Text: HF00571 Text: HF00573 Text: HF00500 - HF00599 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 162.2, Code 2001, is amended by adding 1 2 the following new subsections: 1 3 NEW SUBSECTION. 18. "Wolf" means the same as defined in 1 4 section 717C.1. 1 5 NEW SUBSECTION. 19. "Wolf hybrid" means the same as 1 6 defined in section 717C.1. 1 7 Sec. 2. Section 162.12, Code 2001, is amended to read as 1 8 follows: 1 9 162.12 DENIAL OR REVOCATION OF LICENSE OR REGISTRATION. 1 10 1. A certificate of registration may be denied to any 1 11 person who is operating a pound or animal shelter and a 1 12 license or certificate of registration may be denied to any 1 13 person who is operating a public auction, boarding kennel, 1 14 commercial kennel, research facility, pet shop, commercial 1 15 breeder, or dealer, or an existing certificate or license may 1 16 be revoked by thesecretarydepartment if, after public 1 17 hearing, it is determined thatthe housingany of the 1 18 following apply: 1 19 a. Housing facilities or primary enclosures are inadequate 1 20 under this chapteror if theor rules adopted pursuant to this 1 21 chapter. 1 22 b. Practices relating to the feeding, watering, cleaning, 1 23andor housingpractices at the pound, animal shelter, public1 24auction, pet shop, boarding kennel, commercial kennel,1 25research facility, or those practices by the commercial1 26breeder or dealer,of animals are not in compliance with this 1 27 chapter or with the rules adopted pursuant to this chapter. 1 28 c. The person is in violation of section 162.17 or chapter 1 29 717C. 1 30 2. The premises of each licensee or certificate holder 1 31 shall be open for inspection during normal business hours. 1 32 Sec. 3. Section 162.15, Code 2001, is amended to read as 1 33 follows: 1 34 162.15VIOLATION BY ANIMAL WARDENVIOLATIONS. 1 35 1.ViolationA person who acts in violation of any of the 2 1 following commits a simple misdemeanor: 2 2 a. Any provision of this chapterwhichthat relates to the 2 3seizingseizure, impoundment, and custody of an animal by an 2 4 animal wardenshall constitute a simple misdemeanor and each. 2 5 Each animal handled in violation of the provision shall 2 6 constitute a separate offense. 2 7 b. Section 162.17. Each animal kept in violation of the 2 8 section constitutes a separate offense. 2 9 Sec. 4. NEW SECTION. 162.17 WOLVES AND WOLF HYBRIDS. 2 10 A public auction, commercial kennel, pet shop, breeder, or 2 11 dealer shall not keep a wolf or wolf hybrid on its premises. 2 12 Sec. 5. NEW SECTION. 717C.1 DEFINITIONS. 2 13 As used in this section, unless the context otherwise 2 14 requires: 2 15 1. "Custodian" means a person who keeps or has control 2 16 over a wolf or wolf hybrid on property in which the person has 2 17 a legal interest. 2 18 2. "Dog" means a canine animal classified within the 2 19 family canidae, that is a member of the genus canis belonging 2 20 to the species canis familiaris. 2 21 3. "Local authority" means a city as defined in section 2 22 362.2 or a county as provided in chapter 331. 2 23 4. "Sell" means a transfer or offer for a transfer of 2 24 property for consideration, including a lease, exchange, or 2 25 trade. 2 26 5. "Wolf" means a canine animal classified within the 2 27 family canidae, that is a member of the genus canis belonging 2 28 to the species canis lupes commonly referred to as a grey 2 29 wolf, canis rufus commonly referred to as a red wolf, or canis 2 30 simensis commonly referred to as an Ethiopian wolf. "Wolf" 2 31 includes a canine animal that is the offspring produced by the 2 32 breeding of wolves, regardless of their species. 2 33 6. "Wolf hybrid" means any of the following: 2 34 a. A canine animal that is the offspring produced by 2 35 breeding a dog with a wolf. 3 1 b. A canine animal that is the offspring produced by 3 2 breeding a dog or a wolf with a canine animal, if the canine 3 3 animal being bred is the offspring produced by breeding a dog 3 4 with a wolf. 3 5 Sec. 6. NEW SECTION. 717C.2 WOLVES AND WOLF HYBRIDS – 3 6 PROHIBITIONS. 3 7 A person shall not do any of the following: 3 8 1. Sell a wolf or wolf hybrid. 3 9 2. Breed a wolf with a dog or breed a dog or a wolf with a 3 10 wolf hybrid. 3 11 Sec. 7. NEW SECTION. 717C.3 REGISTRATION REQUIREMENTS. 3 12 A person shall not keep a wolf or wolf hybrid unless the 3 13 wolf or wolf hybrid is registered with the local authority 3 14 having jurisdiction of the location where the wolf or wolf 3 15 hybrid is kept. In order to register the wolf or wolf hybrid, 3 16 the person must be the custodian of the wolf or wolf hybrid 3 17 and comply with all requirements of the local authority as 3 18 adopted by ordinance. The requirements shall at least provide 3 19 for all of the following: 3 20 1. a. An identification of the wolf or wolf hybrid 3 21 according to registration number. The local authority may 3 22 require that the wolf or wolf hybrid be tattooed with a 3 23 registration number or installed with an electronic 3 24 identification device placed onto or beneath the hide of the 3 25 wolf or wolf hybrid. The identification device when installed 3 26 shall store information in an electronic format regarding the 3 27 wolf or wolf hybrid, as provided by the local authority having 3 28 jurisdiction of the location where the wolf or wolf hybrid is 3 29 kept. The electronic identification device must be accessible 3 30 by a computer for purposes of reading or manipulating the 3 31 information. The local authority may also require that the 3 32 person submit a photograph of the wolf or wolf hybrid. 3 33 b. The sterilization of the wolf or wolf hybrid. 3 34 A veterinarian licensed pursuant to chapter 169 must tattoo 3 35 the wolf or wolf hybrid or implant the electronic 4 1 identification device. A local authority shall not register a 4 2 wolf or wolf hybrid unless the custodian registering with the 4 3 local authority confirms that the wolf or wolf hybrid has been 4 4 identified and sterilized by a licensed veterinarian who 4 5 performed the procedure. The confirmation shall be a receipt 4 6 furnished by the office of the attending veterinarian. 4 7 2. Evidence that the wolf or wolf hybrid is kept in a 4 8 secure enclosure maintained by the custodian. 4 9 3. The submission of a registration fee as established by 4 10 the local authority. The amount of the registration fee shall 4 11 not exceed one dollar. The local authority shall keep all 4 12 fees collected under this section. 4 13 Sec. 8. NEW SECTION. 717C.4 SECURITY REQUIREMENTS. 4 14 A custodian of the wolf or wolf hybrid shall keep the wolf 4 15 or wolf hybrid in a secure enclosure according to requirements 4 16 of the local authority having jurisdiction of the location 4 17 where the wolf or wolf hybrid is kept. The requirements may 4 18 provide that the custodian maintain a sign in a conspicuous 4 19 location warning persons of the presence of the wolf or wolf 4 20 hybrid. A wolf of wolf hybrid that is not enclosed must be 4 21 attended by the custodian or a person authorized by the 4 22 custodian. 4 23 Sec. 9. NEW SECTION. 717C.5 CONFISCATION. 4 24 A local authority having jurisdiction of the location where 4 25 the wolf of wolf hybrid is kept may confiscate the wolf or 4 26 wolf hybrid, if the custodian violates the provisions of this 4 27 chapter or the wolf or wolf hybrid presents a danger to public 4 28 safety as provided by ordinance adopted by the local 4 29 authority. The local authority shall dispose of the wolf or 4 30 wolf hybrid according to procedures adopted by ordinance. 4 31 Sec. 10. NEW SECTION. 717C.6 STRICT LIABILITY. 4 32 A custodian of a wolf or wolf hybrid that damages property 4 33 or injures a person shall be liable for damages based upon 4 34 strict liability in tort, regardless of compliance with this 4 35 chapter. 5 1 Sec. 11. NEW SECTION. 717C.7 EXCEPTIONS. 5 2 This chapter does not apply to a federal, state, or local 5 3 governmental entity or a person who sells a wolf or wolf 5 4 hybrid to such a governmental entity. This chapter does not 5 5 apply to a pound or animal shelter as defined in section 162.2 5 6 or a zoo that is owned or licensed by a local authority. 5 7 Sec. 12. NEW SECTION. 717C.8 PENALTIES. 5 8 A person who violates a provision of this chapter is guilty 5 9 of a simple misdemeanor. Each wolf or wolf hybrid kept in 5 10 violation of this chapter constitutes a separate offense. 5 11 EXPLANATION 5 12 This bill regulates wolves and wolf hybrids. The bill 5 13 defines a "wolf hybrid" as a canine animal that is the 5 14 offspring produced by breeding a dog with a wolf, or a canine 5 15 animal that is the offspring produced by breeding a dog or a 5 16 wolf with a canine animal, if the canine animal being bred is 5 17 the offspring produced by breeding a dog with a wolf. 5 18 The bill creates a new Code chapter 717C that prohibits a 5 19 person from keeping a wolf or wolf hybrid unless the wolf or 5 20 wolf hybrid is registered with a county or city (referred to 5 21 as the "local authority") having jurisdiction of the location 5 22 where the wolf or wolf hybrid is kept. In order to register 5 23 the wolf or wolf hybrid, the person must comply with all 5 24 requirements of the local authority. These include providing 5 25 for identification of the wolf or wolf hybrid according to 5 26 registration number, its sterilization, and evidence that it 5 27 is kept in a secure enclosure. The bill authorizes a local 5 28 authority to charge a registration fee. The bill provides 5 29 security requirements, including that it be maintained in a 5 30 secure enclosure or be accompanied by its custodian or person 5 31 authorized by its custodian. The bill provides for the 5 32 confiscation of a wolf or wolf hybrid by the local authority 5 33 if it presents a danger to the public safety. The bill 5 34 provides that the custodian of a wolf or wolf hybrid that 5 35 damages property or injures a person is strictly liable. The 6 1 bill provides certain exceptions that apply to federal, state, 6 2 or local governmental entities, pounds or animal shelters, or 6 3 zoos. 6 4 The bill also amends Code chapter 162, regulating animals 6 5 in commercial establishments by the department of agriculture 6 6 and land stewardship. The bill provides that the department 6 7 may deny or revoke a license or certificate of registration to 6 8 a person regulated under the Code chapter as a public auction, 6 9 boarding kennel, commercial kennel, pet shop, commercial 6 10 breeder, or dealer who keeps a wolf or wolf hybrid. 6 11 The bill provides that a person in violation of the 6 12 prohibitions in either Code chapter is guilty of a simple 6 13 misdemeanor. 6 14 LSB 1313HH 79 6 15 da/gg/8.1
Text: HF00571 Text: HF00573 Text: HF00500 - HF00599 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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