|346.01||Who may take up.|
|346.02||Finder to give notice; penalty.|
|346.04||Charges for keeping.|
|346.05||Sale of estray.|
|346.06||Money, how disposed of.|
|346.07||Removal of estray; neglect to give notice.|
|346.08||Distraint of animals doing damage.|
|346.09||Animals doing damage.|
|346.11||Tender by owner; effect.|
|346.13||Poundmaster; custody; sale; time; notice.|
|346.14||Sale of animal not impounded.|
|346.16||Running at large; defined; prohibited; treble damages.|
|346.17||Proceeds of sale.|
|346.18||Taking distrained beasts a misdemeanor.|
|346.19||Certain male animals or breachy cattle.|
|346.39||Dogs and cats.|
|346.43||Farm animals excluded.|
|346.54||Notification of owners.|
|346.56||Unauthorized release of animals.|
|346.57||Dogs and cats in motor vehicles.|
|346.58||Dogs and cats; best management standards for care by dealers, commercial breeders, and brokers.|
346.01 Who may take up.
No person shall take up any estray, except horses or mules, unless such estray shall be found on lands owned or occupied by the person in the town wherein the person resides.
346.02 Finder to give notice; penalty.
A person who finds an estray and knows who owns it shall notify the owner within seven days after finding the estray and request the owner to pay all reasonable charges and take such estray away. A finder who does not know who owns the estray shall within ten days file a notice with the town clerk. The clerk shall transmit a copy thereof to the county recorder, who shall record the same in a book designated "estray book." The finder shall give posted notice of the finding of the estray in said town. The notice shall briefly describe the estray, giving its marks, natural and artificial, as nearly as practicable, naming the residence of the finder, and specifying the town, section, and time when taken up. For failure to give such notice, the finder shall be liable to the owner of the estray in double the amount of damages sustained by the owner thereby.
Every finder of an estray of the value of $10 or more at the time of taking up shall, within one month, have it appraised by a county or municipal judge. The certificate of appraisement shall be filed with the town clerk. The finder shall pay 50 cents for the certificate and six cents per mile for each mile necessarily traveled to make the appraisal.
346.04 Charges for keeping.
The person entitled to the possession of any estray, at any time within one year after notice is filed with the town clerk, may have it restored upon proving the right to it and paying all lawful charges that occur in relation to it. If the person and the finder cannot agree as to the amount of the charges, or upon what should be allowed for the use of the estray, either party, on notice to the other, may apply to a county or municipal court judge to settle the disagreement. The judge may examine witnesses on oath. If any amount is owed to the finder, over the value of the use of the estray, the money, with costs, shall be a lien upon the estray. The costs of the adjudication shall be allocated by the judge.
346.05 Sale of estray.
If no claimant for such estray shall cause its return to the claimant as before provided, and if such estray shall not have been appraised at more than $10, the finder shall thereupon become the owner thereof; but, if such appraised value exceeds $10, the estray shall be sold at public auction by any constable of the county on the request of the finder. Notice thereof shall be given and the sale conducted and the same fees allowed as in case of sales upon justice's execution. The finder may bid at such sale, and at the time thereof shall deliver to such officer a statement, in writing, of the finder's charges. After deducting such charges, if reasonable, and the costs of sale, the officer shall deposit the remainder of the money, together with the written statement and a statement of the costs of sale, with the county treasurer, taking the treasurer's receipt therefor. If the finder of any such estray shall fail to cause the sale to be made, the finder shall pay to the town the value of the estray, to be recovered in an action by the town.
346.06 Money, how disposed of.
If the money so deposited be not claimed by the former owner of the estray within one year after such sale, the same shall be paid by the county treasurer into the public school fund.
HIST: (7272) RL s 2774
346.07 Removal of estray; neglect to give notice.
If any person, without the consent of the finder, shall take away any estray taken up pursuant to this chapter, without first paying all lawful charges incurred in relation to the same, the person shall be liable to the finder for the value of the estray; and, if any person taking up the estray shall neglect to comply with the provisions of this chapter, that person shall be precluded from acquiring any right of property in such estray and from receiving any charges or compensation in relation thereto.
346.08 Distraint of animals doing damage.
The owner or occupant of lands may distrain any beast doing damage thereon, either while upon the premises or upon immediate pursuit of such beast escaping therefrom, and before returning to the enclosure or immediate care of the owner or keeper, and keep such beast upon the distrainer's premises, or in some public ground in the distrainer's town, until the damages shall be appraised, as hereinafter provided.
346.09 Animals doing damage.
Subdivision 1. Notice; appraisers. The person distraining shall give notice to the owner of the beast, if known to the distrainer, within 24 hours if the owner resides in the same town, and within 48 hours if the owner resides in another town in the same county, Sundays excepted. The notice shall specify the time when and the place where distrained, the number of beasts, and the place of their detention, and that at a time and place stated therein, which shall not be less than 12 hours after the service of the notice, nor more than three days after the distress, the distrainer will apply to a designated county or municipal judge of the county for the appointment of appraisers to appraise the damages. If the owner is unknown or does not reside in the county, the distraining person shall apply for the appointment of appraisers within 24 hours after the distress without notice. After the application, the judge shall appoint three disinterested residents of the town to appraise the damages.
Subd. 2. Owners right to appraisal. If the distraining person fails to apply for appointment of appraisers within the time designated in subdivision 1, the owner of the beasts distrained may in the same manner apply for appointment of appraisers.
346.10 Appraisement; procedure.
The appraisers, immediately after their appointment, shall be sworn and view the damage done. They may take the evidence of any witnesses of the facts and circumstances necessary to enable them to ascertain the extent of such damage, and the insufficiency of any line fence on the premises where the damage was done, if any dispute shall arise touching the same, and may administer oaths to such witnesses. They shall certify, under their hands, the amount of such damages, and the costs of keeping such beasts to that time, with their fees, not exceeding $1 per day each; and their determination as to such damages, and the sufficiency of such fence, if in dispute, shall be conclusive.
HIST: (7276) RL s 2778
346.11 Tender by owner; effect.
At any time before proceedings are begun for such appraisement, or before action is brought for the recovery of damages, the owner or the owner's agent may tender, to the person aggrieved by the depredation of such animal, the amount of damages which such owner may believe has been sustained. If the tender be accepted, no further damages shall be recovered in any way; if refused, and the person aggrieved fails to substantiate or recover as damages a sum greater than that tendered, no costs, disbursements, or expenses shall be collected or recovered in the aggrieved person's favor, but the aggrieved person shall pay the costs and disbursements of such owner.
Unless the damages so ascertained, together with the fees of the appraisers and justice, shall be paid within 24 hours after appraisal, the person distraining shall cause the beasts to be put into the nearest pound of the same town, if there be one; and, if not, then in some secure enclosure therein, where the same shall remain until sold, as hereinafter directed, or until the damages, fees, and the costs of keeping the beasts after appraisal shall be paid, or until otherwise seized or discharged according to law. From the time of seizure until discharged or sold, such beasts shall be furnished with suitable food, the expense of which, after the appraisal, shall be added thereto as additional costs; and, if the beasts be put in a pound, the certificate of appraisal shall be delivered to the keeper thereof.
HIST: (7278) RL s 2780
346.13 Poundmaster; custody; sale; time; notice.
The poundmaster shall receive and keep in the public pound any beasts so delivered to the poundmaster; and, unless seized or discharged according to law within six days, shall sell the same or as many as shall be necessary to pay such damages, fees, and costs, at public auction, giving three days posted notice thereof, and posting one such notice on the pound.
346.14 Sale of animal not impounded.
If, by reason of there being no pound within such town, such beasts shall be kept within some other enclosure, and shall not be discharged therefrom in the manner hereinbefore provided within six days after being placed therein, the sheriff or any constable of the county shall sell such beasts, or so many as may be necessary to pay such damages, fees, and costs of keeping, upon the same notice as is required in sales of personal property, on execution.
HIST: (7280) RL s 2782
The purchaser of any animal sold under sections 346.13 and 346.14 shall keep the same at least two months, during which time the owner may redeem such animal by paying all costs and charges of keeping, and the amount paid therefor at the sale, with interest thereon at 12 percent per annum.
HIST: (7281) RL s 2783
346.16 Running at large; defined; prohibited; treble damages.
The herding of any animal of the species of cattle, horse, ass, mule, sheep, swine, or goat upon any land over the protest and against the will of the owner shall be deemed a running at large.
It shall be unlawful for any owner or any person having the control of any such animal to permit the same to run at large in the state.
Any person who shall knowingly permit the running at large of any such domestic animal shall be liable to the person aggrieved for treble damages sustained by the aggrieved person, to be recovered in a civil action brought for that purpose.
346.17 Proceeds of sale.
From the proceeds of such sale the person making it shall retain sales fees, which shall be the same as are allowed constables on execution sales, and the costs of keeping such beasts, and shall pay to the distrainer the damages so certified, with fees of the appraisers and justice; and the surplus, if any, shall be paid to the owner of the beasts, if known. If no one appears at the time of the sale, or within one week thereafter, who claims such surplus, the same shall be paid to the treasurer of the town, to be paid to the owner of the beasts, if claimed within one year after the distress. If not applied for within one year, the money shall be applied to the use of the town.
346.18 Taking distrained beasts a misdemeanor.
If any person, without authority of law, and without first paying the damages and costs, takes any distrained beast out of the possession of the person making the distress, or that of the sheriff, constable, or poundmaster, as the case may be, without the possessor's consent, the taker shall be guilty of a misdemeanor, and shall also be liable to the person injured in double the amount of the damage done by such beasts.
346.19 Certain male animals or breachy cattle.
Subdivision 1. Running at large; penalty. The owner of any stallion over the age of one year, bull over the age of nine months, boar or ram over the age of three months, or of any breachy cattle, who shall suffer the same to run at large in any town, shall forfeit to such town $5 for each day any such animal shall be so at large. "Run at large" means any animal which is not picketed, confined in a corral or otherwise restricted by a properly constructed and maintained legal fence as defined by Minnesota Statutes 1945, section 344.02.
Subd. 2. Owner notified; proceedings; sale. Upon notice that any such animal is running at large, the chair of the town board shall forthwith notify its owner, and, if the owner does not immediately confine such animal, the chair shall cause suit to be brought against the owner, in the name of the town, to recover the forfeiture, and the animal may be sold under execution in such action to pay the forfeiture and costs.
Subd. 3. Disposal of proceeds. After deducting the costs and expenses of suit, all such forfeitures collected shall be paid into the town treasury for the use of the road and bridge fund.
Subd. 4. When owner not found. If unable to find the owner of any such animal, the chair shall cause it to be confined in the public pound, if there be one, and, if not, in some other enclosure, for three days; and, if not then claimed, the chair shall cause it to be sold, at public auction, upon five days' posted notice. From the proceeds of the sale the chair shall deduct the amount of the forfeiture and expenses, and deposit the balance with the town treasurer, which shall be paid to the owner of the animal if applied for within one year. If not so applied for, the same shall be paid into the town treasury for the use of the town.
Subd. 5. Castration; limitation of liability in case of rams. If, after being notified, the owner of any such stallion, bull, boar, or ram shall permit the same to continue or again to run at large, such chair shall forthwith cause the same to be taken up and castrated in the usual manner, and shall have a lien on such animals for the expenses of so doing, and may also recover the amount of such expenses from the owner of the animal in a civil action brought in the name of the town; provided, that any such ram running at large may be castrated without liability for damages by any person among whose sheep he shall be found. Any chair who shall refuse or neglect to perform any of the duties required by this section shall be guilty of a misdemeanor.
346.20 Renumbered 343.20
346.21 Renumbered 343.21
346.215 Renumbered 343.22
346.216 Renumbered 343.23
346.22 Renumbered 343.24
346.23 Renumbered 343.25
346.24 Renumbered 343.26
346.25 Renumbered 343.27
346.26 Renumbered 343.28
346.27 Renumbered 343.29
346.28 Renumbered 343.30
346.29 Renumbered 343.31
346.30 Renumbered 343.32
346.31 Renumbered 343.33
346.32 Renumbered 343.34
346.33 Renumbered 343.35
346.34 Renumbered 343.36
Sections 346.35 to 346.44 may be cited as the "pet and companion animal welfare act."
HIST: 1983 c 358 s 1
Subdivision 1. Scope. Sections 346.35 to 346.44 shall only apply to veterinarians, animal boarding facilities, and commercial animal facilities. As used in sections 346.35 to 346.44 the terms defined in this section have the meanings given them.
Subd. 2. Abuse. "Abuse" means intentionally causing unnecessary pain, injury, suffering, or harassment to a pet or companion animal.
Subd. 3. Cruelty. "Cruelty" means causing or allowing unnecessary pain, suffering, or unjustifiable injury or death to a pet or companion animal.
Subd. 4. Expert opinion. "Expert opinion" means the opinion of at least one licensed Minnesota veterinarian selected by an investigating officer.
Subd. 5. Neglect. "Neglect" means failure to provide the minimum care required for the health and well-being of a pet or companion animal.
Subd. 6. Pet or companion animal. "Pet" or "companion animal" means a nonhuman mammal, bird, or reptile impounded or held for breeding, or possessed by, cared for, or controlled by a person for the present or future enjoyment of that person or another.
Subd. 7. Shelter; confinement area. "Shelter" or "confinement area" means an enclosure provided to protect or confine a pet or companion animal when it is not in transit.
346.37 General provisions.
Subdivision 1. Abandoned animals. (a) If an animal is left with a veterinarian, boarding facility, or commercial facility pursuant to a written agreement 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 be 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 document delivered to the owner or the owner's agent.
Subd. 2. Good Samaritans. A person is not liable for rendering humane assistance to an injured pet or companion animal.
Subd. 3. Cruel training or handling. A person may not inflict cruelty on a pet or companion animal by the use of a cruel training or handling device or method.
Subd. 4. Health care. Adequate health care, including parasite and pest control, must be provided to each pet or companion animal.
Subd. 5. Interpretation of terms. A dispute as to the meaning of "abuse," "cruelty," or "neglect" shall be resolved by an expert opinion.
Subdivision 1. Definition. "Equines" are horses, ponies, mules, and burros.
Subd. 2. Food. Equines must be provided with food of sufficient quantity and quality to allow for normal growth or the maintenance of body weight. Feed standards shall be those recommended by the National Research Council.
Subd. 3. Water. Equines must be provided with clean, potable water in sufficient quantity to satisfy the animal's needs or supplied by free choice. Snow or ice is not an adequate water source.
Subd. 4. Shelter. Equines must be provided a minimum of free choice protection or constructed shelter from direct rays of the sun when temperatures exceed 95 degrees Fahrenheit, from wind, and from freezing precipitation. Natural or constructed shelters must be of sufficient size to provide the necessary protection. Constructed shelters must be structurally sound, free of injurious matter, maintained in good repair, and ventilated.
Subd. 5. Space and cleanliness requirements. Constructed shelters except for tie stalls must provide space for the animal to roll with a minimum danger of being cast. Stalls must be cleaned and kept dry to the extent the animal is not required to lie or stand in fluids. Bedding must be provided in all stalls, kept reasonably clean, and periodically changed. The nature of the bedding must not pose a health hazard to the animal.
Subd. 6. Exercise. Equines must be provided opportunity for periodic exercise, either through free choice or through a forced work program, unless exercise is restricted by a licensed veterinarian.
Subd. 7. Hoof care. All equines must have their hooves properly trimmed periodically to prevent lameness.
Subd. 8. Transportation. A vehicle used to transport an equine must have a floor capable of supporting the animal's weight safely. Floors must be of nonskid construction or of nonskid material sufficient to provide the animal with traction while in transport. A minimum of 12 inches must be allowed between the withers of the largest equine and the structure above the animal while it is in a natural standing position. Sturdy partitions must be provided at a minimum of approximately every ten feet inside the vehicle. Interior compartments of transporting vehicles must be of smooth construction with no protruding or sharp objects and must provide ventilation. Food and water must be provided in sufficient quantities to minimize stress and maintain hydration.
HIST: 1983 c 358 s 4; 1986 c 444
346.39 Dogs and cats.
Subdivision 1. Food. Dogs and cats must be provided with food of sufficient quantity and quality to allow for normal growth or the maintenance of body weight. Feed standards shall be those recommended by the National Research Council.
Subd. 2. Water. Dogs and cats must be provided with clean, potable water in sufficient quantity to satisfy the animal's needs or supplied by free choice. Snow or ice is not an adequate water source.
Subd. 3. Transportation and shipment. When dogs or cats are transported in crates or containers, the crates or containers must be constructed of nonabrasive wire or a smooth, durable material suitable for the animals. Crates and containers must be clean, adequately ventilated, contain sufficient space to allow the animals to turn around, and provide maximum safety and protection to the animals. Exercise for 20 to 30 minutes and water must be provided at least once every eight hours. Food must be provided at least once every 24 hours or more often, if necessary, to maintain the health and condition of the animals.
Subd. 4. Shelter size. A confinement area must provide sufficient space to allow each animal to turn about freely and to easily stand, sit, and lie in a normal position. Each confined animal must be provided a minimum square footage of floor space as measured from the tip of its nose to the base of its tail, plus 25 percent, expressed in square feet. The formula for computing minimum square footage is: (length of animal plus 25 percent) times (length of animal plus 25 percent), divided by 144. A shaded area must be provided sufficient to protect the animal from the direct rays of the sun at all times during the months of May to October.
Subd. 5. Exercise. All dogs and cats must be provided the opportunity for periodic exercise, either through free choice or through a forced work program, unless exercise is restricted by a licensed veterinarian.
Subd. 6. Group housing and breeding. Animals housed together must be kept in compatible groups. Animals must not be bred so often as to endanger their health.
Subd. 7. Temperature. Confinement areas must be maintained at a temperature suitable for the animal involved.
Subd. 8. Ventilation. An indoor confinement area must be ventilated. Drafts, odors, and moisture condensation must be minimized. Auxiliary ventilation, such as exhaust fans, vents, and air conditioning, must be used when the ambient temperature rises to a level that may endanger the health of the animal.
Subd. 9. Lighting. An indoor confinement area must have at least eight hours of illumination sufficient to permit routine inspection and cleaning.
Subd. 10. Confinement and exercise area surfaces. Where applicable, the interior surfaces of confinement and exercise areas, including crates or containers, must be constructed and maintained so that they are substantially impervious to moisture and may be readily cleaned. They must protect the animal from injury and be kept in good repair.
Subd. 11. Drainage. Where applicable, a suitable method must be used to rapidly eliminate excess fluids from confinement areas.
Subd. 12. Sanitation. Food and water receptacles must be accessible to each animal and located so as to minimize contamination by excreta. Feeding and water receptacles must be kept clean. Disposable food receptacles must be discarded when soiled. Measures must be taken to protect animals from being contaminated with water, wastes, and harmful chemicals. Wastes must be disposed of properly. Where applicable, flushing methods and a disinfectant must be used periodically. Bedding, if used, must be kept clean and dry. Outdoor enclosures must be kept clean and base material replaced as necessary.
HIST: 1983 c 358 s 5
346.40 Pet birds.
Subdivision 1. Food. Birds must be fed at least once each day except as otherwise required to provide adequate health care. The food must be wholesome, palatable, and of sufficient quantity and nutritive value to meet the normal daily requirements for the condition and size of the bird, and must be free from contamination.
Subd. 2. Water. Except for birds in shipment for less than four hours, all birds must be provided with clean, potable water in sufficient quantity to satisfy the bird's needs or supplied by free choice. Snow or ice is not an adequate water source.
Subd. 3. Transportation. Birds may be transported only in containers constructed of a smooth, durable material. Containers must:
(a) be suitable for the species being shipped;
(b) be constructed to prevent escape or chewing of the container by the bird that may be injurious to the health of the bird;
(c) have ventilation on only one side to prevent cross drafts;
(d) provide enough space for the bird to stand up, turn around, and obtain necessary food, water, and roosting space;
(e) have fresh food and water available to the bird at all times if the shipping period exceeds four hours.
Subd. 4. Shelter or cage construction. A shelter or cage for a bird must be constructed of materials that are impervious to moisture and can be readily cleaned. Perches or other space must be provided to allow the bird to roost without physical harassment from other birds.
Subd. 5. Exercise. Room must be provided for a bird to obtain exercise to maintain itself in good health.
Subd. 6. Temperature. A confinement area must be maintained at a temperature suitable for the bird involved.
Subd. 7. Ventilation. A bird shelter or cage must provide ventilation with minimized drafts, odors, and moisture condensation.
Subd. 8. Lighting. Shelters or cages for birds must have at least eight hours of either natural or artificial light to allow for intake of food and water. Lighting must be of sufficient intensity and distribution to permit routine inspection and cleaning on a regular basis.
Subd. 9. Sanitation. Excreta must be removed from the bottom of a bird cage on a regular basis to prevent the contamination of the caged bird. The cage, perches, and food and water receptacles must be cleaned on a regular basis.
HIST: 1983 c 358 s 6
Subdivision 1. Food. Food must be made available to every pet rodent at least once a day. This food must be fresh, wholesome, palatable, free from contamination, and of sufficient nutritive value to meet the normal daily requirements necessary to maintain the health and condition of the animal.
Subd. 2. Water. A pet rodent must be provided with clean, potable water in sufficient quantity to satisfy the animal's needs or supplied by free choice. Snow or ice is not an adequate water source.
Subd. 3. Transportation. Rodents may be transported only in containers constructed of a smooth, durable material. Containers must:
(a) be constructed so as to prevent escape or injury by chewing;
(b) provide fresh air to each contained animal and yet prevent exposure to injurious drafts;
(c) provide enough space for each animal to stand up, turn around, and obtain necessary food and water;
(d) have fresh food and water available to each animal during all shipping periods exceeding six hours. Food and water requirements may be met by providing vegetables or fruits sufficient to meet an animal's food and water needs.
Subd. 4. Shelter and cage construction. Shelters or cages must be constructed in a manner that allows cleaning of the entire surface area. The materials used must be of sufficient strength to prevent escape or injury by chewing and to protect the animal from predators.
A shelter or cage with a solid bottom must be constructed of materials that are impervious to moisture. A shelter or cage with a wire or mesh bottom must be constructed to allow excreta to pass through the spaces in the wire or mesh. The wire or mesh floor must be constructed to prevent injury to the feet and legs of the animals.
Outdoor confinement areas must provide sufficient shade to protect the animal from the direct rays of the sun and shelter the animal from rain or snow.
Subd. 5. Exercise. A shelter or cage must be of sufficient height and have sufficient floor space to allow the caged animals to obtain proper exercise and maintain good health.
Subd. 6. Temperature. A confinement area must be maintained at a temperature suitable for the confined animal.
Subd. 7. Ventilation. A shelter or cage must provide ventilation to the confined animals. It must be constructed to minimize drafts, odors, and moisture condensation. Additional ventilation must be provided when the ambient temperature rises to a level that may endanger the health of the animal.
Subd. 8. Lighting. Lighting of sufficient intensity and distribution must be available to permit routine inspection and regular cleaning.
Subd. 9. Sanitation. A shelter or cage must be cleaned on a regular basis to prevent the accumulation of excreta, hair, contaminated or wet litter, and uneaten or contaminated food. If the shelter or cage has a solid floor, the floor must be covered with clean, dry bedding which must be changed at least once a week. If the shelter or cage has a wire or mesh floor, the catch pans or troughs under the cage must be cleaned at least once a week. If the cage or shelter becomes soiled or wet to a degree that may be harmful to the caged animals due to water leakage, dead animals, or spoiled foods, the animals must be transferred to clean, dry quarters as soon as possible after discovery of the condition. The shelter or cage, and food and water receptacles, must be regularly cleaned.
Subd. 10. Chewing materials. A rodent must be provided with materials that allow necessary chewing to prevent detrimental overgrowth of the animal's teeth.
HIST: 1983 c 358 s 7
346.42 Other animals.
HIST: 1983 c 358 s 8
346.43 Farm animals excluded.
HIST: 1983 c 358 s 9
HIST: 1983 c 358 s 10
346.50 Dogs; identification.
An owner or custodian of a dog who permits the dog to be uncontrolled off the owner's or custodian's premises shall have the dog identified in one of the following ways:
(1) by a device, tag, or plate attached to the dog by a collar, harness, or device giving the name, address, and telephone number of the current owner;
(2) by an electronically activated identification device within or attached to the body of the dog through which the owner can be promptly identified;
(3) by a number legibly tattooed on the thigh, abdomen, or ear of the dog through which the owner can be promptly identified using information from official dog registries, city or county registries, veterinary hospital registries, or driver's license records;
(4) by an official license tag of a city or county through which the owner can be promptly identified; or
(5) by a current rabies vaccination tag or other identification device of a city, a county, or a veterinarian through which the owner can be promptly identified.
HIST: 1985 c 294 s 1
An owner or custodian of a dog which does not have an appropriate antirabies vaccination and which bites or otherwise exposes a person to rabies virus may be penalized under section 346.53.
HIST: 1985 c 294 s 2
346.52 Local programs.
Sections 346.50 to 346.54 do not prohibit or restrict a local governmental unit from imposing an identification or rabies control program with more restrictive provisions or prohibiting dogs from running uncontrolled.
HIST: 1985 c 294 s 3
HIST: 1985 c 294 s 4
346.54 Notification of owners.
Animal shelter personnel who receive animals shall check for identification on each animal, identify the owner by the identification whenever possible, and promptly notify the owner of the location of the animal by the most expedient means.
HIST: 1985 c 294 s 5
346.55 Civil liability.
Subdivision 1. Penalty. The transfer by a person other than the owner of a dog or cat to a dealer, the possession of a dog or cat by a dealer without the permission of the owner, or the transfer of a dog or cat by a dealer to an institution without the permission of the owner is prohibited. Nothing in this section prohibits the transfer of a dog or cat to a dealer if the dog or cat is removed from a property by or at the request of a person in possession of the property. For the purpose of this subdivision, "dealer" and "institution" have the meanings given them in section 347.31.
A person who transfers or possesses a dog or cat without claim of right with intent to deprive the owner permanently of possession of the dog or cat violates this section and is liable for a civil penalty of up to $1,000 per dog or cat for each violation. In bringing a civil action under this section the charging attorney shall consider, and in imposing a fine the court shall consider:
(1) the history of previous violations;
(2) the number of violations;
(3) the degree of willfulness of the violation;
(4) the good faith of the dealer;
(5) the good faith of the person delivering the dog or cat to the dealer; and
(6) the gravity of the violation.
A fine paid by the defendant in a criminal action that arose from the same violation may not be applied toward payment of the civil penalty under this subdivision.
Subd. 2. Jurisdiction. Notwithstanding sections 487.15, 488A.01, and 488A.18, the county and municipal courts may hear, try, and determine actions started under this section. Trials under this section must be to the court, sitting without a jury.
Subd. 3. Appearances. Notwithstanding section 8.01, county or city attorneys may appear for the board of animal health in civil actions started under this section at the request of the attorney general. Actions under this section may be brought in the name of the state of Minnesota with the consent of the board of animal health or directly by a city or county attorney at the request of a person filing a complaint.
Subd. 4. Venue. Civil actions under this section may be started in any county in which the animal in question was transferred or possessed, or from which the dog or cat was removed without the permission of the lawful owner.
Subd. 5. Fines. Fines collected under this section must be disposed of as follows:
(a) If the violation occurs in the county, and the county attorney appears in the action, 50 percent to the county and 50 percent to the state.
(b) If the violation occurs within the municipality, and the city attorney appears in the action, 50 percent to the city and 50 percent to the state.
(c) If the attorney general appears in the action, all penalties imposed and fines collected must be credited to the general fund in the state treasury.
HIST: 1987 c 380 art 3 s 1
346.56 Unauthorized release of animals.
Subdivision 1. Repealed, 1989 c 55 s 3
Subd. 2. Liability for damages. A person who without permission releases an animal lawfully confined for science, research, commerce, or education is liable: (1) to the owner of the animal for damages, including the costs of restoring the animal to confinement and to its health condition prior to release; and (2) for damage to personal and real property caused by the released animal. If the release causes the failure of an experiment, the person is liable for all costs of repeating the experiment, including replacement of the animals, labor, and materials.
346.57 Dogs and cats in motor vehicles.
Subdivision 1. Unattended dogs or cats. A person may not leave a dog or a cat unattended in a standing or parked motor vehicle in a manner that endangers the dog's or cat's health or safety.
Subd. 2. Removal of dogs or cats. A peace officer, as defined in section 626.84, a humane agent, a dog warden, or a volunteer or professional member of a fire or rescue department of a political subdivision may use reasonable force to enter a motor vehicle and remove a dog or cat which has been left in the vehicle in violation of subdivision 1. A person removing a dog or a cat under this subdivision shall use reasonable means to contact the owner of the dog or cat to arrange for its return home. If the person is unable to contact the owner, the person may take the dog or cat to an animal shelter.
Subd. 3. Petty misdemeanor. A person who violates subdivision 1 is subject to a fine of $25.
HIST: 1988 c 711 s 6
346.58 Dogs and cats; best management standards for care by dealers, commercial breeders, and brokers.
The commissioner of agriculture shall consult with interested persons, including but not limited to persons representing dog and cat dealers, breeders, and brokers, the Minnesota federated humane society, the Minnesota council for dog clubs, the American dog owners association, the board of animal health, the Minnesota purebred dog breeders association, the Minnesota citizens for animal care, the United States Department of Agriculture, and the Minnesota veterinary medical association. The commissioner shall issue an order containing best management standards of care for dogs and cats by dealers, commercial breeders, and brokers. The commissioner shall urge dealers, commercial breeders, and brokers to follow the standards issued in the order.
Official Publication of the State of Minnesota
Revisor of Statutes