HF 2139 (LSB 6001HH (3) 83)

HOUSE FILE 2139

BY  TYMESON

A BILL FOR

An Act prohibiting setting or maintaining traps within a public road right-of-way without prior permission of the adjacent landowner or tenant and providing a penalty.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 481A.92, subsection 3, Code 2009, is amended by striking the subsection and inserting in lieu thereof the following:
   3.  A person shall not set or maintain any type of snare or trap within any public road right-of-way unless the owner or tenant of the land adjacent to the public right-of-way has given permission.
EXPLANATION
   This bill prohibits the use of any type of snare or trap within any public road right-of-way unless the owner or tenant of the land adjacent to the public road right-of-way has given permission. Currently, a person must obtain the prior permission of the occupant of a residence whose private drive entry is within 200 yards of where a conibear-type trap or snare will be set.
   “Public road right-of-way” means an area of land, the right to possession of which is secured or reserved by the state or a governmental subdivision for roadway purposes. The right-of-way for all secondary roads is 66 feet in width, unless otherwise specified by the county board of supervisors of the respective counties.
   A violation of the new provision is punishable by a scheduled fine of $25.