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Senate Study Bill 1195

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:
  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 KILL TAGGED DOG DOGS.
  1 19    It shall be lawful for any A person to kill may 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, or
  1 23 when 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 of commits 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
     

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