SF 2299

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; changing regulation of dangerous 
  1.3             dogs; amending Minnesota Statutes 1994, sections 
  1.4             347.50; 347.51; 347.52; 347.53; 347.54, subdivisions 1 
  1.5             and 2; 347.55; proposing coding for new law in 
  1.6             Minnesota Statutes, chapter 347; repealing Minnesota 
  1.7             Statutes 1994, section 347.54, subdivision 3. 
  1.8   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.9      Section 1.  Minnesota Statutes 1994, section 347.50, is 
  1.10  amended to read: 
  1.11     347.50 [DEFINITIONS.] 
  1.12     Subdivision 1.  [TERMS SCOPE.] For the purpose of The 
  1.13  definitions in this section apply to sections 347.50 to 347.54, 
  1.14  the terms defined in this section have the meanings given 
  1.15  them 347.55.  
  1.16     Subd. 2.  [DANGEROUS DOG.] "Dangerous dog" means any a dog 
  1.17  that has:  
  1.18     (1) without provocation, inflicted substantial bodily harm 
  1.19  on a human being on public or private property; 
  1.20     (2) killed a domestic animal without provocation while off 
  1.21  the owner's property; or 
  1.22     (3) been found to be potentially dangerous, and after the 
  1.23  owner has notice that the dog is potentially dangerous, the dog 
  1.24  aggressively bites, attacks, or endangers the safety of humans 
  1.25  or domestic animals been declared dangerous by an animal control 
  1.26  authority.  
  2.1      Subd. 3.  [POTENTIALLY DANGEROUS DOG.] "Potentially 
  2.2   dangerous dog" means any a dog that: 
  2.3      (1) when unprovoked, inflicts bites on a human or domestic 
  2.4   animal on public or private property; 
  2.5      (2) when unprovoked, chases or approaches a person, 
  2.6   including a person on a bicycle, upon the streets, sidewalks, or 
  2.7   any public or private property, other than the dog owner's 
  2.8   property, in an apparent attitude of attack; or 
  2.9      (3) has a known propensity, tendency, or disposition to 
  2.10  attack unprovoked, causing injury or otherwise threatening the 
  2.11  safety of humans or domestic animals has been declared 
  2.12  potentially dangerous by an animal control authority. 
  2.13     Subd. 4.  [PROPER ENCLOSURE.] "Proper enclosure" means 
  2.14  securely confined indoors or in a securely enclosed and locked 
  2.15  pen or structure suitable to prevent the animal dog from 
  2.16  escaping and providing protection from the elements for the 
  2.17  dog.  A "Proper enclosure" does not include a porch, patio, or 
  2.18  any part of a house, garage, or other structure that would allow 
  2.19  the dog to exit of its own volition, or any house or structure 
  2.20  in which windows are open or in which door or window screens are 
  2.21  the only obstacles that prevent the dog from exiting.  
  2.22     Subd. 4a.  [OWN.] "Own" means possess, harbor, keep, have 
  2.23  an interest in, or have the care, custody, or control of a dog. 
  2.24     Subd. 5.  [OWNER.] "Owner" means any a person, firm, 
  2.25  corporation, organization, or department possessing, harboring, 
  2.26  keeping, having an interest in, or having care, custody, or 
  2.27  control of who owns a dog.  
  2.28     Subd. 6.  [SUBSTANTIAL BODILY HARM.] "Substantial bodily 
  2.29  harm" has the meaning given it under section 609.02, subdivision 
  2.30  7a.  
  2.31     Subd. 7.  [ANIMAL CONTROL AUTHORITY.] "Animal control 
  2.32  authority" means an agency of the state, county, municipality, 
  2.33  or other governmental subdivision of the state which the agency 
  2.34  that is responsible for animal control operations in its 
  2.35  jurisdiction. 
  2.36     Sec. 2.  Minnesota Statutes 1994, section 347.51, is 
  3.1   amended to read: 
  3.2      347.51 [DANGEROUS DOGS; REGISTRATION.] 
  3.3      Subdivision 1.  [REQUIREMENT.] No person may own a 
  3.4   dangerous dog in this state unless the dog is kept in a proper 
  3.5   enclosure and registered as provided in this section.  
  3.6      Subd. 1a.  [DANGEROUS DESIGNATION AND APPEAL.] The 
  3.7   representative of an animal control authority may declare a dog 
  3.8   to be a dangerous dog or potentially dangerous dog.  The owner 
  3.9   of a dangerous dog has ten days to appeal the designation in 
  3.10  accordance with section 347.55.  Pending the outcome of the 
  3.11  appeal, the dog must be kept in a proper enclosure. 
  3.12     Subd. 2.  [REGISTRATION.] A county An animal control 
  3.13  authority shall issue a certificate of registration to the owner 
  3.14  of a dangerous dog if the owner presents sufficient evidence 
  3.15  that:  
  3.16     (1) a proper enclosure exists for the dangerous dog and a 
  3.17  posting on the premises with a clearly visible warning sign, 
  3.18  including a warning symbol to inform children, that there is a 
  3.19  dangerous dog on the property; and 
  3.20     (2) there is a surety bond issued to the owner of the dog 
  3.21  by a surety company authorized to conduct business in this state 
  3.22  in a form acceptable to the county in the sum of at 
  3.23  least $50,000 $100,000, payable to any person injured by the 
  3.24  dangerous dog, or a policy of liability insurance issued by an 
  3.25  insurance company authorized to conduct business in this state 
  3.26  in the amount of at least $50,000 $100,000, insuring the owner 
  3.27  for any personal injuries inflicted by the dangerous dog.  The 
  3.28  surety or insurance company must issue to the animal control 
  3.29  authority a certificate of insurance which: 
  3.30     (i) acknowledges that the company knows that the insured 
  3.31  owns a dangerous dog; and 
  3.32     (ii) provides for 30 days written notice to the animal 
  3.33  control authority prior to cancellation of the policy; 
  3.34     Subd. 2a.  [WARNING SYMBOL.] If a county issues a 
  3.35  certificate of registration to the owner of a dangerous dog 
  3.36  pursuant to subdivision 2, the county must provide, for posting 
  4.1   on the owner's property, a copy of a warning symbol to inform 
  4.2   children that there is a dangerous dog on the property.  The 
  4.3   design of the warning symbol must be uniform and specified by 
  4.4   the commissioner of public safety, after consultation with 
  4.5   animal control professionals.  The design specification process 
  4.6   is exempt from rulemaking under chapter 14 and is exempt from 
  4.7   section 14.38.  The commissioner shall provide the number of 
  4.8   copies of the warning symbol requested by each county and shall 
  4.9   charge the county the actual cost of the warning symbols 
  4.10  received.  The county may charge the registrant a reasonable fee 
  4.11  to cover its administrative costs and the cost of the warning 
  4.12  symbol.  
  4.13     Subd. 3.  [FEE.] The county may charge (3) the owner has 
  4.14  paid an annual fee, of not less than $500 nor more than $1,000 
  4.15  in addition to any regular dog licensing fees, to obtain a 
  4.16  certificate of registration for a dangerous dog under this 
  4.17  section.; 
  4.18     Subd. 4.  [LAW ENFORCEMENT; EXEMPTION.] The provisions of 
  4.19  this section do not apply to dangerous dogs used by law 
  4.20  enforcement officials for police work. 
  4.21     Subd. 5.  [EXEMPTION.] Dogs may not be declared dangerous 
  4.22  if the threat, injury, or damage was sustained by a person: 
  4.23     (1) who was committing, at the time, a willful trespass or 
  4.24  other tort upon the premises occupied by the owner of the dog; 
  4.25     (2) who was provoking, tormenting, abusing, or assaulting 
  4.26  the dog or who can be shown to have repeatedly, in the past, 
  4.27  provoked, tormented, abused, or assaulted the dog; or 
  4.28     (3) who was committing or attempting to commit a crime. 
  4.29     Subd. 6.  [COUNTIES WITHOUT LICENSING SYSTEMS.] If an owner 
  4.30  of a dangerous dog resides in a county that does not license 
  4.31  dogs under sections 347.08 to 347.21, the owner shall obtain a 
  4.32  certificate as required under this section from the county 
  4.33  auditor or other person designated by the county board in the 
  4.34  county where the owner resides. 
  4.35     Subd. 7.  [TAG.] A dangerous dog registered under this 
  4.36  section must have (4) the owner has attached to the dog a 
  5.1   standardized, easily identifiable tag identifying the dog as 
  5.2   dangerous and containing the uniform dangerous dog symbol, 
  5.3   affixed to the dog's collar at all times.  The commissioner of 
  5.4   public safety, after consultation with animal control 
  5.5   professionals, shall provide by rule for the design of the tag.; 
  5.6   and 
  5.7      Subd. 8.  [LOCAL ORDINANCES.] A statutory or home rule 
  5.8   charter city, or a county, may not adopt an ordinance regulating 
  5.9   dangerous or potentially dangerous dogs based solely on the 
  5.10  specific breed of the dog.  Ordinances inconsistent with this 
  5.11  subdivision are void.  
  5.12     Subd. 9.  [CONTRACTED SERVICES.] A county may contract with 
  5.13  another political subdivision or other person to provide the 
  5.14  services required under sections 347.50 to 347.54.  
  5.15     (5) the owner has posted in a conspicuous location to the 
  5.16  public acceptable to the animal control authority a copy of the 
  5.17  uniform warning symbol issued by the commissioner of public 
  5.18  safety to inform children that there is a dangerous dog on the 
  5.19  property. 
  5.20     Subd. 3.  [DECLARATION; DANGEROUS.] (a) An animal control 
  5.21  authority may declare a dog dangerous if the dog: 
  5.22     (1) without provocation inflicted substantial bodily harm 
  5.23  on a human being on public or private property; 
  5.24     (2) without provocation killed a domestic animal while off 
  5.25  the owner's property; or 
  5.26     (3) has been found to be potentially dangerous, and after 
  5.27  the owner has notice that the dog is potentially dangerous, the 
  5.28  dog bites, attacks, or endangers the safety of a human or 
  5.29  domestic animal. 
  5.30     (b) An animal control authority may not declare a dog to be 
  5.31  dangerous if: 
  5.32     (1) the dog is used by law enforcement officials for police 
  5.33  work; or 
  5.34     (2) the threat, injury, or damage was sustained by a person 
  5.35  who was: 
  5.36     (i) committing, at the time, a trespass or other tort upon 
  6.1   the premises occupied by the owner of the dog; 
  6.2      (ii) provoking, tormenting, abusing, or assaulting the dog 
  6.3   or who can be shown to have repeatedly, in the past, provoked, 
  6.4   tormented, abused, or assaulted the dog; or 
  6.5      (iii) committing or attempting to commit a crime. 
  6.6      Subd. 4.  [DECLARATION; POTENTIALLY DANGEROUS.] An animal 
  6.7   control authority may declare a dog to be potentially dangerous 
  6.8   if the dog: 
  6.9      (1) without provocation inflicts a bite on a human or 
  6.10  domestic animal on public or private property; 
  6.11     (2) without provocation chases or approaches a person, 
  6.12  including a person on a bicycle, upon the streets, sidewalks, or 
  6.13  any public or private property, other than the dog owner's 
  6.14  property, in an apparent attitude of attack; or 
  6.15     (3) has a known propensity, tendency, or disposition to 
  6.16  attack without provocation, causing injury or otherwise 
  6.17  threatening the safety of a human or domestic animal. 
  6.18     Sec. 3.  Minnesota Statutes 1994, section 347.52, is 
  6.19  amended to read: 
  6.20     347.52 [DANGEROUS DOGS; ADDITIONAL REQUIREMENTS.] 
  6.21     (a) An owner of a dangerous dog shall keep the dangerous 
  6.22  dog, while on the owner's property, in a proper enclosure.  If 
  6.23  the dog is outside the proper enclosure, the dog must be muzzled 
  6.24  and restrained by a substantial chain or leash and under the 
  6.25  physical restraint of a responsible person.  The muzzle must be 
  6.26  made in a manner that will prevent the dog from biting any 
  6.27  person or animal but that will not cause injury to the dog or 
  6.28  interfere with its vision or respiration. 
  6.29     (b) An owner of a dangerous dog must renew the registration 
  6.30  of the dog annually until the dog is deceased or removed from 
  6.31  the jurisdiction. 
  6.32     (c) An owner of a dangerous dog must notify the animal 
  6.33  control authority in writing of the death of the dog or its 
  6.34  transfer to a new jurisdiction, and must, if requested by the 
  6.35  animal control authority, execute an affidavit under oath 
  6.36  setting forth either the circumstances of the dog's death and 
  7.1   disposition or the complete name, address, and telephone number 
  7.2   of the person to whom the dog has been transferred. 
  7.3      (d) An animal control authority may require a dangerous dog 
  7.4   to be microchipped or otherwise identified. 
  7.5      (e) An animal control authority may require a dangerous dog 
  7.6   to be sterilized. 
  7.7      (f) A person who owns a dangerous dog and who rents 
  7.8   property from another where the dog will reside must disclose to 
  7.9   the property owner that the person owns a dangerous dog that 
  7.10  will reside at the property. 
  7.11     Sec. 4.  Minnesota Statutes 1994, section 347.53, is 
  7.12  amended to read: 
  7.13     347.53 [POTENTIALLY DANGEROUS DOGS ADDITIONAL REGULATIONS.] 
  7.14     (a) Any statutory or home rule charter city, or any county, 
  7.15  local unit of government may regulate impose additional 
  7.16  regulations and requirements on dangerous dogs, potentially 
  7.17  dangerous dogs, or their owners.  Except as provided in section 
  7.18  347.51, subdivision 8, nothing in sections 347.50 to 347.54 
  7.19  limits any restrictions the local jurisdictions may place on 
  7.20  owners of potentially dangerous dogs. 
  7.21     (b) A local unit of government may not regulate dangerous 
  7.22  or potentially dangerous dogs based solely on the specific breed 
  7.23  of the dog.  Ordinances inconsistent with this subdivision are 
  7.24  void. 
  7.25     Sec. 5.  Minnesota Statutes 1994, section 347.54, 
  7.26  subdivision 1, is amended to read: 
  7.27     Subdivision 1.  [SEIZURE.] (a) The animal control authority 
  7.28  having jurisdiction shall may immediately seize any dangerous 
  7.29  dog if: 
  7.30     (1) after 14 days after the owner has notice that the dog 
  7.31  is dangerous and appeal rights have expired, the dog is not 
  7.32  validly registered under section 347.51; 
  7.33     (2) after 14 days after the owner has notice that the dog 
  7.34  is dangerous, the owner does not secure the proper liability 
  7.35  insurance or surety coverage as required under section 347.51, 
  7.36  subdivision 2 the registration under section 347.51 is not 
  8.1   renewed annually; 
  8.2      (3) the dog is not maintained in the proper enclosure; or 
  8.3      (4) the dog is outside the proper enclosure and not under 
  8.4   physical restraint of a responsible person as required under 
  8.5   section 347.52. 
  8.6      (b) If an owner of a dog is convicted of a crime for which 
  8.7   the dog was originally seized misdemeanor or gross misdemeanor 
  8.8   under section 347.55, the court may shall order that the dog be 
  8.9   confiscated and destroyed in a proper and humane manner, and 
  8.10  that the owner pay the costs incurred in confiscating, 
  8.11  confining, and destroying the dog. 
  8.12     Sec. 6.  Minnesota Statutes 1994, section 347.54, 
  8.13  subdivision 2, is amended to read: 
  8.14     Subd. 2.  [RECLAIMED.] A dangerous dog seized under 
  8.15  subdivision 1 may be reclaimed by the owner of the dog upon 
  8.16  payment of impounding and boarding fees, and presenting proof to 
  8.17  the appropriate animal control authority that all of the 
  8.18  requirements of sections 347.51 and 347.52 will be have been 
  8.19  met.  A dog not reclaimed under this subdivision within seven 
  8.20  five business days may be disposed of as provided under section 
  8.21  35.71, subdivision 3, and the owner is liable to the animal 
  8.22  control authority for costs incurred in confiscating, confining, 
  8.23  and disposing of destroying the dog. 
  8.24     Sec. 7.  [347.545] [APPEAL.] 
  8.25     The representative of the animal control authority shall at 
  8.26  or about the time the dog is declared dangerous or potentially 
  8.27  dangerous notify the owner of the dog of the owner's right to 
  8.28  appeal the decision and determination.  The notice must be in 
  8.29  writing and must be delivered to the owner or an adult on the 
  8.30  premises where the owner resides, or posted on the property.  
  8.31  The notice must include a copy of this statute and a form and 
  8.32  instructions as to how to perfect the appeal.  
  8.33     The owner has ten days inclusive of the date the notice is 
  8.34  served, weekends, and holidays to serve on the animal control 
  8.35  authority written notice of appeal.  
  8.36     The appeal may be heard by an employee of the political 
  9.1   subdivision or other person retained by the political 
  9.2   subdivision so long as the person is not affiliated with or 
  9.3   supervised by the animal control authority. 
  9.4      The appeal must be conducted in an informal manner.  The 
  9.5   rules of civil procedure and evidence are not applicable.  The 
  9.6   burden of proof is on the animal control authority to prove the 
  9.7   dog dangerous or potentially dangerous by a preponderance of the 
  9.8   evidence; provided that provocation, torment, abuse, and assault 
  9.9   are affirmative defenses.  The hearing need not be transcribed 
  9.10  but may be transcribed at the sole expense of the party that 
  9.11  requests it.  The person hearing the matter shall make written 
  9.12  findings adequate to support the determination made.  
  9.13     Either party may appeal the determination to the district 
  9.14  court.  The judge shall consider the written findings and order 
  9.15  of the hearing officer and no other evidence.  The district 
  9.16  court judge shall uphold the determination of the hearing 
  9.17  officer unless the judge determines that the findings of fact 
  9.18  are inadequate to sustain the determination as a matter of law 
  9.19  or that the hearing officer acted in an arbitrary and capricious 
  9.20  manner. 
  9.21     Sec. 8.  Minnesota Statutes 1994, section 347.55, is 
  9.22  amended to read: 
  9.23     347.55 [PENALTY.] 
  9.24     (1) Any person who violates any provision of section 347.51 
  9.25  or 347.52 sections 347.50 to 347.545 is guilty of a 
  9.26  misdemeanor.  A second or subsequent violation of those sections 
  9.27  is a gross misdemeanor. 
  9.28     (2) It is a gross misdemeanor to remove a microchip from a 
  9.29  dangerous dog, to fail to account for the dog's death or removal 
  9.30  from the jurisdiction, or to sign a false affidavit with respect 
  9.31  to the dog's death or removal from the jurisdiction. 
  9.32     Sec. 9.  [REPEALER.] 
  9.33     Minnesota Statutes 1994, section 347.54, subdivision 3, is 
  9.34  repealed.