SF 2774

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

  1.1                          A bill for an act 
  1.2             relating to dangerous dogs; changing the definition of 
  1.3             a dangerous dog; restricting the ability to license a 
  1.4             dangerous dog; requiring the production of a dog under 
  1.5             certain circumstances; providing a civil fine for 
  1.6             dangerous dog offenses; imposing penalties; amending 
  1.7             Minnesota Statutes 1994, sections 347.50, subdivisions 
  1.8             2, 3, and 6; 347.51, subdivision 2; and 347.54, 
  1.9             subdivision 1; proposing coding for new law in 
  1.10            Minnesota Statutes, chapter 347. 
  1.11  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.12     Section 1.  Minnesota Statutes 1994, section 347.50, 
  1.13  subdivision 2, is amended to read: 
  1.14     Subd. 2.  [DANGEROUS DOG.] "Dangerous dog" means any dog 
  1.15  that has:  
  1.16     (1) without provocation, bitten or otherwise inflicted 
  1.17  substantial bodily harm on a human being on public or private 
  1.18  property; 
  1.19     (2) killed a domestic animal without provocation while off 
  1.20  the owner's property; or 
  1.21     (3) been found to be potentially dangerous, and after the 
  1.22  owner has notice that the dog is potentially dangerous, the dog 
  1.23  aggressively bites, attacks, or endangers the safety of humans 
  1.24  or domestic animals.  
  1.25     Sec. 2.  Minnesota Statutes 1994, section 347.50, 
  1.26  subdivision 3, is amended to read: 
  1.27     Subd. 3.  [POTENTIALLY DANGEROUS DOG.] "Potentially 
  1.28  dangerous dog" means any dog that: 
  2.1      (1) when unprovoked, inflicts bites on a human or domestic 
  2.2   animal on public or private property; 
  2.3      (2) when unprovoked, chases or approaches a person, 
  2.4   including a person on a bicycle, upon the streets, sidewalks, or 
  2.5   any public or private property, other than the dog owner's 
  2.6   property, in an apparent attitude of attack; or 
  2.7      (3) has a known propensity, tendency, or disposition to 
  2.8   attack unprovoked, causing injury or otherwise threatening the 
  2.9   safety of humans or domestic animals. 
  2.10     Sec. 3.  Minnesota Statutes 1994, section 347.50, 
  2.11  subdivision 6, is amended to read: 
  2.12     Subd. 6.  [SUBSTANTIAL BODILY HARM.] "Substantial Bodily 
  2.13  harm" has the meaning given it under section 609.02, subdivision 
  2.14  7a.  
  2.15     Sec. 4.  Minnesota Statutes 1994, section 347.51, 
  2.16  subdivision 2, is amended to read: 
  2.17     Subd. 2.  [REGISTRATION.] (a) A county shall issue a 
  2.18  certificate of registration to the owner of a dangerous dog if 
  2.19  the owner presents sufficient evidence that:  
  2.20     (1) a proper enclosure exists for the dangerous dog and a 
  2.21  posting on the premises with a clearly visible warning sign, 
  2.22  including a warning symbol to inform children, that there is a 
  2.23  dangerous dog on the property; and 
  2.24     (2) a surety bond issued by a surety company authorized to 
  2.25  conduct business in this state in a form acceptable to the 
  2.26  county in the sum of at least $50,000, payable to any person 
  2.27  injured by the dangerous dog, or a policy of liability insurance 
  2.28  issued by an insurance company authorized to conduct business in 
  2.29  this state in the amount of at least $50,000, insuring the owner 
  2.30  for any personal injuries inflicted by the dangerous dog. 
  2.31     (b) Notwithstanding the provisions of paragraph (a), a 
  2.32  county must not issue a certificate of registration if the owner 
  2.33  has been convicted of more than two violations of any 
  2.34  combination of this section, section 347.52, or any local 
  2.35  ordinance authorized by section 347.53. 
  2.36     Sec. 5.  Minnesota Statutes 1994, section 347.54, 
  3.1   subdivision 1, is amended to read: 
  3.2      Subdivision 1.  [SEIZURE.] (a) The animal control authority 
  3.3   having jurisdiction shall immediately seize any dangerous dog if:
  3.4      (1) after 14 days after the owner has notice that the dog 
  3.5   is dangerous, the dog is not validly registered under section 
  3.6   347.51; 
  3.7      (2) after 14 days after the owner has notice that the dog 
  3.8   is dangerous, the owner does not secure the proper liability 
  3.9   insurance or surety coverage as required under section 347.51, 
  3.10  subdivision 2; 
  3.11     (3) the animal control authority has probable cause to 
  3.12  believe that the dog is not maintained in the proper enclosure; 
  3.13  or 
  3.14     (4) the animal control authority has probable cause to 
  3.15  believe that the dog is outside the proper enclosure and not 
  3.16  under physical restraint of a responsible person as required 
  3.17  under section 347.52. 
  3.18     (b) If an owner of a dog is convicted of a crime for which 
  3.19  the dog was originally seized, the court may order that the dog 
  3.20  be confiscated and destroyed in a proper and humane manner, and 
  3.21  that the owner pay the costs incurred in confiscating, 
  3.22  confining, and destroying the dog. 
  3.23     (c) The owner of an animal subject to seizure or 
  3.24  confiscation and destruction under this subdivision must present 
  3.25  the animal to the animal control authority upon demand or must 
  3.26  provide documentation of any transfer of ownership or possession 
  3.27  of the animal.  Failure to present the animal or provide 
  3.28  documentation as required by this subdivision is a petty 
  3.29  misdemeanor for which a fine of up to $200 may be imposed. 
  3.30     Sec. 6.  [347.56] [RECORD OF CONVICTION.] 
  3.31     (a) The court shall forward a record of a conviction under 
  3.32  section 347.51 or 347.52 or any local ordinance authorized under 
  3.33  section 347.53, to the department of public safety to be 
  3.34  permanently retained and released upon request to a county for 
  3.35  purposes of complying with section 347.51, subdivision 2, 
  3.36  paragraph (b). 
  4.1      (b) A person who has been convicted under section 347.51 or 
  4.2   347.52 or a local ordinance authorized under section 347.53 and 
  4.3   who moves to a different county in the state must notify the 
  4.4   animal control authority in the new county of residence within 
  4.5   60 days that the person has been convicted under one of those 
  4.6   sections or ordinances. 
  4.7      Sec. 7.  [347.57] [CIVIL FINE.] 
  4.8      A civil penalty of up to $500 may be imposed on a person 
  4.9   who violates any provision of section 347.51 or 347.52.  The 
  4.10  provisions of this section are in addition to any other remedy 
  4.11  or penalty provided in section 347.51, 347.54, or 347.55.