House
File
2086
-
Introduced
HOUSE
FILE
2086
BY
FISHER
A
BILL
FOR
An
Act
relating
to
the
taking
of
nuisance
animals
on
property
1
outside
of
city
limits.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
TLSB
5164YH
(4)
90
lh/js
H.F.
2086
Section
1.
NEW
SECTION
.
481A.38A
Nuisance
animals.
1
1.
Prior
permission
is
not
required
for
an
owner
or
tenant
2
of
a
property
outside
the
limits
of
a
city,
or
an
agent
of
3
the
owner
or
tenant,
to
take,
capture,
kill,
or
temporarily
4
possess,
for
the
purpose
of
destroying
or
disposing
of,
a
5
wild
animal
on
the
curtilage
of
the
property
if
the
owner
6
or
tenant
in
good
faith
deems
the
animal
to
be
a
nuisance.
7
This
section
does
not
apply
to
animals
listed
pursuant
to
the
8
federal
Endangered
Species
Act
or
listed
as
endangered
by
9
the
commission
pursuant
to
section
481B.3.
For
purposes
of
10
this
section,
“curtilage”
means
mowed
areas
of
a
yard
around
11
an
occupied
residence
or
agricultural
outbuildings
in
close
12
proximity
to
the
occupied
residence,
including
areas
fenced
for
13
animal
husbandry
around
agricultural
outbuildings
and
household
14
gardens,
but
excluding
pastures,
fields,
orchards,
and
similar
15
agricultural
open
areas
that
are
not
in
close
proximity
to
an
16
occupied
residence.
17
2.
All
nuisance
animals
and
all
parts
thereof
taken
as
18
provided
in
subsection
1
shall
be
disposed
of
on
the
site
or
19
shall
be
relinquished
to
a
representative
of
the
commission.
20
EXPLANATION
21
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
22
the
explanation’s
substance
by
the
members
of
the
general
assembly.
23
This
bill
relates
to
the
taking
of
nuisance
animals
on
24
property
outside
of
city
limits.
An
owner
or
tenant
of
a
25
property
outside
of
city
limits
may
take,
capture,
kill,
or
26
temporarily
possess
a
wild
animal
on
the
curtilage
of
the
27
property
if
the
owner
or
tenant
in
good
faith
deems
the
wild
28
animal
to
be
a
nuisance.
The
bill
does
not
apply
to
animals
29
listed
in
the
federal
Endangered
Species
Act
or
listed
as
30
an
endangered
species
by
the
natural
resource
commission
31
(commission).
“Curtilage”
is
defined
as
a
mowed
area
around
32
the
occupied
residence
or
agricultural
outbuildings
in
close
33
proximity
to
the
occupied
residence,
including
fenced
animal
34
husbandry
areas
and
household
gardens
near
the
occupied
35
-1-
LSB
5164YH
(4)
90
lh/js
1/
2
H.F.
2086
residence.
Open
areas
such
as
pastures,
fields,
and
orchards
1
not
in
close
proximity
to
the
occupied
residence
are
not
2
considered
curtilage.
3
All
fur-bearing
nuisance
animals
taken
pursuant
to
the
bill
4
shall
be
disposed
of
on
the
property
or
shall
be
relinquished
5
to
a
representative
of
the
commission.
6
-2-
LSB
5164YH
(4)
90
lh/js
2/
2