§ 717.5 — Disposition of neglected livestock

Iowa § 717.5

• Jurisdiction: Iowa
• Title XVI: CRIMINAL LAW AND PROCEDURE
• Ch. 717: INJURY TO LIVESTOCK

Text

1. a. A court shall order the disposition of livestock neglected as provided in section 717.2
or livestock in immediate need of sustenance and associated products as provided in sections
717.3 and 717.4 in accordance with this section.
(1) A petition may be filed by a local authority or a person owning or caring for the
livestock pursuant to section 717.2.
(2) A petition may be filed by the department. The court shall notify interested persons in

the same manner as provided in section 717.3. The petition may be filed separately or with a
petition filed pursuant to section 717.3.
b. The matter shall be heard by the court within ten days from the filing of the petition.
(1) For livestock alleged to be neglected under section 717.2, the court may continue the
hearing for up to forty days upon petition by the person. However, the person shall post a
bond or other security with the local authority in an amount determined by the court, which
shall not be more than the amount sufficient to provide for the maintenance of the livestock
for forty days. The court may grant a subsequent continuance by the person for the same
length of time if the person submits a new bond or security.
(2) For livestock alleged to be in immediate need of sustenance under section 717.3, the
court may continue the hearing for up to forty days upon petition by the department. The
department may file and the court may grant one or more subsequent continuances each for
up to forty days. The department is not required to post a bond or other security.
c. Notwithstanding paragraph “b”, the court shall order the immediate disposition of
livestock if the livestock is permanently distressed by disease or injury to a degree that
would result in severe or prolonged suffering.
d. If the court orders the disposition of the livestock that involves the livestock’s sale or
transfer, the order shall be deemed as occurring by a receiver appointed pursuant to section
680.4.
2. The hearing to determine if livestock has been neglected under section 717.2 for
purposes of disposition shall be a civil proceeding. If the case is related to a criminal
proceeding under section 717.2, the disposition shall not be part of that proceeding and shall
not be considered a criminal penalty imposed on a person found in violation of section 717.2.
3. A court may order a person owning the livestock neglected under section 717.2 or in
immediateneedofsustenanceundersection717.3topayanamountassociatedwithexpenses
associated with the livestock as follows:
a. (1) For livestock neglected under section 717.2, the amount shall not be more than
for expenses incurred by the local authority in maintaining and disposing of the neglected
livestock rescued pursuant to section 717.2A, and reasonable attorney fees and expenses
related to the investigation of the case. The remaining amount of a bond or other security
posted pursuant to subsection 1 shall be used to reimburse the local authority.
(2) For livestock in immediate need of sustenance under section 717.3, the amount shall
not be more than for expenses incurred by the department in providing sustenance to and
disposingoftheneglectedlivestockasprovidedinsection717.3andthissection. Theamount
paid to the department shall be sufficient to allow the department to repay the livestock
remediation fund as provided in section 459.501.
b. If more than one person has a divisible ownership interest in the livestock, the amount
required to be paid shall be prorated based on the percentage of interest in the livestock
owned by each person. The moneys shall be paid to the local authority or department
incurring the expense as provided in paragraph “a”. The amount shall be subtracted from
proceeds owed to the owner or owners of the livestock, which are received from the sale of
the livestock ordered by the court.
c. (1) Moneys owed to the local authority from the sale of neglected livestock that have
beenrescuedbyalocalauthoritypursuanttosection717.2Ashallbepaidtothelocalauthority
before satisfying indebtedness secured by any security interest in or lien on the livestock.
Moneys owed to the department from the sale of livestock in immediate need of sustenance
and associated products shall be paid to the department according to its priority status as a
lienholder as provided in section 717.4.
(2) If an owner of the livestock is a landowner, the local authority may submit an amount
of the moneys owed to the clerk of the county board of supervisors who shall report the
amount to the county treasurer. The amount shall equal the balance remaining after the
sale of the livestock. If the livestock owner owns a percentage of the livestock, the reported
amount shall equal the remaining balance owed by all landowners who own a percentage of
the livestock. That amount shall be prorated among the landowners based on the percentage
of interest in the livestock attributable to each landowner. The amount shall be placed upon
the tax books, and collected with interest and penalties after due, in the same manner as

other unpaid property taxes. The county shall reimburse a city within thirty days from the
collection of the property taxes.
d. If any moneys remain after satisfying the costs of the local authority or department,
such moneys shall be distributed pursuant to the process and priorities contained in chapter
680.
4. Neglected livestock ordered to be destroyed shall be destroyed only by a humane
method, including euthanasia as defined in section 162.2.