Senate File 14SENATE FILE BY SCHOENJAHN Passed Senate, Date Passed House, Date Vote: Ayes Nays Vote: Ayes Nays Approved A BILL FOR 1 An Act relating to stray livestock, by providing for civil 2 penalties imposed by ordinance adopted by local authorities, 3 and providing an effective date. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 5 TLSB 1290SS 82 6 da/je/5 PAG LIN 1 1 Section 1. Section 169C.1, Code 2007, is amended by adding 1 2 the following new subsection: 1 3 NEW SUBSECTION. 1A. "Animal unit" means a unit of 1 4 measurement for a single animal based upon a special 1 5 equivalency factor for that animal's species type as provided 1 6 in section 459.102. An animal unit for ostriches, rheas, 1 7 emus, or farm deer is the same as for immature dairy cattle. 1 8 Sec. 2. NEW SECTION. 169C.6 COUNTY ENFORCEMENT == CIVIL 1 9 PENALTIES. 1 10 1. A local authority may adopt an ordinance providing that 1 11 an owner of livestock commits a civil offense for each head of 1 12 the owned livestock that trespasses upon a landowner's land or 1 13 strays from the livestock owner's control onto a public road. 1 14 A county ordinance shall be adopted and enforced as a county 1 15 infraction as provided in section 331.307, and a city 1 16 ordinance shall be adopted and enforced as a municipal 1 17 infraction as provided in section 364.22. 1 18 2. a. The amount of the civil penalty shall not be more 1 19 than the product obtained by multiplying one hundred dollars 1 20 by the livestock's animal unit. 1 21 b. Each day that an offense continues constitutes a 1 22 separate violation. However, a livestock owner shall not be 1 23 subject to a civil penalty of more than seven hundred fifty 1 24 dollars for a single violation or a continuing violation. 1 25 3. A livestock owner does not commit a civil offense, as 1 26 provided in this section, if the livestock escapes from a 1 27 lawful fence which is tight as provided in chapter 359A. A 1 28 fence which is determined lawful and tight by fence viewers 1 29 under chapter 359A is conclusive for this purpose. 1 30 Sec. 3. EFFECTIVE DATE. This Act, being deemed of 1 31 immediate importance, takes effect upon enactment. 1 32 EXPLANATION 1 33 This bill amends Code chapter 169C, enacted in 1997, which 1 34 provides a cause of action to a landowner or a county or city, 1 35 referred to as a local authority, when livestock is 2 1 trespassing, or is taken into custody after straying from its 2 2 owner's control. The Code chapter provides that a landowner 2 3 or local authority may take custody of livestock if the 2 4 livestock trespasses upon the landowner's land or is on a 2 5 public road which adjoins the landowner's land, and may bring 2 6 a civil action against the livestock owner for damages caused 2 7 by the livestock and costs associated with the trespass or 2 8 custody. 2 9 The bill provides that a local authority may adopt an 2 10 ordinance providing that the livestock owner commits a civil 2 11 offense for each head of the livestock that trespasses upon a 2 12 landowner's land or strays from the livestock owner's control 2 13 onto a public road. The offense is classified either as a 2 14 county infraction or a city infraction under current law. The 2 15 bill provides that the civil penalty cannot be more than 2 16 calculated by a formula which multiplies $100 by a special 2 17 factor for that species or type of livestock referred to as 2 18 its "animal unit" under Code chapter 459. For example, for 2 19 slaughter or feeder cattle, the amount is $100 multiplied by 2 20 an animal unit of 1.000 ($100), and for butcher or breeding 2 21 swine the amount is multiplied by an animal unit of 0.400 2 22 ($40). The bill provides that each day that an offense 2 23 continues is a separate violation. However, a livestock owner 2 24 cannot be subject to a civil penalty of more than the ceiling 2 25 amount for county or municipal infraction ($750) for a single 2 26 violation or a continuing violation. 2 27 The bill provides that a livestock owner has not committed 2 28 a civil offense if the livestock escapes from a lawful fence 2 29 which is tight as provided under Iowa's fence law (Code 2 30 chapter 359A). A fence which is determined lawful and tight 2 31 by fence viewers under Code chapter 359A is conclusive for 2 32 purposes of determining whether such a defense prevails. 2 33 The bill takes effect upon enactment. 2 34 LSB 1290SS 82 2 35 da:nh/je/5