717.2A Rescue of neglected livestock. 1. a. A law enforcement officer may rescue livestock neglected as provided in section 717.2 on public or private property, as provided in this subsection. b. The officer may enter onto property of a person to rescue neglected livestock if the officer obtains a search warrant issued by a court, or enters onto the premises in a mannerconsistent 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 theUnited States. c. Livestock neglected as provided in section 717.2 may be rescued pursuant to the following conditions: (1) If a criminal proceeding has not been commenced against the person owning or caring for the livestock, the following shall apply: (a) The local authority shall receive a written statement from a veterinarian licensed pursuant to chapter 169, providing that, in the veterinarian’s opinion, the livestock isneglected. (b) The local authority shall provide written notice to the person owning or caring for the livestock by delivery at the last known address of the person. narian’s opinion, the livestock isneglected. (b) The local authority shall provide written notice to the person owning or caring for the livestock by delivery at the last known address of the person. The local authority shall deliverthe notice by certified mail or make a good faith effort to personally deliver the notice to theperson owning or caring for the livestock. The notice shall include all of the following: (i) The name and address of the local authority.(ii) A description of the livestock subject to rescue.(iii) A statement informing the person that the livestock may be rescued pursuant to this chapter within one day following receipt of the notice by the person. The statementmust specify a date, time, and a location for delivery of the response designated by the localauthority, as provided in this subsection. (iv) A statement informing the person that in order to avoid rescue of the livestock, the person must respond to the notice in writing signed by a veterinarian licensed pursuant tochapter 169. The veterinarian must state that, in the opinion of the veterinarian, the livestockis not neglected, or the person is taking immediate measures required to rehabilitate censed pursuant tochapter 169. The veterinarian must state that, in the opinion of the veterinarian, the livestockis not neglected, or the person is taking immediate measures required to rehabilitate thelivestock. (c) A law enforcement officer may rescue the livestock, if the local authority fails to receive a written response by the person owning or caring for the livestock by the end of normal officehours of the next day that the local authority is available to receive the response at the officesof the local authority. However, if the local authority is not available to receive a responseat its offices, the local authority may designate another location in the county to receive theresponse. (2) If a criminal proceeding has been commenced against the person owning or caring for the livestock, the local authority must receive a written statement from a veterinarianlicensed pursuant to chapter 169, providing that, in the veterinarian’s opinion, the livestockis neglected. (3) Regardless of whether a criminal proceeding has commenced, the local authority may immediately rescue livestock without providing notice as otherwise required in thissection. vestockis neglected. (3) Regardless of whether a criminal proceeding has commenced, the local authority may immediately rescue livestock without providing notice as otherwise required in thissection. However, the local authority must receive a written statement from a veterinarianlicensed pursuant to chapter 169, providing that in the veterinarian’s opinion, the livestockis neglected. In order to rescue the livestock, the local authority must determine that thelivestock has been abandoned or that no person is able or willing to care for the livestock,and the livestock is permanently distressed by disease or injury to a degree that would resultin severe and prolonged suffering. 2. If livestock is rescued pursuant to this section, the local authority shall post a notice in a conspicuous place at the location where the livestock was rescued. The notice shall statethat the livestock has been rescued by the local authority pursuant to this section. The localauthority shall provide for the maintenance of the neglected livestock. The local authoritymay contract with a livestock care provider for the maintenance of the neglected livestock.The local authority shall pay the livestock care maintenance of the neglected livestock. The local authoritymay contract with a livestock care provider for the maintenance of the neglected livestock.The local authority shall pay the livestock care provider for the livestock’s maintenance Sat Dec 23 12:30:34 2023 Iowa Code 2024, Section 717.2A (20, 0) §717.2A, INJURY TO LIVESTOCK 2 regardless of proceeds received from the sale of the livestock or any reimbursement orderedby a court, pursuant to section 717.5. 3. The livestock shall be subject to disposition pursuant to section 717.5.94 Acts, ch 1103, §10Referred to in §670.4, 717.1, 717.5 Sat Dec 23 12:30:34 2023 Iowa Code 2024, Section 717.2A (20, 0)
Iowa Legal Code