Section 21.77.14. Exemptions.  


Latest version.
  • This chapter does not apply to any of the following:

            1.            An institution accredited or certified by the American Zoo and Aquarium Association.

            2.            A wildlife sanctuary.

            3.            A person who keeps falcons, if the person has been issued a falconry license by the department of natural resources pursuant to Iowa Code section 483A.1.

            4.            A person who owns or possesses a dangerous wild animal as an agricultural animal. The person shall not transfer the dangerous wild animal to another person, unless the person to whom the dangerous wild animal is transferred will own or possess it as an agricultural animal or the person is a wildlife sanctuary.

            5.            A person who owns or possesses a dangerous wild animal as an assistive animal. The person shall not transfer the dangerous wild animal to another person, unless the person to whom the dangerous wild animal is transferred will own or possess it as an assistive animal or the person is a wildlife sanctuary.

            6.            A person who harvests the dangerous wild animal as a hunter or trapper pursuant to state law and as regulated by the department of natural resources.

            7.            A person who has been issued a wildlife rehabilitation permit by the department of natural resources pursuant to Iowa Code section 481A.65.

            8.            A circus that obtains a permit from a city in which it will be temporarily operating, if the city issues permits.

            9.            A city.

            10.           A nonprofit corporation governed under Iowa Code chapter 504 that is an organization described in Section 501(c)(3) of the Internal Revenue Code and that is exempt from taxation under Section 501(a) of the Internal Revenue Code if the nonprofit corporation was a party to a contract executed with a city prior to July 1, 2007, the effective date of 2007 Iowa Acts, Senate Files 564 and 601, to provide for the exhibition of dangerous wild animals at a municipal zoo. The nonprofit corporation shall not transfer the dangerous wild animal to another person, unless the person to whom the dangerous wild animal is transferred is a wildlife sanctuary.

            11.           The state fair as provided in Iowa Code chapter 173 or any fair as provided in Iowa Code chapter 174.

            12.           A research facility.

            13.           A location operated by a person licensed to practice veterinary medicine pursuant to Iowa Code chapter 169. However, this paragraph shall not apply to a swine which is a member of the species sus scrofa Linnaeus, including but not limited to swine commonly known as Russian boar or European boar of either sex.

            14.           A pound as defined in Iowa Code section 162.2.

            15.           An animal shelter as defined in Iowa Code section 162.2.

            16.           A county conservation board as provided in Iowa Code chapter 350.

            17.           An employee of the department responsible for the administration of this chapter, an animal warden as defined in Iowa Code section 162.2, or an animal care provider or law enforcement officer as defined in Iowa Code section 717B.1.

            18.           A person temporarily transporting a dangerous wild animal through this state if the transit time is not more than 96 hours and the dangerous wild animal is maintained within a confined area sufficient to prevent its escape or injuring members of the traveling public.

            19.           A public agency which maintains permanent custody of a dangerous wild animal, if the person to whom the public agency assigns the duty to manage the custody of the dangerous wild animal complies with the provisions of 2007 Iowa Acts, Senate File 564, section 4.

            20.           A person who keeps a dangerous wild animal pursuant to both of the following conditions:

            ●             The person is licensed by the United States Department of Agriculture as provided in 9 CFR Chapter 1.

            ●             The person is registered by the department of agriculture and land stewardship. Upon a complaint filed with the department of agriculture and land stewardship, the department may inspect the premises or investigate the practices of the registered person and suspend or revoke the registration for the same causes and in the same manner as provided in Iowa Code section 162.12.

    [ARC 0949C, IAB 8/21/13, effective 9/25/13]