Iowa

Summary: When a citizen's dog was considered to be a pit bull mix, she was ordered to remove the animal from the city. She filed a complaint to the Iowa Ombudman.The Iowa Ombudsman investigates complaints against Iowa state and local government agencies.The Iowa Ombudsman can investigate agency action and publish a report of findings and make recommendations. This is one of the publications regarding Maquoketa's Pit Bull Ban Ordinance.

Summary: In this case twelve neighbors brought a private nuisance claim against another neighbor for keeping numerous dogs in a residential area. Mr. and Mrs. McDonald rescued unwanted dogs by keeping them on their property; Ms. McDonald provided food and shelter and attempted to place the animals in new adoptive homes. At the time of trial there were 40 dogs on the property. The neighbors had called the police and complained of frequent barking and the smell of urine. The McDonalds argue that they had priority of location over the defendants. When they moved to the neighborhood in 1952 it had been sparsely settled. However, over the years the neighborhood had become residential, and while many of the neighbors also had dogs, none of them exceeded three dogs. Ultimately the court held that for the McDonalds to be operating a shelter or kennel style facility was inconsistent with the character of the neighborhood, and after reviewing the testimony, the evidence in this case was sufficient to show a normal person would find the situation was a nuisance. The court upheld the lower court’s injunction to limit the number of dogs that the McDonalds could keep.

Summary: Iowa now allows the court to grant petitioners exclusive care, possession, or control of any pets or companion animals in both temporary and permanent orders. The animals can belong to the petitioner, the abuser, or a minor child of the petitioner or the abuser. The court can also order the abuser to stay away from the animals and not take, hide, bother, attack, threaten, or otherwise get rid of the pet or companion animal.

Summary: This Iowa set of laws concerns the keeping of dangerous wild animals. Except as otherwise provided in this chapter, a person shall not own or possess a dangerous wild animal or cause or allow a dangerous wild animal owned by a person or in the person's possession to breed. Further, a person shall not transport a dangerous wild animal into this state. There is a grandfather provision that allows a person who owns or possesses a dangerous wild animal on July 1, 2007 to continue to own or possess the dangerous wild animal subject the provisions of the laws. A person owning or possessing a dangerous wild animal who violates a provision of this chapter is subject to a civil penalty of not less than two hundred dollars and not more than two thousand dollars for each dangerous wild animal involved in the violation.

Summary: Under Title XVI of Iowa's criminal code, there are several chapters that outlaw forms of animal cruelty and animal fighting. The main animal cruelty provisions are contained in chapter 717B (Injuries to Animals other than Livestock). This chapter defines "animal" as any nonhuman vertebrate. However, it excludes livestock, game, fur-bearing animal, fish, reptile, or amphibian unless a person owns, confines, or controls the game, fur-bearing animal, fish, reptile, or amphibian, and any nongame considered a "nuisance." There are separate prohibitions against animal abuse, animal neglect, animal torture, abandonment of a cat or dog, and injury to a police service dog. Under both the animal abuse and animal torture sections, a first offense results in an aggravated misdemeanor. However, animal torture requires a mandatory psychological evaluation and graduates subsequent convictions to felony status. Exclusions under the various sections include veterinary care, hunting, animal husbandry, and scientific research, among others. Other criminal chapters include chapters 717C.1 (Bestiality), 717D (Animal Contest Events), and 717E (Pets as Prizes).

Summary: This set of Iowa laws relates to interference with animal facility operations as well as crop operations (commonly known as "ecoterrorism"). Under the section, it is unlawful for a person, without consent, to destroy property of an animal facility or kill or injure an animal maintained there. It is also unlawful for a person to enter such a facility if the person has notice that it is not open to the public with intent to disrupt operations there. A person suffering damages from such actions at an animal facility can bring an action to recover damages, which includes an amount equaling three times all actual and consequential damages. Iowa has a specific section that makes it a class B felony to use pathogens with an intent to threaten the health of an animal or crop.

Summary: Livestock were excluded from the definition of animal in Iowa's animal cruelty laws in 1994. These sections deal exclusively with livestock and exempt practices consistent with customary farming practices.

Summary: This Iowa statute provides that a domesticated animal professional, sponsor, or exhibitor is not liable for the damages, injury, or death suffered by a participant or spectator resulting from the inherent risks of a domesticated animal activity. However, this section shall not apply to the extent that the claim for damages, injury, or death is caused by an act committed intentionally, recklessly, or while under the influence of an alcoholic beverage or other drug, the knowing use of faulty equipment or tack, the failure to notify a participant of a known dangerous latent condition on real property in which the defendant holds an interest, a domesticated animal activity which occurs in a place designated as a place for persons who are not participants to be present, or a domesticated animal activity which causes damages, injury, or death to a spectator who is in a place where a reasonable person would not expect a domesticated animal activity to occur. Not only does the statute require the displaying of warning signs alerting participants to the limitation of liability of the equine operators, but in cases where a written contract is executed, special provisions must be present on the contract.

Summary: This section comprises Iowa's Lost Property Act. The lost property provisions and procedures cover "any lost goods, money, bank notes, or other things of any description whatever, of the value of five dollars and over."

Summary: A person cannot use colony traps for fur-bearing animals except for muskrats. Traps must be labeled with the user's name and address, and must be checked at least once every twenty-four hours, unless completely submerged under water. A person cannot use instruments such as chemicals or explosives to remove fur-bearing animals from their dens.