Statutes

Statute by categorysort descending Citation Summary
HI - Domestic Violence - Chapter 586. Domestic Abuse Protective Orders H R S § 586-4

This law reflects Hawaii's provision for temporary restraining orders in cases of domestic abuse. The ex parte temporary restraining order may also enjoin or restrain both of the parties from taking, concealing, removing, threatening, physically abusing, or otherwise disposing of any animal identified to the court as belonging to a household, until further order of the court.

HI - Endangered Species - Chapter 195D. Conservation of Aquatic Life, Wildlife, and Land Plants H R S § 195D-1 - 32

Hawaii endangered species law prohibits any taking, transport or commerce in designated species.  It further outlines conservation programs that mandate continued research on listed species.  Broad arrest and search and seizure provisions are given to law enforcement officials to enforce these acts.  Violation of the regulations result in a misdemeanor conviction with both criminal fines and administrative fines that graduate for subsequent convictions.

HI - Equine Activity Liability Statute H R S § 663B-1, B-2

Hawaii is unique in how it treats liability for injuries incurred during equine activities.  The relevant section provides that, in any civil action for injury, loss, damage, or death of an equine participant, there shall be a rebuttable presumption that the injury, loss, damage, or death was not caused by the negligence of an equine activity sponsor, equine professional, or their employees or agents, if the injury, loss, damage, or death was caused solely by the inherent risk and unpredictable nature of the equine.  Liability is not limited by this statute where the equine professional knowingly provided faulty tack or equipment, failed to make reasonable and prudent efforts to determine the ability of the participant to engage safely in the equine or activity, owns or otherwise is in lawful possession of the land or facilities upon which the participant sustained injuries because of a known, dangerous latent condition, or if he or she commits an act or omission that constitutes willful or wanton disregard for the safety of the participant or intentionally injures the participant. 

HI - Facility dog - [§ 621-30]. Use of a facility dog H R S § 621-30 This Hawaii law enacted in 2016 states that a court may permit the use of a facility dog in a judicial proceeding involving the testimony of a vulnerable witness (as defined) if the court determines that there is a compelling necessity for the use of a facility dog to facilitate the testimony of the vulnerable witness. Prior to use, the moving party must establish that the dog is credentialed; the dog is adequately insured; and that there is a relationship between the witness and the facility dog.
HI - Hunting - Chapter 183D. Wildlife H R S § 183D-27.5

This law reflects Hawaii's hunter harassment provision. The law states that no person shall intentionally prevent or attempt to prevent the lawful taking of game by a licensed person. Such prohibited acts include placing oneself in the line of fire; creating a visual, aural, olfactory, or physical stimulus to affect the behavior of game to be taken; affecting the condition or placement of personal property used in the taking of animals; and obstructing a person's access where the person intends to lawfully take game. Violation of this law incurs a fine of $500, thirty days imprisonment, or both.

HI - Importation, quarantine - Chapter 150A. Plant and Non-Domestic Animal Quarantine and Microorganism Import H R S § 150A-5 - 15

These laws concern the importation of animals, plants, and microorganisms into the State of Hawaii.

HI - Impound - Chapter 143. Animals: Licenses and Regulations. H R S § 143-8

This Hawaii statute provides that, except where licensing requirements are dispensed with, every officer shall seize any unlicensed dog found running at large or found outside a sufficient enclosure even if within the immediate presence of its owner.  The animal will then be confined at a pound for forty-eight hours whereupon it can be redeemed by the owner, sold, or humanely destroyed if not reclaimed.  Each county council shall have the power to fix the impoundment fee for dogs.   

HI - Lien - § 507-1. Animals, lien for care of HRS § 507-1, 507-2, 507-3 Whoever pastures, feeds, or shelters animals by virtue of a contract with or by the consent of the owner of the animals for a compensation agreed upon, has a lien on the animals for pasturing, feeding, or sheltering to secure payment thereof with costs.
HI - Shark fins; prohibited - Chapter 188. Fishing Rights and Regulations. H R S § 188-40.7

Hawaii passed this law in 2010 prohibiting the sale, trade, or distribution of shark fins. Prior to July 1, 2011, any restaurant holding a valid certificate, permit, or license issued by the department of health may possess, sell, offer for sale, trade, or distribute shark fins possessed by that restaurant as of July 1, 2010 which are prepared for consumption. Any person violating this section or any rule adopted pursuant to this section incurs an administrative fine of not less than $5,000 and not more than $15,000 for first offense. The fine then increases to $15,000 - $35,000 for a second offense, and $35,000 - 50,000 or imprisonment for up to 1 year, or both, for a third or subsequent offense.

HI - Therapy animals - [§ 323-51]. Animal therapy H R S § 323-51

This Hawaii law allows common household pets to be brought into long term health care facilities for the purpose of visiting patients. The institution can determine the rules for visitation. It also may require the animal owner o produce written documentation from a veterinarian attesting to the animal's good health.

HI - Trusts for domestic or pet animals. - CHAPTER 560. UNIFORM PROBATE CODE H R S § 560:7-501

This statute represents Hawaii's pet trust law.  The law provides that a pet trust is a valid purpose for a trust, and that such instruments are to be liberally construed to carry out the intent of the pet owner.  Extrinsic evidence is admissible to prove the transferor's intent.  Other aspects include an order for disbursement of remaining assets and a section that excludes these trusts from Hawaii's rule against perpetuities law.

HI - Vehicle - § 291C-124. Obstruction to driver's view or driving mechanism H R S § 291C-124 This Hawaii law states that no person shall hold in his or her lap or allow to be in the driver's immediate area any animal that interferes with the "driver's control over the driving mechanism of the vehicle."
HI - Veterinary - CHAPTER 471. VETERINARY MEDICINE. H R S § 471-1 - 16; H R S § 472-1 - 3

These are the state's veterinary practice laws.  Among the provisions include licensing requirements, laws concerning the state veterinary board, veterinary records laws, and the laws governing disciplinary actions for impaired or incompetent practitioners.

HI - Wildlife - Chapter 183D. Wildlife. H R S § 183D-1 - 66

These statutes comprise Hawaii's wildlife provisions.

IA - Assistance Animals - Assistance Animal/Guide Dog Laws I. C. A. § 216C.1 - 11; 321.333

The following statutes comprise the state's relevant assistance animal and guide dog laws.

IA - Cruelty - Chapter 717. Injury to Livestock I. C. A. § 717.1 - .7

Livestock were excluded from the definition of animal in Iowa's animal cruelty laws in 1994.  These sections deal exclusively with livestock and exempt practices consistent with customary farming practices.

IA - Cruelty - Consolidated Cruelty Laws I. C. A. § 717B.1 - 717E3

Under Title XVI of Iowa's criminal code, there are several chapters that outlaw forms of animal cruelty and animal fighting.  The main animal cruelty provisions are contained in chapter 717B (Injuries to Animals other than Livestock). This chapter defines "animal" as any nonhuman vertebrate.  However, it excludes livestock, game, fur-bearing animal, fish, reptile, or amphibian unless a person owns, confines, or controls the game, fur-bearing animal, fish, reptile, or amphibian, and any nongame considered a "nuisance."  There are separate prohibitions against animal abuse, animal neglect, animal torture, abandonment of a cat or dog, and injury to a police service dog.  Under both the animal abuse and animal torture sections, a first offense results in an aggravated misdemeanor.  However, animal torture requires a mandatory psychological evaluation and graduates subsequent convictions to felony status.  Exclusions under the various sections include veterinary care, hunting, animal husbandry, and scientific research, among others.  Other criminal chapters include chapters 717C.1 (Bestiality), 717D (Animal Contest Events), and 717E (Pets as Prizes).

IA - Dangerous - Chapter 717F. Dangerous Wild Animals I. C. A. § 717F.1 - 13

This Iowa set of laws concerns the keeping of dangerous wild animals. Except as otherwise provided in this chapter, a person shall not own or possess a dangerous wild animal or cause or allow a dangerous wild animal owned by a person or in the person's possession to breed. Further, a person shall not transport a dangerous wild animal into this state. There is a grandfather provision that allows a person who owns or possesses a dangerous wild animal on July 1, 2007 to continue to own or possess the dangerous wild animal subject the provisions of the laws. A person owning or possessing a dangerous wild animal who violates a provision of this chapter is subject to a civil penalty of not less than two hundred dollars and not more than two thousand dollars for each dangerous wild animal involved in the violation.

IA - Dog - Iowa Dangerous Dog/General Dog Laws I. C. A. § 351.1 - 43; I. C. A. § 162.20; § 481A.56

These Iowa statutes comprise the state's dog laws.  With regard to damage done by dogs and dog bites, the owner of a dog shall be liable to an injured party for all damages done by the dog, when the dog is caught in the action of worrying, maiming, or killing a domestic animal, or the dog is attacking or attempting to bite a person, except when the party damaged is doing an unlawful act, directly contributing to the injury.  Further, the law states that it shall be the duty of the owner of any dog, cat or other animal which has bitten or attacked a person or any person having knowledge of such bite or attack to report this act to a local health or law enforcement official.  The section also contains general rabies vaccination provisions and a prohibition on dogs running at large (results in impoundment).

IA - Dog as property - 351.25. Dog as property I. C. A. § 351.25

This Iowa statute distinguishes between licensed and unlicensed dogs.  Specifically, it provides that all dogs under six months of age, and all dogs over said age and wearing a collar with a valid rabies vaccination tag attached to the collar, shall be deemed property. Dogs not provided with a rabies vaccination tag shall not be deemed property.

IA - Dog License - 351.27. Right to kill tagged dog I. C. A. § 351.27

This Iowas statute makes it lawful for any person to kill a dog, wearing a collar with a rabies vaccination tag attached, when the dog is caught in the act of worrying, chasing, maiming, or killing any domestic animal or fowl, or when such dog is attacking or attempting to bite a person.

IA - Dog Licenses - 351.26. Right and duty to kill untagged dog I. C. A. § 351.26

This Iowa statute makes it lawful for any person to kill a dog that is required to wear a rabies vaccination tag and is found not wearing one.  Further, it is the duty  of all peace officers within their respective jurisdictions unless such jurisdiction has provided for the seizure and impoundment of dogs, to kill these untagged dogs.

IA - Domestic Violence - Chapter 236. Domestic Abuse I.C.A. §§ 236.3, 236.4, 236.5 Iowa now allows the court to grant petitioners exclusive care, possession, or control of any pets or companion animals in both temporary and permanent orders. The animals can belong to the petitioner, the abuser, or a minor child of the petitioner or the abuser. The court can also order the abuser to stay away from the animals and not take, hide, bother, attack, threaten, or otherwise get rid of the pet or companion animal.
IA - Ecoterrorism - Chapter 717A. Offenses Relating to Agricultural Production. I. C. A. § 717A.1 - 717A.4

This set of Iowa laws relates to interference with animal facility operations as well as crop operations (commonly known as "ecoterrorism"). Under the section, it is unlawful for a person, without consent, to destroy property of an animal facility or kill or injure an animal maintained there. It is also unlawful for a person to enter such a facility if the person has notice that it is not open to the public with intent to disrupt operations there. A person suffering damages from such actions at an animal facility can bring an action to recover damages, which includes an amount equaling three times all actual and consequential damages. Iowa has a specific section that makes it a class B felony to use pathogens with an intent to threaten the health of an animal or crop.

IA - Endangered Species - WILDLIFE CHAPTER 481B. ENDANGERED PLANTS AND WILDLIFE I. C. A. § 481B.1 - 10

Iowa law sets out the definitions related to endangered species.  It also provides a list of prohibited acts related to these species, including any taking, transporting, purchasing or selling of the species or their parts.  An exception is listed for damage to property or human life, provided a permit is secured first.

IA - Equine Activity Liability Statute - Chapter 673. Domesticated Animal Activities. I. C. A. § 673.1 - .5

This Iowa statute provides that a domesticated animal professional, sponsor, or exhibitor is not liable for the damages, injury, or death suffered by a participant or spectator resulting from the inherent risks of a domesticated animal activity.  However, this section shall not apply to the extent that the claim for damages, injury, or death is caused by an act committed intentionally, recklessly, or while under the influence of an alcoholic beverage or other drug, the knowing use of faulty equipment or tack, the failure to notify a participant of a known dangerous latent condition on real property in which the defendant holds an interest, a domesticated animal activity which occurs in a place designated as a place for persons who are not participants to be present, or a domesticated animal activity which causes damages, injury, or death to a spectator who is in a place where a reasonable person would not expect a domesticated animal activity to occur.  Not only does the statute require the displaying of warning signs alerting participants to the limitation of liability of the equine operators, but in cases where a written contract is executed, special provisions must be present on the contract.

IA - Fur, traps - Chapter 481A. Wildlife Conservation. I. C. A. § 481A.92

A person cannot use colony traps for fur-bearing animals except for muskrats. Traps must be labeled with the user's name and address, and must be checked at least once every twenty-four hours, unless completely submerged under water. A person cannot use instruments such as chemicals or explosives to remove fur-bearing animals from their dens.

IA - Humane Slaughter - Meat and Poultry Inspection Act I. C. A. § 189A.1 - .22

This Iowa section, known as the Meat and Poultry Inspection Act, also contains the state's humane slaughter laws.  For purposes of this section an approved humane slaughtering method shall include and be limited to slaughter by shooting, electrical shock, captive bolt, or use of carbon dioxide gas prior to the animal being shackle hoisted, thrown, cast or cut (except for the ritual requirements proscribed by the Jewish or any other religious faith).  Any person who violates any provisions of this chapter for which no other criminal penalty is provided shall be guilty of a simple misdemeanor, which appears to include the humane slaughter provision.

IA - Hunting - 481A.125A. Remote control or internet hunting--criminal and civil penalties I.C.A. § 481A.125A This Iowa law prohibits “remote control or internet hunting." This involves the acts of offering such services for sale as well as taking, or assisting in the take of a wild animal kept on a hunting preserve by remote control or internet hunting. A person who violates this section is guilty of a serious misdemeanor. A second or subsequent violation of this section is punishable as a class “D” felony.
IA - Hunting, canned - 484B.4. Hunting preserve operator's license--application and license requirements I. C. A. § 484B.4

Under this Iowa statute, a person who owns or controls by lease or otherwise for five or more years, a contiguous tract of land having an area of not less than three hundred twenty acres, and who desires to establish a hunting preserve to propagate and sell game birds and their young or unhatched eggs, and shoot game birds and ungulates on the land, can apply to the state for an operator's license.   The commission reviews the application to determine, among other things, that allowance of the license is not detrimental to wildlife and does not interfere with migratory bird activity.

IA - Hunting, interference - 481A.125. Intentional interference with lawful hunting, fishing, or fur-harvesting I. C. A. § 481A.125

This law reflects Iowa's hunter harassment provision. Under the law, a person interferes with hunting, fish, or fur-harvesting activities when he or she: intentionally places him or herself in a location where his or her presence affects the behavior of the game thereby affecting the feasibility of taking the animal; intentionally creates a visual, aural, olfactory, or physical stimulus for the purpose of affecting the behavior of the animal to harass or obstruct the hunter; or alters the condition or placement of the hunter's personal property to obstruct that person. A first offense is a simple misdemeanor; a second or subsequent offense is a serious misdemeanor.

IA - Impoundment - 351.37. Dogs running at large--impoundment--disposition I. C. A. § 351.37 This Iowa statute provides that a dog shall be impounded by a local board of health or law enforcement official if the dog is running at large and the dog is not wearing a valid rabies vaccination tag.  The statute requires that written notice be sent to the owner (if the owner's name can be reasonably determined from a tag or other source) who then has seven days to redeem the dog before it is euthanized.
IA - Lost Property - Chapter 556F. Lost Property I. C. A. § 556F.1 - 18

This section comprises Iowa's Lost Property Act.

IA - Ordinances - 331.381. Duties relating to services I. C. A. § 331.381

This Iowa statute states that the county board shall provide for the seizure, impoundment, and disposition of dogs in accordance with chapter 351.

IA - Ordinances - 351.36. Enforcement I. C. A. § 351.36

This Iowa statute provides that local health and law enforcement officials shall enforce state provisions relating to vaccination and impoundment of dogs.  It further states that such public officials shall not be responsible for any accident or disease of a dog resulting from the enforcement of the provisions of the sections.

IA - Ordinances - Chapter 351. Dogs and Other Animals. I. C. A. § 351.41

This Iowa state provides that the chapter relating to state dogs running at large laws does not limit the power of any city or county to prohibit dogs and other animals from running at large, whether or not they have been vaccinated for rabies, and does not limit the power of any city or county to provide additional measures for the restriction of dogs and other animals for the control of rabies and for other purposes.

IA - Pet Shop - Chapter 162. Care of Animals in Commercial Establishments. I. C. A. § 162.1 to 25
The purpose of this chapter is to insure that all dogs and cats handled by boarding kennels, commercial kennels, commercial breeders, dealers, and public auctions are provided with humane care and treatment by regulating the transportation, sale, purchase, housing, care, handling, and treatment of such animals.
IA - Racing - 99D.1 to 99D.28. Pari-Mutuel Wagering I.C.A. § 99D.1 - 99D.28 This act legalizes and only applies to pari-mutuel wagering on dog and horse races in the state of Iowa. The act creates a state racing and gaming commission which has full jurisdiction to investigate applicants, adopt standards, and regulate all horse and dog races governed by the act. Organizations that wish to conduct horse and dog racing must apply to the commission for a license and meet the requirements. Tracks that are licensed to race dogs are required to maintain a racing dog adoption program.
IA - Trusts for Pets - Chapter 633A. Iowa Trust Code. I. C. A. § 633A.2101 - 2105

This Iowa statute allows for the creation of a trust for the continuing care of animal living at the settlor's death (note that the actual text does not state "domestic" or "pet" animal).  This type of trust, allowed generally through the provisions for lawful noncharitable trusts, is valid for up to twenty-one years, whether or not the terms of the trust contemplates a longer duration.  The trust terminates when when no living animal is covered by its terms.

IA - Veterinary - Veterinary Practice Code I. C. A. § 169.1 - 56

These are the state's veterinary practice laws.  Among the provisions include licensing requirements, laws concerning the state veterinary board, veterinary records laws, and the laws governing disciplinary actions for impaired or incompetent practitioners.

IA - Veterinary Liens - Chapter 581. Veterinarian's Lien I. C. A. § 581.1 - 4

This section of Iowa laws relates to veterinary liens related to treatment of livestock. A veterinarian shall have an agricultural lien as provided in section 554.9102 for the actual and reasonable value of treating livestock, including the cost of any product used and the actual and reasonable value of any professional service rendered by the veterinarian. In order to perfect the lien, the veterinarian must file a financing statement in the office of the secretary of state as provided. “Livestock” means an animal belonging to the bovine, caprine, equine, ovine, or porcine species, ostriches, rheas, emus, poultry, or fish or shellfish.

ID - Assistance Animal - Assistance Animal/Guide Dog Laws I.C. §§ 18-5811 - 5812B; I.C. §§ 56-701 - 708

The following statutes comprise the state's relevant assistance animal and guide dog laws.

ID - Cruelty - Consolidated Cruelty Statutes I.C. § 25-3501 - 3521; § 18-6605

These Idaho statutes comprise the state's anti-cruelty and animal fighting provisions.  Every person who is cruel to any animal and whoever having the charge or custody of any animal subjects any animal to cruelty is guilty of a misdemeanor.  "Animal" means any vertebrate member of the animal kingdom, except humans.  "Cruelty" is defined as the intentional and malicious infliction of pain, physical suffering, injury or death upon an animal as well as the negligent deprivation of necessary sustenance, among other things.  Dogfighting and cockfighting exhibitions are also prohibited, but the rearing of gamecocks regardless of their later intended use is not prohibited.

ID - Dangerous - § 25-2806. Liability for livestock and poultry killed by dogs I.C. § 25-2806

This Idaho statute provides that any owner whose dog that kills, worries, or wounds any livestock and poultry is liable to the owner of the same for the damages and costs of suit, to be recovered before any court of competent jurisdiction.  Further, any person, on finding any dog, not on the premises of its owner or possessor, worrying, wounding, or killing any livestock or poultry may, at the time of so finding said dog, kill the same, without liability for damages.

ID - Dangerous Dogs running at large - Chapter 28. Dogs. I.C. § 25-2805

This Idaho statute provides that any person who lets his or her dog run at large after a complaint has been made to the sheriff shall be guilty of an infraction punishable as provided in section 18-113A, Idaho Code.  Any person who lets his or her dog physically attack someone when not provoked shall be guilty of a misdemeanor in addition to any liability as provided in section 25-2806, Idaho Code.  For a second or subsequent violation of this subsection, the court may, in the interest of public safety, order the owner to have the vicious dog destroyed or may direct the appropriate authorities to destroy the dog.

ID - Dog - Consolidated Dog Laws I.C. I.C. § 18-7039; § 25-2801 - 2812; § 36-1101

These Idaho statutes comprise the state's dog laws.  Among the provisions include licensing requirements, laws regarding dogs at large and vicious dogs, and immunity for acts done by law enforcement dogs.

ID - Dog License - Chapter 28. Dogs. I.C. § 25-2804

This Idaho statute provides that once a county board adopts a measure, sixty (60) days from the date of the board's meeting at which this measure is adopted, it shall be the duty of the sheriff of the county to seize and impound all unlicensed dogs at large, excluding those located in a municipality that has enacted a dog license law.  A dog impounded under this provision may be killed in a humane manner after 5 days after there has been a "reasonable effort" to locate the owner.

ID - Dog, property - Chapter 28. Dogs. I.C. § 25-2807

This Idaho statute states that dogs are considered property.  It further provides that no entity of state or local government may by ordinance or regulation prevent the owner of any dog from protecting it from loss by the use of an electronic locating collar.

ID - Ecoterrorism - Chapter 70. Trespass and Malicious Injuries to Property. I.C. § 18-7015, 7037, 7040, 7041

These laws comprise Idaho's animal enterprise interference/"ecoterrorism" laws. The state has a provision specific to trespass into enclosures for fur-bearing animals such as foxes. Additionally, § 18-7037 prohibits the unauthorized release of an animal, a bird, or an aquatic species which has been lawfully confined for agriculture, science, research, commerce, public propagation, protective custody, or education. This offense is a misdemeanor and the actor is liable for restitution that includes replacement costs, property damage, and even costs of repeating an experiment. Section § 18-7040 defines the crime of interference with agricultural research where a person knowingly damages property, obtains property with the intent of hinder the research; obtains access to the facility by misrepresentation to perform acts to damage or hinder the research; enters the facility with the intent to damage, alter, or duplicate data or records; or the release of an animal or injury to an animal at the facility. Violation is a felony with punishment of up to 20 years imprisonment and/or a fine of up to $10,000. The state also has a separate section on damage to aquaculture operations.

ID - Endangered Species - Chapter 24. Species Conservation- Chapter 26. Fish and Game I.C. § 36-2401 - 2405, 36–1101

This Idaho law sets out the definitions related to state endangered species laws.  It also establishes a delisting advisory team that is responsible for reviewing data related to state species proposed for delisting by the federal government.  This team also submits management plans to the state fish and wildlife department.

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