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