Minnesota Session Laws - 1991, Regular Session

  

                         Laws of Minnesota 1991 

                        CHAPTER 122-S.F.No. 355 
           An act relating to animals; providing for disposition 
          of certain animals taken into custody by public 
          authorities; requiring bond or other security for 
          expenses of care in certain cases; amending Minnesota 
          Statutes 1990, sections 343.22, subdivisions 1 and 3; 
          and 343.29, subdivision 1; proposing coding for new 
          law in Minnesota Statutes, chapter 343. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1990, section 343.22, 
subdivision 1, is amended to read: 
    343.22 [INVESTIGATION OF CRUELTY COMPLAINTS.] 
    Subdivision 1.  [REPORTING.] Any person who has reason to 
believe that a violation of this chapter has taken place or is 
taking place may apply to any court having jurisdiction over 
actions alleging violation of that section for a warrant and for 
investigation.  The court shall examine under oath the person so 
applying and any witnesses the applicant produces and the court 
shall take their affidavits in writing.  The affidavits must set 
forth facts tending to establish the grounds for believing a 
violation of this chapter has occurred or is occurring, or 
probable cause to believe that a violation exists.  If the court 
is satisfied of the existence of the grounds of the application, 
or that there is probable cause to believe a violation exists, 
it shall issue a signed search warrant and order for 
investigation to a peace officer in the county.  The order shall 
command the officer to proceed promptly to the location of the 
alleged violation, along with.  The order may command that a 
doctor of veterinary medicine accompany the officer.  
    Sec. 2.  Minnesota Statutes 1990, section 343.22, 
subdivision 3, is amended to read: 
    Subd. 3.  [DISPOSAL OF CERTAIN ANIMALS.] Upon a proper 
determination by a licensed doctor of veterinary medicine, any 
animal taken into custody pursuant to this section may be 
immediately disposed of when the animal is suffering and is 
beyond cure through reasonable care and treatment.  All other 
animals shall be disposed of as provided in section 343.235.  
The authority taking custody of the animals may recover all 
costs incurred under this section.  
    Sec. 3.  Minnesota Statutes 1990, section 343.29, 
subdivision 1, is amended to read: 
    Subdivision 1.  [DELIVERY TO SHELTER.] Any peace officer, 
animal control officer, or agent of the federation or county or 
district societies for the prevention of cruelty, may remove, 
shelter, and care for any animal which is not properly sheltered 
from cold, hot, or inclement weather or any animal not properly 
fed and watered, or provided with suitable food and drink.  When 
necessary, a peace officer, animal control officer, or agent may 
deliver the animal to another person to be sheltered and cared 
for, and furnished with suitable food and drink.  In all cases, 
the owner, if known, shall be immediately notified, and the 
person having possession of the animal, shall have a lien 
thereon for its care and keeping, the reasonable value of the 
food and drink furnished, and the expenses of the notice.  If 
the owner or custodian is unknown and cannot by reasonable 
effort be ascertained, or does not, within five seven days after 
notice, redeem the animal by paying the expenses authorized by 
this subdivision, the animal may be treated as an 
estray disposed of as provided in section 343.235. 
     Sec. 4.  [343.235] [DISPOSITION OF SEIZED ANIMALS.] 
     Subdivision 1.  [GENERAL RULE.] An animal taken into 
custody under section 343.22 or 343.29 may be humanely disposed 
of at the discretion of the jurisdiction having custody of the 
animal seven days after the animal is taken into custody.  
    Subd. 2.  [SECURITY.] A person claiming an interest in an 
animal in custody under subdivision 1 may prevent disposition of 
the animal by posting a bond or security in an amount sufficient 
to provide for the animal's care and keeping for at least 30 
days, inclusive of the date on which the animal was taken into 
custody.  Even if a bond or security is posted, the authority 
having custody of the animal may humanely dispose of the animal 
at the end of the time for which expenses of care and keeping 
are covered by the bond or security, unless there is a court 
order prohibiting the disposition.  The order must provide for a 
bond or other security in the amount necessary to protect the 
authority having custody of the animal from any cost of the 
care, keeping, or disposal of the animal. 
    Subd. 3.  [NOTICE.] The authority taking custody of an 
animal under section 343.22 or 343.29 shall give notice of this 
section by posting a copy of it at the place where the animal is 
taken into custody or by delivering it to a person residing on 
the property.  
    Sec. 5.  [EFFECTIVE DATE.] 
    Sections 1 to 4 are effective the day following final 
enactment. 
    Presented to the governor May 16, 1991 
    Signed by the governor May 20, 1991, 5:02 p.m.