SF 221

4th Engrossment - 82nd Legislature (2001 - 2002) 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 certain dogs; 
  1.5             imposing penalties; amending Minnesota Statutes 2000, 
  1.6             sections 343.235, subdivisions 1 and 3; 347.50; 
  1.7             347.51, subdivisions 1, 2, and by adding subdivisions; 
  1.8             347.52; 347.53; 347.54, subdivisions 1 and 2; and 
  1.9             347.55; proposing coding for new law in Minnesota 
  1.10            Statutes, chapter 347; repealing Minnesota Statutes 
  1.11            2000, sections 347.51, subdivisions 2a, 3, 4, 5, 6, 7, 
  1.12            8, and 9; and 347.54, subdivision 3. 
  1.13  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.14     Section 1.  Minnesota Statutes 2000, section 343.235, 
  1.15  subdivision 1, is amended to read: 
  1.16     Subdivision 1.  [GENERAL RULE.] An animal taken into 
  1.17  custody under section 343.12, 343.22 or, 343.29, or 343.31 may 
  1.18  be humanely disposed of at the discretion of the jurisdiction 
  1.19  having custody of the animal ten days after the animal is taken 
  1.20  into custody, provided that the procedures in subdivision 3 are 
  1.21  followed.  An animal raised for food or fiber products may not 
  1.22  be seized or disposed of without prior examination by a licensed 
  1.23  veterinarian pursuant to a warrant issued by a judge.  
  1.24     Sec. 2.  Minnesota Statutes 2000, section 343.235, 
  1.25  subdivision 3, is amended to read: 
  1.26     Subd. 3.  [NOTICE; RIGHT TO HEARING.] (a) The authority 
  1.27  taking custody of an animal under section 343.12, 343.22 or, 
  1.28  343.29, or 343.31 shall give notice of this section by 
  1.29  delivering or mailing it to a person claiming an interest in the 
  2.1   animal or by posting a copy of it at the place where the animal 
  2.2   is taken into custody or by delivering it to a person residing 
  2.3   on the property, and telephoning, if possible.  The notice must 
  2.4   include: 
  2.5      (1) a description of the animal seized; the authority and 
  2.6   purpose for the seizure; the time, place, and circumstances 
  2.7   under which the animal was seized; and the location, address, 
  2.8   telephone number, and contact person where the animal is kept; 
  2.9      (2) a statement that a person claiming an interest in the 
  2.10  animal may post security to prevent disposition of the animal 
  2.11  and may request a hearing concerning the seizure or impoundment 
  2.12  and that failure to do so within ten days of the date of the 
  2.13  notice will result in disposition of the animal; and 
  2.14     (3) a statement that all actual costs of the care, keeping, 
  2.15  and disposal of the animal are the responsibility of the person 
  2.16  claiming an interest in the animal, except to the extent that a 
  2.17  court or hearing officer finds that the seizure or impoundment 
  2.18  was not substantially justified by law. 
  2.19     The notice must also include a form that can be used by a 
  2.20  person claiming an interest in the animal for requesting a 
  2.21  hearing under this subdivision. 
  2.22     (b) Upon request of a person claiming an interest in the 
  2.23  animal, which request must be made within ten days of the date 
  2.24  of seizure, a hearing must be held within five business days of 
  2.25  the request, to determine the validity of the seizure and 
  2.26  impoundment.  If the seizure was done pursuant to a warrant 
  2.27  under section 343.22, the hearing must be conducted by the judge 
  2.28  who issued the warrant.  If the seizure was done under 
  2.29  section 343.12, 343.29, or 343.31, the municipality taking 
  2.30  custody of the animal or, in the case of a humane society, the 
  2.31  municipality from which the animal was seized, may either (1) 
  2.32  authorize a licensed veterinarian with no financial interest in 
  2.33  the matter or professional association with either party or (2) 
  2.34  use the services of a hearing officer to conduct the hearing.  A 
  2.35  person claiming an interest in the animal who is aggrieved by a 
  2.36  decision of a hearing officer under this subdivision may seek a 
  3.1   court order governing the seizure or impoundment within five 
  3.2   days of notice of the order. 
  3.3      (c) The judge or hearing officer may authorize the return 
  3.4   of the animal, if the judge or hearing officer finds that: 
  3.5      (1) the animal is physically fit; and 
  3.6      (2) the person claiming an interest in the animal can and 
  3.7   will provide the care required by law for the animal. 
  3.8      (d) The person claiming an interest in the animal is liable 
  3.9   for all actual costs of care, keeping, and disposal of the 
  3.10  animal, except to the extent that a court or hearing officer 
  3.11  finds that the seizure or impoundment was not substantially 
  3.12  justified by law.  The costs must be paid in full or a mutually 
  3.13  satisfactory arrangement for payment must be made between the 
  3.14  municipality and the person claiming an interest in the animal 
  3.15  before return of the animal to the person. 
  3.16     Sec. 3.  [347.025] [HARM CAUSED TO SERVICE ANIMAL; CRIMINAL 
  3.17  AND CIVIL LIABILITY.] 
  3.18     Subdivision 1.  [DEFINITIONS.] As used in this section:  
  3.19     (1) "great bodily harm" has the meaning given in section 
  3.20  609.02, subdivision 8; 
  3.21     (2) "service animal" means an animal trained to assist a 
  3.22  person with a disability; 
  3.23     (3) "substantial bodily harm" has the meaning given in 
  3.24  section 609.02, subdivision 7a. 
  3.25     Subd. 2.  [CRIMINAL LIABILITY.] A person who negligently or 
  3.26  intentionally permits a dog owned by the person to run 
  3.27  uncontrolled off the owner's property or who negligently fails 
  3.28  to keep it properly confined is guilty of a misdemeanor if 
  3.29  without provocation the dog kills or causes substantial or great 
  3.30  bodily harm to a service animal. 
  3.31     Subd. 3.  [CIVIL LIABILITY.] An owner of a dog that without 
  3.32  provocation kills or causes substantial or great bodily harm to 
  3.33  a service animal is also civilly liable to the person or 
  3.34  organization who paid for the acquisition and training of the 
  3.35  service animal for the cost of replacing the service animal, 
  3.36  including but not limited to the cost of training the service 
  4.1   animal at a recognized school for seeing eye, hearing ear, 
  4.2   service, or guide animals.  A conviction under this section is 
  4.3   not a prerequisite to civil liability under this subdivision. 
  4.4      Sec. 4.  Minnesota Statutes 2000, section 347.50, is 
  4.5   amended to read: 
  4.6      347.50 [DEFINITIONS.] 
  4.7      Subdivision 1.  [TERMS SCOPE.] For the purpose of The 
  4.8   definitions in this section apply to sections 347.50 to 347.54, 
  4.9   the terms defined in this section have the meanings given 
  4.10  them 347.55.  
  4.11     Subd. 2.  [DANGEROUS DOG.] "Dangerous dog" means any a dog 
  4.12  that has:  
  4.13     (1) without provocation, inflicted substantial bodily harm 
  4.14  on a human being on public or private property; 
  4.15     (2) killed a domestic animal without provocation while off 
  4.16  the owner's property; or 
  4.17     (3) been found to be potentially dangerous, and after the 
  4.18  owner has notice that the dog is potentially dangerous, the dog 
  4.19  aggressively bites, attacks, or endangers the safety of humans 
  4.20  or domestic animals been declared dangerous by an animal control 
  4.21  authority.  
  4.22     Subd. 2a.  [DESTRUCTIVE DOG.] "Destructive dog" means a dog 
  4.23  that has been declared destructive by an animal control 
  4.24  authority. 
  4.25     Subd. 3.  [POTENTIALLY DANGEROUS DOG.] "Potentially 
  4.26  dangerous dog" means any a dog that: 
  4.27     (1) when unprovoked, inflicts bites on a human or domestic 
  4.28  animal on public or private property; 
  4.29     (2) when unprovoked, chases or approaches a person, 
  4.30  including a person on a bicycle, upon the streets, sidewalks, or 
  4.31  any public or private property, other than the dog owner's 
  4.32  property, in an apparent attitude of attack; or 
  4.33     (3) has a known propensity, tendency, or disposition to 
  4.34  attack unprovoked, causing injury or otherwise threatening the 
  4.35  safety of humans or domestic animals has been declared 
  4.36  potentially dangerous by an animal control authority. 
  5.1      Subd. 3a.  [POTENTIALLY DESTRUCTIVE DOG.] "Potentially 
  5.2   destructive dog" means a dog that has been declared potentially 
  5.3   destructive by an animal control authority. 
  5.4      Subd. 4.  [PROPER ENCLOSURE.] "Proper enclosure" means 
  5.5   securely confined indoors or in a securely enclosed and locked 
  5.6   pen or structure suitable to prevent the animal dog from 
  5.7   escaping and providing protection from the elements for the 
  5.8   dog.  A "Proper enclosure" does not include a porch, patio, or 
  5.9   any part of a house, garage, or other structure that would allow 
  5.10  the dog to exit of its own volition, or any house or structure 
  5.11  in which windows are open or in which door or window screens are 
  5.12  the only obstacles that prevent the dog from exiting.  
  5.13     Subd. 4a.  [OWN.] "Own" means possess, harbor, keep, have 
  5.14  an interest in, or have the care, custody, or control of a dog. 
  5.15     Subd. 5.  [OWNER.] "Owner" means any a person, firm, 
  5.16  corporation, organization, or department possessing, harboring, 
  5.17  keeping, having an interest in, or having care, custody, or 
  5.18  control of who owns a dog.  
  5.19     Subd. 6.  [SUBSTANTIAL BODILY HARM.] "Substantial bodily 
  5.20  harm" has the meaning given it under in section 609.02, 
  5.21  subdivision 7a.  
  5.22     Subd. 6a.  [GREAT BODILY HARM.] "Great bodily harm" has the 
  5.23  meaning given in section 609.02, subdivision 8. 
  5.24     Subd. 7.  [ANIMAL CONTROL AUTHORITY.] "Animal control 
  5.25  authority" means an agency of the state, county, municipality, 
  5.26  or other governmental subdivision of the state which the agency 
  5.27  that is responsible for animal control operations in its 
  5.28  jurisdiction. 
  5.29     Sec. 5.  Minnesota Statutes 2000, section 347.51, 
  5.30  subdivision 1, is amended to read: 
  5.31     Subdivision 1.  [REQUIREMENT.] No person may own a 
  5.32  dangerous or destructive dog in this state unless the dog is 
  5.33  kept in a proper enclosure and registered as provided in this 
  5.34  section.  
  5.35     Sec. 6.  Minnesota Statutes 2000, section 347.51, is 
  5.36  amended by adding a subdivision to read: 
  6.1      Subd. 1a.  [DANGEROUS OR DESTRUCTIVE DESIGNATION AND 
  6.2   APPEAL.] The representative of an animal control authority may 
  6.3   declare a dog to be a dangerous, destructive, potentially 
  6.4   dangerous, or potentially destructive dog.  The owner of a dog 
  6.5   designated dangerous or destructive has ten days to appeal the 
  6.6   designation in accordance with section 347.545.  Pending the 
  6.7   outcome of the appeal, the dog must be kept in a proper 
  6.8   enclosure by the owner or may be maintained in the custody of 
  6.9   the animal control authority as provided by section 347.54, 
  6.10  subdivision 1. 
  6.11     Sec. 7.  Minnesota Statutes 2000, section 347.51, 
  6.12  subdivision 2, is amended to read: 
  6.13     Subd. 2.  [REGISTRATION FOR DANGEROUS AND DESTRUCTIVE 
  6.14  DOGS.] A county An animal control authority shall issue a 
  6.15  certificate of registration to the owner of a dangerous or 
  6.16  destructive dog if the owner presents sufficient evidence that:  
  6.17     (1) a proper enclosure exists for the dangerous or 
  6.18  destructive dog and a posting on the premises with a clearly 
  6.19  visible warning sign, including a warning symbol to inform 
  6.20  children, that there is a dangerous dog on the property; and 
  6.21     (2) a surety bond issued by a surety company authorized to 
  6.22  conduct business in this state in a form acceptable to the 
  6.23  county in the sum of at least $50,000, payable to any person 
  6.24  injured by the dangerous dog, or a policy of liability insurance 
  6.25  issued by an insurance company authorized to conduct business in 
  6.26  this state in the amount of at least $50,000, insuring the owner 
  6.27  for any personal injuries inflicted by the dangerous dog; 
  6.28     (2) the owner has paid an annual fee of not more than 
  6.29  $1,000, in addition to any regular dog licensing fees, to obtain 
  6.30  a certificate of registration for a dangerous or destructive dog 
  6.31  under this section; 
  6.32     (3) the owner has attached to the dog the standardized tag 
  6.33  identifying the dog as dangerous or destructive and containing 
  6.34  the uniform dangerous dog symbol, affixed to the dog's collar at 
  6.35  all times; 
  6.36     (4) the owner has posted in a location conspicuous to the 
  7.1   public and acceptable to the animal control authority a copy of 
  7.2   the uniform warning symbol issued by the commissioner of public 
  7.3   safety to inform children that there is a dangerous or 
  7.4   destructive dog on the property; and 
  7.5      (5) the owner has had microchip identification implanted in 
  7.6   the dangerous or destructive dog as required under section 
  7.7   347.515. 
  7.8      Sec. 8.  Minnesota Statutes 2000, section 347.51, is 
  7.9   amended by adding a subdivision to read: 
  7.10     Subd. 2b.  [ADDITIONAL REGISTRATION REQUIREMENT FOR 
  7.11  DANGEROUS DOGS.] In addition to the requirements in subdivision 
  7.12  2, the owner of a dangerous dog must purchase a surety bond 
  7.13  issued by a surety company authorized to conduct business in 
  7.14  this state in the sum of at least $50,000, payable to any person 
  7.15  injured by the dangerous dog, a policy of liability insurance 
  7.16  issued by an insurance company authorized to conduct business in 
  7.17  this state in the amount of at least $50,000, insuring the owner 
  7.18  for any personal injuries inflicted by the dangerous dog, or a 
  7.19  letter of credit under section 336.5-102 in the amount of at 
  7.20  least $50,000 on behalf of any person injured by the dangerous 
  7.21  dog. 
  7.22     Sec. 9.  Minnesota Statutes 2000, section 347.51, is 
  7.23  amended by adding a subdivision to read: 
  7.24     Subd. 3a.  [DECLARATION; DANGEROUS.] (a) An animal control 
  7.25  authority may declare a dog dangerous if the dog: 
  7.26     (1) without provocation inflicted substantial bodily harm 
  7.27  or great bodily harm on a human being on public or private 
  7.28  property; or 
  7.29     (2) had been found to be potentially dangerous, and after 
  7.30  the owner has notice that the dog is potentially dangerous, the 
  7.31  dog without provocation aggressively bit, attacked, or 
  7.32  endangered the safety of a human on or off the owner's property. 
  7.33     Sec. 10.  Minnesota Statutes 2000, section 347.51, is 
  7.34  amended by adding a subdivision to read: 
  7.35     Subd. 4a.  [DECLARATION; DESTRUCTIVE.] An animal control 
  7.36  authority may declare a dog to be destructive if the dog: 
  8.1      (1) kills a domestic animal while off the owner's property; 
  8.2   or 
  8.3      (2) has been found to be potentially destructive, and after 
  8.4   the owner has notice that the dog is potentially destructive, 
  8.5   the dog without provocation inflicts a bite on a domestic animal 
  8.6   while off the owner's property. 
  8.7      Sec. 11.  Minnesota Statutes 2000, section 347.51, is 
  8.8   amended by adding a subdivision to read: 
  8.9      Subd. 4b.  [DECLARATION; POTENTIALLY DANGEROUS.] An animal 
  8.10  control authority may declare a dog to be potentially dangerous 
  8.11  if the dog: 
  8.12     (1) without provocation inflicted a bite on a human on 
  8.13  public or private property; or 
  8.14     (2) without provocation chased or approached a person, 
  8.15  including a person on a bicycle, upon the streets, sidewalks, or 
  8.16  any public or private property, other than the dog owner's 
  8.17  property, in an apparent attitude of attack; or 
  8.18     (3) has a known propensity, tendency, or disposition to 
  8.19  attack without provocation, causing injury or otherwise 
  8.20  threatening the safety of a human.  
  8.21     Sec. 12.  Minnesota Statutes 2000, section 347.51, is 
  8.22  amended by adding a subdivision to read: 
  8.23     Subd. 4c.  [DECLARATION; POTENTIALLY DESTRUCTIVE.] An 
  8.24  animal control authority may declare a dog to be potentially 
  8.25  destructive if the dog without provocation inflicted a bite on a 
  8.26  domestic animal while off the owner's property. 
  8.27     Sec. 13.  Minnesota Statutes 2000, section 347.51, is 
  8.28  amended by adding a subdivision to read:  
  8.29     Subd. 4d.  [PROVOCATION OR PROVOKING DEFINED.] In this 
  8.30  section "provocation" or "provoking" means an act that a 
  8.31  reasonable person would expect to cause a dog to bite. 
  8.32     Sec. 14.  Minnesota Statutes 2000, section 347.51, is 
  8.33  amended by adding a subdivision to read: 
  8.34     Subd. 4e.  [DECLARATION; EXEMPTIONS.] An animal control 
  8.35  authority may not declare a dog to be dangerous, destructive, 
  8.36  potentially dangerous, or potentially destructive if: 
  9.1      (1) the dog is used by law enforcement officials for police 
  9.2   work; 
  9.3      (2) the threat, injury, or damage was sustained by a person 
  9.4   who was: 
  9.5      (i) committing, at the time, a trespass or other tort upon 
  9.6   the premises occupied by the owner of the dog; 
  9.7      (ii) provoking, tormenting, abusing, or assaulting the dog 
  9.8   or who can be shown to have repeatedly, in the past, provoked, 
  9.9   tormented, abused, or assaulted the dog; or 
  9.10     (iii) committing or attempting to commit a crime; or 
  9.11     (3) the dog is a service dog attempting to protect itself 
  9.12  or its owner against an attack by a human or another animal. 
  9.13     Sec. 15.  Minnesota Statutes 2000, section 347.51, is 
  9.14  amended by adding a subdivision to read: 
  9.15     Subd. 4f.  [DANGEROUS OR DESTRUCTIVE DOG DESIGNATION 
  9.16  REVIEW.] Beginning six months after a dog is declared a 
  9.17  dangerous dog, under subdivision 3a, or a destructive dog, under 
  9.18  subdivision 4a, an owner may request that the animal control 
  9.19  authority review the designation.  The owner must provide 
  9.20  evidence that the dog's behavior has changed due to the dog's 
  9.21  age, neutering, environment, completion of obedience training 
  9.22  that includes modification of aggressive behavior, or other 
  9.23  factors.  If the animal control authority finds sufficient 
  9.24  evidence that the dog's behavior has changed, the authority may 
  9.25  rescind the dangerous dog or destructive dog designation. 
  9.26     Sec. 16.  [347.515] [MICROCHIP IDENTIFICATION.] 
  9.27     The owner of a dangerous, destructive, potentially 
  9.28  dangerous, or potentially destructive dog must have a microchip 
  9.29  implanted in the dog for identification, and the name of the 
  9.30  microchip manufacturer and identification number of the 
  9.31  microchip must be provided to the animal control authority.  If 
  9.32  the microchip is not implanted by the owner, it may be implanted 
  9.33  by the animal control authority.  In either case, all costs 
  9.34  related to purchase and implantation of the microchip must be 
  9.35  borne by the dog's owner. 
  9.36     Sec. 17.  Minnesota Statutes 2000, section 347.52, is 
 10.1   amended to read: 
 10.2      347.52 [DANGEROUS OR DESTRUCTIVE DOGS; ADDITIONAL 
 10.3   REQUIREMENTS.] 
 10.4      (a) An owner of a dangerous or destructive dog shall keep 
 10.5   the dangerous dog, while on the owner's property, in a proper 
 10.6   enclosure.  If the dog is outside the proper enclosure, the dog 
 10.7   must be muzzled and restrained by a substantial chain or leash 
 10.8   and under the physical restraint of a responsible person.  The 
 10.9   muzzle must be made in a manner that will prevent the dog from 
 10.10  biting any person or animal but that will not cause injury to 
 10.11  the dog or interfere with its vision or respiration. 
 10.12     (b) An owner of a dangerous or destructive dog must renew 
 10.13  the registration of the dog annually until the dog is deceased.  
 10.14  If the dog is removed from the jurisdiction, it must be 
 10.15  registered as a dangerous or destructive dog in its new 
 10.16  jurisdiction. 
 10.17     (c) An owner of a dangerous or destructive dog must notify 
 10.18  the animal control authority in writing of the death of the dog 
 10.19  or its transfer to a new jurisdiction, and must, if requested by 
 10.20  the animal control authority, execute an affidavit under oath 
 10.21  setting forth either the circumstances of the dog's death and 
 10.22  disposition or the complete name, address, and telephone number 
 10.23  of the person to whom the dog has been transferred. 
 10.24     (d) An animal control authority may require a dangerous or 
 10.25  destructive dog to be sterilized at the owner's expense.  If the 
 10.26  owner does not have the animal sterilized, the animal control 
 10.27  authority may have the animal sterilized at the owner's expense. 
 10.28     (e) A person who owns a dangerous or destructive dog and 
 10.29  who rents property from another where the dog will reside must 
 10.30  disclose to the property owner that the person owns a dangerous 
 10.31  or destructive dog that will reside at the property. 
 10.32     Sec. 18.  Minnesota Statutes 2000, section 347.53, is 
 10.33  amended to read: 
 10.34     347.53 [POTENTIALLY DANGEROUS DOGS ADDITIONAL REGULATIONS.] 
 10.35     (a) Any statutory or home rule charter city, or any county, 
 10.36  local unit of government may regulate potentially dangerous dogs 
 11.1   impose additional regulations and requirements on dogs or dog 
 11.2   owners not inconsistent with state law.  Except as provided in 
 11.3   section 347.51, subdivision 8, nothing in sections 347.50 to 
 11.4   347.54 limits any restrictions the local jurisdictions may place 
 11.5   on owners of potentially dangerous dogs. 
 11.6      (b) A local unit of government may not regulate dangerous, 
 11.7   destructive, potentially dangerous, or potentially destructive 
 11.8   dogs based solely on the specific breed of the dog.  Ordinances 
 11.9   inconsistent with this paragraph are void. 
 11.10     Sec. 19.  Minnesota Statutes 2000, section 347.54, 
 11.11  subdivision 1, is amended to read: 
 11.12     Subdivision 1.  [SEIZURE.] (a) The animal control authority 
 11.13  having jurisdiction shall may immediately seize any dangerous or 
 11.14  destructive dog if: 
 11.15     (1) after 14 days after the owner has notice that the dog 
 11.16  is dangerous or destructive and appeal rights have expired, the 
 11.17  dog is not validly registered under section 347.51; 
 11.18     (2) after 14 days after the owner has notice that the dog 
 11.19  is dangerous, the owner does not secure the proper liability 
 11.20  insurance or surety coverage as required under section 347.51, 
 11.21  subdivision 2 the registration under section 347.51 is not 
 11.22  renewed annually; 
 11.23     (3) the dog is not maintained in the proper enclosure; or 
 11.24     (4) the dog is outside the proper enclosure and not under 
 11.25  physical restraint of a responsible person as required under 
 11.26  section 347.52; or 
 11.27     (5) the dog has inflicted substantial bodily harm or great 
 11.28  bodily harm on a human being and in the opinion of the animal 
 11.29  control authority constitutes an imminent threat to public 
 11.30  health or safety. 
 11.31     (b) If an owner of a dog is convicted of a crime for which 
 11.32  the dog was originally seized misdemeanor under section 347.55, 
 11.33  the court may shall order that the dog be confiscated and 
 11.34  destroyed in a proper and humane manner, and that the owner pay 
 11.35  the costs incurred in confiscating, confining, and destroying 
 11.36  the dog. 
 12.1      Sec. 20.  Minnesota Statutes 2000, section 347.54, 
 12.2   subdivision 2, is amended to read: 
 12.3      Subd. 2.  [RECLAIMED.] A dangerous or destructive dog 
 12.4   seized under subdivision 1 may be reclaimed by the owner of the 
 12.5   dog upon payment of impounding and boarding fees, and presenting 
 12.6   proof to the appropriate animal control authority that all of 
 12.7   the requirements of sections 347.51 and 347.52 will be to 347.53 
 12.8   have been met.  A dog not reclaimed under this subdivision 
 12.9   within seven five regular business days may be disposed of as 
 12.10  provided under section 35.71, subdivision 3, and the owner is 
 12.11  liable to the animal control authority for costs incurred 
 12.12  in confiscating, confining, and disposing of destroying the dog. 
 12.13     Sec. 21.  [347.545] [APPEAL.] 
 12.14     The representative of the animal control authority shall, 
 12.15  at or about the time the dog is declared dangerous or 
 12.16  destructive, notify the owner of the dog of the owner's right to 
 12.17  appeal the decision and determination.  The notice must be in 
 12.18  writing and must be delivered to the owner or an adult on the 
 12.19  premises where the owner resides or posted on the property.  The 
 12.20  notice must include a copy of this statute and a form and 
 12.21  instructions as to how to perfect an appeal.  
 12.22     The owner has ten days inclusive of the date the notice is 
 12.23  served, weekends, and holidays to serve on the animal control 
 12.24  authority written notice of appeal.  
 12.25     The appeal may be heard by an employee of the political 
 12.26  subdivision or other person retained by the political 
 12.27  subdivision. 
 12.28     The appeal must be conducted in an informal manner.  The 
 12.29  rules of civil procedure and evidence are not applicable.  The 
 12.30  burden of proof is on the animal control authority to prove the 
 12.31  dog dangerous or destructive by a preponderance of the evidence; 
 12.32  provided that provocation, torment, abuse, and assault are 
 12.33  affirmative defenses.  The hearing need not be transcribed but 
 12.34  may be transcribed at the sole expense of the party that 
 12.35  requests it.  The person hearing the matter shall make written 
 12.36  findings adequate to support the determination made.  
 13.1      Either party may appeal the determination to the district 
 13.2   court.  The judge shall consider the written findings and order 
 13.3   of the hearing officer and no other evidence.  The district 
 13.4   court judge shall uphold the determination of the hearing 
 13.5   officer unless the judge determines that the findings of fact 
 13.6   are inadequate to sustain the determination as a matter of law 
 13.7   or that the hearing officer acted in an arbitrary and capricious 
 13.8   manner. 
 13.9      Sec. 22.  Minnesota Statutes 2000, section 347.55, is 
 13.10  amended to read: 
 13.11     347.55 [PENALTY.] 
 13.12     Any person who violates any provision of section 347.51 or 
 13.13  347.52 (1) Violation of sections 347.51 to 347.54 is guilty of a 
 13.14  misdemeanor. 
 13.15     (2) It is a misdemeanor to remove a microchip from a 
 13.16  dangerous, destructive, potentially dangerous, or potentially 
 13.17  destructive dog, to fail to account for the dog's death or 
 13.18  removal from the jurisdiction, or to sign a false affidavit with 
 13.19  respect to the dog's death or removal from the jurisdiction. 
 13.20     Sec. 23.  [REPEALER.] 
 13.21     Minnesota Statutes 2000, sections 347.51, subdivisions 2a, 
 13.22  3, 4, 5, 6, 7, 8, and 9; and 347.54, subdivision 3, are repealed.
 13.23     Sec. 24.  [EFFECTIVE DATE.] 
 13.24     This act is effective August 1, 2001.  Sections 3 and 22 
 13.25  apply to crimes committed on or after that date.