"Acclimated" means the animal is accustomed to
a climate or environment and has the ability to maintain its body
temperature.
"Adequate feed" means the provision at
suitable intervals of not more than 24 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.
"Adequate space" means the animals contained
within the primary enclosure all must have the ability to comfortably turn
about, stand erect, sit or lie with limbs fully extended.
"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 24 hours at any
interval.
"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.
"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 Iowa Code chapter 162 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.
"Animal Welfare Act" means the federal Animal
Welfare Act, 7 U.S.C. Ch. 54, and regulations promulgated by the United States
Department of Agriculture and published in 9 C.F.R. Ch. 1.
"Authorization" means a state license,
certificate of registration, or permit issued or renewed by the department to a
commercial establishment as provided in Iowa Code section
162.2A.
"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.
"Breeding male or female" means any sexually
intact adult dog or cat over 12 months of age.
"Cleaning" means the mechanical removal of
organic matter and waste through the application of soap, detergent or other
cleaning agent followed by the rinsing of all surfaces with clean water.
"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 any number of breeding male or female
greyhounds for the purposes of using them for pari-mutuel wagering at a
racetrack as provided in Iowa Code chapter 99D shall be considered a commercial
breeder irrespective of whether the person sells, leases, or exchanges the
greyhounds for consideration or offers to do so.
"Commercial establishment" or
"establishment" means an animal shelter, boarding kennel,
commercial breeder, commercial kennel, dealer, pet shop, pound, public auction,
or research facility.
"Commercial kennel" means a kennel which
performs grooming, boarding, or training services for dogs or cats in return
for a consideration.
"Commingle" means to combine animals from
different owners in a common area or enclosure.
"Common area" means any area where dogs are
commingled for exercise or social interaction.
"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.
"Department" means the department of
agriculture and land stewardship.
"Direct and immediate visual supervision"
means a person providing visual supervision is located on the premises and
within the line of sight of the animal and is available to provide immediate
attention to the animals within the group.
"Distemper" means canine distemper virus or
feline panleukopenia virus.
"Dog day care" means a facility licensed as a
commercial kennel or a boarding kennel and designed and operated with the
intention that a dog admitted to the facility is allowed, in compliance with
this chapter, to mingle and interact with other dogs in one or more playgroups
operating in the facility.
"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.
"Facility" means all buildings, yards, pens
and other areas, or any portion thereof, at a single location in which any
animal is kept, handled, or transported for the purpose of adoption, breeding,
boarding, grooming, handling, selling, sheltering, trading, rescuing or
otherwise transferring.
"Federal license" means a license issued by
the United States Department of Agriculture to a person classified as a dealer
or exhibitor pursuant to the federal Animal Welfare Act.
"Federal licensee" means a person to whom a
federal license as a dealer or exhibitor is issued.
"Foster care home" means a private residence
that is authorized to provide temporary shelter and care for an animal that has
been accepted by a foster oversight organization.
"Foster oversight organization" means a
registered animal shelter or pound or licensed dealer which has been authorized
by the department to utilize foster care homes in its operation.
"Group housing" means more than two animals
housed together within the same primary enclosure.
"Housing facilities" means any room, building,
or area used to contain a primary enclosure or enclosures.
"Identification" means breed, color, markings,
sex, and age of the dog or cat. If applicable, identification can also include
a microchip number, rabies tag number, tattoo, or other similar form of
identification.
"In-home facility" means an individual
required to be licensed as a boarding kennel, commercial breeder, commercial
kennel, or dealer who maintains or harbors animals within the individual's
residence.
"Isolation" means the separation, for the
period of communicability, of infected animals from other animals in such a
place and under such conditions to prevent the direct or indirect transmission
of the infectious agent from those infected to those that are susceptible or
that may spread the agent to others.
"Isolation facility" means the location where
animals infected with disease may be placed to contain, control and limit the
spread of disease.
"Kennel" means a facility, location, or area
where dogs or cats are brought together or commingled for the purpose of, but
not limited to, boarding, grooming, or training.
"Licensee" means any person or facility
authorized to operate pursuant to Iowa Code chapter 162.
"Parvo" means canine parvovirus or feline
panleukopenia virus.
"Permittee" means a commercial breeder,
dealer, or public auction to whom a permit is issued by the department as a
federal licensee pursuant to Iowa Code section
162.2A.
"Person" means person as defined in Iowa Code
chapter 4.
"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:
1. The establishment receives less than $500 from the sale or
exchange of vertebrate animals during a 12-month period.
2. The establishment sells or exchanges less than six animals
during a 12-month period.
"Potable water" means liquid water suitable
for drinking.
"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.
"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.
"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.
"Registrant" means a pound, animal shelter, or
research facility to whom a certificate of registration is issued by the
department pursuant to Iowa Code section
162.2A.
"Rescue" means a person or group of persons,
licensed as a dealer, who holds itself out as an animal rescue, or who accepts,
purchases, exchanges or solicits for dogs or cats with the intention of finding
permanent adoptive homes or providing lifelong care for such dogs and cats or
who uses foster homes as a primary means of housing dogs or cats.
"Rescue manager" means any person designated
by a rescue to carry out the responsibilities of the rescue.
"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.
"Residence" means any area or space where a
person lives or resides.
"Sanitize" means to disinfect inanimate
objects to eliminate as many or all pathogenic microorganisms, except bacterial
spores.
"Seizure and impoundment," as used in this
chapter, means either of the following:
1. The confinement of the animals to the property of the owner
or custodian of the animals with provisions being made for the care of the
animals pending review and final disposition.
2. The physical removal of the animals to another facility for
care pending review and final disposition.
"State fiscal year" means the fiscal year
described in Iowa Code section
3.12.
"State licensee" means any of the
following:
1. A boarding kennel, commercial kennel, or pet shop to whom a
state license is issued by the department pursuant to Iowa Code section
162.2A.
2. A commercial breeder, dealer, or public auction to whom a
state license is issued in lieu of a permit by the department pursuant to Iowa
Code section
162.2A.
"Transfer" means to adopt, sell, give away,
trade, barter, exchange, return or convey ownership of an animal.
"Vertebrate animal" means those vertebrate
animals other than members of the equine, bovine, ovine, and porcine species,
and ostriches, rheas, or emus.
"Veterinarian" means a person who is validly
and currently licensed to practice veterinary medicine in the state of
Iowa.
