Iowa Code 172A.10 – Injunctions — criminal penalties
Current as of: 2023 | Check for updates
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1. If any person who is required by this chapter to be licensed fails to obtain the required license, or if any person who is required by this chapter to maintain proof of financial responsibility fails to obtain or maintain such proof, or if any licensee fails to discontinue engaging in licensed activities when that person’s license has been suspended, such failure shall be deemed a nuisance and the secretary may bring an action on behalf of the state to enjoin such nuisance. Such actions may be heard on not less than five days’ notice to the person whose activities are sought to be enjoined. The failure to obtain a license when required, or the failure to obtain or maintain proof of financial responsibility shall constitute a violation of this chapter.
Attorney's Note
Under the Iowa Code, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Serious misdemeanor | up to 1 year | between $430 and $2,560 |
Terms Used In Iowa Code 172A.10
- Licensee: means a licensed grain dealer or licensed warehouse operator. See Iowa Code 203D.1
- Nuisance: means and includes public or private nuisance as defined either by statute or by the common law. See Iowa Code 172D.1
- Person: means an individual, partnership, association or corporation, or any other business unit. See Iowa Code 172A.1
- Secretary: means the secretary of agriculture. See Iowa Code 172A.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
2. Any person convicted of violating any provision of this chapter shall be guilty of a serious misdemeanor.