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Key: (1) language to be deleted (2) new language

CHAPTER 325--S.F.No. 2876

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 begin that there is a dangerous dog on the propertynew text end , including a warning symbol to inform childrendeleted text begin , that deleted text end deleted text begin there 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 end new text begin $300,000new 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 end new 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 begin a countydeleted text end new 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 end new 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 begin the new text end uniform deleted text begin and specifieddeleted text end new 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 begin each countydeleted text end new text begin the animal control authoritynew text end and shall charge the deleted text begin countydeleted text end new text begin animal control authoritynew text end the actual cost of the warning symbols received. The deleted text begin countydeleted text end new text begin animal control authority new text end may 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 begin countydeleted text end new text begin animal control authority new text end may 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 begin The 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 begin A countydeleted text end new text begin An animal control authority new text end may contract with another political subdivision or other person to provide the services required under sections 347.50 to deleted text begin 347.54deleted text end new 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 begin animal control authority new text end and all certificates of registration must be issued in the name of the deleted text begin countydeleted text end new 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 begin jurisdictiondeleted text end new text begin location where the dog will reside new text end within 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 begin maydeleted text end new text begin shall new text end require 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 begin maydeleted text end new text begin shall seize the dog andnew text end have deleted text begin the animaldeleted text end new 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 begin sellsdeleted text end new text begin transfers ownership ofnew text end a dangerous dog must notify the deleted text begin purchaserdeleted text end new text begin new ownernew text end that the animal control authority has identified the dog as dangerous. The deleted text begin sellerdeleted text end new text begin current ownernew text end must also notify the animal control authority in writing of the deleted text begin saledeleted text end new 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 begin AND DANGEROUS new text end DOGS.

Any statutory or home rule charter city, or any county, may regulate potentially dangerous new text begin and dangerous new text end dogs. Except as provided in section 347.51, subdivision 8, nothing in sections 347.50 to limits any restrictions new text begin that new text end the local jurisdictions may place on owners of potentially dangerous new text begin or dangerous new text end dogs.

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 begin ordeleted text end

(4) the dog is outside the proper enclosure and not under physical restraint of a responsible person as required under section 347.52new 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 begin If 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 begin owner is not convicted and the new text end dog 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 dogdeleted 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 begin Anydeleted text end new text begin Anew text end person who violates deleted text begin anydeleted text end new 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 begin removal from the jurisdictiondeleted text end new text begin change of location where the dog will residenew text end , to sign a false affidavit with respect to a dangerous dog's death or deleted text begin removal from the jurisdictiondeleted text end new 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 end new 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 begin 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. new text end The 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

Presented to the governor May 12, 2008

Signed by the governor May 15, 2008, 2:50 p.m.

Official Publication of the State of Minnesota
Revisor of Statutes