Iowa Code 717D.5 – Confiscation and disposition of animals
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Terms Used In Iowa Code 717D.5
- 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
- state: when applied to the different parts of the United States, includes the District of Columbia and the territories, and the words "United States" may include the said district and territories. See Iowa Code 4.1
717D.5 Confiscation and disposition of animals.
1. A local authority may confiscate an animal that is involved in a violation of section
717D.2. An animal that is livestock shall be considered neglected and may be rescued and
disposed of as provided in § 717.5. An animal which is not livestock shall be considered
threatened and rescued and disposed of as provided in § 717B.4.
2. If an animal that is involved in a violation of § 717D.2 is not rescued and
disposed of pursuant to § 717.5 or 717B.4, it shall be forfeited to the state and subject
to disposition as ordered by the court. In addition, the court shall order the owner of the
animal to pay an amount which shall not be more than the expenses incurred in maintaining
or disposing of the animal. The court may also order that the person pay reasonable attorney
fees and expenses related to the investigation of the case that shall be taxed as other court
costs. If more than one person has a divisible interest in the animal, the amount required to
be paid shall be prorated based on the percentage of interest in the animal owned by each
person. The moneys shall be paid to the local authority incurring the expense. The amount
shall be subtracted from proceeds which are received from the sale of the animal ordered
by the court.
2002 Acts, ch 1130, §9; 2004 Acts, ch 1056, §8, 10
1. A local authority may confiscate an animal that is involved in a violation of section
717D.2. An animal that is livestock shall be considered neglected and may be rescued and
disposed of as provided in § 717.5. An animal which is not livestock shall be considered
threatened and rescued and disposed of as provided in § 717B.4.
2. If an animal that is involved in a violation of § 717D.2 is not rescued and
disposed of pursuant to § 717.5 or 717B.4, it shall be forfeited to the state and subject
to disposition as ordered by the court. In addition, the court shall order the owner of the
animal to pay an amount which shall not be more than the expenses incurred in maintaining
or disposing of the animal. The court may also order that the person pay reasonable attorney
fees and expenses related to the investigation of the case that shall be taxed as other court
costs. If more than one person has a divisible interest in the animal, the amount required to
be paid shall be prorated based on the percentage of interest in the animal owned by each
person. The moneys shall be paid to the local authority incurring the expense. The amount
shall be subtracted from proceeds which are received from the sale of the animal ordered
by the court.
2002 Acts, ch 1130, §9; 2004 Acts, ch 1056, §8, 10