Office of the Revisor of Statutes
Minnesota Session Laws - 2004, Regular Session
Key: (1) language to be deleted (2) new language
CHAPTER 264-S.F.No. 1530
An act relating to animals; imposing limits on
ownership and possession of certain animals; requiring
registration; providing criminal penalties; proposing
coding for new law in Minnesota Statutes, chapter 346.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1. [346.155] [POSSESSING REGULATED ANIMALS.]
Subdivision 1. [DEFINITIONS.] (a) The definitions in this
subdivision apply to this section.
(b) "Person" means any natural person, firm, partnership,
corporation, or association, however organized.
(c) "Wildlife sanctuary" means a 501(c)(3) nonprofit
organization that:
(1) operates a place of refuge where abused, neglected,
unwanted, impounded, abandoned, orphaned, or displaced wildlife
are provided care for their lifetime;
(2) does not conduct any commercial activity with respect
to any animal of which the organization is an owner; and
(3) does not buy, sell, trade, auction, lease, loan, or
breed any animal of which the organization is an owner, except
as an integral part of the species survival plan of the American
Zoo and Aquarium Association.
(d) "Possess" means to own, care for, have custody of, or
control.
(e) "Regulated animal" means:
(1) all members of the Felidae family including, but not
limited to, lions, tigers, cougars, leopards, cheetahs, ocelots,
and servals, but not including domestic cats or cats recognized
as a domestic breed, registered as a domestic breed, and shown
as a domestic breed by a national or international multibreed
cat registry association;
(2) bears; and
(3) all nonhuman primates, including, but not limited to,
lemurs, monkeys, chimpanzees, gorillas, orangutans, marmosets,
lorises, and tamarins.
Regulated animal includes any hybrid or cross between an
animal listed in clause (1), (2), or (3) and a domestic animal
and offspring from all subsequent generations of those crosses
or hybrids.
(f) "Local animal control authority" means an agency of the
state, county, municipality, or other governmental subdivision
of the state that is responsible for animal control operations
in its jurisdiction.
Subd. 2. [POSSESSION OF REGULATED ANIMALS.] (a) Except as
provided in this section, it is unlawful for a person to possess
a regulated animal.
(b) A person who possesses a regulated animal on the
effective date of this section has 90 days to come into
compliance with regulations promulgated by the United States
Department of Agriculture for regulated animals under the Animal
Welfare Act, Public Law 89-544, and its subsequent amendments,
and the regulations adopted under that act relating to
facilities and operations, animal health and husbandry, and
veterinary care for regulated animals.
(c) Except as provided in paragraph (e), a person must not
take possession of a regulated animal after the effective date
of this section.
(d) Except as provided in paragraph (e), a person must not
allow regulated animals in their possession to breed after the
effective date of this section.
(e) Except as provided in paragraph (g), a person who
possesses a valid United States Department of Agriculture
license and is in compliance with the United States Department
of Agriculture Animal Welfare Act regulations and standards on
the effective date of this section may breed, purchase, or
otherwise acquire new regulated animals after the effective date
of this section in order to:
(1) maintain the operating inventory of regulated animals
possessed on the effective date of this section;
(2) sell regulated animals to other United States
Department of Agriculture licensed and compliant facilities
within Minnesota for replacement purposes as provided in clause
(1);
(3) sell regulated animals outside Minnesota; or
(4) sell regulated animals to persons eligible under
paragraph (f). Offspring under six months of age shall not be
counted for the purpose of determining the number of replacement
animals that can be possessed under this paragraph.
(f) Except as provided in paragraph (g), a person who does
not hold a United States Department of Agriculture license for
regulated animals, possesses a regulated animal on the effective
date of this section, and has properly registered the animal may
replace the regulated animal if it dies, but may replace it only
once.
(g) If a regulated animal dies of neglect or cruelty, is
seized pursuant to subdivision 5, or if the person is involved
in illegal activities, the person cannot acquire a replacement
animal.
Subd. 3. [REGISTRATION.] (a) Within 60 days after the
effective date of this section, a person who possesses a
regulated animal must notify in writing the local animal control
authority using a registration form prepared by the Minnesota
Animal Control Association and approved by the Board of Animal
Health. The notification shall include the person's name,
address, telephone number, and a complete inventory of each
regulated animal that the person possesses. The inventory shall
include the following information: number and species of each
regulated animal; the microchip number and manufacturer for each
regulated animal if available; the exact location where each
regulated animal is kept; and age, sex, color, weight, scars,
and any distinguishing marks of each regulated animal.
(b) If a person who possesses a regulated animal has a
microchip implanted in the animal for identification, the name
of the microchip manufacturer and the identification number of
the microchip must be provided to the local animal control
authority. If a regulated animal is sedated for any reason and
the animal does not have a microchip implanted, a microchip must
be implanted in the regulated animal. Within 30 days after the
microchip is implanted, the name of the microchip manufacturer
and the identification number of the microchip must be provided
to the local animal control authority. A person selling or
transferring ownership of offspring under six months of age as
provided in subdivision 2, paragraph (e), is encouraged to have
a microchip implanted in the animal prior to the sale or
transfer. Within 30 days of acquisition, a person acquiring
ownership of an offspring with a microchip implanted shall
comply with microchip information reporting requirements under
this section.
(c) If a local animal control authority performs an initial
site inspection, a fee of up to $50 may be charged. An annual
fee of $25 per animal to register regulated animals up to a
maximum of $250 annually per person may be charged. The local
animal control authority may charge an additional site
inspection fee of $50 if the person acquires and possesses
another type of regulated animal. A certificate of registration
must be issued by the local animal control authority to the
person upon payment of the fee.
Subd. 4. [REQUIREMENTS.] (a) A person who possesses a
regulated animal must maintain health and ownership records on
each animal and must maintain the records for the life of the
animal. If possession of the regulated animal is transferred to
another person, a copy of the health and ownership records must
accompany the animal.
(b) A person who possesses a regulated animal must maintain
an ongoing program of veterinary care which includes a
veterinary visit to the premises at least annually.
(c) A person who possesses a regulated animal must notify
the local animal control authority in writing within ten days of
a change in address or location where the regulated animal is
kept.
(d) A person with a United States Department of Agriculture
license for regulated animals shall forward a copy of their
United States Department of Agriculture inspection report to the
local animal control authority within 30 days of receipt of the
inspection report.
(e) A person who possesses a regulated animal shall
prominently display a sign on the structure where the animal is
housed indicating that a regulated animal is on the premises.
(f) A person who possesses a regulated animal must notify,
as soon as practicable, local law enforcement officials of any
escape of a regulated animal. The person who possesses the
regulated animal is liable for any costs incurred by any person,
city, county, or state agency resulting from the escape of a
regulated animal unless the escape is due to a criminal act by
another person or a natural event.
(g) A person who possesses a regulated animal must maintain
a written recovery plan in the event of the escape of a
regulated animal. The person must maintain live traps, or other
equipment necessary to assist in the recovery of the regulated
animal.
(h) If requested by the local animal control authority, a
person may not move a regulated animal from its location unless
the person notifies the local animal control authority prior to
moving the animal. The notification must include the date and
the location where the animal is moved. This paragraph does not
apply to a regulated animal transported to a licensed
veterinarian.
(i) If a person who possesses a regulated animal can no
longer care for the animal, the person shall take steps to find
long-term placement for the regulated animal.
Subd. 5. [SEIZURE.] (a) The local animal control
authority, upon issuance of a notice of inspection, must be
granted access at reasonable times to sites where the local
animal control authority has reason to believe a violation of
this chapter is occurring or has occurred.
(b) If a person who possesses a regulated animal is not in
compliance with the requirements of this section, the local
animal control authority shall take possession of the animal for
custody and care, provided that the procedures in this
subdivision are followed.
(c) Upon request of a person possessing a regulated animal,
the local animal control authority may allow the animal to
remain in the physical custody of the owner for 30 days, during
which time the owner shall take all necessary actions to come in
compliance with this section. During the 30-day period, the
local animal control authority may inspect, at any reasonable
time, the premises where the animal is kept.
(d) If a person who possesses a regulated animal is not in
compliance with this section following the 30-day period
described in paragraph (c), the local animal control authority
shall seize the animal and place it in a holding facility that
is appropriate for the species for up to ten days. The
authority taking custody of an animal under this section shall
provide a notice of the seizure by delivering or mailing it to
the owner, 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. The notice must include:
(1) a description of the animal seized; the authority for
and purpose of the seizure; the time, place, and circumstances
under which the animal was seized; and a contact person and
telephone number;
(2) a statement that a person from whom a regulated animal
was seized may post security to prevent disposition of the
animal and may request a hearing concerning the seizure and that
failure to do so within five business days of the date of the
notice will result in disposition of the animal;
(3) a statement that actual costs of the care, keeping, and
disposal of the regulated animal are the responsibility of the
person from whom the animal was seized, except to the extent
that a court or hearing officer finds that the seizure or
impoundment was not substantially justified by law; and
(4) a form that can be used by a person from whom a
regulated animal was seized for requesting a hearing under this
subdivision.
(e) If a person from whom the regulated animal was seized
makes a request within five business days of the seizure, a
hearing must be held within five business days of the request to
determine the validity of the seizure and disposition of the
animal. The judge or hearing officer may authorize the return
of the animal to the person from whom the animal was seized if
the judge or hearing officer finds:
(1) that the person can and will provide the care required
by law for the regulated animal; and
(2) the regulated animal is physically fit.
(f) If a judge or hearing officer orders a permanent
disposition of the regulated animal, the local animal control
authority may take steps to find long-term placement for the
animal with a wildlife sanctuary, persons authorized by the
Department of Natural Resources, or an appropriate United States
Department of Agriculture licensed facility.
(g) A person from whom a regulated animal is seized is
liable for all actual costs of care, keeping, and disposal of
the animal, except to the extent that a court or hearing officer
finds that the seizure was not substantially justified by law.
The costs must be paid in full or a mutually satisfactory
arrangement for payment must be made between the local animal
control authority and the person claiming an interest in the
animal before return of the animal to the person.
(h) A person from whom a regulated animal has been seized
under this subdivision may prevent disposition of the animal by
posting security in the amount sufficient to provide for the
actual costs of care and keeping of the animal. The security
must be posted within five business days of the seizure,
inclusive of the day of the seizure.
(i) If circumstances exist threatening the life of a person
or the life of any animal, local law enforcement or the local
animal control authority shall seize a regulated animal without
an opportunity for hearing or court order, or destroy the animal.
Subd. 6. [DISPOSAL OF ANIMALS.] Upon proper determination
by a Minnesota licensed veterinarian, any regulated animal taken
into custody under this section may be immediately disposed of
when the regulated animal is suffering and is beyond cure
through reasonable care and treatment. The authority taking
custody of the regulated animal may recover all costs incurred
under this section.
Subd. 7. [EXEMPTIONS.] This section does not apply to:
(1) institutions accredited by the American Zoo and
Aquarium Association;
(2) a wildlife sanctuary;
(3) fur-bearing animals, as defined in section 97A.015,
possessed by a game farm that is licensed under section 97A.105,
or bears possessed by a game farm that is licensed under section
97A.105;
(4) the Department of Natural Resources, or a person
authorized by permit issued by the commissioner of natural
resources pursuant to section 97A.401, subdivision 3;
(5) a licensed or accredited research or medical
institution; or
(6) a United States Department of Agriculture licensed
exhibitor of regulated animals while transporting or as part of
a circus, carnival, rodeo, or fair.
Subd. 8. [LICENSE TRANSFER.] Nothing in this section
precludes a person who holds a valid United States Department of
Agriculture license from selling or transferring the entire
business and the regulated animals covered by that license to
another person who holds a valid United States Department of
Agriculture license.
Subd. 9. [REPORT TO THE BOARD OF ANIMAL HEALTH.] By July 1
each year, a local animal control authority shall report to the
Board of Animal Health on regulated animals registered with the
local animal control authority. The report shall include all
registration information submitted to the local animal control
authority under subdivision 3, paragraph (a), and information on
enforcement actions taken under this section.
Subd. 10. [PENALTY.] A person who knowingly violates
subdivision 2, 3, or 4 is guilty of a misdemeanor.
Sec. 2. [EFFECTIVE DATE.]
Section 1 is effective January 1, 2005.
Presented to the governor May 18, 2004
Signed by the governor May 29, 2004, 2:10 p.m.
Official Publication of the State of Minnesota
Revisor of Statutes