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Senate File 446

Partial Bill History

Bill Text

PAG LIN
  1  1    Section 1.  NEW SECTION.  351.1  DEFINITIONS.
  1  2    As used in this chapter, unless the context otherwise
  1  3 requires, "dangerous dog" means a dog which is any of the
  1  4 following:
  1  5    1.  Unmuzzled or unleashed.
  1  6    2.  Unattended by its owner, keeper, or a competent and
  1  7 responsible person.
  1  8    Sec. 2.  NEW SECTION.  351.41A  DANGEROUS DOGS.
  1  9    1.  This section applies to the unincorporated area within
  1 10 a county.  This section does not prevent a county from
  1 11 adopting legislation pursuant to section 331.302 which
  1 12 provides more stringent requirements for controlling dogs.
  1 13    2.  A person who owns or keeps a dangerous dog shall not
  1 14 willfully or negligently allow the dangerous dog to run at
  1 15 large without being leashed and accompanied by a competent and
  1 16 responsible attendant.  A local board of health or law
  1 17 enforcement official may immediately seize or destroy the
  1 18 dangerous dog if the dangerous dog has previously attacked a
  1 19 human being.  The local board of health or law enforcement
  1 20 official shall not be liable for damages for seizing or
  1 21 destroying the dangerous dog.
  1 22    3.  A person who owns or keeps a dangerous dog shall not
  1 23 willfully or negligently fail to keep the dangerous dog
  1 24 securely confined within the limits of the person's premises
  1 25 or in a locked enclosure when not under the immediate care and
  1 26 control of a competent and responsible attendant.
  1 27    4.  A dangerous dog that is not accompanied by its owner or
  1 28 keeper when entering onto property of another person shall
  1 29 constitute a private nuisance.  The owner of the property or
  1 30 the person's agent or servant, may seize or destroy the
  1 31 dangerous dog while it is on the property.  The person who
  1 32 seizes or destroys the dog shall not be liable for damages for
  1 33 seizing or destroying the dangerous dog.
  1 34    Sec. 3.  Section 351.43, Code 2003, is amended to read as
  1 35 follows:
  2  1    351.43  PENALTY.
  2  2    Any person refusing to comply with the provisions of
  2  3 sections 351.33 to 351.42 or violating any of their
  2  4 provisions, shall be deemed guilty of commits a simple
  2  5 misdemeanor.  However, a person who violates section 351.41A
  2  6 for a second or subsequent time commits a serious misdemeanor.  
  2  7                           EXPLANATION
  2  8    This bill amends Code chapter 351 which provides for the
  2  9 regulation of dangerous dogs, as enforced by a local board of
  2 10 health or law enforcement official.  The bill defines a
  2 11 dangerous dog as either unmuzzled or unleashed or unattended
  2 12 by its owner, keeper, or a responsible person.  The bill
  2 13 applies to dangerous dogs which are at large in an
  2 14 unincorporated area within a county.
  2 15    The bill provides that a person who owns or keeps a
  2 16 dangerous dog is prohibited from allowing the dog to run at
  2 17 large without being leashed and accompanied by a competent and
  2 18 responsible attendant.  The bill provides that a local board
  2 19 of health or law enforcement official may immediately seize or
  2 20 destroy the dangerous dog if the dog has previously attacked a
  2 21 human being.
  2 22    The bill provides that a person who owns or keeps a
  2 23 dangerous dog is prohibited from failing to keep the dog
  2 24 securely confined within the limits of the person's premises
  2 25 or in a locked enclosure.
  2 26    The bill provides that a dangerous dog that is not
  2 27 accompanied by its owner or keeper when entering onto property
  2 28 of another person constitutes a private nuisance.  The owner
  2 29 of the property or the person's agent or servant may seize or
  2 30 destroy the dog while it is on the property without liability.
  2 31    In general, a person who violates a provision of Code
  2 32 chapter 351 is guilty of a simple misdemeanor.  The bill
  2 33 provides that a person who violates a provision regulating
  2 34 dangerous dogs a second or subsequent time is guilty of a
  2 35 serious misdemeanor.  A simple misdemeanor is punishable by
  3  1 confinement for no more than 30 days or a fine of at least $50
  3  2 but not more than $500 or by both.  A serious misdemeanor is
  3  3 punishable by confinement for no more than one year and a fine
  3  4 of at least $250 but not more than $1,500.  
  3  5 LSB 3407SV 80
  3  6 da/pj/5
     

Text: SF00445                           Text: SF00447
Text: SF00400 - SF00499                 Text: SF Index
Bills and Amendments: General Index     Bill History: General Index

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