CHAPTER 351 DOGS AND OTHER ANIMALS
351.1 THROUGH 351.24
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 THROUGH 351.32
351.33 RABIES VACCINATION.
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.



        

351.1 THROUGH 351.24 Repealed by 94 Acts, ch 1173, §42.

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.

         Section History: Early Form

         [C24, 27, 31, 35, 39, § 5447; C46, 50, 54, 58, 62, 66, 71, 73,
      75, 77, 79, 81, § 351.25] 

         Section History: Recent Form

         94 Acts, 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.

         Section History: Early Form

         [C24, 27, 31, 35, 39, § 5448; C46, 50, 54, 58, 62, 66, 71, 73,
      75, 77, 79, 81, § 351.26] 

         Section History: Recent Form

         94 Acts, 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.

         Section History: Early Form

         [C73, § 1485; C97, § 2340; S13, § 2340; C24, 27, 31, 35, 39, §
      5449; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, § 351.27]
      

         Section History: Recent Form

         94 Acts, ch 1173, §34; 2007 Acts, ch 111, §1
        

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.

         Section History: Early Form

         [C73, § 1485; C97, § 2340; S13, § 2340; C24, 27, 31, 35, 39, §
      5450; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, § 351.28]
      

         Section History: Recent Form

         83 Acts, 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.

         Section History: Early Form

         [C24, 27, 31, 35, 39, § 5451; C46, 50, 54, 58, 62, 66, 71, 73,
      75, 77, 79, 81, § 351.29]
        

351.30 THROUGH 351.32 Repealed by 67 Acts, ch 118, § 9.

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.

         Section History: Early Form

         [C66, 71, 73, 75, 77, 79, 81, § 351.33]
         Referred to in § 351.35, 351.36, 351.42, 351.43
        

351.34 Repealed by 94 Acts, ch 1173, § 42.

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.

         Section History: Early Form

         [C66, 71, 73, 75, 77, 79, 81, § 351.35]
         Referred to in § 351.36, 351.42, 351.43
        

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.

         Section History: Early Form

         [C66, 71, 73, 75, 77, 79, 81, § 351.36]
         Referred to in § 351.42, 351.43
        

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.

         Section History: Early Form

         [C66, 71, 73, 75, 77, 79, 81, § 351.37] 

         Section History: Recent Form

         2002 Acts, ch 1130, §1
         Referred to in § 351.36, 351.42, 351.43
        

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.

         Section History: Early Form

         [C66, 71, 73, 75, 77, 79, 81, § 351.38]
         Referred to in § 351.36, 351.42, 351.43
        

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.

         Section History: Early Form

         [C66, 71, 73, 75, 77, 79, 81, § 351.39] 

         Section History: Recent Form

         2001 Acts, ch 19, §1; 2001 Acts, ch 176, §68
         Referred to in § 351.36, 351.42, 351.43
        

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.

         Section History: Early Form

         [C66, 71, 73, 75, 77, 79, 81, § 351.40]
         Referred to in § 351.36, 351.42, 351.43
        

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.

         Section History: Early Form

         [C66, 71, 73, 75, 77, 79, 81, S81, § 351.41; 81 Acts, ch 117, §
      1065]
         Referred to in § 351.36, 351.42, 351.43
        

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.

         Section History: Early Form

         [C66, 71, 73, 75, 77, 79, 81, § 351.42]
         Referred to in § 351.36, 351.43
        

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.

         Section History: Early Form

         [C66, 71, 73, 75, 77, 79, 81, § 351.43]
         Referred to in § 351.36, 351.42

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