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    CHAPTER 351DOGS AND OTHER ANIMALSReferred to in 331.381
    351.1through 351.24 Repealed by 94 Acts, ch 1173, §42.
    351.25Dog as property.
    351.26Right and duty to kill untagged dog.
    351.27Right to kill tagged dog.
    351.28Liability for damages.
    351.29Construction clause.
    351.30through 351.32 Reserved.
    351.33Rabies vaccination.
    351.34Condition for license. Repealed by 94 Acts, ch 1173, §42.
    351.35How and when.
    351.36Enforcement.
    351.37Dogs running at large — impoundment — disposition.
    351.38Owner’s duty.
    351.39Confinement.
    351.40Quarantine.
    351.41Not a limitation on power of municipalities and counties.
    351.42Exempt dogs.
    351.43Penalty.
    351.44Reserved.
    351.45Tampering with a rabies vaccination tag penalties.
    351.46Tampering with an electronic handling device penalties.
    351.1 through 351.24 351.25Dog as property.All dogs under six months of age, and all dogs over said age and wearing a collar with a valid rabies vaccination tag attached to the collar, shall be deemed property. Dogs not provided with a rabies vaccination tag shall not be deemed property.[C24, 27, 31, 35, 39, §5447; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §351.25]1994 Acts, ch 1173, §32Referred to in 351.45351.26Right and duty to kill untagged dog.It shall be lawful for any person, and the duty of all peace officers within their respective jurisdictions unless such jurisdiction shall have otherwise provided for the seizure and impoundment of dogs, to kill any dog for which a rabies vaccination tag is required, when the dog is not wearing a collar with rabies vaccination tag attached.[C24, 27, 31, 35, 39, §5448; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §351.26]1994 Acts, ch 1173, §33Referred to in 351.45351.27Right to kill tagged dog.It shall be lawful for any person to kill a dog, wearing a collar with a rabies vaccination tag attached, when the dog is caught in the act of chasing, maiming, or killing any domestic animal or fowl, or when such dog is attacking or attempting to bite a person.[C73, §1485; C97, §2340; S13, §2340; C24, 27, 31, 35, 39, §5449; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §351.27]1994 Acts, ch 1173, §34; 2007 Acts, ch 111, §1351.28Liability for damages.The owner of a dog shall be liable to an injured party for all damages done by the dog, when the dog is caught in the action of worrying, maiming, or killing a domestic animal, or the dog is attacking or attempting to bite a person, except when the party damaged is doing an unlawful act, directly contributing to the injury. This section does not apply to damage done by a dog affected with hydrophobia unless the owner of the dog had reasonable grounds to know that the dog was afflicted with hydrophobia and by reasonable effort might have prevented the injury.[C73, §1485; C97, §2340; S13, §2340; C24, 27, 31, 35, 39, §5450; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §351.28]1983 Acts, ch 117, §1351.29Construction clause.A holding that one or more sections of this chapter are unconstitutional shall not be held to invalidate the remaining sections.[C24, 27, 31, 35, 39, §5451; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §351.29]2019 Acts, ch 59, §107351.30 through 351.32 351.33Rabies vaccination.Every owner of a dog shall obtain a rabies vaccination for such animal. It shall be unlawful for any person to own or have a dog in the person’s possession, six months of age or over, which has not been vaccinated against rabies. Dogs kept in kennels and not allowed to run at large shall not be subject to these vaccination requirements.[C66, 71, 73, 75, 77, 79, 81, §351.33]Referred to in 351.35, 351.36, 351.42, 351.43351.34Condition for license.Repealed by 94 Acts, ch 1173, §42. 351.35How and when.The rabies vaccination required by section 351.33 shall be an injection of antirabies vaccine approved by the state department of agriculture and land stewardship, and the frequency of revaccination necessary for approved vaccinations shall be as established by such department. The vaccine shall be administered by a licensed veterinarian and shall be given as approved by the state department of agriculture and land stewardship. The veterinarian shall issue a tag with the certificate of vaccination, and such tag shall at all times be attached to the collar of the dog.[C66, 71, 73, 75, 77, 79, 81, §351.35]Referred to in 351.36, 351.42, 351.43, 351.45351.36Enforcement.Local health and law enforcement officials shall enforce the provisions of sections 351.33, 351.35, this section, and sections 351.37 through 351.43 relating to vaccination and impoundment of dogs. Such public officials shall not be responsible for any accident or disease of a dog resulting from the enforcement of the provisions of said sections.[C66, 71, 73, 75, 77, 79, 81, §351.36]2018 Acts, ch 1026, §121Referred to in 351.42, 351.43351.37Dogs running at large — impoundment — disposition.1.  A dog shall be apprehended and impounded by a local board of health or law enforcement official if the dog is running at large and the dog is not wearing a valid rabies vaccination tag or a rabies vaccination certificate is not presented to the local board of health or law enforcement official.2.  The local board of health or law enforcement official shall provide written notice to the owner if the local board of health or law enforcement official can reasonably determine the owner’s name and current address by accessing a tag or other device that is on or a part of the dog. The notice shall be sent within two days after the dog has been impounded. The notice shall provide that if the owner does not redeem the dog within seven days from the date that the notice is delivered, the dog may be humanely destroyed or otherwise disposed of in accordance with law. For purposes of this section, notice is delivered when the local board of health or law enforcement official mails the notice which may be by regular mail. An owner may redeem a dog by having it immediately vaccinated and paying the cost of impoundment.3.  If the owner of the impounded dog fails to redeem the dog within seven days from the date of the delivery of the notice to the dog’s owner as provided in this section, the dog may be disposed of in accordance with law. If the dog is destroyed, it must be destroyed by euthanasia as defined in section 162.2.[C66, 71, 73, 75, 77, 79, 81, §351.37]2002 Acts, ch 1130, §1, 2017 Acts, ch 54, §76Referred to in 351.36, 351.42, 351.43351.38Owner’s duty.It shall be the duty of the owner of any dog, cat or other animal which has bitten or attacked a person or any person having knowledge of such bite or attack to report this act to a local health or law enforcement official. It shall be the duty of physicians and veterinarians to report to the local board of health the existence of any animal known or suspected to be suffering from rabies.[C66, 71, 73, 75, 77, 79, 81, §351.38]Referred to in 351.36, 351.42, 351.43351.39Confinement.If a local board of health receives information that an animal has bitten a person or that a dog or animal is suspected of having rabies, the board shall order the owner to confine such animal in the manner it directs. If the owner fails to confine such animal in the manner directed, the animal shall be apprehended and impounded by such board, and after ten days the board may humanely destroy the animal. If such animal is returned to its owner, the owner shall pay the cost of impoundment. This section shall not apply if a police service dog or a horse used by a law enforcement agency and acting in the performance of its duties has bitten a person.[C66, 71, 73, 75, 77, 79, 81, §351.39]2001 Acts, ch 19, §1; 2001 Acts, ch 176, §68Referred to in 351.36, 351.42, 351.43351.40Quarantine.If a local board of health believes rabies to be epidemic, or believes there is a threat of epidemic, in its jurisdiction, it may declare a quarantine in all or part of the area under its jurisdiction and such declaration shall be reported to the department of health and human services. During the period of quarantine, any person owning or having a dog in the person’s possession in the quarantined area shall keep such animal securely enclosed or on a leash for the duration of the quarantine period.[C66, 71, 73, 75, 77, 79, 81, §351.40]2023 Acts, ch 19, §1110Referred to in 351.36, 351.42, 351.43
    Section amended
    351.41Not a limitation on power of municipalities and counties.This chapter does not limit the power of any city or county to prohibit dogs and other animals from running at large, whether or not they have been vaccinated for rabies, and does not limit the power of any city or county to provide additional measures for the restriction of dogs and other animals for the control of rabies and for other purposes.[C66, 71, 73, 75, 77, 79, 81, S81, §351.41; 1981 Acts, ch 117, §1065]Referred to in 351.36, 351.42, 351.43351.42Exempt dogs.Dogs that are under the control of the owner or handlers and which are in transit, or are to be exhibited shall be exempt from the vaccination provisions of these sections if they are within the state for less than thirty days. Dogs assigned to a research institution or a like facility shall be exempt from the provisions of sections 351.33 and 351.35, sections 351.36 through 351.41, this section, and section 351.43.[C66, 71, 73, 75, 77, 79, 81, §351.42]2018 Acts, ch 1026, §122Referred to in 351.36, 351.43351.43Penalty.Any person who violates or refuses to comply with the provisions of section 351.33 or sections 351.35 through 351.42 is guilty of a simple misdemeanor.[C66, 71, 73, 75, 77, 79, 81, §351.43]2018 Acts, ch 1026, §123, 2022 Acts, ch 1021, §87Referred to in 351.36, 351.42351.44  Reserved.351.45Tampering with a rabies vaccination tag penalties.1.  A person commits the offense of tampering with a rabies vaccination tag if all of the following apply:a.  The person knowingly removes, damages, or destroys a rabies vaccination tag as described in section 351.35.b.  The rabies vaccination tag is attached to a collar worn by a dog, including as provided in sections 351.25 and 351.26.2.a.  For a first conviction, the person is guilty of a simple misdemeanor.b.  For a second or subsequent conviction, the person is guilty of a serious misdemeanor.3.  This section shall not apply to an act taken by any of the following:a.  The owner of the dog, an agent of the owner, or a person authorized to take action by the owner.b.  A peace officer as defined in section 801.4.c.  A veterinarian licensed as provided in chapter 169.d.  An animal shelter or pound as defined in section 162.2.2020 Acts, ch 1111, §1351.46Tampering with an electronic handling device penalties.1.  A person commits the offense of tampering with an electronic handling device if all of the following apply:a.  The person knowingly removes, disables, or destroys an electric device designed and used to maintain custody or control of the dog or modify the dog’s behavior.b.  The electronic device is attached to or worn by the dog or attached to an item worn by the dog, including but not limited to a collar, harness, or vest.2.a.  For a first conviction, the person is guilty of a simple misdemeanor.b.  For a second or subsequent conviction, the person is guilty of a serious misdemeanor.3.  This section shall not apply to an act taken by any of the following:a.  The owner of the dog, an agent of the owner, or a person authorized to take action by the owner.b.  A peace officer as defined in section 801.4.c.  A veterinarian licensed as provided in chapter 169.d.  An animal shelter or pound as defined in section 162.2.2020 Acts, ch 1111, §2