similar animals, the type and quality of the facilities provided for the confinement of the animal, any prior documented problems or complaints concerning any animal owned by or in the custody of the applicant, and information consistent with those preventive measures characterizations listed at Title 6, Section 40.160(B) as codified. Board determination with respect to variances may be appealed to the Public Safety Committee of the Fairfield City Council and to the full City Council in the same manner as appeals allowed under 6.14.70, paragraph E herein.

6.14.110. ANIMAL CONTROL REVIEW BOARD.

There is established an Animal Control Review Board. The Board shall consist of five (5) members appointed by the Mayor and affirmed by the City Council, with its advice and consent, in the same manner as appointments to the Board of Adjustment at Section 20.92.010 of the Fairfield Municipal Code. The Board shall exist for purposes of consideration of appeals and variances. An Appeal fee of $50.00, similar to that required by the Board of Adjustment, shall apply.

SECTION III. SEVERABILITY:

If any section, provision, or part of this Ordinance shall be adjudged to be 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 IV. EFFECTIVE DATE:

This Ordinance shall, after its final passage, approval and publication as provided by law, be in full force and effect.

PASSED and APPROVED this 11th day of October, 2004.

____________________________________ Edward Malloy, Mayor

ATTEST:

_________________________________

John F. Brown, City Administrator

The vote on the foregoing ordinance was as follows:

AYES NAYS ABSTAIN ABSENT

Hamilton __X__ _____ _____ _____

Revolinski __X__ _____ _____ _____

Adam __X__ _____ _____ _____

Reeder _____ __X__ _____ _____

Boyer __X__ _____ _____ _____

Welty _____ __X__ _____ _____

Gookin __X__ _____ _____ _____

On this _____ day of _________________, 2004, before me, the undersigned, a Notary Public in and for said County, in the State of Iowa, personally appeared Edward Malloy, Mayor, and John F. Brown, City Administrator, to me known to be the identical persons named in and who executed the within and foregoing instrument and Ordinance, and acknowledged that they executed the same as their voluntary act and deed and by the power of their offices.

______________________________________________

Notary Public in and for the State of Iowa

ORDINANCE NO. 1000

ORDINANCE CONCERNING LICENSING OF DOGS, VACCINATION, AND SPECIAL CONDITIONS, AND AMENDING TITLE 6 OF THE MUNICIPAL CODE TO MAKE MANDATORY

BE IT ORDAINED BY THE FAIRFIELD CITY COUNCIL that:

Section 1. Intent and Purpose.

It is the intent and purpose of this Ordinance to add a new subchapter to Title 6 providing for licensing, vaccination and other owner responsibility concerning dogs lawfully kept upon individuals' private premises within the City of Fairfield, Iowa.

Section 2. Amendment by Addition.

Title 6 of the Fairfield Municipal Code is amended by addition of the following, set forth in sequence, as a new codified subchapter:

CHAPTER 6.40

LICENSING AND VACCINATION

6.40.10. License required.

The owner of any dog six months old or over, except dogs kept in kennels for the purpose of breeding and sale, shall be responsible for applying for and acquiring a license for such dog as of January 1 of each year. Time for licensing and one-month grace period may be adjusted annually to facilitate administration of the Ordinance over several months (i.e., alphabetical schedule during first six (6) months each year, provided notice of licensing times is conspicuously posted and published by City Administration.

6.40.20. Application.

The owner of any dog for which a license is required shall, on or before January 31 of each year, or at such time is designated by posted schedule, apply in writing on forms provided by the City Clerk for a license for each dog owned by the applicant, which application form shall be signed by the owner. The application shall show the breed, sex, age, color, approximate weight, markings, name of the dog, whether the dog has special training such as security, guard or attack dog status, and the address and telephone number of the owner.

Applications for a license for dogs over which ownership is acquired after January 31 or which dog has reached the age of six months shall be made within one month from the date of acquisition, or within one month after the dog reaches the age of six months, subject to adjustment for licensing scheduling provided for at 6.40.10 herein.

6.40.30. Evidence of rabies vaccination required.

No dog shall be licensed hereunder unless there is submitted by the owner evidence that the dog to be licensed has been vaccinated against rabies as required by law and the certificate of vaccination signed by a licensed veterinarian which shows that the vaccination certificate will not expire within six months from the date of the issuance of the license. Rabies vaccination tag number shall be stated on license application.

6.40.40. Exemptions.

(a) The license fees hereinafter provided shall not apply to dogs owned by nonresidents temporarily within the City for a period of not more than 30 days, but shall apply to the dogs of any owner becoming a resident of the City within 30 days after establishing such residence.

(b) A license shall not be required of Seeing Eye and hearing ear dogs, nor to kennel dogs (permanent breed dogs). Dog(s) comprising the Fairfield Police Department Canine Unit are exempt for as long as they are assigned to the Department.

6.40.45. Breeder Fee.

Subject to City of Fairfield Zoning Rules as to Kennels and notwithstanding other provisions of this licensing ordinance, the City may, upon application thereto, permit the raising of animals for profit on plots less than two (2) acres in size, but only in a non-restricted residential district under such conditions as do not adversely affect the health of residents in vicinity of the proposed venture, or create a nuisance. Upon approval by the City Council, a permit shall be issued by the City Clerk, which permit may be removed by the Mayor, or City's designee, upon the showing that health of any person(s) in the vicinity is adversely affected by said operation, or a nuisance has been created and is in existence because of said venture. In granting the permit, the City Council may make such restrictions and requirements as are necessary to prevent the creation of a nuisance and protect the health of persons residing in the vicinity of said operation, with provision that non-compliance shall require immediate cancellation of the permit. A Breeder's fee of $150.00 shall be required of each kennel in each year in which such activity is undertaken. In the event of removal or denial of the permit herein, appeal procedures provided at Title 6, Section 14.70, paragraph E, of the Fairfield Municipal Code shall apply.

6.40.50. License Fee.

The individual dog license/registration fee shall be $10.00 per calendar year or fraction thereof. The head of the family shall be liable for payment of the license fee on any dog owned, harbored, or kept by any member of the family. One-dollar penalty shall be added to the license fee if not paid prior to July 1. The license fee above applies provided such animal is shown to be spayed or neutered. If not, the license/registration fee shall be $50.00 per calendar year.

6.40.60. Tags on Dogs.

When a dog is registered for licensing, a record of the breed, color, name of dog and name of owner, together with the number of the license issued, shall be made of record in the City Clerk's office. The City shall regard the rabies vaccination tag number as the license number, and shall also attach the City marked tag for each dog licensed, and such license tag shall be securely fixed to a suitable collar, or harness, on each dog licensed, and worn by such dog at all times. Owner of a dog found without a license tag shall be afforded a 72-hour period in which to prove licensing has occurred and produce such tag, provided such grace period is afforded any owner only once with regard to any licensed animal.

6.40.70. Tag not transferable.

The dog tags required by this article shall not be transferable from one dog to another, and no refund shall be made on any dog license fee because of the death of the dog or by reason of the owner leaving the City before the expiration of the license period.

6.40.80. 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 $5.00, if a spayed/neutered animal, or $15.00, if not. The City Clerk shall keep a proper record of the issuance of duplicate tags.

6.40.90. Notice to City of vaccination.

(a) All veterinarians vaccinating dogs and cats for owners residing in the City shall once each month send vaccination certificates to the City Clerk as notification of said vaccinations.

(b) The City Clerk, upon receiving said certificates, shall notify by mail every owner listed on said certificates which does not have the dog thereon listed as currently licensed.

(c) Every owner so notified shall license said dog as required by this chapter consistent with and no later than the time scheduled for licensing provided by this Ordinance, or as published and posted.

6.40.100. Special application conditions – dogs classified as potentially dangerous by breed, by training, or by size, strength, propensity and control classification.

Licensing of dogs classified as dangerous or potentially dangerous at subparagraph (A) (3) (k-t) of Title 6, Section 14.70, of the Municipal Code of the City of Fairfield, shall require the completion by the applicant of an additional form to be provided by the City Clerk.

To license an animal of such classification, the applicant shall:

A. Agree to restrict the animal to the residence and the premises of the owner.

B. Agree to safely and securely confine such animal in an untethered confinement if outside the owners' residence/on the owners' premises, or if tethered, not to exceed three (3) hours of tether per day. Tethering of any listed dog for longer than three (3) hours of any day shall constitute a violation of this ordinance.

C. Agree to keep such safe/secure confinement locked at all times used by the animal, if the owner is not personally present and attending to the animal.

D. Agree at any time the animal is taken off premises to either safe/secure confinement or to safety leash of not more than four (4) feet.

6.40.110. Liability.

Nothing in this Ordinance is intended to, and the required full compliance with this Ordinance, shall not absolve the keeper (owner) of any animal that inflicts injury upon a person or damage to property, from financial responsibility for the actions of that person's animal. Compliance with this Ordinance shall not be deemed as an admission of liability for purpose of civil litigation, however.

6.40.120. Variances.

Variance from a requirement of this Ordinance may be considered by the Animal Control Review Board if submitted in writing with explanation of how the variance will, if granted, be consistent with the purposes of this Ordinance. However, no variance is allowed concerning licensing fees. The Animal Control Review Board shall consider the request for variance and may consider the applicant's experience with and handling of the animal concerned, the type and quality of facility provided for control and confinement of the animal, and the history of the animal and of the applicant, any documentation provided to the City as part of licensing application, or for other purposes consistent with this Ordinance, including prior documented problems or complaints concerning any animal previously owned by, or in the control of the applicant or information consistent with those preventive measures characterization listed at Title 6, Section 40.160 (B). Animal Control Review Board determinations concerning licensing and licensing requirements shall be in writing. They are completely discretionary. Appeal provisions of subparagraph E of Title 6; Section 14.70 of the Fairfield Municipal Code shall apply.

6.40.130. Simple misdemeanor for violation of chapter.

Except where hereinabove provided otherwise, the violation of any provisions of this chapter shall be a simple misdemeanor. Each day violation continues constitutes a separate offense.

6.40.140. Violation as a Civil Infraction/Discretion for Additional Civil Enforcement.

6.40.150. Violation Establishing "Irresponsible Animal Ownership."

A. "Irresponsible Animal Ownership. (1) Any animal owner that has been convicted of any violation of this chapter or Ordinance 999 on two occasions in a twelve-month period shall be designated an irresponsible animal owner. If an animal owner is convicted of a third violation of this Chapter or Title 6, Chapter 14, of the Fairfield Municipal Code in a twelve-month period, all animals may be confiscated and disposed of at the discretion of the Chief of Police or City Administrator, and no animal licenses shall be issued to anyone at the irresponsible animal owner's residence for a period of 36 months.

(2) Any animal owner that has been convicted of a violation resulting in injury or damage to person or property on one occasion in a twelve-month period shall be designated an irresponsible animal owner. If an animal owner is convicted of a violation resulting in injury or damage to person or property on a second occasion in a twelve-month period, all animals may be confiscated and disposed of, at the discretion of the Director of Public Health, and no animal licenses shall be issued to the irresponsible animal owner for a period of 36 months.

(3) No person designated as an irresponsible animal owner shall sell or otherwise transfer ownership of any animal to another person residing at the same address."

B. "Irresponsible Animal Owner – Designation Removed. Any person designated as an irresponsible animal owner who is not convicted of another violation of this Chapter or Title 6, Chapter 14, of the Fairfield Municipal Code for a period of 36 months shall have the irresponsible animal owner designation removed. Any further violations of this Chapter may result in immediate confiscation and disposal of any animals, at the discretion of the Chief of Police or City Administrator.

6.40.160. Warnings of Violations – Discretionary and Conditional.

Discretion is vested in the Mayor, City Administrator, City Clerk, Chief of Police, the City's designee(s) and other law enforcement officers, in the enforcement of this Chapter and Title 6, Chapter 14, of the Fairfield Municipal Code, where believed initial violation is observed, to resolve such violation by written warning, provided:

A. The owner of the violating animal must acknowledge the warning in writing and agree to promptly remedy the violation warned of. (Such writing shall become part of the licensing documentation/history maintained by the City.)

B. The owner, as a condition of receiving the written warning, must complete an "animal characterization questionnaire" to be made part of the licensing documentation/history maintained by the City. Such questionnaire focused on information assistive of preventive measures related to the specific violating animal and its owner shall include:

(1) Previous Behavior – Aggression.

(2) Nature of Confinement – Is it Secure?

(3) Socialization, or Lack of.

(4) Tethering or Excessive Control.

(5) Spayed or Neutered.

(6) Training – To Be Passive vs. To Be Aggressive, or To Be Specially Skilled.

(7) General Environment from which dog comes (i.e., dogfight background).

(8) Presence of Susceptible Victims (children – aged) in near proximity – neighborhood.

(9) History of Noise, Nuisance Complaints.

(10) History of Running at Large.

(11) Educable Owner/Responsible Owner/Willingness to participate in voluntary resolution.

(12) Temperament – Objectivity Tested (ATTA) (how would dog perform under ATTA Tests of temperament if done by Owner).

C. Owner follow-up on matters to be remedied, with documentation of such remedy turned in to the City (i.e.; proof of vaccination, licensing).

Section 3. Severability.

If any section, provision, or part of this ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the ordinance as a whole or any section, provisions, or part thereof not adjudged invalid or unconstitutional.

Section 4. Effective Date.

This ordinance shall be in effect immediately after its final passage, approval and publication as provided by law.

PASSED by the Council of the City of Fairfield, Iowa, on this 11th day of October, 2004.

The foregoing ordinance was adopted by the City Council of the City of Fairfield, Iowa, at its regular meeting held on the 11th day of October, A.D., 2004, upon a motion by Councilperson Adam and seconded by Councilperson Hamilton.

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Edward Malloy, Mayor