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