162.2 - DEFINITIONS.
162.2 DEFINITIONS.
As used in this chapter, except as otherwise expressly provided:
1. "Adequate feed" means the provision at suitable intervals
of not more than twenty-four hours or longer if the dietary
requirements of the species so require, of a quantity of wholesome
foodstuff suitable for the species and age, sufficient to maintain a
reasonable level of nutrition in each animal. The foodstuff shall be
served in a clean receptacle, dish or container.
2. "Adequate water" means reasonable access to a supply of
clean, fresh, potable water provided in a sanitary manner or provided
at suitable intervals for the species and not to exceed twenty-four
hours at any interval.
3. "Animal shelter" means a facility which is used to house
or contain dogs or cats, or both, and which is owned, operated, or
maintained by an incorporated humane society, animal welfare society,
society for the prevention of cruelty to animals, or other nonprofit
organization devoted to the welfare, protection, and humane treatment
of such animals.
4. "Animal warden" means any person employed, contracted, or
appointed by the state, municipal corporation, or any political
subdivision of the state, for the purpose of aiding in the
enforcement of the provisions of this chapter or any other law or
ordinance relating to the licensing of animals, control of animals or
seizure and impoundment of animals and includes any peace officer,
animal control officer, or other employee whose duties in whole or in
part include assignments which involve the seizure or taking into
custody of any animal.
5. "Boarding kennel" means a place or establishment other
than a pound or animal shelter where dogs or cats not owned by the
proprietor are sheltered, fed, and watered in return for a
consideration.
6. "Commercial breeder" means a person, engaged in the
business of breeding dogs or cats, who sells, exchanges, or leases
dogs or cats in return for consideration, or who offers to do so,
whether or not the animals are raised, trained, groomed, or boarded
by the person. A person who owns or harbors three or fewer breeding
males or females is not a commercial breeder. However, a person who
breeds or harbors more than three breeding male or female greyhounds
for the purposes of using them for pari-mutuel racing shall be
considered a commercial breeder irrespective of whether the person
sells, leases, or exchanges the greyhounds for consideration or
offers to do so.
7. "Commercial kennel" means a kennel which performs
grooming, boarding, or training services for dogs or cats in return
for a consideration.
8. "Dealer" means any person who is engaged in the business
of buying for resale or selling or exchanging dogs or cats, or both,
as a principal or agent, or who claims to be so engaged.
9. "Euthanasia" means the humane destruction of an animal
accomplished by a method that involves instantaneous unconsciousness
and immediate death or by a method that involves anesthesia, produced
by an agent which causes painless loss of consciousness, and death
during the loss of consciousness.
10. "Housing facilities" means any room, building or area
used to contain a primary enclosure or enclosures.
11. "Person" means person as defined in chapter 4.
12. "Pet shop" means an establishment where a dog, cat,
rabbit, rodent, nonhuman primate, fish other than live bait, bird, or
other vertebrate animal is bought, sold, exchanged, or offered for
sale. However, a pet shop does not include an establishment if one
of the following applies:
a. The establishment receives less than five hundred dollars
from the sale or exchange of vertebrate animals during a twelve-month
period.
b. The establishment sells or exchanges less than six animals
during a twelve-month period.
13. "Pound" or "dog pound" means a facility for the
prevention of cruelty to animals operated by the state, a municipal
corporation, or other political subdivision of the state for the
purpose of impounding or harboring seized stray, homeless, abandoned
or unwanted dogs, cats or other animals; or a facility operated for
such a purpose under a contract with any municipal corporation or
incorporated society.
14. "Primary enclosure" means any structure used to
immediately restrict an animal to a limited amount of space, such as
a room, pen, cage or compartment.
15. "Public auction" means any place or location where dogs
or cats, or both, are sold at auction to the highest bidder
regardless of whether the dogs or cats are offered as individuals, as
a group, or by weight.
16. "Research facility" means any school or college of
medicine, veterinary medicine, pharmacy, dentistry, or osteopathic
medicine, or hospital, diagnostic or research laboratories, or other
educational or scientific establishment situated in this state
concerned with the investigation of, or instruction concerning the
structure or function of living organisms, the cause, prevention,
control or cure of diseases or abnormal conditions of human beings or
animals.
17. "Vertebrate animal" means those vertebrate animals other
than members of the equine, bovine, ovine, and porcine species, and
ostriches, rheas, or emus. Section History: Early Form
[C75, 77, 79, 81, § 162.2] Section History: Recent Form
86 Acts, ch 1245, § 611; 88 Acts, ch 1186, § 1--4; 92 Acts, ch
1094, § 1; 92 Acts, ch 1212, § 6; 95 Acts, ch 43, § 4; 2005 Acts, ch
3, §40; 2009 Acts, ch 133, §70
Referred to in § 162.20, 165B.5, 169.5, 351.37, 717.1A, 717.2,
717.5, 717A.1, 717B.2, 717B.3, 717B.3A, 717B.4, 717B.8, 717D.3,
717F.2, 717F.7, 717F.10
Further definitions, see § 159.1