News : Timely Tip: Animal Neglect laws in Iowa

We occasionally get calls from concerned citizens about the welfare of animals kept as pets, typically dogs. In 2012, we received a total of 7 such calls regarding dogs in Vinton.

These calls typically come from neighbors or passers-by who are concerned about the welfare of dogs they see outside. They are typically concerned that it doesn't have adequate shade or shelter in the summer, that it doesn't have an adequate dog house for shelter in the winter, or that it isn't being fed or watered regularly.

Law Enforcement's authority to take any action in such cases is predicated solely on the Code of Iowa's definition of what neglect is, which reads:

717B.3 Animal neglect.
1. A person who impounds or confines, in any place, an animal is guilty of animal neglect, if the person does any of the following: fails to supply the animal during confinement with a sufficient quantity of food or water; fails to provide a confined dog or cat with adequate shelter; or tortures, deprives of necessary sustenance, mutilates, beats, or kills an animal by any means which causes unjustified pain, distress, or suffering.

If the dog has an adequate supply of food, water and adequate shade or shelter, and there is no evidence that it has been tortured, deprived of necessary sustenance (malnourished), mutilated, beaten or killed at the hands of another, there is nothing law enforcement is legally authorized or permitted to do.

We take these calls very seriously. In cases where the dog appears to be malnourished or sick, we contact local veterinarians to examine the animal and provide a professional determination of its well being, and we do everything we can to educate the owner on what they can, or need to do better for the benefit of the animal, if warranted. We have also, after reviewing the evidence with the County Attorney's Office, filed criminal charges against pet owners when their care of an animal has risen to the level of neglect as defined by the Code of Iowa.

Unfortunately, sometimes the true reason for the call about animal neglect really isn't about neglect as defined by Iowa law, but rather the caller having a different (much higher) standard of care regarding how an animal should be cared for, than Code of Iowa provides for.

These callers are typically very passionate about their concerns for a dog's welfare, but are also very indifferent to the legalities involved with law enforcement taking action as well.

These callers will often become insistent that law enforcement do something, even if the law does not allow for it, and will stop at nothing to impose their personal opinion of animal care and welfare upon someone else, irregardless of whether the law warrants it, or not.

These are the situations law enforcement must be very careful to not be a party to, as we cannot, by law, lend any "color of official authority" to any situation or circumstance that the law itself does not specifically permit us to.