E-FILED 2021 FEB 23 10:18 AM DALLAS - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT FOR DALLAS COUNTY

DALLAS COUNTY ATTORNEY : NO.

Application (or Petitioner),
:
v.
: PETITION FOR DISPOSITION OF A
ZACHARY ULYSSES BROOKS, THREATENED ANIMAL
Respondent. :

The Applicant comes before the Court, through Dallas County Attorney Charles C. Sinnard,

and files a Petition with the Court, pursuant to Iowa Code Section 717B.4, for hearing and disposition

regarding a threatened animal and in support offers the following:

1. Zachary Brooks is the owner of the dog in question. Brooks resides in Waukee, Dallas

County Iowa. On three occasions in February, neighbors of Brooks took video of Brooks

interacting with his dog. That in one video, Brooks is seen outside the house ordering the

dog to get in the house. When the dog remained outside, Brooks grabbed the dog by the

collar and drug the dog inside the house. In a second video, Brooks is seen inside the garage

of his residence. Brooks appears to kick the kennel his dog is in. In the third video, Brooks

is again seen in his garage and appears to throw an object at his dog.

2. After reports from the neighbors, Waukee Police responded to Brooks’ residence to conduct

an investigation. Officers spoke to Brooks and looked over his dog. The dog did not appear

to have visible injuries, but Brooks admitted that he had been frustrated with the dog and had

kicked the kennel the dog was in. The kennel had visible damage consistent with a kick.

Brooks also admitted to kicking at his dog in the past and did not deny the treatment of the

dog observed in the other videos.

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Brooks further admitted the dog was kept in the kennel overnight and when Brooks

was gone from the house. The kennel is located in the garage. Brooks claimed that space

heaters were provided to keep the dog warm in the garage, but officers observed no heaters

in the garage upon their inspection. The kennel did not have bedding to keep the dog warm

in the recent cold weather. Officers also observed that the dog did not have food or water

provided in the kennel or the garage. Based upon their observations, officers filed animal

neglect charges.

3. Animal neglect is defined under Iowa Code Section 717B.3 as the impoundment or

confinement, in any place, of an animal, while failing to provide sufficient quantity of food

or water or failing to provide adequate shelter. Further, Iowa Code Section 717B.1 defines

a Threatened Animal as “an animal that is neglected as provided in section 717B.3”.

4. Where an animal is determined to be a threatened animal, Iowa Code Section 717B.4 allows

a Court to make an order regarding disposition of the animal. Section 717B.4 states, “[u]pon

a petition brought by a local authority, a court in the county where an animal is

maintained…shall determine if the animal is a threatened animal and order its disposition

after a hearing.

Section 717B.4 gives the specific process to be followed upon the filing of a petition.

Subsection 1(a) states, “the matter shall be heard within ten days from the filing of the

petition for disposition by the local authority”. Also, “[t]he hearing to determine if the animal

is a threatened animal for purposed of disposition shall be a civil proceeding”. Subsection 2.

“If the court determines that an animal is not a threatened animal, the court shall order that

the animal be returned to the custody of the responsible party”. “If the court determines that

an animal is a threatened animal, the court shall order the local authority to dispose of the
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threatened animal in any manner deemed appropriate for the welfare of the animal”.

Subsection 3.

Additionally, “[t]he court may order the responsible party to pay an amount which

shall not be more than the dispositional expenses incurred by the local authority”. Subsection

3(a). “The court may also award the local authority court costs, reasonable attorney fees and

expenses related to the investigation and prosecution of the case, which shall be taxed as part

of the costs of the action”.

Wherefore, the Dallas County Attorney acting as local authority, Petitions the Court

to set a hearing within ten (10) days, to determine if the dog in question is a threatened animal

and upon a find that the dog is a threatened animal, order a disposition that is appropriate for

the welfare of the animal and to asses costs to the Respondent. The local authority further

requests that in the order setting a hearing on this matter, the Court order the Respondent,

Zachary Brooks, or any member of the Respondent’s immediate family, from causing any

further harm or neglect to the dog and to not attempt to hide or dispose of the dog until a

disposition has been entered in this matter, subject to contempt proceeding being initiated by

the Court.

Respectfully Submitted,

/s/ Charles C. Sinnard

Charles C. Sinnard - AT0007278
Dallas County Attorney
Charles C. Sinnard
Dallas County Attorney
207 N 9th St
Adel, Iowa 50003
Telephone: (515) 993-5060
Facsimile: (515) 993-5069
E-mail: chuck.sinnard@dallascountyiowa.gov
Office E-mail: dcattorney@dallascountyiowa.gov
 E-FILED 2021 FEB 23 10:18 AM DALLAS - CLERK OF DISTRICT COURT

Copies to:

Respondent – Zachary Brooks

Attorney for Respondent
Dallas County Attorney
Court Administration