2000 Minnesota Statutes

     343.21 Overworking or mistreating animals; penalty. 

    Subdivision 1.    Torture.  No person shall overdrive, 
 overload, torture, cruelly beat, neglect, or unjustifiably 
 injure, maim, mutilate, or kill any animal, or cruelly work any 
 animal when it is unfit for labor, whether it belongs to that 
 person or to another person. 

    Subd. 2.    Nourishment; shelter.  No person shall 
 deprive any animal over which the person has charge or control 
 of necessary food, water, or shelter. 

    Subd. 3.    Enclosure.  No person shall keep any cow or 
 other animal in any enclosure without providing wholesome 
 exercise and change of air. 

    Subd. 4.    Low feed.  No person shall feed any cow on 
 food which produces impure or unwholesome milk. 

    Subd. 5.    Abandonment.  No person shall abandon any 
 animal. 

    Subd. 6.    Temporary abandonment.  No person shall 
 allow any maimed, sick, infirm, or disabled animal to lie in any 
 street, road, or other public place for more than three hours 
 after receiving notice of the animal's condition. 

    Subd. 7.    Cruelty.  No person shall willfully 
 instigate or in any way further any act of cruelty to any animal 
 or animals, or any act tending to produce cruelty to animals. 

    Subd. 8.    Caging.  No person shall cage any animal for 
 public display purposes unless the display cage is constructed 
 of solid material on three sides to protect the caged animal 
 from the elements and unless the horizontal dimension of each 
 side of the cage is at least four times the length of the caged 
 animal.  The provisions of this subdivision do not apply to the 
 Minnesota state agricultural society, the Minnesota state fair, 
 or to the county agricultural societies, county fairs, to any 
 agricultural display of caged animals by any political 
 subdivision of the state of Minnesota, or to district, regional 
 or national educational livestock or poultry exhibitions. The 
 provisions of this subdivision do not apply to captive wildlife, 
 the exhibition of which is regulated by section 97A.041. 

    Subd. 9.    Penalty.  A person who fails to comply with 
 any provision of this section is guilty of a misdemeanor.  A 
 person convicted of a second or subsequent violation of 
 subdivision 1 or 7 within five years of a previous violation of 
 subdivision 1 or 7 is guilty of a gross misdemeanor. 

    Subd. 10.    Restrictions.  If a person is convicted of 
 violating this section, the court shall require that pet or 
 companion animals, as defined in section 346.36, subdivision 6, 
 that have not been seized by a peace officer or agent and are in 
 the custody of the person must be turned over to a peace officer 
 or other appropriate officer or agent unless the court 
 determines that the person is able and fit to provide adequately 
 for an animal.  If the evidence indicates lack of proper and 
 reasonable care of an animal, the burden is on the person to 
 affirmatively demonstrate by clear and convincing evidence that 
 the person is able and fit to have custody of and provide 
 adequately for an animal.  The court may limit the person's 
 further possession or custody of pet or companion animals, and 
 may impose other conditions the court considers appropriate, 
 including, but not limited to: 

    (1) imposing a probation period during which the person may 
 not have ownership, custody, or control of a pet or companion 
 animal; 

    (2) requiring periodic visits of the person by an animal 
 control officer or agent appointed pursuant to section 343.01, 
 subdivision 1; 

    (3) requiring performance by the person of community 
 service in a humane facility; and 

    (4) requiring the person to receive behavioral counseling. 

    HIST: (10443) RL s 5152; 1959 c 571 s 1-2; 1974 c 3 s 2; 1981 
 c 53 s 2; 1986 c 386 art 4 s 24; 1986 c 444; 1990 c 387 s 1; 
 1990 c 612 s 2; 1993 c 326 art 4 s 10,11