Iowa

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IA - Racing - 99D.1 to 99D.28. Pari-Mutuel Wagering

Summary: This act legalizes and only applies to pari-mutuel wagering on dog and horse races in the state of Iowa. The act creates a state racing and gaming commission which has full jurisdiction to investigate applicants, adopt standards, and regulate all horse and dog races governed by the act. Organizations that wish to conduct horse and dog racing must apply to the commission for a license and meet the requirements. Tracks that are licensed to race dogs are required to maintain a racing dog adoption program.

This act legalizes and only applies to pari-mutuel wagering on dog and horse races in the state of Iowa. The act creates a state racing and gaming commission which has full jurisdiction to investigate applicants, adopt standards, and regulate all horse and dog races governed by the act. Organizations that wish to conduct horse and dog racing must apply to the commission for a license and meet the requirements. Tracks that are licensed to race dogs are required to maintain a racing dog adoption program.

In re Marriage of Berger and Ognibene-Berger

Summary: Joe Berger appeals from the provisions of the decree of divorce from Cira Berger, including the court’s grant of Max, the family golden retriever, to Cira. He argues that it would be more equitable to grant him ownership of Max because Cira already owns another dog, Sophie, and the parties’ son, who lives with Joe, is very attached to Max. The district court made their decision based on which party would be more available to care for the dog. This court affirms that decision, citing evidence that Max is licensed to Cira, only Cira’s name is in the dog’s ‘GEO tracker’ device, and Cira got Max medical attention even when Max was in Joe’s care. The court specified that they need not determine a pet's best interests when deciding custody.

Joe Berger appeals from the provisions of the decree of divorce from Cira Berger, including the court’s grant of Max, the family golden retriever, to Cira. He argues that it would be more equitable to grant him ownership of Max because Cira already owns another dog, Sophie, and the parties’ son, who lives with Joe, is very attached to Max. The district court made their decision based on which party would be more available to care for the dog. This court affirms that decision, citing evidence that Max is licensed to Cira, only Cira’s name is in the dog’s ‘GEO tracker’ device, and Cira got Max medical attention even when Max was in Joe’s care. The court specified that they need not determine a pet's best interests when deciding custody.

IA - Hunting - 481A.125A. Remote control or internet hunting--criminal and civil penalties

Summary: This Iowa law prohibits “remote control or internet hunting." This involves the acts of offering such services for sale as well as taking, or assisting in the take of a wild animal kept on a hunting preserve by remote control or internet hunting. A person who violates this section is guilty of a serious misdemeanor. A second or subsequent violation of this section is punishable as a class “D” felony.

This Iowa law prohibits “remote control or internet hunting." This involves the acts of offering such services for sale as well as taking, or assisting in the take of a wild animal kept on a hunting preserve by remote control or internet hunting. A person who violates this section is guilty of a serious misdemeanor. A second or subsequent violation of this section is punishable as a class “D” felony.

IA - Disaster planning - Iowa Emergency Response Plan

Summary: The Iowa Emergency Response Plan contains several specific references to pets and service animals. In fact, "[p]rovisions will be made for the care of pets in nearby locations. Service animals for persons with disabilities are allowed by law to stay in shelter with their owner and are not considered pets." There are requirements under the plan for agency coordination to shelter pets.

The Iowa Emergency Response Plan contains several specific references to pets and service animals. In fact, "[p]rovisions will be made for the care of pets in nearby locations. Service animals for persons with disabilities are allowed by law to stay in shelter with their owner and are not considered pets." There are requirements under the plan for agency coordination to shelter pets.

Shumate v. Drake University

Summary: Plaintiff Shumate was barred from bringing a dog that she was training, into the classroom and to another school event. Shumate worked as a service dog trainer, while she was a student at Drake University Law School, the Defendant in this case. In 2011, Shumate filed a lawsuit alleging that Drake University discriminated against her as a service dog trainer in violation of Iowa Code chapter 216C. She alleged that chapter 216C, implicitly provided service dog trainers with a private right to sue. The Supreme Court of Iowa held that the statute does not provide service dog trainers with a private right to sue, nor did it include them under the coverage of chapter 216. The Court reasoned that although Shumate trained dogs to assist the disabled, she was not covered because she is not a person with a disability. The Court stated that closely related statutes expressly created private enforcement actions to aid the disabled while chapter 216C does not. Because an implied right of action would circumvent the procedures of the Iowa Civil Rights Act, the Iowa legislature purposely omitted a private right to sue from chapter 216C. The court vacated the decision of the court of appeals and affirmed the district court's judgment dismissing Shumate's petition with prejudice.

Plaintiff Shumate was barred from bringing a dog that she was training, into the classroom and to another school event. Shumate worked as a service dog trainer, while she was a student at Drake University Law School, the Defendant in this case. In 2011, Shumate filed a lawsuit alleging that Drake University discriminated against her as a service dog trainer in violation of Iowa Code chapter 216C. She alleged that chapter 216C, implicitly provided service dog trainers with a private right to sue. The Supreme Court of Iowa held that the statute does not provide service dog trainers with a private right to sue, nor did it include them under the coverage of chapter 216. The Court reasoned that although Shumate trained dogs to assist the disabled, she was not covered because she is not a person with a disability. The Court stated that closely related statutes expressly created private enforcement actions to aid the disabled while chapter 216C does not. Because an implied right of action would circumvent the procedures of the Iowa Civil Rights Act, the Iowa legislature purposely omitted a private right to sue from chapter 216C. The court vacated the decision of the court of appeals and affirmed the district court's judgment dismissing Shumate's petition with prejudice.

IA - Veterinary Liens - Chapter 581. Veterinarian's Lien

Summary: This section of Iowa laws relates to veterinary liens related to treatment of livestock. A veterinarian shall have an agricultural lien as provided in section 554.9102 for the actual and reasonable value of treating livestock, including the cost of any product used and the actual and reasonable value of any professional service rendered by the veterinarian. In order to perfect the lien, the veterinarian must file a financing statement in the office of the secretary of state as provided. “Livestock” means an animal belonging to the bovine, caprine, equine, ovine, or porcine species, ostriches, rheas, emus, poultry, or fish or shellfish.

This section of Iowa laws relates to veterinary liens related to treatment of livestock. A veterinarian shall have an agricultural lien as provided in section 554.9102 for the actual and reasonable value of treating livestock, including the cost of any product used and the actual and reasonable value of any professional service rendered by the veterinarian. In order to perfect the lien, the veterinarian must file a financing statement in the office of the secretary of state as provided. “Livestock” means an animal belonging to the bovine, caprine, equine, ovine, or porcine species, ostriches, rheas, emus, poultry, or fish or shellfish.

Detailed Discussion of Iowa Great Ape Laws

Summary: In 2007, Iowa passed the Dangerous Wild Animals Act (DWA) which classifies all Great Apes as “dangerous wild animals” and restricts the purposes for which they may be imported or possessed.The following discussion begins with a general overview of the various state statutes and regulations affecting Great Apes. It then analyzes the applicability of those laws to the possession and use of apes for specific purposes, including their possession as pets, for scientific research, for commercial purposes, and in sanctuaries.

In 2007, Iowa passed the Dangerous Wild Animals Act (DWA) which classifies all Great Apes as “dangerous wild animals” and restricts the purposes for which they may be imported or possessed.The following discussion begins with a general overview of the various state statutes and regulations affecting Great Apes. It then analyzes the applicability of those laws to the possession and use of apes for specific purposes, including their possession as pets, for scientific research, for commercial purposes, and in sanctuaries.

Investigation of Maquoketa's Pit Bull Ban Ordinance and Enforcement

Summary: When a citizen's dog was considered to be a pit bull mix, she was ordered to remove the animal from the city. She filed a complaint to the Iowa Ombudman.The Iowa Ombudsman investigates complaints against Iowa state and local government agencies.The Iowa Ombudsman can investigate agency action and publish a report of findings and make recommendations. This is one of the publications regarding Maquoketa's Pit Bull Ban Ordinance.

When a citizen's dog was considered to be a pit bull mix, she was ordered to remove the animal from the city. She filed a complaint to the Iowa Ombudman.The Iowa Ombudsman investigates complaints against Iowa state and local government agencies.The Iowa Ombudsman can investigate agency action and publish a report of findings and make recommendations. This is one of the publications regarding Maquoketa's Pit Bull Ban Ordinance.

Larsen v. McDonald

Summary: In this case twelve neighbors brought a private nuisance claim against another neighbor for keeping numerous dogs in a residential area. Mr. and Mrs. McDonald rescued unwanted dogs by keeping them on their property; Ms. McDonald provided food and shelter and attempted to place the animals in new adoptive homes. At the time of trial there were 40 dogs on the property. The neighbors had called the police and complained of frequent barking and the smell of urine. The McDonalds argue that they had priority of location over the defendants. When they moved to the neighborhood in 1952 it had been sparsely settled. However, over the years the neighborhood had become residential, and while many of the neighbors also had dogs, none of them exceeded three dogs. Ultimately the court held that for the McDonalds to be operating a shelter or kennel style facility was inconsistent with the character of the neighborhood, and after reviewing the testimony, the evidence in this case was sufficient to show a normal person would find the situation was a nuisance. The court upheld the lower court’s injunction to limit the number of dogs that the McDonalds could keep.

In this case twelve neighbors brought a private nuisance claim against another neighbor for keeping numerous dogs in a residential area. Mr. and Mrs. McDonald rescued unwanted dogs by keeping them on their property; Ms. McDonald provided food and shelter and attempted to place the animals in new adoptive homes. At the time of trial there were 40 dogs on the property. The neighbors had called the police and complained of frequent barking and the smell of urine. The McDonalds argue that they had priority of location over the defendants. When they moved to the neighborhood in 1952 it had been sparsely settled. However, over the years the neighborhood had become residential, and while many of the neighbors also had dogs, none of them exceeded three dogs. Ultimately the court held that for the McDonalds to be operating a shelter or kennel style facility was inconsistent with the character of the neighborhood, and after reviewing the testimony, the evidence in this case was sufficient to show a normal person would find the situation was a nuisance. The court upheld the lower court’s injunction to limit the number of dogs that the McDonalds could keep.
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