July 29, 2013
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In Iowa, simply abandoning or leaving an animal in any place without making provisions for its proper care, or having physical custody of an animal and failing to provide food, potable water, protection from the elements, and opportunity for exercise and other care, as is needed for the health or well-being of the animal is a criminal offence. In this case, the defendants appealed a trial court ruling finding livestock neglect and ordering them to pay the county’s costs of maintaining the livestock. According to reports, the horses, goats, sheep, pigs, dogs, and cats occupying the farm did not have sufficient food, water, and general care.
Following a finding of neglect, the court ordered the defendants to pay $7721.26 for the rescue of the animals, plus an additional $12,504.64 for the care of the animals after their rescue. The defendants appealed, claiming that some of the animals seized were not at risk, therefore, the authorities did not comply with proper livestock rescuing procedures. Citing Iowa Code § 717.5, the Iowa Court of Appeals affirmed the trial court’s finding that the animals were neglected and should have been rescued. However, the court determined that the trial court should not have assessed costs of rescue and maintenance, because the county did not properly comply with Iowa Code § 717.2A(1) when rescuing the animals.
Iowa Code § 717.5 is a civil remedy for the rescue of neglected livestock, and mandates that the neglecting owner must reimburse the county for expenses incurred in this process. This statute applies when criminal proceedings have not yet been commenced against the livestock owner. The law requires that after a civil petition is filed in which livestock neglect is claimed, a hearing shall occur within ten days (with a possibility of continuance for good cause). If, at the hearing, the court finds that the livestock are “permanently distressed by disease or injury” the court may order immediate rescue of the livestock. Iowa Code § 717.2A(1) governs situations where a criminal proceeding has been filed and the procedure whereby animals may be rescued by county authorities. A law enforcement officer may enter the property to rescue the animals, only if they obtain a court-ordered search warrant. The officer must give notice to the livestock owner and must obtain a written statement from a licensed veterinarian certifying that the livestock are neglected. The search warrant must describe the livestock intended for rescue.
In this case, the court found that a criminal action had not been commenced against the defendants, because the animals were rescued at an investigatory stage before any criminal charges were filed. Therefore, the county did not follow proper procedure under Iowa Code §717.2A(1), which governs the rescue of neglected animals only when a criminal charge has been filed against the livestock owner.
So, who foots the bill in situations of livestock neglect? The Iowa Code provides that the livestock owner may be held to pay an amount equal to the reasonable expenses associated with rescuing and maintaining the livestock, attorney’s fees and costs of investigation, when a criminal complaint has been filed. These amounts may be subtracted from any eventual sale of the livestock. However, if animals are not rescued pursuant to §717.2A, Iowa law does not provide for the payment of expenses associated with the rescue and care of neglected animals. County authorities may also contract out the care of the neglected livestock to a private livestock care provider and pay reasonable fees for such care. The importance of this case is that a county may pursue the rescue of neglected animals, through civil or criminal routes. However, counties must follow different requirements located in the Iowa Code under each approach. Linn County v. Andrews, No. 7-194/06-0801, 2007 Iowa App. LEXIS 912 (Iowa Ct. App. Aug. 22, 2007).
Following a finding of neglect, the court ordered the defendants to pay $7721.26 for the rescue of the animals, plus an additional $12,504.64 for the care of the animals after their rescue. The defendants appealed, claiming that some of the animals seized were not at risk, therefore, the authorities did not comply with proper livestock rescuing procedures. Citing Iowa Code § 717.5, the Iowa Court of Appeals affirmed the trial court’s finding that the animals were neglected and should have been rescued. However, the court determined that the trial court should not have assessed costs of rescue and maintenance, because the county did not properly comply with Iowa Code § 717.2A(1) when rescuing the animals.
Iowa Code § 717.5 is a civil remedy for the rescue of neglected livestock, and mandates that the neglecting owner must reimburse the county for expenses incurred in this process. This statute applies when criminal proceedings have not yet been commenced against the livestock owner. The law requires that after a civil petition is filed in which livestock neglect is claimed, a hearing shall occur within ten days (with a possibility of continuance for good cause). If, at the hearing, the court finds that the livestock are “permanently distressed by disease or injury” the court may order immediate rescue of the livestock. Iowa Code § 717.2A(1) governs situations where a criminal proceeding has been filed and the procedure whereby animals may be rescued by county authorities. A law enforcement officer may enter the property to rescue the animals, only if they obtain a court-ordered search warrant. The officer must give notice to the livestock owner and must obtain a written statement from a licensed veterinarian certifying that the livestock are neglected. The search warrant must describe the livestock intended for rescue.
In this case, the court found that a criminal action had not been commenced against the defendants, because the animals were rescued at an investigatory stage before any criminal charges were filed. Therefore, the county did not follow proper procedure under Iowa Code §717.2A(1), which governs the rescue of neglected animals only when a criminal charge has been filed against the livestock owner.
So, who foots the bill in situations of livestock neglect? The Iowa Code provides that the livestock owner may be held to pay an amount equal to the reasonable expenses associated with rescuing and maintaining the livestock, attorney’s fees and costs of investigation, when a criminal complaint has been filed. These amounts may be subtracted from any eventual sale of the livestock. However, if animals are not rescued pursuant to §717.2A, Iowa law does not provide for the payment of expenses associated with the rescue and care of neglected animals. County authorities may also contract out the care of the neglected livestock to a private livestock care provider and pay reasonable fees for such care. The importance of this case is that a county may pursue the rescue of neglected animals, through civil or criminal routes. However, counties must follow different requirements located in the Iowa Code under each approach. Linn County v. Andrews, No. 7-194/06-0801, 2007 Iowa App. LEXIS 912 (Iowa Ct. App. Aug. 22, 2007).