HF 2086 (LSB 5164YH (4) 90)

HOUSE FILE 2086

BY  FISHER

A BILL FOR

An Act relating to the taking of nuisance animals on property outside of city limits.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  NEW SECTION.  481A.38A  Nuisance animals.
   1.  Prior permission is not required for an owner or tenant of a property outside the limits of a city, or an agent of the owner or tenant, to take, capture, kill, or temporarily possess, for the purpose of destroying or disposing of, a wild animal on the curtilage of the property if the owner or tenant in good faith deems the animal to be a nuisance. This section does not apply to animals listed pursuant to the federal Endangered Species Act or listed as endangered by the commission pursuant to section 481B.3. For purposes of this section, “curtilage” means mowed areas of a yard around an occupied residence or agricultural outbuildings in close proximity to the occupied residence, including areas fenced for animal husbandry around agricultural outbuildings and household gardens, but excluding pastures, fields, orchards, and similar agricultural open areas that are not in close proximity to an occupied residence.
   2.  All nuisance animals and all parts thereof taken as provided in subsection 1 shall be disposed of on the site or shall be relinquished to a representative of the commission.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill relates to the taking of nuisance animals on property outside of city limits. An owner or tenant of a property outside of city limits may take, capture, kill, or temporarily possess a wild animal on the curtilage of the property if the owner or tenant in good faith deems the wild animal to be a nuisance. The bill does not apply to animals listed in the federal Endangered Species Act or listed as an endangered species by the natural resource commission (commission). “Curtilage” is defined as a mowed area around the occupied residence or agricultural outbuildings in close proximity to the occupied residence, including fenced animal husbandry areas and household gardens near the occupied residence. Open areas such as pastures, fields, and orchards not in close proximity to the occupied residence are not considered curtilage.
   All fur-bearing nuisance animals taken pursuant to the bill shall be disposed of on the property or shall be relinquished to a representative of the commission.