Iowa Code 717.5 – Disposition of neglected livestock
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Terms Used In Iowa Code 717.5
- clerk: means clerk of the court in which the action or proceeding is brought or is pending; and the words "clerk's office" mean the office of that clerk. See Iowa Code 4.1
- Continuance: Putting off of a hearing ot trial until a later time.
- Lien: A claim against real or personal property in satisfaction of a debt.
- Livestock: includes but is not limited to an animal classified as an ostrich, rhea, or emu. See Iowa Code 4.1
- person: means individual, corporation, limited liability company, government or governmental subdivision or agency, business trust, estate, trust, partnership or association, or any other legal entity. See Iowa Code 4.1
- property: includes personal and real property. See Iowa Code 4.1
717.5 Disposition of neglected livestock.
1. a. A court shall order the disposition of livestock neglected as provided in § 717.2 or livestock in immediate need of sustenance and associated products as provided in sections
717.3 and 717.4 in accordance with this section.
(1) A petition may be filed by a local authority or a person owning or caring for the livestock pursuant to § 717.2.
(2) A petition may be filed by the department. The court shall notify interested persons in the same manner as provided in § 717.3. The petition may be filed separately or with a petition filed pursuant to § 717.3.
b. The matter shall be heard by the court within ten days from the filing of the petition. (1) For livestock alleged to be neglected under § 717.2, the court may continue the
hearing for up to forty days upon petition by the person. However, the person shall post a bond or other security with the local authority in an amount determined by the court, which shall not be more than the amount sufficient to provide for the maintenance of the livestock for forty days. The court may grant a subsequent continuance by the person for the same length of time if the person submits a new bond or security.
(2) For livestock alleged to be in immediate need of sustenance under § 717.3, the court may continue the hearing for up to forty days upon petition by the department. The department may file and the court may grant one or more subsequent continuances each for up to forty days. The department is not required to post a bond or other security.
c. Notwithstanding paragraph “”b””, the court shall order the immediate disposition of livestock if the livestock is permanently distressed by disease or injury to a degree that would result in severe or prolonged suffering.
2. The hearing to determine if livestock has been neglected under § 717.2 for purposes of disposition shall be a civil proceeding. If the case is related to a criminal proceeding under § 717.2, the disposition shall not be part of that proceeding and shall not be considered a criminal penalty imposed on a person found in violation of § 717.2.
3. A court may order a person owning the livestock neglected under § 717.2 or in immediate need of sustenance under § 717.3 to pay an amount associated with expenses associated with the livestock as follows:
a. (1) For livestock neglected under § 717.2, the amount shall not be more than for expenses incurred by the local authority in maintaining and disposing of the neglected livestock rescued pursuant to § 717.2A, and reasonable attorney fees and expenses related to the investigation of the case. The remaining amount of a bond or other security posted pursuant to subsection 1 shall be used to reimburse the local authority.
(2) For livestock in immediate need of sustenance under § 717.3, the amount shall not be more than for expenses incurred by the department in providing sustenance to and disposing of the neglected livestock as provided in § 717.3 and this section. The amount paid to the department shall be sufficient to allow the department to repay the livestock remediation fund as provided in § 459.501.
b. If more than one person has a divisible ownership interest in the livestock, the amount required to be paid shall be prorated based on the percentage of interest in the livestock owned by each person. The moneys shall be paid to the local authority or department incurring the expense as provided in paragraph “”a””. The amount shall be subtracted from proceeds owed to the owner or owners of the livestock, which are received from the sale of the livestock ordered by the court.
c. (1) Moneys owed to the local authority from the sale of neglected livestock that have been rescued by a local authority pursuant to § 717.2A shall be paid to the local authority before satisfying indebtedness secured by any security interest in or lien on the livestock. Moneys owed to the department from the sale of livestock in immediate need of sustenance and associated products shall be paid to the department according to its priority status as a lienholder as provided in § 717.4.
(2) If an owner of the livestock is a landowner, the local authority may submit an amount of the moneys owed to the clerk of the county board of supervisors who shall report the amount to the county treasurer. The amount shall equal the balance remaining after the
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1. a. A court shall order the disposition of livestock neglected as provided in § 717.2 or livestock in immediate need of sustenance and associated products as provided in sections
717.3 and 717.4 in accordance with this section.
(1) A petition may be filed by a local authority or a person owning or caring for the livestock pursuant to § 717.2.
(2) A petition may be filed by the department. The court shall notify interested persons in the same manner as provided in § 717.3. The petition may be filed separately or with a petition filed pursuant to § 717.3.
b. The matter shall be heard by the court within ten days from the filing of the petition. (1) For livestock alleged to be neglected under § 717.2, the court may continue the
hearing for up to forty days upon petition by the person. However, the person shall post a bond or other security with the local authority in an amount determined by the court, which shall not be more than the amount sufficient to provide for the maintenance of the livestock for forty days. The court may grant a subsequent continuance by the person for the same length of time if the person submits a new bond or security.
(2) For livestock alleged to be in immediate need of sustenance under § 717.3, the court may continue the hearing for up to forty days upon petition by the department. The department may file and the court may grant one or more subsequent continuances each for up to forty days. The department is not required to post a bond or other security.
c. Notwithstanding paragraph “”b””, the court shall order the immediate disposition of livestock if the livestock is permanently distressed by disease or injury to a degree that would result in severe or prolonged suffering.
2. The hearing to determine if livestock has been neglected under § 717.2 for purposes of disposition shall be a civil proceeding. If the case is related to a criminal proceeding under § 717.2, the disposition shall not be part of that proceeding and shall not be considered a criminal penalty imposed on a person found in violation of § 717.2.
3. A court may order a person owning the livestock neglected under § 717.2 or in immediate need of sustenance under § 717.3 to pay an amount associated with expenses associated with the livestock as follows:
a. (1) For livestock neglected under § 717.2, the amount shall not be more than for expenses incurred by the local authority in maintaining and disposing of the neglected livestock rescued pursuant to § 717.2A, and reasonable attorney fees and expenses related to the investigation of the case. The remaining amount of a bond or other security posted pursuant to subsection 1 shall be used to reimburse the local authority.
(2) For livestock in immediate need of sustenance under § 717.3, the amount shall not be more than for expenses incurred by the department in providing sustenance to and disposing of the neglected livestock as provided in § 717.3 and this section. The amount paid to the department shall be sufficient to allow the department to repay the livestock remediation fund as provided in § 459.501.
b. If more than one person has a divisible ownership interest in the livestock, the amount required to be paid shall be prorated based on the percentage of interest in the livestock owned by each person. The moneys shall be paid to the local authority or department incurring the expense as provided in paragraph “”a””. The amount shall be subtracted from proceeds owed to the owner or owners of the livestock, which are received from the sale of the livestock ordered by the court.
c. (1) Moneys owed to the local authority from the sale of neglected livestock that have been rescued by a local authority pursuant to § 717.2A shall be paid to the local authority before satisfying indebtedness secured by any security interest in or lien on the livestock. Moneys owed to the department from the sale of livestock in immediate need of sustenance and associated products shall be paid to the department according to its priority status as a lienholder as provided in § 717.4.
(2) If an owner of the livestock is a landowner, the local authority may submit an amount of the moneys owed to the clerk of the county board of supervisors who shall report the amount to the county treasurer. The amount shall equal the balance remaining after the
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sale of the livestock. If the livestock owner owns a percentage of the livestock, the reported amount shall equal the remaining balance owed by all landowners who own a percentage of the livestock. That amount shall be prorated among the landowners based on the percentage of interest in the livestock attributable to each landowner. The amount shall be placed upon the tax books, and collected with interest and penalties after due, in the same manner as other unpaid property taxes. The county shall reimburse a city within thirty days from the collection of the property taxes.
4. Neglected livestock ordered to be destroyed shall be destroyed only by a humane method, including euthanasia as defined in § 162.2.
86 Acts, ch 1121, §4; 94 Acts, ch 1103, §11; 2011 Acts, ch 81, §9; 2012 Acts, ch 1023, §86
Referred to in §602.6405, 717.2A, 717.3, 717.4, 717.4A, 717.6, 717D.5