Text: SSB01194 Text: SSB01196 Text: SSB01100 - SSB01199 Text: SSB 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: 1 4 1. "Livestock" means the same as defined in section 717.1. 1 5 2. "Vicious dog" means a dog that without provocation has 1 6 killed or seriously injured a person or animal. A dog which 1 7 belongs to a breed commonly known as a pit bull, rottweiler, 1 8 or doberman is a vicious dog. However, a vicious dog is not 1 9 any of the following: 1 10 a. A police service dog as defined in section 717B.9. 1 11 b. A dog that has killed or seriously injured a person or 1 12 animal while that person or animal was committing or 1 13 attempting to commit a criminal offense, including but not 1 14 limited to trespass, on the property of a person who is the 1 15 owner or keeper of the dog. 1 16 Sec. 2. Section 351.27, Code 2003, is amended to read as 1 17 follows: 1 18 351.27 RIGHT TO KILLTAGGED DOGDOGS. 1 19It shall be lawful for anyA personto killmay seize or 1 20 destroy a dog, wearing a collar with a rabies vaccination tag 1 21 attached, when the dog is caught in the act of worrying, 1 22 chasing, maiming, or killing any domestic animal or fowl, or1 23when such dog is attacking or attempting to bite a person. 1 24 A person may seize or destroy a dog which the person 1 25 witnesses pursuing or wounding livestock or attacking a human 1 26 being, regardless of whether the dog is wearing a valid rabies 1 27 vaccination tag. The person who seizes or destroys the dog 1 28 shall not be liable for damages for seizing or destroying the 1 29 dog. 1 30 Sec. 3. NEW SECTION. 351.41A VICIOUS DOGS. 1 31 1. A person who owns or keeps a vicious dog shall not 1 32 willfully or negligently allow the vicious dog to run at large 1 33 without being leashed and accompanied by a competent and 1 34 responsible attendant. A local board of health or law 1 35 enforcement official may immediately seize or destroy the 2 1 vicious dog if the vicious dog has previously attacked a human 2 2 being. The local board of health or law enforcement official 2 3 shall not be liable for damages for seizing or destroying the 2 4 vicious dog. 2 5 2. A person who owns or keeps a vicious dog shall not 2 6 willfully or negligently fail to keep the vicious dog securely 2 7 confined within the limits of the person's premises or in a 2 8 locked enclosure when not under the immediate care and control 2 9 of a competent and responsible attendant. If the person 2 10 provides the vicious dog with veterinary care, transfers the 2 11 vicious dog to another person, or complies with the order of a 2 12 local board of health or law enforcement official, the vicious 2 13 dog must be securely muzzled and retrained with a chain and 2 14 must be under the direct control and supervision of the 2 15 vicious dog's owner or keeper. 2 16 3. A vicious dog that is not accompanied by its owner or 2 17 keeper when entering onto property of another person where 2 18 livestock are confined shall constitute a private nuisance. 2 19 The owner of the property or the person's agent or servant, 2 20 may seize or destroy the vicious dog while it is on the 2 21 property. The person who seizes or destroys the dog shall not 2 22 be liable for damages for seizing or destroying the vicious 2 23 dog. 2 24 Sec. 4. Section 351.43, Code 2003, is amended to read as 2 25 follows: 2 26 351.43 PENALTY. 2 27 Any person refusing to comply with the provisions of 2 28 sections 351.33 to 351.42 or violating any of their 2 29 provisions,shall be deemed guilty ofcommits a simple 2 30 misdemeanor. However, a person who violates section 351.41A 2 31 for a second or subsequent time commits a serious misdemeanor. 2 32 EXPLANATION 2 33 This bill amends Code chapter 351 which provides for the 2 34 regulation of dogs, including vicious dogs, as enforced by a 2 35 local board of health or law enforcement official. 3 1 The bill amends Code section 351.27 which provides that 3 2 persons have a right to kill dogs which are caught bothering 3 3 or injuring domestic animals. The bill provides that a person 3 4 may seize or destroy a dog which the person witnesses pursuing 3 5 or wounding livestock or attacking a human being. The bill 3 6 provides that the person is not liable for damages for seizing 3 7 or destroying the dog. 3 8 The bill also places restrictions upon vicious dogs. The 3 9 bill defines a vicious dog to mean a dog that acts without 3 10 provocation to kill or seriously injure a person or animal. 3 11 The bill provides that a dog which belongs to certain breeds 3 12 are deemed to be vicious. The bill provides that a police 3 13 service dog or a dog which acts to prevent a criminal offense 3 14 is not a vicious dog. 3 15 The bill provides that a person who owns or keeps a vicious 3 16 dog is prohibited from allowing the vicious dog to run at 3 17 large without being leashed and accompanied by a competent and 3 18 responsible attendant. The dog must be accompanied by the 3 19 owner or keeper when visiting a veterinarian, being 3 20 transferred, or complying with an order of a local board of 3 21 health or law enforcement officer. The bill provides that a 3 22 local board of health or law enforcement official may 3 23 immediately seize or destroy the vicious dog if the vicious 3 24 dog has previously attacked a human being. 3 25 The bill provides that a person who owns or keeps a vicious 3 26 dog is prohibited from failing to keep the vicious dog 3 27 securely confined within the limits of the person's premises 3 28 or in a locked enclosure. 3 29 The bill provides that a vicious dog that is not 3 30 accompanied by its owner or keeper when entering onto property 3 31 of another person where livestock are confined shall 3 32 constitute a private nuisance. The owner of the property or 3 33 the person's agent or servant may seize or destroy the vicious 3 34 dog while it is on the property without liability. 3 35 In general, a person who violates provisions of Code 4 1 chapter 351 is guilty of a simple misdemeanor. The bill 4 2 provides that a person who violates provisions regulating 4 3 vicious dogs a second or subsequent time is guilty of a 4 4 serious misdemeanor. A simple misdemeanor is punishable by 4 5 confinement for no more than 30 days or a fine of at least $50 4 6 but not more than $500 or by both. A serious misdemeanor is 4 7 punishable by confinement for no more than one year and a fine 4 8 of at least $250 but not more than $1,500. 4 9 LSB 3407XC 80 4 10 da/pj/5
Text: SSB01194 Text: SSB01196 Text: SSB01100 - SSB01199 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
© 2003 Cornell College and League of Women Voters of Iowa
Comments about this site or page?
webmaster@legis.iowa.gov.
Please remember that the person listed above does not vote on bills. Direct all comments concerning legislation to State Legislators.
Last update: Wed Apr 9 02:30:34 CDT 2003
URL: /DOCS/GA/80GA/Legislation/SSB/01100/SSB01195/030408.html
jhf