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Minnesota Legislature

Office of the Revisor of Statutes

SF 2876

5th Engrossment - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

KEY: stricken = removed, old language.
underscored = added, new language.

Bill Text Versions

Engrossments
Introduction Posted on 02/19/2008
1st Engrossment Posted on 03/10/2008
2nd Engrossment Posted on 03/18/2008
3rd Engrossment Posted on 03/27/2008
4th Engrossment Posted on 04/01/2008
5th Engrossment Posted on 05/12/2008
Conference Committee Reports
CCR-SF2876 Posted on 05/08/2008

Current Version - 5th Engrossment

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A bill for an act
relating to animals; changing provisions regulating dangerous dogs; providing
for certain cities to authorize certain outdoor food and beverage establishments to
allow dogs to accompany patrons; amending Minnesota Statutes 2006, sections
347.50, by adding a subdivision; 347.51, subdivisions 2, 2a, 3, 7, 9; 347.52;
347.53; 347.54, subdivisions 1, 3; 347.55; 347.56; proposing coding for new law
in Minnesota Statutes, chapters 157; 347.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

new text begin [157.175] DOGS; OUTDOOR FOOD AND BEVERAGE SERVICE
ESTABLISHMENTS.
new text end

new text begin Subdivision 1. new text end

new text begin Municipal authorization. new text end

new text begin A statutory or home rule charter city
may adopt an ordinance to permit food and beverage service establishments to allow
dogs to accompany persons patronizing designated outdoor areas of food and beverage
establishments.
new text end

new text begin Subd. 2. new text end

new text begin Dangerous and potentially dangerous dogs. new text end

new text begin The ordinance must
prohibit dangerous and potentially dangerous dogs, as defined in section 347.50, from
accompanying patrons to food and beverage establishments.
new text end

new text begin Subd. 3. new text end

new text begin Banning dogs. new text end

new text begin The ordinance may not prohibit a food and beverage
establishment from banning dogs. A person accompanied by a dog who remains at an
establishment knowing that the operator of the establishment or its agent has posted a
sign banning dogs or otherwise informed the person that dogs are not permitted in the
establishment may be ordered to leave the premises.
new text end

new text begin Subd. 4. new text end

new text begin Permit process. new text end

new text begin (a) The ordinance must require participating
establishments to apply for and receive a permit from the city before allowing patrons'
dogs on their premises. The city shall require from the applicant such information as
the local government deems reasonably necessary, but shall require, at a minimum, the
following information:
new text end

new text begin (1) the name, location, and mailing address of the establishment;
new text end

new text begin (2) the name, mailing address, and telephone contact information of the permit
applicant;
new text end

new text begin (3) a description of the designated outdoor areas in which the permit applicant
intends to allow dogs; and
new text end

new text begin (4) a description of the days of the week and hours of operation that patrons' dogs
will be permitted in the designated outdoor areas.
new text end

new text begin (b) A permit issued pursuant to the authority granted in this section must not be
transferred to a subsequent owner upon the sale of a food and beverage establishment but
must expire automatically upon the sale of the establishment. The subsequent owner shall
be required to reapply for a permit pursuant to this section if the subsequent owner wishes
to continue to accommodate patrons' dogs.
new text end

new text begin (c) A city may incorporate the permit requirements of this section into a permit or
license issued under an existing ordinance if the city ensures that current and future permit
and license holders comply with the requirements of this section. A city may exempt
current permit and license holders from reapplying for a permit, if the current permit or
license holder provides the city with the information required in paragraph (a) and any
other information that the city requests.
new text end

new text begin Subd. 5. new text end

new text begin Minimum requirements. new text end

new text begin The ordinance must include such regulations
and limitations as the local government deems reasonably necessary to protect the health,
safety, and general welfare of the public, but must require, at a minimum, the following
requirements, which must be clearly printed on a sign or signs posted on premises in a
manner and place that are conspicuous to employees and patrons:
new text end

new text begin (1) employees must be prohibited from touching, petting, or otherwise handling dogs;
new text end

new text begin (2) employees and patrons must not allow dogs to come into contact with serving
dishes, utensils, tableware, linens, paper products, or any other items involved in food
service operations;
new text end

new text begin (3) patrons must keep their dogs on a leash at all times and must keep their dogs
under reasonable control;
new text end

new text begin (4) dogs must not be allowed on chairs, tables, or other furnishings; and
new text end

new text begin (5) dog waste must be cleaned immediately and the area sanitized.
new text end

new text begin Subd. 6. new text end

new text begin Service animals. new text end

new text begin Nothing in this statute, or an ordinance adopted pursuant
to this statute, shall be construed to limit:
new text end

new text begin (1) the right of a person with disabilities to access places of public accommodation
while accompanied by a service animal as provided in sections 256C.02 and 363A.19; or
new text end

new text begin (2) the lawful use of a service animal by a licensed peace officer.
new text end

new text begin Subd. 7. new text end

new text begin Designated outdoor area. new text end

new text begin The ordinance must include a definition
of "designated outdoor area" that is consistent with applicable rules adopted by the
commissioner of health.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 2.

Minnesota Statutes 2006, section 347.50, is amended by adding a subdivision
to read:


new text begin Subd. 8. new text end

new text begin Provocation. new text end

new text begin "Provocation" means an act that an adult could reasonably
expect may cause a dog to attack or bite.
new text end

Sec. 3.

Minnesota Statutes 2006, section 347.51, subdivision 2, is amended to read:


Subd. 2.

Registration.

An animal control authority shall issue a certificate of
registration to the owner of a dangerous dog if the owner presents sufficient evidence that:

(1) a proper enclosure exists for the dangerous dog and a posting on the premises
with a clearly visible warning sign new text beginthat there is a dangerous dog on the propertynew text end, including
a warning symbol to inform childrendeleted text begin, that deleted text enddeleted text beginthere is a dangerous dog on the propertydeleted text end;

(2) a surety bond issued by a surety company authorized to conduct business in this
state in a form acceptable to the animal control authority in the sum of at least deleted text begin$50,000deleted text endnew text begin
$300,000
new text end, payable to any person injured by the dangerous dog, or a policy of liability
insurance issued by an insurance company authorized to conduct business in this state
in the amount of at least deleted text begin$50,000deleted text endnew text begin $300,000new text end, insuring the owner for any personal injuries
inflicted by the dangerous dog;

(3) the owner has paid an annual fee of not more than $500, in addition to any
regular dog licensing fees, to obtain a certificate of registration for a dangerous dog under
this section; and

(4) the owner has had microchip identification implanted in the dangerous dog as
required under section 347.515.

Sec. 4.

Minnesota Statutes 2006, section 347.51, subdivision 2a, is amended to read:


Subd. 2a.

Warning symbol.

If deleted text begina countydeleted text endnew text begin an animal control authoritynew text end issues a
certificate of registration to the owner of a dangerous dog pursuant to subdivision 2, the
deleted text begin countydeleted text endnew text begin animal control authoritynew text end must provide, for posting on the owner's property, a copy
of a warning symbol to inform children that there is a dangerous dog on the property. The
deleted text begin design of thedeleted text end warning symbol must be new text beginthe new text enduniform deleted text beginand specifieddeleted text endnew text begin symbol providednew text end by
the commissioner of public safetydeleted text begin, after consultation with animal control professionalsdeleted text end.
The commissioner shall provide the number of copies of the warning symbol requested
by deleted text begineach countydeleted text endnew text begin the animal control authoritynew text end and shall charge the deleted text begincountydeleted text endnew text begin animal control
authority
new text end the actual cost of the warning symbols received. The deleted text begincountydeleted text endnew text begin animal control
authority
new text endmay charge the registrant a reasonable fee to cover its administrative costs and
the cost of the warning symbol.

Sec. 5.

Minnesota Statutes 2006, section 347.51, subdivision 3, is amended to read:


Subd. 3.

Fee.

The deleted text begincountydeleted text end new text beginanimal control authority new text endmay charge the owner an annual
fee, in addition to any regular dog licensing fees, to obtain a certificate of registration for a
dangerous dog under this section.

Sec. 6.

Minnesota Statutes 2006, section 347.51, subdivision 7, is amended to read:


Subd. 7.

Tag.

A dangerous dog registered under this section must have a
standardized, easily identifiable tag identifying the dog as dangerous and containing the
uniform dangerous dog symbol, affixed to the dog's collar at all times. deleted text beginThe commissioner
of public safety, after consultation with animal control professionals, shall provide by rule
for the design of the tag.
deleted text end

Sec. 7.

Minnesota Statutes 2006, section 347.51, subdivision 9, is amended to read:


Subd. 9.

Contracted services.

deleted text beginA countydeleted text end new text beginAn animal control authority new text endmay contract
with another political subdivision or other person to provide the services required under
sections 347.50 to deleted text begin347.54deleted text endnew text begin 347.565new text end. Notwithstanding any contract entered into under
this subdivision, all fees collected under sections 347.50 to 347.54 shall be paid to the
deleted text begin countydeleted text end new text beginanimal control authority new text endand all certificates of registration must be issued in the
name of the deleted text begincountydeleted text endnew text begin animal control authoritynew text end.

Sec. 8.

Minnesota Statutes 2006, section 347.52, is amended to read:


347.52 DANGEROUS DOGS; REQUIREMENTS.

(a) An owner of a dangerous dog shall keep the dog, while on the owner's property,
in a proper enclosure. If the dog is outside the proper enclosure, the dog must be
muzzled and restrained by a substantial chain or leash and under the physical restraint of
a responsible person. The muzzle must be made in a manner that will prevent the dog
from biting any person or animal but that will not cause injury to the dog or interfere with
its vision or respiration.

(b) An owner of a dangerous dog must renew the registration of the dog annually
until the dog is deceased. If the dog is removed from the jurisdiction, it must be registered
as a dangerous dog in its new jurisdiction.

(c) An owner of a dangerous dog must notify the animal control authority in writing
of the death of the dog or its transfer to a new deleted text beginjurisdictiondeleted text end new text beginlocation where the dog will
reside
new text endwithin 30 days of the death or transfer, and must, if requested by the animal control
authority, execute an affidavit under oath setting forth either the circumstances of the dog's
death and disposition or the complete name, address, and telephone number of the person
to whom the dog has been transferrednew text begin or the address where the dog has been relocatednew text end.

(d) An animal control authority deleted text beginmaydeleted text end new text beginshall new text endrequire a dangerous dog to be sterilized
at the owner's expense. If the owner does not have the animal sterilizednew text begin within 30 daysnew text end,
the animal control authority deleted text beginmaydeleted text endnew text begin shall seize the dog andnew text end have deleted text beginthe animaldeleted text endnew text begin itnew text end sterilized
at the owner's expense.

(e) A person who owns a dangerous dog and who rents property from another
where the dog will reside must disclose to the property owner prior to entering the lease
agreement and at the time of any lease renewal that the person owns a dangerous dog
that will reside at the property.

(f) A person who deleted text beginsellsdeleted text endnew text begin transfers ownership ofnew text end a dangerous dog must notify the
deleted text begin purchaserdeleted text endnew text begin new ownernew text end that the animal control authority has identified the dog as dangerous.
The deleted text beginsellerdeleted text endnew text begin current ownernew text end must also notify the animal control authority in writing of the
deleted text begin saledeleted text endnew text begin transfer of ownershipnew text end and provide the animal control authority with the new owner's
name, address, and telephone number.

Sec. 9.

Minnesota Statutes 2006, section 347.53, is amended to read:


347.53 POTENTIALLY DANGEROUS new text beginAND DANGEROUS new text endDOGS.

Any statutory or home rule charter city, or any county, may regulate potentially
dangerous new text beginand dangerous new text enddogs. Except as provided in section 347.51, subdivision
8
, nothing in sections 347.50 to deleted text begin347.54deleted text endnew text begin 347.565new text end limits any restrictions new text beginthat new text endthe local
jurisdictions may place on owners of potentially dangerous new text beginor dangerous new text enddogs.

Sec. 10.

Minnesota Statutes 2006, section 347.54, subdivision 1, is amended to read:


Subdivision 1.

Seizure.

(a) The animal control authority having jurisdiction shall
immediately seize any dangerous dog if:

(1) after 14 days after the owner has notice that the dog is dangerous, the dog is not
validly registered under section 347.51;

(2) after 14 days after the owner has notice that the dog is dangerous, the owner does
not secure the proper liability insurance or surety coverage as required under section
347.51, subdivision 2;

(3) the dog is not maintained in the proper enclosure; deleted text beginor
deleted text end

(4) the dog is outside the proper enclosure and not under physical restraint of a
responsible person as required under section 347.52.new text begin; ornew text end

new text begin (5) the dog is not sterilized within 30 days, pursuant to section 347.52, paragraph (d).
new text end

(b) If an owner of a dog is convicted of a crime for which the dog was originally
seized, the court may order that the dog be confiscated and destroyed in a proper and
humane manner, and that the owner pay the costs incurred in confiscating, confining,
and destroying the dog.

Sec. 11.

Minnesota Statutes 2006, section 347.54, subdivision 3, is amended to read:


Subd. 3.

Subsequent offenses; seizure.

If a person has been convicted of a
misdemeanor for violating a provision of section 347.51new text begin, 347.515,new text end or 347.52, and the
person is charged with a subsequent violation relating to the same dog, the dog must be
seized by the animal control authority having jurisdiction. If the owner is convicted of
the crime for which the dog was seized, the court shall order that the dog be destroyed
in a proper and humane manner and the owner pay the cost of confining and destroying
the animal. deleted text beginIf the person is not convicted of the crime for which the dog was seized, the
owner may reclaim the dog upon payment to the animal control authority of a fee for the
care and boarding of the dog.
deleted text end If the new text beginowner is not convicted and the new text enddog is not reclaimed
by the owner within seven days after the owner has been notified that the dog may be
reclaimed, the dog may be disposed of as provided under section 35.71, subdivision 3deleted text begin,
and the owner is liable to the animal control authority for the costs incurred in confining,
impounding, and disposing of the dog
deleted text end.

Sec. 12.

new text begin [347.541] DISPOSITION OF SEIZED ANIMALS.
new text end

new text begin Subdivision 1. new text end

new text begin Hearing. new text end

new text begin The owner of any dog declared dangerous has the right to
a hearing by an impartial hearing officer.
new text end

new text begin Subd. 2. new text end

new text begin Security. new text end

new text begin A person claiming an interest in a seized dog may prevent
disposition of the dog by posting security in an amount sufficient to provide for the dog's
actual cost of care and keeping. The security must be posted within seven days of the
seizure inclusive of the date of the seizure.
new text end

new text begin Subd. 3. new text end

new text begin Notice. new text end

new text begin The authority declaring the dog dangerous shall give notice of this
section by delivering or mailing it to the owner of the dog, or by posting a copy of it at the
place where the dog is kept, or by delivering it to a person residing on the property, and
telephoning, if possible. The notice must include:
new text end

new text begin (1) a description of the seized dog; the authority for and purpose of the dangerous
dog declaration and seizure; the time, place, and circumstances under which the dog was
declared dangerous; and the telephone number and contact person where the dog is kept;
new text end

new text begin (2) a statement that the owner of the dog may request a hearing concerning the
dangerous dog declaration and, if applicable, prior potentially dangerous dog declarations
for the dog, and that failure to do so within 14 days of the date of the notice will terminate
the owner's right to a hearing under this section;
new text end

new text begin (3) a statement that if an appeal request is made within 14 days of the notice, the
owner must immediately comply with the requirements of section 347.52, paragraphs (a)
and (c), and until such time as the hearing officer issues an opinion;
new text end

new text begin (4) a statement that if the hearing officer affirms the dangerous dog declaration,
the owner will have 14 days from receipt of that decision to comply with all other
requirements of sections 347.51, 347.515, and 347.52;
new text end

new text begin (5) a form to request a hearing under this subdivision; and
new text end

new text begin (6) a statement that all actual costs of the care, keeping, and disposition of the dog
are the responsibility of the person claiming an interest in the dog, except to the extent
that a court or hearing officer finds that the seizure or impoundment was not substantially
justified by law.
new text end

new text begin Subd. 4. new text end

new text begin Right to hearing. new text end

new text begin Any hearing must be held within 14 days of the request
to determine the validity of the dangerous dog declaration. The hearing officer must be an
impartial employee of the local government or an impartial person retained by the local
government to conduct the hearing. In the event that the dangerous dog declaration is
upheld by the hearing officer, actual expenses of the hearing up to a maximum of $1,000
will be the responsibility of the dog's owner. The hearing officer shall issue a decision
on the matter within ten days after the hearing. The decision must be delivered to the
dog's owner by hand delivery or registered mail as soon as practical and a copy must be
provided to the animal control authority.
new text end

Sec. 13.

new text begin [347.542] RESTRICTIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Dog ownership prohibited. new text end

new text begin Except as provided in subdivision 3, no
person may own a dog if the person has:
new text end

new text begin (1) been convicted of a third or subsequent violation of section 347.51, 347.515,
or 347.52;
new text end

new text begin (2) been convicted of a violation under section 609.205, clause (4);
new text end

new text begin (3) been convicted of a gross misdemeanor under section 609.226, subdivision 1;
new text end

new text begin (4) been convicted of a violation under section 609.226, subdivision 2; or
new text end

new text begin (5) had a dog ordered destroyed under section 347.56 and been convicted of one or
more violations of section 347.51, 346.515, 347.52, or 609.226, subdivision 2.
new text end

new text begin Subd. 2. new text end

new text begin Household members. new text end

new text begin If any member of a household is prohibited from
owning a dog in subdivision 1, unless specifically approved with or without restrictions by
an animal control authority, no person in the household is permitted to own a dog.
new text end

new text begin Subd. 3. new text end

new text begin Dog ownership prohibition review. new text end

new text begin Beginning three years after a
conviction under subdivision 1 that prohibits a person from owning a dog, and annually
thereafter, the person may request that the animal control authority review the prohibition.
The animal control authority may consider such facts as the seriousness of the violation
or violations that led to the prohibition, any criminal convictions, or other facts that the
animal control authority deems appropriate. The animal control authority may rescind the
prohibition entirely or rescind it with limitations. The animal control authority also may
establish conditions a person must meet before the prohibition is rescinded, including,
but not limited to, successfully completing dog training or dog handling courses. If the
animal control authority rescinds a person's prohibition and the person subsequently fails
to comply with any limitations imposed by the animal control authority or the person is
convicted of any animal violation involving unprovoked bites or dog attacks, the animal
control authority may permanently prohibit the person from owning a dog in this state.
new text end

Sec. 14.

Minnesota Statutes 2006, section 347.55, is amended to read:


347.55 PENALTY.

(a) deleted text beginAnydeleted text endnew text begin Anew text end person who violates deleted text beginanydeleted text endnew text begin anew text end provision of section 347.51new text begin, 347.515,new text end or 347.52
is guilty of a misdemeanor.

(b) It is a misdemeanor to remove a microchip from a dangerous or potentially
dangerous dog, to fail to renew the registration of a dangerous dog, to fail to account for a
dangerous dog's death or deleted text beginremoval from the jurisdictiondeleted text endnew text begin change of location where the dog
will reside
new text end, to sign a false affidavit with respect to a dangerous dog's death or deleted text beginremoval
from the jurisdiction
deleted text endnew text begin change of location where the dog will residenew text end, or to fail to disclose
ownership of a dangerous dog to a property owner from whom the person rents property.

new text begin (c) A person who is convicted of a second or subsequent violation of paragraph (a)
or (b) is guilty of a gross misdemeanor.
new text end

new text begin (d) An owner who violates section 347.542, subdivision 1, is guilty of a gross
misdemeanor.
new text end

new text begin (e) Any household member who knowingly violates section 347.542, subdivision 2,
is guilty of a gross misdemeanor.
new text end

Sec. 15.

Minnesota Statutes 2006, section 347.56, is amended to read:


347.56 DESTRUCTION OF DOG IN CERTAIN CIRCUMSTANCES.

new text begin Subdivision 1. new text end

new text begin Circumstances. new text end

Notwithstanding sections 347.51 to 347.55, a dog
deleted text begin that inflicted substantial or great bodily harm on a human being on public or private
property without provocation may be destroyed in a proper and humane manner by the
animal control authority. The animal control authority may not destroy the dog until the
dog owner has had the opportunity for a hearing before an impartial decision maker.
deleted text endnew text begin may
be destroyed in a proper and humane manner by the animal control authority if the dog:
new text end

new text begin (1) inflicted substantial or great bodily harm on a human on public or private
property without provocation;
new text end

new text begin (2) inflicted multiple bites on a human on public or private property without
provocation;
new text end

new text begin (3) bit multiple human victims on public or private property in the same attack
without provocation; or
new text end

new text begin (4) bit a human on public or private property without provocation in an attack where
more than one dog participated in the attack.
new text end

new text begin Subd. 2. new text end

new text begin Hearing. new text end

new text beginThe animal control authority may not destroy the dog until the
dog owner has had the opportunity for a hearing before an impartial decision maker.
new text endThe definitions in section 347.50 and the exemptions under section 347.51, subdivision
5
, apply to this section.

Sec. 16.

new text begin [347.565] APPLICABILITY.
new text end

new text begin Sections 347.50 to 347.56 must be enforced by animal control authorities or
law enforcement agencies, whether or not these sections have been adopted into local
ordinance.
new text end