HF 2436

as introduced - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to animals; changing disposition of certain 
  1.3             animals; providing for preservation of certain 
  1.4             evidence; changing regulation of dangerous dogs; 
  1.5             amending Minnesota Statutes 1998, sections 343.12; 
  1.6             343.235, subdivisions 1 and 3; 347.50; 347.51; 347.52; 
  1.7             347.53; 347.54, subdivisions 1 and 2; and 347.55; 
  1.8             proposing coding for new law in Minnesota Statutes, 
  1.9             chapters 343; and 347; repealing Minnesota Statutes 
  1.10            1998, section 347.54, subdivision 3. 
  1.11  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.12     Section 1.  Minnesota Statutes 1998, section 343.12, is 
  1.13  amended to read: 
  1.14     343.12 [DUTIES OF PEACE OFFICERS.] 
  1.15     Upon application of any animal control officer or agent 
  1.16  appointed by the federation or a county or district society, it 
  1.17  shall be the duty of, any sheriff or the agent's deputy or any 
  1.18  police officer to investigate any alleged violation of the law 
  1.19  relative to cruelty to animals, and to arrest any person found 
  1.20  violating those laws.  It shall also be the duty of those 
  1.21  officers to take possession of any animals in their respective 
  1.22  jurisdictions which have been cruelly treated, and deliver the 
  1.23  same to the proper officers of the county or district for 
  1.24  custody and care. 
  1.25     Sec. 2.  Minnesota Statutes 1998, section 343.235, 
  1.26  subdivision 1, is amended to read: 
  1.27     Subdivision 1.  [GENERAL RULE.] An animal taken into 
  1.28  custody under section 343.12, 343.22 or, 343.29, or 343.31 may 
  2.1   be humanely disposed of at the discretion of the jurisdiction 
  2.2   having custody of the animal ten days after the animal is taken 
  2.3   into custody, provided that the procedures in subdivision 3 are 
  2.4   followed.  An animal raised for food or fiber products may not 
  2.5   be seized or disposed of without prior examination by a licensed 
  2.6   veterinarian pursuant to a warrant issued by a judge.  
  2.7      Sec. 3.  Minnesota Statutes 1998, section 343.235, 
  2.8   subdivision 3, is amended to read: 
  2.9      Subd. 3.  [NOTICE; RIGHT TO HEARING.] (a) The authority 
  2.10  taking custody of an animal under section 343.12, 343.22 or, 
  2.11  343.29, or 343.31 shall give notice of this section by 
  2.12  delivering or mailing it to a person claiming an interest in the 
  2.13  animal or by posting a copy of it at the place where the animal 
  2.14  is taken into custody or by delivering it to a person residing 
  2.15  on the property, and telephoning, if possible.  The notice must 
  2.16  include: 
  2.17     (1) a description of the animal seized; the authority and 
  2.18  purpose for the seizure; the time, place, and circumstances 
  2.19  under which the animal was seized; and the location, address, 
  2.20  telephone number, and contact person where the animal is kept; 
  2.21     (2) a statement that a person claiming an interest in the 
  2.22  animal may post security to prevent disposition of the animal 
  2.23  and may request a hearing concerning the seizure or impoundment 
  2.24  and that failure to do so within ten days of the date of the 
  2.25  notice will result in disposition of the animal; and 
  2.26     (3) a statement that all actual costs of the care, keeping, 
  2.27  and disposal of the animal are the responsibility of the person 
  2.28  claiming an interest in the animal, except to the extent that a 
  2.29  court or hearing officer finds that the seizure or impoundment 
  2.30  was not substantially justified by law. 
  2.31     The notice must also include a form that can be used by a 
  2.32  person claiming an interest in the animal for requesting a 
  2.33  hearing under this subdivision. 
  2.34     (b) Upon request of a person claiming an interest in the 
  2.35  animal, which request must be made within ten days of the date 
  2.36  of seizure, a hearing must be held within five business days of 
  3.1   the request, to determine the validity of the seizure and 
  3.2   impoundment.  If the seizure was done pursuant to a warrant 
  3.3   under section 343.22, the hearing must be conducted by the judge 
  3.4   who issued the warrant.  If the seizure was done under 
  3.5   section 343.12, 343.29, or 343.31, the municipality taking 
  3.6   custody of the animal or, in the case of a humane society, the 
  3.7   municipality from which the animal was seized, may either (1) 
  3.8   authorize a licensed veterinarian with no financial interest in 
  3.9   the matter or professional association with either party or (2) 
  3.10  use the services of a hearing officer to conduct the hearing.  A 
  3.11  person claiming an interest in the animal who is aggrieved by a 
  3.12  decision of a hearing officer under this subdivision may seek a 
  3.13  court order governing the seizure or impoundment within five 
  3.14  days of notice of the order. 
  3.15     (c) The judge or hearing officer may authorize the return 
  3.16  of the animal, if the judge or hearing officer finds that: 
  3.17     (1) the animal is physically fit; and 
  3.18     (2) the person claiming an interest in the animal can and 
  3.19  will provide the care required by law for the animal. 
  3.20     (d) The person claiming an interest in the animal is liable 
  3.21  for all actual costs of care, keeping, and disposal of the 
  3.22  animal, except to the extent that a court or hearing officer 
  3.23  finds that the seizure or impoundment was not substantially 
  3.24  justified by law.  The costs must be paid in full or a mutually 
  3.25  satisfactory arrangement for payment must be made between the 
  3.26  municipality and the person claiming an interest in the animal 
  3.27  before return of the animal to the person. 
  3.28     Sec. 4.  [343.236] [RECORD OF LIVE EVIDENCE.] 
  3.29     Subdivision 1.  [PHOTOGRAPHIC RECORD.] (a) Photographs of 
  3.30  animals seized during an investigation are competent evidence if 
  3.31  the photographs are admissible into evidence under all rules of 
  3.32  law governing the admissibility of photographs into evidence.  A 
  3.33  photographic record when satisfactorily identified is as 
  3.34  admissible in evidence as an animal itself. 
  3.35     (b) A photograph may bear a written description of the 
  3.36  animals seized, the name of the owner of the animals seized, the 
  4.1   name of the arresting or investigating law enforcement officer, 
  4.2   the date of the photograph, and the signature of the 
  4.3   photographer. 
  4.4      Subd. 2.  [VETERINARY INVESTIGATIVE REPORT.] (a) A report 
  4.5   completed by a Minnesota licensed veterinarian following an 
  4.6   examination of an animal seized during an investigation is 
  4.7   competent evidence if it is admissible into evidence under all 
  4.8   rules of law governing admissibility of evidence.  A veterinary 
  4.9   investigative report when satisfactorily identified is as 
  4.10  admissible in evidence as the animal itself. 
  4.11     (b) The veterinary investigative report may bear a written 
  4.12  description of the animal seized, the medical evaluation of the 
  4.13  physical findings, the prognosis for recovery, the date of the 
  4.14  examination, and the signature of the veterinarian performing 
  4.15  the examination. 
  4.16     Sec. 5.  Minnesota Statutes 1998, section 347.50, is 
  4.17  amended to read: 
  4.18     347.50 [DEFINITIONS.] 
  4.19     Subdivision 1.  [TERMS SCOPE.] For the purpose of The 
  4.20  definitions in this section apply to sections 347.50 to 347.54, 
  4.21  the terms defined in this section have the meanings given 
  4.22  them 347.55.  
  4.23     Subd. 2.  [DANGEROUS DOG.] "Dangerous dog" means any a dog 
  4.24  that has:  
  4.25     (1) without provocation, inflicted substantial bodily harm 
  4.26  on a human being on public or private property; 
  4.27     (2) killed a domestic animal without provocation while off 
  4.28  the owner's property; or 
  4.29     (3) been found to be potentially dangerous, and after the 
  4.30  owner has notice that the dog is potentially dangerous, the dog 
  4.31  aggressively bites, attacks, or endangers the safety of humans 
  4.32  or domestic animals been declared dangerous by an animal control 
  4.33  authority.  
  4.34     Subd. 3.  [POTENTIALLY DANGEROUS DOG.] "Potentially 
  4.35  dangerous dog" means any a dog that: 
  4.36     (1) when unprovoked, inflicts bites on a human or domestic 
  5.1   animal on public or private property; 
  5.2      (2) when unprovoked, chases or approaches a person, 
  5.3   including a person on a bicycle, upon the streets, sidewalks, or 
  5.4   any public or private property, other than the dog owner's 
  5.5   property, in an apparent attitude of attack; or 
  5.6      (3) has a known propensity, tendency, or disposition to 
  5.7   attack unprovoked, causing injury or otherwise threatening the 
  5.8   safety of humans or domestic animals has been declared 
  5.9   potentially dangerous by an animal control authority. 
  5.10     Subd. 4.  [PROPER ENCLOSURE.] "Proper enclosure" means 
  5.11  securely confined indoors or in a securely enclosed and locked 
  5.12  pen or structure suitable to prevent the animal dog from 
  5.13  escaping and providing protection from the elements for the 
  5.14  dog.  A "Proper enclosure" does not include a porch, patio, or 
  5.15  any part of a house, garage, or other structure that would allow 
  5.16  the dog to exit of its own volition, or any house or structure 
  5.17  in which windows are open or in which door or window screens are 
  5.18  the only obstacles that prevent the dog from exiting.  
  5.19     Subd. 4a.  [OWN.] "Own" means possess, harbor, keep, have 
  5.20  an interest in, or have the care, custody, or control of a dog. 
  5.21     Subd. 5.  [OWNER.] "Owner" means any a person, firm, 
  5.22  corporation, organization, or department possessing, harboring, 
  5.23  keeping, having an interest in, or having care, custody, or 
  5.24  control of who owns a dog.  
  5.25     Subd. 6.  [SUBSTANTIAL BODILY HARM.] "Substantial bodily 
  5.26  harm" has the meaning given it under in section 609.02, 
  5.27  subdivision 7a.  
  5.28     Subd. 7.  [ANIMAL CONTROL AUTHORITY.] "Animal control 
  5.29  authority" means an agency of the state, county, municipality, 
  5.30  or other governmental subdivision of the state which the agency 
  5.31  that is responsible for animal control operations in its 
  5.32  jurisdiction. 
  5.33     Sec. 6.  Minnesota Statutes 1998, section 347.51, is 
  5.34  amended to read: 
  5.35     347.51 [DANGEROUS DOGS; REGISTRATION.] 
  5.36     Subdivision 1.  [REQUIREMENT.] No person may own a 
  6.1   dangerous dog in this state unless the dog is kept in a proper 
  6.2   enclosure and registered as provided in this section.  
  6.3      Subd. 1a.  [DANGEROUS DESIGNATION AND APPEAL.] The 
  6.4   representative of an animal control authority may declare a dog 
  6.5   to be a dangerous dog or potentially dangerous dog.  The owner 
  6.6   of a dangerous dog has ten days to appeal the designation in 
  6.7   accordance with section 347.55.  Pending the outcome of the 
  6.8   appeal, the dog must be kept in a proper enclosure. 
  6.9      Subd. 2.  [REGISTRATION.] A county An animal control 
  6.10  authority shall issue a certificate of registration to the owner 
  6.11  of a dangerous dog if the owner presents sufficient evidence 
  6.12  that:  
  6.13     (1) a proper enclosure exists for the dangerous dog and a 
  6.14  posting on the premises with a clearly visible warning sign, 
  6.15  including a warning symbol to inform children, that there is a 
  6.16  dangerous dog on the property; and 
  6.17     (2) there is a surety bond issued to the owner of the dog 
  6.18  by a surety company authorized to conduct business in this state 
  6.19  in a form acceptable to the county in the sum of at 
  6.20  least $50,000 $300,000, payable to any person injured by the 
  6.21  dangerous dog, or a policy of liability insurance issued by an 
  6.22  insurance company authorized to conduct business in this state 
  6.23  in the amount of at least $50,000 $300,000, insuring the owner 
  6.24  for any personal injuries inflicted by the dangerous dog.  The 
  6.25  surety or insurance company must issue to the animal control 
  6.26  authority a certificate of insurance which: 
  6.27     (i) acknowledges that the company knows that the insured 
  6.28  owns a dangerous dog; and 
  6.29     (ii) provides for 30 days written notice to the animal 
  6.30  control authority prior to cancellation of the policy; 
  6.31     Subd. 2a.  [WARNING SYMBOL.] If a county issues a 
  6.32  certificate of registration to the owner of a dangerous dog 
  6.33  pursuant to subdivision 2, the county must provide, for posting 
  6.34  on the owner's property, a copy of a warning symbol to inform 
  6.35  children that there is a dangerous dog on the property.  The 
  6.36  design of the warning symbol must be uniform and specified by 
  7.1   the commissioner of public safety, after consultation with 
  7.2   animal control professionals.  The commissioner shall provide 
  7.3   the number of copies of the warning symbol requested by each 
  7.4   county and shall charge the county the actual cost of the 
  7.5   warning symbols received.  The county may charge the registrant 
  7.6   a reasonable fee to cover its administrative costs and the cost 
  7.7   of the warning symbol.  
  7.8      Subd. 3.  [FEE.] The county may charge (3) the owner has 
  7.9   paid an annual fee, of not more than $1,000 in addition to any 
  7.10  regular dog licensing fees, to obtain a certificate of 
  7.11  registration for a dangerous dog under this section.; 
  7.12     Subd. 4.  [LAW ENFORCEMENT; EXEMPTION.] The provisions of 
  7.13  this section do not apply to dangerous dogs used by law 
  7.14  enforcement officials for police work. 
  7.15     Subd. 5.  [EXEMPTION.] Dogs may not be declared dangerous 
  7.16  if the threat, injury, or damage was sustained by a person: 
  7.17     (1) who was committing, at the time, a willful trespass or 
  7.18  other tort upon the premises occupied by the owner of the dog; 
  7.19     (2) who was provoking, tormenting, abusing, or assaulting 
  7.20  the dog or who can be shown to have repeatedly, in the past, 
  7.21  provoked, tormented, abused, or assaulted the dog; or 
  7.22     (3) who was committing or attempting to commit a crime. 
  7.23     Subd. 6.  [COUNTIES WITHOUT LICENSING SYSTEMS.] If an owner 
  7.24  of a dangerous dog resides in a county that does not license 
  7.25  dogs under sections 347.08 to 347.21, the owner shall obtain a 
  7.26  certificate as required under this section from the county 
  7.27  auditor or other person designated by the county board in the 
  7.28  county where the owner resides. 
  7.29     Subd. 7.  [TAG.] A dangerous dog registered under this 
  7.30  section must have (4) the owner has attached to the dog a 
  7.31  standardized, easily identifiable tag identifying the dog as 
  7.32  dangerous and containing the uniform dangerous dog symbol, 
  7.33  affixed to the dog's collar at all times.  The commissioner of 
  7.34  public safety, after consultation with animal control 
  7.35  professionals, shall provide by rule for the design of the tag.; 
  7.36  and 
  8.1      Subd. 8.  [LOCAL ORDINANCES.] A statutory or home rule 
  8.2   charter city, or a county, may not adopt an ordinance regulating 
  8.3   dangerous or potentially dangerous dogs based solely on the 
  8.4   specific breed of the dog.  Ordinances inconsistent with this 
  8.5   subdivision are void.  
  8.6      Subd. 9.  [CONTRACTED SERVICES.] A county may contract with 
  8.7   another political subdivision or other person to provide the 
  8.8   services required under sections 347.50 to 347.54. 
  8.9      (5) the owner has posted in a location conspicuous to the 
  8.10  public and acceptable to the animal control authority a copy of 
  8.11  the uniform warning symbol issued by the commissioner of public 
  8.12  safety to inform children that there is a dangerous dog on the 
  8.13  property. 
  8.14     Subd. 3.  [DECLARATION; DANGEROUS.] (a) An animal control 
  8.15  authority may declare a dog dangerous if the dog: 
  8.16     (1) without provocation inflicted substantial bodily harm 
  8.17  on a human being on public or private property; 
  8.18     (2) has been found to be potentially dangerous, and after 
  8.19  the owner has notice that the dog is potentially dangerous, the 
  8.20  dog bites, attacks, or endangers the safety of a human on or off 
  8.21  the owner's property or kills a domestic dog or cat while off 
  8.22  the owner's property; or 
  8.23     (3) has been found in circumstances that indicate that the 
  8.24  dog may be used in violation of section 343.31. 
  8.25     (b) An animal control authority may not declare a dog to be 
  8.26  dangerous if: 
  8.27     (1) the dog is used by law enforcement officials for police 
  8.28  work; or 
  8.29     (2) the threat, injury, or damage was sustained by a person 
  8.30  who was: 
  8.31     (i) committing, at the time, a trespass or other tort upon 
  8.32  the premises occupied by the owner of the dog; 
  8.33     (ii) provoking, tormenting, abusing, or assaulting the dog 
  8.34  or who can be shown to have repeatedly, in the past, provoked, 
  8.35  tormented, abused, or assaulted the dog; or 
  8.36     (iii) committing or attempting to commit a crime. 
  9.1      Subd. 4.  [DECLARATION; POTENTIALLY DANGEROUS.] An animal 
  9.2   control authority may declare a dog to be potentially dangerous 
  9.3   if the dog: 
  9.4      (1) without provocation inflicts a bite on a human on 
  9.5   public or private property; 
  9.6      (2) without provocation chases or approaches a person, 
  9.7   including a person on a bicycle, upon the streets, sidewalks, or 
  9.8   any public or private property, other than the dog owner's 
  9.9   property, in an apparent attitude of attack; 
  9.10     (3) has a known propensity, tendency, or disposition to 
  9.11  attack without provocation, causing injury or otherwise 
  9.12  threatening the safety of a human; or 
  9.13     (4) inflicts substantial bodily harm on or kills a domestic 
  9.14  dog or cat while off the owner's property.  
  9.15     Sec. 7.  Minnesota Statutes 1998, section 347.52, is 
  9.16  amended to read: 
  9.17     347.52 [DANGEROUS DOGS; ADDITIONAL REQUIREMENTS.] 
  9.18     (a) An owner of a dangerous dog shall keep the dangerous 
  9.19  dog, while on the owner's property, in a proper enclosure.  If 
  9.20  the dog is outside the proper enclosure, the dog must be muzzled 
  9.21  and restrained by a substantial chain or leash and under the 
  9.22  physical restraint of a responsible person.  The muzzle must be 
  9.23  made in a manner that will prevent the dog from biting any 
  9.24  person or animal but that will not cause injury to the dog or 
  9.25  interfere with its vision or respiration. 
  9.26     (b) An owner of a dangerous dog must renew the registration 
  9.27  of the dog annually until the dog is deceased or removed from 
  9.28  the jurisdiction. 
  9.29     (c) An owner of a dangerous dog must notify the animal 
  9.30  control authority in writing of the death of the dog or its 
  9.31  transfer to a new jurisdiction, and must, if requested by the 
  9.32  animal control authority, execute an affidavit under oath 
  9.33  setting forth either the circumstances of the dog's death and 
  9.34  disposition or the complete name, address, and telephone number 
  9.35  of the person to whom the dog has been transferred. 
  9.36     (d) An animal control authority may require a dangerous dog 
 10.1   to be microchipped or otherwise identified. 
 10.2      (e) An animal control authority may require a dangerous dog 
 10.3   to be sterilized. 
 10.4      (f) A person who owns a dangerous dog and who rents 
 10.5   property from another where the dog will reside must disclose to 
 10.6   the property owner that the person owns a dangerous dog that 
 10.7   will reside at the property. 
 10.8      Sec. 8.  Minnesota Statutes 1998, section 347.53, is 
 10.9   amended to read: 
 10.10     347.53 [POTENTIALLY DANGEROUS DOGS ADDITIONAL REGULATIONS.] 
 10.11     (a) Any statutory or home rule charter city, or any county, 
 10.12  local unit of government may regulate potentially dangerous dogs 
 10.13  impose additional regulations and requirements on dogs or dog 
 10.14  owners not inconsistent with state law.  Except as provided in 
 10.15  section 347.51, subdivision 8, nothing in sections 347.50 to 
 10.16  347.54 limits any restrictions the local jurisdictions may place 
 10.17  on owners of potentially dangerous dogs. 
 10.18     (b) A local unit of government may not regulate dangerous 
 10.19  or potentially dangerous dogs based solely on the specific breed 
 10.20  of the dog.  Ordinances inconsistent with this paragraph are 
 10.21  void. 
 10.22     Sec. 9.  Minnesota Statutes 1998, section 347.54, 
 10.23  subdivision 1, is amended to read: 
 10.24     Subdivision 1.  [SEIZURE.] (a) The animal control authority 
 10.25  having jurisdiction shall may immediately seize any dangerous 
 10.26  dog if: 
 10.27     (1) after 14 days after the owner has notice that the dog 
 10.28  is dangerous and appeal rights have expired, the dog is not 
 10.29  validly registered under section 347.51; 
 10.30     (2) after 14 days after the owner has notice that the dog 
 10.31  is dangerous, the owner does not secure the proper liability 
 10.32  insurance or surety coverage as required under section 347.51, 
 10.33  subdivision 2 the registration under section 347.51 is not 
 10.34  renewed annually; 
 10.35     (3) the dog is not maintained in the proper enclosure; or 
 10.36     (4) the dog is outside the proper enclosure and not under 
 11.1   physical restraint of a responsible person as required under 
 11.2   section 347.52. 
 11.3      (b) If an owner of a dog is convicted of a crime for which 
 11.4   the dog was originally seized misdemeanor or gross misdemeanor 
 11.5   under section 347.55, the court may shall order that the dog be 
 11.6   confiscated and destroyed in a proper and humane manner, and 
 11.7   that the owner pay the costs incurred in confiscating, 
 11.8   confining, and destroying the dog. 
 11.9      Sec. 10.  Minnesota Statutes 1998, section 347.54, 
 11.10  subdivision 2, is amended to read: 
 11.11     Subd. 2.  [RECLAIMED.] A dangerous dog seized under 
 11.12  subdivision 1 may be reclaimed by the owner of the dog upon 
 11.13  payment of impounding and boarding fees, and presenting proof to 
 11.14  the appropriate animal control authority that all of the 
 11.15  requirements of sections 347.51 and 347.52 will be have been 
 11.16  met.  A dog not reclaimed under this subdivision within seven 
 11.17  five business days may be disposed of as provided under section 
 11.18  35.71, subdivision 3, and the owner is liable to the animal 
 11.19  control authority for costs incurred in confiscating, confining, 
 11.20  and disposing of destroying the dog. 
 11.21     Sec. 11.  [347.545] [APPEAL.] 
 11.22     The representative of the animal control authority shall at 
 11.23  or about the time the dog is declared dangerous notify the owner 
 11.24  of the dog of the owner's right to appeal the decision and 
 11.25  determination.  The notice must be in writing and must be 
 11.26  delivered to the owner or an adult on the premises where the 
 11.27  owner resides, or posted on the property.  The notice must 
 11.28  include a copy of this statute and a form and instructions as to 
 11.29  how to perfect an appeal.  
 11.30     The owner has ten days inclusive of the date the notice is 
 11.31  served, weekends, and holidays to serve on the animal control 
 11.32  authority written notice of appeal.  
 11.33     The appeal may be heard by an employee of the political 
 11.34  subdivision or other person retained by the political 
 11.35  subdivision so long as the person is not affiliated with or 
 11.36  supervised by the animal control authority. 
 12.1      The appeal must be conducted in an informal manner.  The 
 12.2   rules of civil procedure and evidence are not applicable.  The 
 12.3   burden of proof is on the animal control authority to prove the 
 12.4   dog dangerous or potentially dangerous by a preponderance of the 
 12.5   evidence; provided that provocation, torment, abuse, and assault 
 12.6   are affirmative defenses.  The hearing need not be transcribed 
 12.7   but may be transcribed at the sole expense of the party that 
 12.8   requests it.  The person hearing the matter shall make written 
 12.9   findings adequate to support the determination made.  
 12.10     Either party may appeal the determination to the district 
 12.11  court.  The judge shall consider the written findings and order 
 12.12  of the hearing officer and no other evidence.  The district 
 12.13  court judge shall uphold the determination of the hearing 
 12.14  officer unless the judge determines that the findings of fact 
 12.15  are inadequate to sustain the determination as a matter of law 
 12.16  or that the hearing officer acted in an arbitrary and capricious 
 12.17  manner. 
 12.18     Sec. 12.  Minnesota Statutes 1998, section 347.55, is 
 12.19  amended to read: 
 12.20     347.55 [PENALTY.] 
 12.21     Any person who violates any provision of section 347.51 or 
 12.22  347.52 (1) Violation of sections 347.50 to 347.545 is guilty of 
 12.23  a misdemeanor.  A second or subsequent violation of those 
 12.24  sections is a gross misdemeanor. 
 12.25     (2) It is a gross misdemeanor to remove a microchip from a 
 12.26  dangerous dog, to fail to account for the dog's death or removal 
 12.27  from the jurisdiction, or to sign a false affidavit with respect 
 12.28  to the dog's death or removal from the jurisdiction. 
 12.29     Sec. 13.  [REPEALER.] 
 12.30     Minnesota Statutes 1998, section 347.54, subdivision 3, is 
 12.31  repealed.