SF 769

as introduced - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to animals; imposing limits on ownership and 
  1.3             possession of certain dangerous animals; requiring 
  1.4             registration; providing criminal penalties; proposing 
  1.5             coding for new law in Minnesota Statutes, chapter 145. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  [145.366] [OWNING DANGEROUS ANIMALS.] 
  1.8      Subdivision 1.  [DEFINITIONS.] (a) The definitions in this 
  1.9   subdivision apply to this section. 
  1.10     (b) "Person" means any person, firm, partnership, 
  1.11  corporation, or association. 
  1.12     (c) "Wildlife sanctuary" means a 501(c)(3) nonprofit 
  1.13  organization that: 
  1.14     (1) operates a place of refuge where abused, neglected, 
  1.15  unwanted, impounded, abandoned, orphaned, or displaced wildlife 
  1.16  are provided care for their lifetime; 
  1.17     (2) does not conduct any commercial activity with respect 
  1.18  to any animal of which the organization is an owner; 
  1.19     (3) does not buy, sell, trade, auction, lease, loan, or 
  1.20  breed any animal of which the organization is an owner, except 
  1.21  as an integral part of the species survival plan of the American 
  1.22  Zoo and Aquarium Association; and 
  1.23     (4) is accredited by the American Sanctuary Association or 
  1.24  the Association of Sanctuaries. 
  1.25     (d) "Possess" means to own, care for, have custody of, or 
  2.1   control. 
  2.2      (e) "Prohibited animal" means: 
  2.3      (1) all members of the Felidae family except domestic cats, 
  2.4   including, but not limited to, lions, tigers, cougars, leopards, 
  2.5   cheetahs, ocelots, and servals; 
  2.6      (2) bears; and 
  2.7      (3) all nonhuman primates, including, but not limited to, 
  2.8   lemurs, monkeys, chimpanzees, gorillas, orangutans, marmosets, 
  2.9   lorises, and tamarins. 
  2.10     Prohibited animal includes any hybrid or cross between an 
  2.11  animal listed in clause (1), (2), or (3) and a domestic animal 
  2.12  and offspring from all subsequent generations of those crosses 
  2.13  or hybrids. 
  2.14     Subd. 2.  [POSSESSION OF PROHIBITED ANIMALS.] (a) It is 
  2.15  unlawful for a person to possess a prohibited animal. 
  2.16     (b) A person who possesses a prohibited animal on the 
  2.17  effective date of this section has 90 days to come into 
  2.18  compliance with regulations promulgated by the United States 
  2.19  Department of Agriculture for prohibited animals under the 
  2.20  Animal Welfare Act, Public Law 89-544, and its subsequent 
  2.21  amendments, and the regulations adopted under that act relating 
  2.22  to facilities and operations, animal health and husbandry, and 
  2.23  veterinary care for prohibited animals. 
  2.24     (c) A person must not take possession of a prohibited 
  2.25  animal after the effective date of this section. 
  2.26     (d) A person must not allow prohibited animals in their 
  2.27  possession to breed after the effective date of this section. 
  2.28     (e) A person who possesses a prohibited animal pursuant to 
  2.29  a valid state or federal license or permit prior to the 
  2.30  effective date of this section may continue to possess the 
  2.31  animal according to the terms of the license or permit.  No 
  2.32  prohibited animal acquired after the effective date of this 
  2.33  section shall be brought into possession in the state of 
  2.34  Minnesota. 
  2.35     (f) It is unlawful for a person in control of real property 
  2.36  to knowingly permit another person to possess a prohibited 
  3.1   animal on that property, except in compliance with this section. 
  3.2      Subd. 3.  [REGISTRATION.] (a) Within 30 days after the 
  3.3   effective date of this section, a person who possesses a 
  3.4   prohibited animal must notify in writing the animal control 
  3.5   authority using a registration form prepared by the animal 
  3.6   control authority.  The notification shall include the person's 
  3.7   name, address, telephone number, and a complete inventory of 
  3.8   each prohibited animal that the person possesses.  The inventory 
  3.9   shall include the following information:  number and species of 
  3.10  each prohibited animal; the microchip number and manufacturer 
  3.11  for each prohibited animal; the exact location where each 
  3.12  prohibited animal is kept; and age, sex, color, weight, scars, 
  3.13  and any distinguishing marks of each prohibited animal. 
  3.14     (b) A person who possesses a prohibited animal must have a 
  3.15  microchip implanted in the animal for identification and the 
  3.16  name of the microchip manufacturer and identification number of 
  3.17  the microchip must be provided to the animal control authority.  
  3.18  A person who possesses a prohibited animal is responsible for 
  3.19  all costs related to purchase and implantation of the 
  3.20  microchip.  This subdivision does not apply to a prohibited 
  3.21  animal if a Minnesota licensed veterinarian determines, and 
  3.22  states in writing, that the placement of a microchip would 
  3.23  endanger the well-being of the prohibited animal. 
  3.24     (c) The animal control authority may charge a reasonable 
  3.25  fee to register a prohibited animal. 
  3.26     Subd. 4.  [REQUIREMENTS.] (a) A person who possesses a 
  3.27  prohibited animal must maintain health and ownership records on 
  3.28  each animal and must maintain the records for the life of the 
  3.29  animal. 
  3.30     (b) A person who possesses a prohibited animal must notify 
  3.31  the animal control authority in writing within ten days of a 
  3.32  change in address or location where the prohibited animal is 
  3.33  kept.  
  3.34     (c) A person who possesses a prohibited animal shall 
  3.35  prominently display a sign at each entrance of the premises that 
  3.36  states "No Trespassing-Dangerous Animal" or similar terms 
  4.1   indicating that a prohibited animal is on the premises. 
  4.2      (d) A person who possesses a prohibited animal must 
  4.3   immediately notify local law enforcement officials of any escape 
  4.4   of a prohibited animal.  The person who possesses the prohibited 
  4.5   animal is liable for any costs incurred by any person, city, 
  4.6   county, or state agency resulting from the escape of a 
  4.7   prohibited animal. 
  4.8      (e) No person may move a prohibited animal from its 
  4.9   location, except by permit from the animal control authority, 
  4.10  with the exception of taking the animal to a Minnesota licensed 
  4.11  veterinarian. 
  4.12     (f) If a person who possesses a prohibited animal can no 
  4.13  longer care for the animal, the person shall take steps to find 
  4.14  long-term placement for the prohibited animal with a wildlife 
  4.15  sanctuary or a Minnesota licensed wildlife rehabilitator. 
  4.16     Subd. 5.  [SEIZURE.] (a) If a person who possesses a 
  4.17  prohibited animal is not in compliance with the requirements of 
  4.18  this section, the animal control authority shall take possession 
  4.19  of the animal for custody and care, provided that the procedures 
  4.20  in this subdivision are followed. 
  4.21     (b) Upon request of a person possessing a prohibited 
  4.22  animal, the animal control authority may allow the animal to 
  4.23  remain in the physical custody of the owner for ten days, during 
  4.24  which time the owner shall take all necessary actions to come in 
  4.25  compliance with this section.  During the ten-day period, the 
  4.26  animal control authority shall inspect, at any reasonable time, 
  4.27  the premises where the animal is kept.  
  4.28     (c) If a person who possesses a prohibited animal is not in 
  4.29  compliance with this section following the ten-day period 
  4.30  described in paragraph (b), the animal control authority shall 
  4.31  seize the animal and place it in a holding facility that is 
  4.32  appropriate for the species for up to ten days.  The authority 
  4.33  taking custody of an animal under this section shall provide a 
  4.34  notice of the seizure by delivering or mailing it to the owner, 
  4.35  by posting a copy of it at the place where the animal is taken 
  4.36  into custody, or by delivering it to a person residing on the 
  5.1   property and informing the owner by telephone, if possible.  The 
  5.2   notice must include: 
  5.3      (1) a description of the animal seized; the authority for 
  5.4   and purpose of the seizure; the time, place, and circumstances 
  5.5   under which the animal was seized; and the location, address, 
  5.6   telephone number, and contact person where the animal is kept; 
  5.7      (2) a statement that a person who possesses a prohibited 
  5.8   animal may post security to prevent disposition of the animal 
  5.9   and may request a hearing concerning the seizure and that 
  5.10  failure to do so within five business days of the date of the 
  5.11  notice will result in disposition of the animal; 
  5.12     (3) a statement that actual costs of the care, keeping, and 
  5.13  disposal of the prohibited animal are the responsibility of the 
  5.14  person who possesses the animal, except to the extent that a 
  5.15  court or hearing officer finds that the seizure or impoundment 
  5.16  was not substantially justified by law; and 
  5.17     (4) a form that can be used by a person who possesses a 
  5.18  prohibited animal for requesting a hearing under this 
  5.19  subdivision. 
  5.20     (d) If a person who possesses the prohibited animal makes a 
  5.21  request within five business days of the seizure, a hearing must 
  5.22  be held within five business days of the request to determine 
  5.23  the validity of the seizure and disposition of the animal.  The 
  5.24  judge or hearing officer may authorize the return of the animal 
  5.25  to the person who possesses the animal if the judge or hearing 
  5.26  officer finds: 
  5.27     (1) that the person can and will provide the care required 
  5.28  by law for the prohibited animal; and 
  5.29     (2) the prohibited animal is physically fit. 
  5.30     (e) If a judge or hearing officer orders a permanent 
  5.31  disposition of the prohibited animal, the animal control 
  5.32  authority may take steps to find long-term placement for the 
  5.33  animal with a wildlife sanctuary or a Minnesota licensed 
  5.34  wildlife rehabilitator. 
  5.35     (f) A person who possesses a prohibited animal that is 
  5.36  seized is liable for all actual costs of care, keeping, and 
  6.1   disposal of the animal, except to the extent that a court or 
  6.2   hearing officer finds that the seizure was not substantially 
  6.3   justified by law.  The costs must be paid in full or a mutually 
  6.4   satisfactory arrangement for payment must be made between the 
  6.5   municipality and the person claiming an interest in the animal 
  6.6   before return of the animal to the person. 
  6.7      (g) A person who possesses a prohibited animal in custody 
  6.8   under this subdivision may prevent disposition of the animal by 
  6.9   posting security in an amount sufficient to provide for the 
  6.10  actual costs of care and keeping of the animal.  The security 
  6.11  must be posted within five days of the seizure inclusive of the 
  6.12  day of seizure. 
  6.13     (h) If exigent circumstances exist threatening the life of 
  6.14  a person or the life of any animal, local law enforcement or the 
  6.15  animal control authority shall seize a prohibited animal without 
  6.16  an opportunity for hearing or court order. 
  6.17     Subd. 6.  [DISPOSAL OF ANIMALS.] Upon proper determination 
  6.18  by a Minnesota licensed veterinarian, any prohibited animal 
  6.19  taken into custody under this section may be immediately 
  6.20  disposed of when the prohibited animal is suffering and is 
  6.21  beyond cure through reasonable care and treatment.  The 
  6.22  authority taking custody of the prohibited animal may recover 
  6.23  all costs incurred under this section. 
  6.24     Subd. 7.  [EXEMPTIONS.] This section does not apply to: 
  6.25     (1) institutions accredited by the American Zoo and 
  6.26  Aquarium Association; 
  6.27     (2) a wildlife sanctuary; 
  6.28     (3) fur-bearing animals, as defined in section 97A.015, 
  6.29  possessed by a game farm that is licensed under section 97A.105 
  6.30  or bears possessed by a game farm that is licensed under section 
  6.31  97A.105; 
  6.32     (4) a Minnesota licensed wildlife rehabilitator; 
  6.33     (5) a Minnesota licensed or accredited research or medical 
  6.34  institution; or 
  6.35     (6) a circus that obtains a permit from the municipality in 
  6.36  which it will be temporarily operating. 
  7.1      Subd. 8.  [PENALTY.] A person who knowingly violates 
  7.2   subdivisions 2, 3, or 4 is guilty of a misdemeanor.