483A.32 Public nuisance.
1. Subject to subsection 2, any device, contrivance, or material used to violate a rule adopted by the commission, or any other provision of this chapter or chapter 481A, 481B, 482, 484A, or 484B, is a public nuisance and may be condemned by the state. The director, the director’s officers, or any peace officer, shall seize the devices, contrivances, or materials used as a public nuisance, without warrant or process, and deliver them to a magistrate having jurisdiction. An automobile shall not be construed to be a public nuisance under this section.
2. The state may only condemn property seized as a public nuisance if the person from whom the property was seized is convicted of the violation for which the property was seized as a public nuisance.
3. If the person from whom the property was seized is not convicted of the violation for which the property was seized, the department, law enforcement agency, or other governmental agency in possession of the seized property shall return the seized property to the person within thirty days of any of the following:
a. The date the person is found not guilty of the violation.
b. The date the action involving the violation is dismissed.
c. The date the statute of limitations expires for the alleged violation for which the property was seized.
4. For purposes of this section, “convicted” means the same as in section 481A.13A, subsection 3.
[C73, §4052; C97, §2540; SS15, §2539, 2540; C24, 27, 31, §1715; C35, §1794-e16; C39, §1794.099; C46, 50, 54, 58, 62, 66, §110.18; C71, 73, 75, 77, §110.19; C79, 81, §110.32]
86 Acts, ch 1240, §9; 86 Acts, ch 1245, §1878
C93, §483A.32
98 Acts, ch 1125, §1; 2018 Acts, ch 1150, §5
Referred to in §462A.27, 483A.33
Nuisances in general, chapter 657
Nonpermanent structure on public land as public nuisance, see §462A.27
Structure Iowa Code
Chapter 483A - FISHING AND HUNTING LICENSES, CONTRABAND, AND GUNS
Section 483A.1 - Licenses — fees — rules.
Section 483A.1A - Definitions.
Section 483A.2 - Dual residency.
Section 483A.3 - Wildlife habitat fee.
Section 483A.3A - Fish habitat development funding.
Section 483A.3B - Game bird habitat development programs.
Section 483A.4 - “Permanent disability” defined.
Section 483A.5 - Fur harvester license.
Section 483A.6 - Trout fishing fee.
Section 483A.6A - Paddlefish fishing license and tag.
Section 483A.6B - Nonresident five-day hunting license — fee.
Section 483A.7 - Wild turkey hunting license and tag.
Section 483A.8 - Deer hunting license and tag.
Section 483A.8A - Deer and wild turkey harvest reporting system.
Section 483A.8B - Senior crossbow deer hunting licenses.
Section 483A.8C - Nonambulatory persons — deer hunting licenses.
Section 483A.9A - Combination packages of licenses.
Section 483A.10 - Issuance of licenses.
Section 483A.11 - License agents.
Section 483A.12 - License agent responsibilities — fees and unused blanks — writing fee.
Section 483A.13 - Destroyed license blanks — accountability.
Section 483A.14 - Duplicate licenses and permits.
Section 483A.16 - Duplicate issuance.
Section 483A.17 - Tenure of license.
Section 483A.18 - Form of licenses.
Section 483A.19 - Showing license document to officer.
Section 483A.20 - Reciprocity.
Section 483A.21 - Revocation or suspension.
Section 483A.22 - Record of revocation.
Section 483A.22A - Sale of license lists.
Section 483A.23 - Game birds or animals as pets.
Section 483A.24 - When license not required — special licenses.
Section 483A.24A - License refunds — military service.
Section 483A.24B - Special deer hunts.
Section 483A.24C - Deer depredation management agreements — permits.
Section 483A.25 - Pheasant and quail restoration program — appropriations.
Section 483A.26 - False claims.
Section 483A.27 - Hunter education program — license requirement.
Section 483A.27A - Apprentice hunters.
Section 483A.28 - Noncommercial harvest of aquatic species.
Section 483A.30 - Nonresident deer and turkey license fees.
Section 483A.31 - Reciprocal privileges authorized.
Section 483A.32 - Public nuisance.
Section 483A.33 - Disposition of property seized as public nuisance.
Section 483A.34 - Right to appeal.
Section 483A.35 - “Gun” defined.
Section 483A.36 - Manner of conveyance.
Section 483A.37 - Prohibited guns.
Section 483A.38 - Free fishing days.
Section 483A.39 - Bass fishing tournaments.
Section 483A.50 - Definitions.
Section 483A.51 - Bonds issued by the commission.
Section 483A.52 - Additional powers of commission.
Section 483A.53 - Payment of bonds.
Section 483A.54 - Nonliability of the state and its officials.