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Iowa

Iowa Code Annotated . Title IX. Local Government. Subtitle 1. Counties. Chapter 351. Dogs and Other Animals.

Statute Details
Printable Version
Citation: IA ST 351.1 - .43

Citation: I. C. A. 351.1 - .43


Last Checked by Web Center Staff: 12/2013

Summary:   These Iowa statutes comprise the state's dog laws.  With regard to damage done by dogs and dog bites, 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.  Further, the law states that 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.  The section also contains general rabies vaccination provisions and a prohibition on dogs running at large (results in impoundment).


Statute in Full:

[note repealed statutes (351.1 - 24) appearing at beginning of section in state code put at end for convenience]

351.25. Dog as property

351.26. Right and duty to kill untagged dog

351.27. Right to kill tagged dog

351.28. Liability for damages

351.29. Construction clause

351.30 to 351.32. Repealed by Acts 1967 (62 G.A.) ch. 118, § 9, eff. July 1, 1967

351.33. Rabies vaccination

351.34. Repealed by Acts 1994 (75 G.A.) ch. 1173, § 42, subsec. 2

351.35. How and when

351.36. Enforcement

351.37. Dogs running at large--impoundment--disposition

351.38. Owner's duty

351.39. Confinement

351.40. Quarantine

351.41. Not a limitation on power of municipalities and counties

351.42. Exempt dogs

351.43. Penalty

 

 

351.25. Dog 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.

CREDIT(S)

Amended by Acts 1970 (63 G.A.) ch. 1174, § 2, eff. March 21, 1970; Acts 1994 (75 G.A.) ch. 1173, § 32.

 

351.26. Right 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.

CREDIT(S)

Amended by Acts 1961 (59 G.A.) ch. 193, § 9; Acts 1994 (75 G.A.) ch. 1173, § 33.

 

351.27. Right 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.
CREDIT(S)

Amended by Acts 1994 (75 G.A.) ch. 1173, § 34; Acts 2007 (82 G.A.) ch. 111, S.F. 406, § 1.

HISTORICAL AND STATUTORY NOTES

2007 Electronic Update

2007 Legislation

Acts 2007 (82 G.A.) ch. 111, S.F. 406, § 1, deleted "worrying," following "caught in the act of".


 

351.28. Liability 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.

CREDIT(S)
Amended by Acts 1983 (70 G.A.) ch. 117, § 1.

 

351.29. Construction clause

A holding that one or more sections hereof are unconstitutional shall not be held to invalidate the remaining sections.

Derivation:
Codes 1939, 1935, 1931, 1927, 1924, § 5451.
Acts 1923-24 Ex.Sess. (40 G.A.) H.F. 71, § 84.
Acts 1921 (39 G.A.) ch. 140, § 14.

 

351.30 to 351.32. Repealed by Acts 1967 (62 G.A.) ch. 118, § 9, eff. July 1, 1967

 

351.33. Rabies 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.

CREDIT(S)
Added by Acts 1965 (61 G.A.) ch. 311, § 1. Amended by Acts 1970 (63 G.A.) ch. 1174, § 3, eff. March 21, 1970.

 

351.34. Repealed by Acts 1994 (75 G.A.) ch. 1173, § 42, subsec. 2

 

351.35. How 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.

CREDIT(S)
Added by Acts 1965 (61 G.A.) ch. 311, § 1.

 

351.36. Enforcement

Local health and law enforcement officials shall enforce the provisions of sections 351.33 to 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.

CREDIT(S)
Added by Acts 1965 (61 G.A.) ch. 311, § 1. Amended by Acts 1967 (62 G.A.) ch. 163, § 38, eff. Aug. 15, 1967.

 

351.37. Dogs running at large--impoundment--disposition

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.

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.

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.

CREDIT(S)

Added by Acts 1965 (61 G.A.) ch. 311, § 1. Amended by Acts 2002 (79 G.A.) ch. 1130, § 1.

 

351.38. Owner'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.

CREDIT(S)
Added by Acts 1965 (61 G.A.) ch. 311, § 1. Amended by Acts 1967 (62 G.A.) ch. 163, § 39, eff. Aug. 15, 1967.

 

351.39. Confinement

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.

CREDIT(S)

Added by Acts 1965 (61 G.A.) ch. 311, § 1. Amended by Acts 1967 (62 G.A.) ch. 163, § 40, eff. Aug. 15, 1967; Acts 2001 (79 G.A.) ch. 19, § 1; Acts 2001 (79 G.A.) ch. 176, § 68.

 

351.40. Quarantine

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 Iowa department of public health. 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.

CREDIT(S)
Added by Acts 1965 (61 G.A.) ch. 311, § 1. Amended by Acts 1976 (66 G.A.) ch. 163, § 41, eff. Aug. 15, 1967.

 

351.41. Not 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.

CREDIT(S)
Added by Acts 1965 (61 G.A.) ch. 311, § 1; Acts 1974 (65 G.A.) ch. 1087, § 32. Amended by Acts 1981 (69 G.A.) ch. 117, § 1065.

 

351.42. Exempt 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 to 351.43.

CREDIT(S)
Added by Acts 1965 (61 G.A.) ch. 311, § 1.

 

351.43. Penalty

Any person refusing to comply with the provisions of sections 351.33 to 351.42 or violating any of their provisions, shall be deemed guilty of a simple misdemeanor.

CREDIT(S)
Added by Acts 1965 (61 G.A.) ch. 311, § 1. Amended by Acts 1976 (66 G.A.) ch. 1245 (ch. 4), § 324, eff. Jan. 1, 1978.

 

Repealed Sections:

351.1 to 351.14. Repealed by Acts 1994 (75 G.A.) ch. 1173, § 42, subsec. 2

351.15, 351.16. Repealed by Acts 1988 (72 G.A.) ch. 1134, § 116

351.17. Repealed by Acts 1994 (75 G.A.) ch. 1173, § 42, subsec. 2

351.18. Repealed by Acts 1979 (68 G.A.) ch. 68, § 19

351.19. Repealed by Acts 1977 (67 G.A.) ch. 73, § 4

351.20. Repealed by Acts 1994 (75 G.A.) ch. 1173, § 42, subsec. 2

351.21. Repealed by Acts 1947 (52 G.A.) ch. 240, § 50

351.22 to 351.24. Repealed by Acts 1994 (75 G.A.) ch. 1173, § 42, subsec. 2

 



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