County Adopts New Livestock Ordinance

Polk County Commissioners adopted a new livestock ordinance to address the issue of "Livestock at Large."  Sheriff Bob Wolfe stated, "Late last year members of the Polk County Livestock Association, along with members of the Polk County Farm Bureau, worked with my office to address changing the charge of livestock at large from a misdemeanor to a violation."  It only makes sense to provide for a process that allows for failure to comply with the livestock district compliance requirements to be handled as a violation instead of a misdemeanor.

Sheriff Bob Wolfe stated, "Overall, the goal is to keep livestock contained, which is in the interest of the livestock owner and the livestock.  We know at times animals will get out and as long as the owner is making attempts to comply with containment, we now have a better solution to gain compliance while still being able to use the criminal charge in the more serious matters."

After several months of discussions with the Sheriff's Office, Polk County Board of Commissioners, County Counsel, Polk County District Attorney's Office, and both the County Livestock Association and County Farm Bureau, there was a change to Polk County Ordinance Chapter 42.   Sub Chapter 42.202 Prohibition of Livestock at Large was added and approved by the Polk County Board of Commissioners.  The sanction would be, upon conviction a fine of not more than $500 for a non-continuing violation and a fine of not more than $1000 for a continuing offense.  Without this ordinance, if a person was cited for "Livestock at Large," they would be subjected to being booked and released at the Polk County Jail even before any trial.  By being booked and released, a "Criminal Arrest" record would be established.  Under the new Ordinance, even if convicted there is no arrest record established through fingerprints for this violation.

This provides a great tool to gain compliance of individuals who are neglecting proper containment of their livestock.  Typically, although not in every situation, a warning would first be issued by a deputy.  A second or subsequent incident would likely be a citation for violation of the county ordinance, which could lead to a criminal charge if continued noncompliance remains an issue.