General Assembly: 82 (2007 Regular GA) - Chapter 195 - Dangerous wild animals — possession, ownership, transportation — penalties


Published: 2007-05-25

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636LAWS OF THE EIGHTY-SECOND G.A., 2007 SESSIONCH. 195

CH. 195CH. 195

CHAPTER 195

DANGEROUS WILD ANIMALS — POSSESSION, OWNERSHIP, TRANSPORTATION — PENALTIES

S.F. 564

ANACT regulatingdangerouswild animals, including their ownershipandpossession, requir- ing registration, providing for fees and appropriations, and providing penalties.

Be It Enacted by the General Assembly of the State of Iowa:

Section 1. NEW SECTION. 717F.1 DEFINITIONS. As used in this chapter, unless the context otherwise requires: 1. “Agricultural animal” means the same as defined in section 717A.1.1

2. “Assistive animal” means the same as defined in section 216C.11. 3. a. “Circus” means a person who is all of the following: (1) The holder of a class “C” license issued by the United States department of agriculture

as provided in 9 C.F.R., pt. 2, subpt. A. (2) Is temporarily in this state as an exhibitor as defined in 9 C.F.R., pt. 1, for purposes of

providing skilled performances by dangerous wild animals, clowns, or acrobats for public en- tertainment. b. “Circus” does not include a person, regardless of whether the person is a holder of a class

“C” license as provided in paragraph “a”, who does any of the following: (1) Keeps adangerouswild animalwhich is amemberof the order carnivorawithin the fam-

ily felidae or the family ursidae, as described in this section. (2) Uses the dangerous wild animal for any of the following purposes: (a) A presentation to children at a public or nonpublic school as defined in section 280.2. (b) Entertainment that involves an activity in which amember of the public is in close prox-

imity to the dangerous wild animal, including but not limited to a contest or a photographic opportunity.2

4. “Custody”means topossess, control, keep, orharbor adangerouswild animal in this state by a public agency. 5. a. “Dangerous wild animal” means any of the following: (1) A member of the family canidae of the order carnivora, including but not limited to

wolves, coyotes, and jackals. However, a dangerous wild animal does not include a domestic dog. (2) A member of the family hyaenidae of the order of carnivora, including but not limited

to hyenas. (3) Amember of the family felidae of the order carnivora, including but not limited to lions,

tigers, cougars, leopards, cheetahs, ocelots, and servals. However, a dangerous wild animal does not include a domestic cat. (4) A member of the family ursidae of the order carnivora, including bears and pandas. (5) A member of the family rhinocero tidae order perissodactyla, which is a rhinoceros. (6) A member of the order proboscidea, which are any species of elephant. (7) Amember of the order of primates other thanhumans, and including the following fami-

lies: callitrichiadae, cebidae, cercopithecidae, cheirogaleidae, daubentoniidae, galagonidae, hominidae, hylobatidae, indridae, lemuridae, loridae,megaladapidae, or tarsiidae. Amember includes but is not limited to marmosets, tamarins, monkeys, lemurs, galagos, bushbabies, great apes, gibbons, lesser apes, indris, sifakas, and tarsiers. (8) Amember of the order crocodilia, includingbut not limited to alligators, caimans, croco-

diles, and gharials. (9) A member of the family varanidae of the order squamata, which are limited to water

monitors and crocodile monitors. (10) A member of the order squamata which is any of the following:

___________________

1 See chapter 215, §118 herein 2 See chapter 215, §119 herein

637 LAWS OF THE EIGHTY-SECOND G.A., 2007 SESSION CH. 195

(a) A member of the family varanidae, which are limited to water monitors and crocodile monitors. (b) Amember of the family atractaspidae, including but not limited tomole vipers and bur-

rowing asps. (c) Amember of the family helodermatidae, including but not limited to beaded lizards and

gila monsters. (d) A member of the family elapidae, voperidae, crotalidae, atractaspidae, or hydrophidae

which are venomous, including but not limited to cobras, mambas, coral snakes, kraits, ad- ders, vipers, rattlesnakes, copperheads, pit vipers, keelbacks, cottonmouths, and sea snakes. (e) Amember of the superfamily henophidia, which are limited to reticulated pythons, ana-

condas, and African rock pythons.3

b. “Dangerouswild animal” includes an animalwhich is the offspring of an animal provided in paragraph “a”, and another animal provided in that paragraph or any other animal. It also includes animals which are the offspring of each subsequent generation. However, a danger- ous wild animal does not include the offspring of a domestic dog and a wolf, or the offspring from each subsequent generation in which at least one parent is a domestic dog. 6. “Department” means the department of agriculture and land stewardship. 7. “Electronic identification device” means a device which when installed is designed to

store information regarding an animal or the animal’s owner in a digital format whichmay be accessed by a computer for purposes of reading or manipulating the information. 8. “Possess” means to own, keep, or control a dangerous wild animal, or supervise or pro-

vide for the care and feeding of a dangerouswild animal, including any activity relating to con- fining, handling, breeding, transporting, or exhibiting the dangerous wild animal. 9. “Public agency” means the same as defined in section 28E.2. 10. “Research facility” means any of the following: a. A federal research facility as provided in 9 C.F.R. ch. I. b. A research facility that is required to be registered by the United States department of

agriculture pursuant to 9 C.F.R. ch. I. c. A research facility which is certified by the department of agriculture and land steward-

ship as provided in section 162.10. 11. “Wildlife sanctuary” means an organization exempt from taxation pursuant to section

501(c) of the Internal Revenue Code that operates a place of refuge where abused, neglected, unwanted, impounded, abandoned, orphaned, or displacedwildlife are provided care for their lifetime, if all of the following apply: a. The organization does not buy, sell, trade, auction, lease, loan, or breed any animal of

which the organization is an owner. b. The organization is accredited by the American sanctuary association, the association of

sanctuaries, or another similar organization recognized by the department.

Sec. 2. NEWSECTION. 717F.2 RULEMAKING—CHAPTER 28E AGREEMENTS—AS- SISTANCE OF ANIMAL WARDEN. 1. The department shall administer this chapter by doing all of the following: a. Adopting rules as provided in chapter 17A for the administration and enforcement of this

chapter. b. Entering into agreements with public agencies pursuant to chapter 28E as the depart-

ment determines necessary for the administration and enforcement of this chapter. 2. An animal warden as defined in section 162.2 shall assist the department in seizing and

maintaining custody of dangerous wild animals.

Sec. 3. NEW SECTION. 717F.3 DANGEROUS WILD ANIMALS — PROHIBITIONS. Except as otherwise provided in this chapter, a person shall not do any of the following: 1. Own or possess a dangerous wild animal. 2. Cause or allow a dangerous wild animal owned by a person or in the person’s possession

to breed. 3. Transport a dangerous wild animal into this state.

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3 See chapter 215, §120 herein

638LAWS OF THE EIGHTY-SECOND G.A., 2007 SESSIONCH. 195

Sec. 4. NEW SECTION. 717F.4 OWNING OR POSSESSING DANGEROUS WILD ANI- MALS ON THE EFFECTIVE DATE OF THIS ACT. A person who owns or possesses a dangerous wild animal on the effective date of this Act

may continue to own or possess the dangerous wild animal subject to all of the following: 1. The person must be eighteen years old or older. 2. a. The person must not have been convicted of an offense involving the abuse or neglect

of an animal pursuant to a lawof this state or another state, includingbut not limited to chapter 717, 717B, 717C, or 717D or an ordinance adopted by a city or county. b. The department, another state, or the federal government must not have suspended an

application for a permit or licenseor revokeda permit or license required tooperate a commer- cial establishment for the care, breeding, or sale of animals, including as provided in chapter 162. c. The personmust not have been convicted of a felony for an offense committed within the

last ten years, as provided by this Code, under the laws of another state, or under federal law. d. The personmust not have been convicted of amisdemeanor or felony for an offense com-

mitted within the last ten years involving a controlled substance as defined in section 124.101 in this state, under the laws of another state, or under federal law. 3. Within sixty days after the effective date of this Act, the person must have an electronic

identification device implanted beneath the skin or hide of the dangerous wild animal, unless a licensed veterinarian states in writing that the implantation would endanger the comfort or health of the dangerous wild animal. In such case, an electronic identification device may be otherwise attached to the dangerous wild animal as required by the department. 4. Not later thanDecember31, 2007, thepersonmust notify thedepartment usinga registra-

tion form prepared by the department. The registration form shall include all of the following information: a. The person’s name, address, and telephone number. b. A sworn affidavit that the person meets the requirements necessary to own or possess a

dangerous wild animal as provided in this section. c. A complete inventoryof eachdangerouswild animalwhich thepersonownsorpossesses.

The inventory shall include all of the following information: (1) The number of the dangerous wild animals according to species. (2) The manufacturer and manufacturer’s number of the electronic device implanted in or

attached to each dangerous wild animal. (3) The location where each dangerous wild animal is kept. The person must notify the de-

partment in writing within ten days of a change of address or location where the dangerous wild animal is kept. (4) The approximate age, sex, color, weight, scars, and any distinguishing marks of each

dangerous wild animal. (5) Thename,businessmailingaddress, andbusiness telephonenumberof the licensedvet-

erinarianwho is responsible for providing care to the dangerouswild animal. The information shall includea statement signedby the licensed veterinarian certifying that thedangerouswild animal is in good health. (6) A color photograph of the dangerous wild animal. (7) A copy of a current liability insurance policy as required in this section. The person shall

send a copy of the current liability policy to the department each year. 5. The person must pay the department a registration fee as provided in section 717F.8. 6. The person must maintain health and ownership records for the dangerous wild animal

for the life of the dangerous wild animal. 7. The person must confine the dangerous wild animal in a primary enclosure as required

by the department on the person’s premises. The person must not allow the dangerous wild animal outside of the primary enclosure unless the dangerous wild animal is moved pursuant to any of the following:

639 LAWS OF THE EIGHTY-SECOND G.A., 2007 SESSION CH. 195

a. To receive veterinary care from a licensed veterinarian. b. To comply with the directions of the department or an animal warden. c. To transfer ownership and possession of the dangerous wild animal to a wildlife sanctu-

ary or provide for its destruction by euthanasia as required by the department. 8. The person must display at least one sign on the person’s premises where the dangerous

wild animal is kept warning the public that the dangerous wild animal is confined there. The sign must include a symbol warning children of the presence of the dangerous wild animal. 9. The person must immediately notify an animal warden or other local law enforcement

official of any escape of a dangerous wild animal. 10. The personmustmaintain liability insurance coverage in an amount of not less than one

hundred thousand dollars with a deductible of not more than two hundred fifty dollars, for each occurrence of property damage, bodily injury, or death caused by each dangerous wild animal kept by the person. 11. The person who owns or possesses the dangerous wild animal is strictly liable for any

damages, injury, or death caused by the dangerous wild animal. The person must reimburse the department or other public agency for actual expenses incurred by capturing and main- taining custody of the dangerous wild animal. 12. If the person is no longer able to care for the dangerous wild animal, all of the following

apply: a. The personmust so notify the department, stating the planned disposition of the danger-

ous wild animal. b. The person must dispose of the dangerous wild animal by transferring ownership and

possession to a wildlife sanctuary or providing for its destruction by euthanasia as required by the department.

Sec. 5. NEW SECTION. 717F.5 SEIZURE, CUSTODY, AND DISPOSAL OF DANGER- OUS WILD ANIMALS. 1. a. Except as provided in paragraph “b”, the department shall seize a dangerous wild ani-

mal which is in the possession of a person if the person is not in compliance with the require- ments of this chapter. b. Upon request, the department may provide that the person retain possession of the dan-

gerous wild animal for not more than fourteen days, upon conditions required by the depart- ment. During that period, the person shall take all necessary actions to complywith this chap- ter. Thedepartment shall inspect thepremiseswhere thedangerouswild animal is keptduring reasonable times to ensure that the person is complying with the conditions. 2. If the person fails to comply with the conditions of the department at any time or is not

in compliance with this chapter following the fourteen-day period, the department shall seize the dangerous wild animal. a. The dangerouswild animal shall be considered to be a threatened animalwhich has been

rescuedasprovided in chapter 717B. Thecourtmayauthorize the return of thedangerouswild animal to the person from whom the dangerous wild animal was seized if the court finds all of the following: (1) The person is capable of providing the care required for the dangerous wild animal. (2) There is a substantial likelihood that the person will provide the care required for the

dangerous wild animal. (3) The dangerous wild animal has not been abused, neglected, or tortured, as provided in

chapter 717B. b. If the court orders a permanent disposition of the dangerous wild animal, the dangerous

wild animal shall be subject to disposition as provided in section 717B.4 and the responsible party shall be assessed costs associated with its seizure, custody, and disposition as provided in that section. The department may find long-term placement for the dangerous wild animal with awildlife sanctuary or institution accredited or certified by the American zoo and aquari- um association.

640LAWS OF THE EIGHTY-SECOND G.A., 2007 SESSIONCH. 195

Sec. 6. NEW SECTION. 717F.6 CAUSE OF THE ESCAPE OF A DANGEROUS WILD ANIMAL — PROHIBITION. A person shall not intentionally cause a dangerous wild animal to escape from its place of

confinement, including as provided in section 717F.4.

Sec. 7. NEW SECTION. 717F.7 EXEMPTIONS. This chapter does not apply to any of the following: 1. An institution accredited or certified by the American zoo and aquarium association. 2. A wildlife sanctuary. 3. A person who4 has been issued a falconry license by the department of natural resources

pursuant to section 483A.1. 4. A person who owns or possesses a dangerous wild animal as an agricultural animal. The

person shall not transfer the dangerous wild animal to another person, unless the person to whom thedangerouswild animal is transferredwill ownor possess it as an agricultural animal or the person is a wildlife sanctuary. 5. Apersonwhoownsor possesses a dangerouswild animal as an assistive animal. Theper-

son shall not transfer the dangerouswild animal to another person, unless the person towhom the dangerous wild animal is transferred will own or possess it as an assistive animal or the person is a wildlife sanctuary. 6. A personwhoharvests the dangerouswild animal as a hunter or trapper pursuant to state

law and as regulated by the department of natural resources. 7. A person who has been issued a wildlife rehabilitation permit by the department of natu-

ral resources pursuant to section 481A.65. 8. A circus that obtains a permit from a city in which it will be temporarily operating, if the

city issues permits. 9. A city. 10. A nonprofit corporation governed under chapter 504 that is an organization described

in section 501(c)(3) of the Internal Revenue Code and that is exempt from taxation under sec- tion 501(a) of the Internal Revenue Code if the nonprofit corporation was a party to a contract executedwitha city prior to the effectivedate of thisAct toprovide for theexhibitionofdanger- ous wild animals at a municipal zoo. The nonprofit corporation shall not transfer the danger- ous wild animal to another person, unless the person to whom the dangerous wild animal is transferred is a wildlife sanctuary. 11. The state fair as provided in chapter 173 or any fair as provided in chapter 174. 12. A research facility. 13. A location operated by a person licensed to practice veterinary medicine pursuant to

chapter 169.5

14. A pound as defined in section 162.2. 15. An animal shelter as defined in section 162.2. 16. A county conservation board as provided in chapter 350. 17. An employee of the department responsible for the administration of this chapter, an

animalwarden as defined in section 162.2, or an animal care provider or law enforcement offi- cer as defined in section 717B.1. 18. Aperson temporarily transportingadangerouswild animal through this state if the tran-

sit time is not more than ninety-six hours and the dangerous wild animal is maintained within a confined area sufficient to prevent its escape or injuring members of the traveling public. 19. A public agency whichmaintains permanent custody of a dangerous wild animal, if the

person to whom the public agency assigns the duty to manage the custody of the dangerous wild animal complies with the provisions of section 717F.4. 20. A personwhokeeps a dangerouswild animal pursuant to all of the following conditions: a. The person is licensed by the United States department of agriculture as provided in 9

C.F.R. ch. I. b. The person is registered by the department of agriculture and land stewardship. Upon

a complaint filed with the department of agriculture and land stewardship, the department

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4 See chapter 215, §121 herein 5 See chapter 215, §122 herein

641 LAWS OF THE EIGHTY-SECOND G.A., 2007 SESSION CH. 195

may inspect the premises or investigate the practices of the registered person and suspend or revoke the registration for the same causes and in the same manner as provided in section 162.12.

Sec. 8. NEW SECTION. 717F.8 DANGEROUS WILD ANIMAL REGISTRATION FEES. Thedepartmentmay charge a registration fee for eachdangerouswild animal ownedor pos-

sessed by a person required to be registered pursuant to section 717F.4. 1. The department shall collect an annual registration fee which is an original registration

fee or a renewal of an original registration fee. The amount of the renewal registration fee is one-half of the amount of the original registration fee. Moneys collected in registration fees shall be deposited in the dangerous wild animal registration fund created in section 717F.9. 2. The amount of the original registration fees shall be as follows: a. Five hundred dollars for amember of the order proboscidea,which are any species of ele-

phant. b. Five hundred dollars for a member of the family rhinocero tidae order perissodactyla,

which is a rhinoceros. c. Three hundred dollars for a member of the family ursidae of the order carnivora, which

is limited to bears. d. For a member of the family felidae of the order carnivora, all of the following: (1) Three hundred dollars for a member of the subfamily pantherinae, limited to leopards

other than snow leopards, lions, and tigers; and for a member of the subfamily felinae limited to pumas, jaguars, and cougars. (2) Two hundred dollars for a member of the subfamily felinae limited to bobcats, clouded

leopards, cheetahs, and lynx. (3) One hundred dollars for a member of the subfamily felinae limited to caracals, desert

cats, Geoffroy’s cats, jungle cats, margays, ocelots, servals, and wild cats. e. For a member of the order of primates other than humans, all of the following: (1) Three hundred dollars for a member commonly referred to as an ape, belonging to the

hylobatidae family such as gibbons and siamangs, or to the pongidae family including gorillas, orangutans, or chimpanzees. (2) One hundred fifty dollars for a member commonly referred to as an old world monkey,

belonging to the family cercopithecidae, including but not limited to macaques, rhesus, man- gabeys, mandrills, guenons, patas monkeys, langurs, and proboscis monkeys. (3) Fifty dollars for a member commonly referred to as a new world monkey belonging to

the family cebidae, including but not limited to cebids, including capuchinmonkeys, howlers, woolly monkeys, squirrel monkeys, night monkeys, titis, uakaris, or to the family callitrichi- dae, including but not limited to marmosets and tamarins. f. Onehundred dollars for amember of the order crocodilia, includingbut not limited to alli-

gators, caimans, crocodiles, and gharials. g. Fifty dollars for amember of the family varanidae of the order squamata, which are limit-

ed to water monitors and crocodile monitors. h. Fifty dollars for a member of the family atractaspidae, including but not limited to mole

vipers and burrowing asps. i. Fifty dollars for a member of the family helodermatidae, including but not limited to

beaded lizards and gila monsters. j. Fifty dollars for a member of the family elapidae, voperidae, crotalidae, atractaspidae, or

hydrophidae which are venomous, including but not limited to cobras, mambas, coral snakes, kraits, adders, vipers, rattlesnakes, copperheads, pit vipers, keelbacks, cottonmouths, and sea snakes. k. One hundred dollars for a member of the superfamily henophidia, which are limited to

reticulated pythons, anacondas, and African rock pythons.6

Sec. 9. NEW SECTION. 717F.9 DANGEROUS WILD ANIMAL REGISTRATION FUND. 1. A dangerous wild animal registration fund is created in the state treasury under the con-

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6 See chapter 215, §123 herein

642LAWS OF THE EIGHTY-SECOND G.A., 2007 SESSIONCH. 195

trol of the department. The fund is composed ofmoneys appropriated by the general assembly and moneys available to and obtained or accepted by the department from the United States or private sources for placement in the fund. The fund shall include moneys deposited into the fund from registration fees collected by the department pursuant to section 717F.8. 2. Moneys in the dangerous wild animal registration fund are appropriated to the depart-

ment exclusively to administer and enforce the provisions of this chapter. The moneys shall not be transferred, used, obligated, appropriated, or otherwise encumbered except as provid- ed in this subsection. 3. Section 8.33 shall not apply to moneys in the dangerous wild animal registration fund.

Notwithstanding section 12C.7, moneys earned as income or interest from the fund shall re- main in the fund until expended as provided in this section.

Sec. 10. NEW SECTION. 717F.10 ENFORCEMENT. The department is the principal agency charged with enforcing the provisions of this chap-

ter. An animal warden as defined in section 162.2, or an animal care provider or law enforce- ment officer as defined in section 717B.1, shall enforce this chapter as directed by the depart- ment.

Sec. 11. NEW SECTION. 717F.11 CIVIL PENALTY. 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 notmore than two thousand dollars for each dangerous wild animal involved in the violation. Each day that a violation continues shall be considered as a separate offense. The civil penalties shall be de- posited into the general fund of the state.

Sec. 12. NEW SECTION. 717F.12 INJUNCTIVE RELIEF. The courts of this state may prevent and restrain violations of this chapter through the issu-

ance of an injunction. The attorney general or a county attorney may institute suits on behalf of the state to prevent and restrain violations of this chapter.

Sec. 13. NEW SECTION. 717F.13 CRIMINAL PENALTIES. A person who intentionally causes a dangerous wild animal to escape in violation of this

chapter is guilty of an aggravated misdemeanor.

Sec. 14. INTENT OF THE GENERAL ASSEMBLY — ELIMINATION OF FULL-TIME EQUIVALENT POSITIONS. It is the intent of the general assembly that any additional full- time equivalent positions authorized to be filled by the department of agriculture and land stewardship relating to the regulation of persons required to register with the department as a condition of owning or possessing a dangerous wild animal pursuant to section 717F.4, as enacted in this Act, be eliminated once the regulation is no longer necessary.

Approved May 25, 2007