SF 1765

as introduced - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act
  1.2             relating to animals; clarifying procedures for the 
  1.3             seizure and disposition of animals; amending Minnesota 
  1.4             Statutes 1994, sections 343.235; 343.29, subdivision 
  1.5             1; and 346.57, subdivision 2. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  Minnesota Statutes 1994, section 343.235, is 
  1.8   amended to read: 
  1.9      343.235 [DISPOSITION OF SEIZED ANIMALS.] 
  1.10     Subdivision 1.  [GENERAL RULE.] An animal taken into 
  1.11  custody under section 343.22 or 343.29 may be humanely disposed 
  1.12  of at the discretion of the jurisdiction having custody of the 
  1.13  animal seven ten days after the animal is taken into custody, 
  1.14  provided that the procedures in subdivision 3 are followed.  An 
  1.15  animal raised for food or fiber products shall not be seized or 
  1.16  disposed of without prior examination by a licensed veterinarian 
  1.17  pursuant to a warrant issued by a judge.  
  1.18     Subd. 2.  [SECURITY.] A person claiming an interest in an 
  1.19  animal in custody under subdivision 1 may prevent disposition of 
  1.20  the animal by posting a bond or security in an amount sufficient 
  1.21  to provide for the animal's actual costs of care and keeping for 
  1.22  at least 30 days, inclusive of the date on which the animal was 
  1.23  taken into custody.  Even if a bond or security is posted, the 
  1.24  authority having custody of the animal may humanely dispose of 
  1.25  the animal at the end of the time for which expenses of care and 
  2.1   keeping are covered by the bond or security, unless there is a 
  2.2   court order prohibiting the disposition.  The order must provide 
  2.3   for a bond or other security in the amount necessary to protect 
  2.4   the authority having custody of the animal from any cost of the 
  2.5   care, keeping, or disposal of the animal.  The security must be 
  2.6   posted within ten days of the seizure inclusive of the date of 
  2.7   the seizure.  
  2.8      Subd. 3.  [NOTICE; RIGHT TO HEARING.] (a) The authority 
  2.9   taking custody of an animal under section 343.22 or 343.29 shall 
  2.10  give notice of this section by delivering or mailing it to a 
  2.11  person claiming an interest in the animal or by posting a copy 
  2.12  of it at the place where the animal is taken into custody or by 
  2.13  delivering it to a person residing on the property., and 
  2.14  telephoning, if possible.  The notice must include: 
  2.15     (1) a description of the animal seized; the authority and 
  2.16  purpose for the seizure; the time, place, and circumstances 
  2.17  under which the animal was seized; and the location, address, 
  2.18  telephone number, and contact person where the animal is kept; 
  2.19     (2) a statement that a person claiming an interest in the 
  2.20  animal may post security to prevent disposition of the animal 
  2.21  and may request a hearing concerning the seizure or impoundment 
  2.22  and that failure to do so within ten days of the date of the 
  2.23  notice will result in disposition of the animal; and 
  2.24     (3) a statement that all actual and direct costs of the 
  2.25  care, keeping, and disposal of the animal are the responsibility 
  2.26  of the person claiming an interest in the animal, except to the 
  2.27  extent that a court or hearing officer finds that the seizure or 
  2.28  impoundment was not substantially justified by law. 
  2.29     The notice must also include a form that can be used by a 
  2.30  person claiming an interest in the animal for requesting a 
  2.31  hearing under this subdivision. 
  2.32     (b) Upon request of a person claiming an interest in the 
  2.33  animal, which request must be made within ten days of the date 
  2.34  of seizure, a hearing must be held within five business days of 
  2.35  the request, to determine the validity of the seizure and 
  2.36  impoundment.  If the seizure was done pursuant to a warrant 
  3.1   under section 343.22, the hearing must be conducted by the judge 
  3.2   who issued the warrant.  If the seizure was done under section 
  3.3   343.29, the municipality taking custody of the animal or, in the 
  3.4   case of a humane society, the municipality from which the animal 
  3.5   was seized, may either (1) authorize a licensed veterinarian 
  3.6   with no financial interest in the matter or professional 
  3.7   association with either party, or (2) use the services of a 
  3.8   hearing officer to conduct the hearing.  A person claiming an 
  3.9   interest in the animal who is aggrieved by a decision of a 
  3.10  hearing officer under this subdivision may seek a court order 
  3.11  governing the seizure or impoundment within five days of notice 
  3.12  of the order. 
  3.13     (c) The judge or hearing officer may authorize the return 
  3.14  of the animal, if the judge or hearing officer finds that: 
  3.15     (1) the animal is physically fit; and 
  3.16     (2) the person claiming an interest in the animal can and 
  3.17  will provide the care required by law for the animal. 
  3.18     (d) The person claiming an interest in the animal is liable 
  3.19  for all actual costs of care, keeping, and disposal of the 
  3.20  animal, except to the extent that a court or hearing officer 
  3.21  finds that the seizure or impoundment was not substantially 
  3.22  justified by law.  The costs must be paid in full or a mutually 
  3.23  satisfactory arrangement for payment must be made between the 
  3.24  municipality and the person claiming an interest in the animal 
  3.25  before return of the animal to the person. 
  3.26     Sec. 2.  Minnesota Statutes 1994, section 343.29, 
  3.27  subdivision 1, is amended to read: 
  3.28     Subdivision 1.  [DELIVERY TO SHELTER.] Any peace officer, 
  3.29  animal control officer, or agent of the federation or county or 
  3.30  district societies for the prevention of cruelty, may remove, 
  3.31  shelter, and care for any animal which is not properly sheltered 
  3.32  from cold, hot, or inclement weather or any animal not properly 
  3.33  fed and watered, or provided with suitable food and drink in 
  3.34  circumstances that threaten the life of the animal.  When 
  3.35  necessary, a peace officer, animal control officer, or agent may 
  3.36  deliver the animal to another person to be sheltered and cared 
  4.1   for, and furnished with suitable food and drink.  In all cases, 
  4.2   the owner, if known, shall be immediately notified as provided 
  4.3   in section 343.235, subdivision 3, and the person having 
  4.4   possession of the animal, shall have a lien thereon for 
  4.5   its actual and direct costs of care and keeping and the expenses 
  4.6   of the notice.  If the owner or custodian is unknown and cannot 
  4.7   by reasonable effort be ascertained, or does not, within seven 
  4.8   ten days after notice, redeem the animal by paying the expenses 
  4.9   authorized by this subdivision, the animal may be disposed of as 
  4.10  provided in section 343.235. 
  4.11     Sec. 3.  Minnesota Statutes 1994, section 346.57, 
  4.12  subdivision 2, is amended to read: 
  4.13     Subd. 2.  [REMOVAL OF DOGS OR CATS.] A peace officer, as 
  4.14  defined in section 626.84, a humane agent, a dog warden, animal 
  4.15  control officer or a volunteer or professional member of a fire 
  4.16  or rescue department of a political subdivision may use 
  4.17  reasonable force to enter a motor vehicle and remove a dog or 
  4.18  cat which has been left in the vehicle in violation of 
  4.19  subdivision 1 is in immediate danger.  A person removing a dog 
  4.20  or a cat under this subdivision shall use reasonable means to 
  4.21  contact the owner of the dog or cat to arrange for its return 
  4.22  home.  If the person is unable to contact the owner, the person 
  4.23  may take the dog or cat to an animal shelter. 
  4.24     Sec. 4.  [EFFECTIVE DATE.] 
  4.25     Sections 1 to 3 are effective July 1, 1996.