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PAG LIN
1 1 Section 1. NEW SECTION. 717C.1 DEFINITIONS
1 2 As used in this chapter:
1 3 1. "Animal" means a nonhuman vertebrate, including but not
1 4 limited to a mammal, bird, fish, reptile, or amphibian, or an
1 5 invertebrate, and including insects and spiders.
1 6 2. "Domestic animal" means an animal whose ancestors were
1 7 bred by humans to live in or about the habitations of humans,
1 8 if such an animal belongs to a family within a species which
1 9 is used to provide food, hides, or fiber, or which provides
1 10 services or companionship to humans.
1 11 3. "Law enforcement officer" means the same as defined in
1 12 section 717.1.
1 13 4. "Local authority" means the same as defined in section
1 14 717.1.
1 15 5. "Owner" means a person in whom is vested the ownership,
1 16 dominion over, or title to an animal, including a person who
1 17 keeps or harbors an animal.
1 18 6. "Serious injury" means a physical injury that is
1 19 evidenced by strangulation, broken bones, envenomization, or
1 20 disfiguring lacerations requiring multiple sutures or cosmetic
1 21 surgery.
1 22 7. "Wild animal" means an animal other than a domestic
1 23 animal.
1 24 8. "Wild dangerous animal" means a wild animal which is
1 25 one of the following:
1 26 a. A cat, other than an animal whose parents both belonged
1 27 to the species felis catus, which is limited to a lion, tiger,
1 28 jaguar, leopard, cougar, lynx, bobcat, or ocelot.
1 29 b. A canine, other than an animal whose parents both
1 30 belonged to the species canis familiris, and includes a wolf,
1 31 coyote, or fox.
1 32 c. An ape or nonhuman primate, which is limited to a
1 33 chimpanzee, baboon, orangutan, or gorilla.
1 34 d. A fur-bearing animal which is a badger, wolverine,
1 35 weasel, or bear.
2 1 e. An alligator or crocodile.
2 2 f. A snake which is venomous.
2 3 g. A snake which is a constrictor if over twelve feet in
2 4 length.
2 5 h. A bat.
2 6 i. An insect which is a scorpion, black widow spider, or
2 7 brown recluse spider.
2 8 j. A gila monster.
2 9 k. A piranha, barracuda, or moray eel.
2 10 Sec. 2. NEW SECTION. 717C.2 PROHIBITION &endash; WILD
2 11 DANGEROUS ANIMALS.
2 12 1. A person shall not be an owner of a wild dangerous
2 13 animal, unless the animal is owned by one of the following:
2 14 a. A zoo or a traveling circus or carnival, which is
2 15 authorized to keep animals by a local authority, the state, or
2 16 the United States.
2 17 b. An institution as defined in section 145B.1 or a
2 18 research facility as defined in section 162.2.
2 19 c. An animal shelter or pound as defined in section 162.2,
2 20 which keeps the wild dangerous animal before transfer to a
2 21 person authorized to own the wild dangerous animal or until
2 22 the animal is destroyed by euthanasia.
2 23 d. A pet shop licensed pursuant to section 162.5.
2 24 e. A person licensed by the United States department of
2 25 agriculture as a dealer.
2 26 f. A veterinarian licensed pursuant to chapter 169, if the
2 27 veterinarian keeps the wild dangerous animal for purposes of
2 28 treatment and care.
2 29 g. A person granted a certificate of registration issued
2 30 by a local authority, if the local authority adopts an
2 31 ordinance providing for registering owners of wild dangerous
2 32 animals and granting such certificates. The ordinance shall
2 33 provide restrictions regarding the manner in which the animal
2 34 must be kept, including compliance with security and care
2 35 standards which may include requiring liability insurance, the
3 1 display of warning signs, minimum enclosure requirements,
3 2 transportation procedures, and notifying the local authority
3 3 if the wild dangerous animal escapes or attacks a human or
3 4 another animal. The local authority may charge a registration
3 5 fee to pay the costs associated with administering this
3 6 paragraph.
3 7 Sec. 3. NEW SECTION. 717C.3 SEIZURE AND IMPOUNDMENT.
3 8 1. A law enforcement officer or an animal warden shall
3 9 seize and impound a wild animal in either of the following
3 10 circumstances:
3 11 a. The wild animal is kept in violation of this chapter or
3 12 an ordinance adopted by a local authority as provided in
3 13 section 717C.2.
3 14 b. The wild animal is running at large, if it is one of
3 15 the following:
3 16 (1) Is a wild dangerous animal.
3 17 (2) Belongs to a species of wild animals that is normally
3 18 able to inflict serious injury or death upon humans.
3 19 (3) Presents a risk of inflicting serious injury or death
3 20 upon humans, regardless of its species.
3 21 (4) Is in violation of an ordinance adopted by a local
3 22 authority.
3 23 2. Under the circumstances of subsection 1, the law
3 24 enforcement officer or animal warden shall seize and impound
3 25 the wild animal, or may, if the officer believes warranted,
3 26 destroy the wild animal. If the wild animal is destroyed, the
3 27 law enforcement officer or animal warden shall use euthanasia
3 28 unless the law enforcement officer or animal warden determines
3 29 that the method is impractical. Notice shall be provided to
3 30 the owner, stating the location of the wild animal. However,
3 31 notice need not precede the seizure, impoundment, or
3 32 destruction, if the law enforcement officer or animal warden
3 33 believes that exigencies require immediate action. However,
3 34 the owner, if known, shall be notified in writing within ten
3 35 days following the wild animal's seizure or destruction.
4 1 3. A law enforcement officer or animal warden may make any
4 2 necessary inquiry to ensure compliance with this chapter. The
4 3 law enforcement officer or animal warden may seize and impound
4 4 a wild animal owned in violation of this chapter, until a
4 5 court determines the disposition of the wild animal as
4 6 provided in section 717C.4.
4 7 Sec. 4. NEW SECTION. 717C.4 DISPOSITION OF SEIZED WILD
4 8 ANIMALS.
4 9 A court shall order the disposition of a wild animal seized
4 10 as provided in section 717C.3 after a hearing upon petition to
4 11 the court by the local authority responsible for the seizure
4 12 or the owner. The wild animal shall be disposed of as
4 13 provided in section 717B.4, and costs of maintaining the wild
4 14 animal shall be paid to the local authority as provided in
4 15 that section.
4 16 Sec. 5. NEW SECTION. 717C.5 PENALTIES.
4 17 1. A person who owns a wild dangerous animal in violation
4 18 of this chapter is guilty of a simple misdemeanor.
4 19 2. A person who owns a wild animal which is running at
4 20 large and subject to seizure and impoundment as provided in
4 21 this chapter is guilty of a simple misdemeanor.
4 22 3. A person who owns a wild animal which attacks a person
4 23 with or without provocation and who causes the person serious
4 24 injury or death is guilty of a serious misdemeanor. However,
4 25 if the wild animal is a wild dangerous animal, the person who
4 26 owns that animal is guilty of an aggravated misdemeanor,
4 27 regardless of whether the attack was provoked or if the
4 28 injured person was trespassing.
4 29 EXPLANATION
4 30 This bill regulates the ownership of wild animals.
4 31 Specifically, the bill prohibits persons from owning a
4 32 dangerous wild animal, limited to a lion, tiger, jaguar,
4 33 leopard, cougar, lynx, bobcat, ocelot, wolf, coyote, fox, ape,
4 34 chimpanzee, orangutan, baboon, gorilla, badger, wolverine,
4 35 weasel, bear, alligator, crocodile, venomous or long
5 1 constricting snake, bat, scorpion, black widow spider, brown
5 2 recluse spider, gila monster, piranha, barracuda, or moray
5 3 eel.
5 4 The bill makes an exception for a zoo, circus, or carnival,
5 5 research institution, animal shelter or pound, pet shop,
5 6 dealer licensed by the United States department of
5 7 agriculture, veterinarian, or a person granted a certificate
5 8 of registration issued by a local authority, if the local
5 9 authority adopts an ordinance providing for registering owners
5 10 of wild dangerous animals and granting such certificates. The
5 11 local authority may charge a registration fee to pay the costs
5 12 associated with registration. The bill provides that a law
5 13 enforcement officer or an animal warden must seize and impound
5 14 a wild animal, if it is kept in violation of the bill's
5 15 provisions or an ordinance adopted by a local authority as
5 16 provided in the bill, or if the wild animal is running at
5 17 large, and poses a risk to the public. The bill provides for
5 18 impounding, or if necessary, destroying the animal. The bill
5 19 provides for the disposition of wild animals kept in violation
5 20 of the chapter by a court, and for reimbursing local
5 21 authorities maintaining the animals. The bill includes
5 22 penalties ranging from a simple to an aggravated misdemeanor.
5 23 LSB 3126SC 76
5 24 da/sc/14
Text: SSB02098 Text: SSB02100 Text: SSB02000 - SSB02099 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
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