Minnesota Session Laws - 1994, Regular Session

                            CHAPTER 401-H.F.No. 2435 
                  An act relating to animals; changing procedures 
                  concerning certain abandoned animals; amending 
                  Minnesota Statutes 1992, section 346.37, subdivision 1.
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  Minnesota Statutes 1992, section 346.37, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [ABANDONED ANIMALS.] Whenever (a) If an 
        animal is left with a veterinarian, boarding facility, or 
        commercial facility pursuant to a written agreement and the 
        owner does not claim the animal by the agreed date, the animal 
        is abandoned.  If the owner or custodian is unknown and cannot 
        with reasonable effort be ascertained, or does not within six 
        working days after mailing of notice by certified mail to the 
        last known address redeem the animal by paying the expenses 
        incurred, the animal may become the ward of the veterinarian, 
        boarding facility, or commercial facility with the owner or 
        person in possession of the animal and the owner or lawful 
        possessor of the animal has not claimed the animal within ten 
        days after notice in accordance with paragraph (b) or (d), the 
        animal is abandoned and the owner has no further rights or claim 
        to the animal. 
           (b) The notice required under paragraph (a), must be given 
        by the veterinarian, boarding facility, or commercial facility 
        to the owner or the owner's agent at the person's last known 
        address by certified mail, return receipt requested, or may by 
        served upon the owner or owner's agent in the manner that a 
        summons is served in a civil court action in the district 
        courts.  The notice must notify the owner or owner's agent that 
        the animal may be redeemed by paying all prior expenses incurred 
        within ten days or the animal is abandoned and will be disposed 
        of in accordance with this subdivision. 
           (c) If the animal is not claimed within ten days, the 
        veterinarian, boarding facility, or commercial facility becomes 
        the owner of the animal and the animal may be disposed of by the 
        veterinarian, boarding facility, or commercial facility as they 
        consider proper.  Upon the veterinarian, boarding facility, or 
        commercial facility becoming the owner of the animal, the 
        veterinarian, boarding facility, or commercial facility is 
        relieved of any liability for disposal of the animal. 
           (d) If the notice under paragraph (c) is not given to the 
        owner or owner's agent, or if the address of the owner or 
        owner's agent is not known, notice must be given by the 
        veterinarian, boarding facility, or commercial facility by 
        publishing one notice in a legal newspaper circulated in the 
        county where the animal was delivered to the veterinarian, 
        boarding facility, or commercial facility not less than ten days 
        before the animal is to become the property of the veterinarian, 
        boarding facility, or commercial facility under paragraph (c).  
        The published notice must contain the information required in 
        paragraph (b). 
           (e) Each veterinarian, boarding facility, or commercial 
        facility shall warn its patrons of the provisions of this 
        subdivision by a conspicuously posted notice or by conspicuous 
        type in a written receipt document delivered to the owner or the 
        owner's agent. 
           Presented to the governor April 8, 1994 
           Signed by the governor April 11, 1994, 2:32 p.m.