A local authority may provide for the rescue of an animal as follows:
1. The rescue must be made by a law enforcement officer having cause to believe that the animal is a threatened animal after consulting with a veterinarian licensed pursuant to chapter 169. The law enforcement officer may rescue the animal by entering on public or private property, as provided in this subsection. The officer may enter onto property of a person to rescue the animal if the officer obtains a search warrant issued by a court, or enters onto the premises in a manner consistent with the laws of this state and the United States, including Article I, section 8, of the Constitution of the State of Iowa, or the fourth amendment to the Constitution of the United States.
Terms Used In Iowa Code 717B.5
- Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
- Animal: means a nonhuman vertebrate. See Iowa Code 717B.1
- Animal care provider: means a person designated by a local authority to provide care to an animal which is rescued by the local authority pursuant to section 717B. See Iowa Code 717B.1
- Contract: A legal written agreement that becomes binding when signed.
- following: when used by way of reference to a chapter or other part of a statute mean the next preceding or next following chapter or other part. See Iowa Code 4.1
- Law enforcement officer: means a regularly employed member of a police force of a city or county, including a sheriff, who is responsible for the prevention and detection of crime and the enforcement of the criminal laws of this state. See Iowa Code 717B.1
- Local authority: means a city as defined in section 362. See Iowa Code 717B.1
- Maintenance: means to provide on-site or off-site care to neglected animals. See Iowa Code 717B.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
- Responsible party: means a person who owns or maintains an animal. See Iowa Code 717B.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
- Threatened animal: means an animal that is abused as provided in section 717B. See Iowa Code 717B.1
- United States: includes all the states. See Iowa Code 4.1
2. a. If an animal is rescued pursuant to this section, the local authority shall provide for the maintenance of the animal. The local authority may contract with an animal care provider for the maintenance of the animal. The local authority shall provide the responsible party for the animal with notice of the rescue. The notice may be accomplished by doing any of the following:
(1) Delivering written notice to the responsible party’s last known address by the United States postal service or personal service.
(2) Posting a notice in a conspicuous place at the location where the animal was rescued.
b. The notice shall state that the animal has been rescued by the local authority pursuant to this section.
3. Within ten days after the date that an animal is rescued, the local authority shall initiate a dispositional proceeding pursuant to section 717B.4.
4. The local authority shall pay the animal care provider for the animal’s maintenance regardless of proceeds received from the disposition of the animal or any reimbursement ordered by a court, pursuant to section 717B.4.