2005 Minnesota Statutes

CHAPTER 347. Dogs and cats

DOGS

     347.01 Owner's liability; penalty. 

    (a) Owners or keepers of any dog or dogs, that kill, wound, 
 or worry any domestic animal or animals, shall be jointly and 
 severally liable to the owner of such animal or animals for all 
 damages done by such dog or dogs, without proving notice to or 
 knowledge by any such owner or keeper of such dog or dogs, that 
 any or either of them was mischievous or disposed to kill or 
 worry any domestic animal.  

    (b) The owner of any dog that kills or pursues domestic 
 livestock is guilty of a petty misdemeanor. 

    HIST: (7284) RL s 2786; 1915 c 344 s 1; 1985 c 269 s 2 

     347.02 Keeping after notice; penalty.  

    Every person who shall keep or harbor a dog which has 
 bitten any domestic animal, after having notice of such fact, 
 shall pay a fine of $5 for every day the person keeps, harbors, 
 or permits such dog to remain on the person's premises 
 thereafter.  

    HIST: (7285) RL s 2787; 1986 c 444 

     347.03 Dogs may be killed.  

    Any owner or caretaker may kill any dog found chasing, 
 injuring, or worrying sheep or other livestock or poultry owned 
 by or in care of such owner or caretaker, on lands or premises 
 owned or controlled by the owner or caretaker, and any owner or 
 caretaker of sheep may kill any dog found on the owner's or 
 caretaker's premises where sheep are kept, not under human 
 restraint or control.  

    HIST: (7286) RL s 2788; 1927 c 217 s 1; 1986 c 444 

     347.04 Public nuisance. 

    Any dog that habitually worries, chases, or molests teams 
 or persons traveling peaceably on the public road is a public 
 nuisance.  Upon complaint in writing to a county or municipal 
 judge containing a description of the dog, including the name of 
 the dog and its owner, or stating that the name or names are not 
 known, and alleging that the dog is a public nuisance, the judge 
 shall issue a summons, if the owner is known, commanding the 
 owner to appear before the judge at a specified time, not less 
 than six nor more than ten days from the date of the summons, to 
 answer the complaint.  The summons shall be served not less than 
 six days before the day of the hearing in the same manner as 
 other district court summonses. 

    HIST: (7287) RL s 2789; 1983 c 359 s 37; 1986 c 444; 1998 c 
 254 art 2 s 35 

     347.05 Owner not known. 

    If it appears from the complaint that the owner is not 
 known, ten days' posted notice, containing a description of the 
 dog as given in the complaint, and stating that a complaint has 
 been made, and the time and place of hearing on it, shall be 
 given in the town where the judge presides.  

    HIST: (7288) RL s 2790; 1983 c 359 s 38 

     347.06 Hearing; judgment; execution. 

    The judge shall hear the evidence in the case.  Upon 
 finding that the dog is a public nuisance, the judge shall enter 
 judgment accordingly, and shall order the constable to kill and 
 dispose of the dog. 

    HIST: (7289) RL s 2791; 1983 c 359 s 39; 1986 c 444 

     347.07 Costs.  

    Costs in the first instance shall be paid by the 
 complainant, but if the dog is adjudged a nuisance, and the 
 owner is known, judgment shall be entered against the owner 
 therefor.  

    HIST: (7290) RL s 2792; 1986 c 444 

     347.08 County board may license.  

    Subdivision 1.    Establishment of licensing system.  
 The board of county commissioners of any county is hereby 
 authorized to establish a system of licensing and regulating the 
 running at large of dogs, except in cities of the first class, 
 and create a livestock indemnity fund to be handled and 
 disbursed as hereinafter provided.  

    Before regulating and licensing, there must be filed with 
 the county auditor a petition signed by at least 25 percent of 
 the persons actually engaged in raising livestock, including 
 poultry, in the county, as shown by the assessors' records, 
 requesting the board to establish such system.  When the 
 petition has been filed the board of county commissioners shall 
 establish such system; or the board of county commissioners may, 
 by a majority vote, on their own motion and without petition, 
 establish such system.  The board of county commissioners shall 
 exclude from the operation of sections 347.08 to 347.21, 
 statutory cities, second, third, and fourth class cities if such 
 city has in operation a satisfactory law regulating dogs running 
 at large.  

    Subd. 2.    Revocation of system.  At any time after 
 such system has been in effect for a period of two years from 
 the date of its establishment, it may be revoked by a majority 
 vote of the board of county commissioners, but provided that 
 before such revocation the board shall hold a public hearing and 
 give at least ten days' notice of such hearing by publication in 
 at least one newspaper published or circulating in the county.  

    HIST: (7297-41) 1939 c 410 s 1; 1943 c 294 s 1; 1973 c 123 art 
 5 s 7 

     347.09 Licenses.  

    In every county in which sections 347.08 to 347.21 shall 
 become operative every dog more than six months of age must have 
 a license.  The owner of any dog (the word "owner," when used in 
 sections 347.08 to 347.21, in relation to property in, or 
 possession of, dogs shall include every person who owns, 
 harbors, or keeps a dog) shall, on or before February 1 each 
 year, obtain a license for the dog, and shall pay for such 
 license the fee prescribed by the county commissioners, which 
 shall not be less than 50 cents nor more than $1 for a male dog 
 and not less than $1 nor more than $2 for a female dog; such 
 payments to be made to the town, or city clerk or deputy.  The 
 application for such license shall be in such written form as 
 prescribed by the county auditor, and shall state the name, sex, 
 breed, age, color and marking of the dog for which the license 
 is sought.  

    The license year shall correspond to the calendar year.  
 The sale or transfer of any licensed dog shall carry with it and 
 transfer the license.  

    HIST: (7297-42) 1939 c 410 s 2; 1943 c 294 s 2; 1973 c 123 art 
 5 s 7; 1986 c 444 

     347.10 Owners of dogs and kennels; licenses. 

    The term "kennel" shall mean any establishment where dogs 
 are kept for the purpose of breeding, sale or sporting 
 purposes.  Any person who keeps or operates a kennel may, in 
 lieu of the license for each dog required by sections 347.08 to 
 347.21, apply to the town or city treasurer for a kennel license 
 for the keeping or operating of such kennel.  For such a kennel 
 license the person shall pay a fee of $10 for the license year.  
 With the kennel license the clerk shall issue a number of metal 
 tags equal to the number of dogs kept in the kennel.  The tags 
 shall be made in a form so that they may be readily 
 distinguishable from the individual license tags for the same 
 year.  The licensee of a kennel shall at all times keep one of 
 such tags attached to the collar of each dog over six months old 
 kept under a kennel license.  The tags may be transferred from 
 one dog to another within the kennel whenever any dog is removed 
 from the kennel.  The clerk may appoint a deputy or deputies to 
 issue such licenses.  The clerk shall receive ten cents for each 
 license issued, to be paid by the town out of the revenue fund.  

    A license shall be issued by the clerk or the clerk's 
 deputy upon application being made therefor and upon payments 
 made as herein provided.  The license shall be in the form 
 prescribed by the county auditor and shall be executed by the 
 proper town, or city clerk or deputy.  The license shall state 
 the year for which it was issued, shall bear a serial number, 
 the owner's name and address, and the name, sex, breed, and 
 color of the dog licensed.  

    HIST: (7297-43) 1939 c 410 s 3; 1973 c 123 art 5 s 7; 1986 c 
 444; 1993 c 375 art 3 s 41 

     347.11 Dog collars to be tagged.  

    Subdivision 1.    Metal tags and license blanks.  The 
 clerk or the clerk's deputy issuing a license shall at the same 
 time deliver to the licensee a metal tag, which shall bear the 
 same serial number as the license.  The tag shall also bear the 
 name of the county in which issued and the license year.  The 
 county auditor shall contract for and have prepared and 
 furnished, annually, a sufficient number of such metal tags, and 
 a sufficient supply of suitable blank licenses to be bound in 
 books of proper size and perforated so that a duplicate of each 
 license may be kept upon the stub thereof.  The cost of making, 
 printing, and furnishing the tags and blank license receipts 
 shall be paid out of the dog license fund.  

    Subd. 2.    Distribution.  The several county auditors 
 shall distribute these tags and license blanks to the several 
 town and city treasurers in proper amounts, together with blank 
 license receipts. The licensee shall securely attach the tag to 
 a collar and this collar, with the tag attached, shall at all 
 times be kept on the dog for which the license is issued.  A new 
 tag, with a new number, shall be furnished to the licensee by 
 the town or city clerk, or deputy, in place of the original tag, 
 upon presentation of the license and proof of the loss of the 
 original tag.  The town clerk or deputy shall then endorse the 
 new tag number on the license and shall enter it upon the 
 register.  The clerk shall receive for services rendered in 
 issuing the new tag the sum of ten cents, to be paid by the 
 person obtaining the new tag.  

    Subd. 3.    Duplicates to be kept; accounting.  Every 
 town or city clerk, or clerk's deputy, shall, at the time of 
 issuing a license and before delivering it, make a complete 
 duplicate thereof upon the stub portion of the license blank.  
 The clerk shall, annually, during the month of January, return 
 to the county auditor all unused tags of the preceding year, 
 together with license books therefor and all duplicate licenses 
 of the preceding year, and the county auditor shall carefully 
 check the returned tags, duplicate licenses, and license blanks 
 to ascertain whether all tags and license blanks which were 
 furnished by the county auditor have been accounted for; and to 
 enable the county auditor to do that, the county auditor shall 
 charge each town or city clerk with all tags and blank licenses 
 furnished or delivered to the clerk and credit the clerk with 
 those returned.  In case of discrepancy, the county auditor 
 shall notify the county attorney, who shall investigate and take 
 steps to enforce the law.  

    HIST: (7297-44) 1939 c 410 s 4; 1973 c 123 art 5 s 7; 1986 c 
 444 

     347.12 Fees paid to county treasurer monthly.  

    Every town, or city clerk, or clerk's deputy, shall at the 
 end of each month pay all license fees received and not before 
 paid, to the county treasurer and, at the same time, report, in 
 writing, to the county auditor the licenses issued during the 
 month and for which the license fees so deposited with the 
 county treasurer were paid.  The report shall be in the form 
 prescribed and furnished by the several county auditors.  

    HIST: (7297-45) 1939 c 410 s 5; 1973 c 123 art 5 s 7; 1986 c 
 444 

     347.13 Fees, dog license fund; disposal, accounting.  

    The license fees so paid to the county treasurer shall be 
 kept in a separate account, which shall be known as the dog 
 license fund and shall be appropriated and disbursed for the 
 purposes and in the manner herein set forth.  

    Expenses necessarily incurred by the county in purchasing 
 and providing books, forms, and other supplies required in the 
 administering of the dog license law shall be paid out of the 
 dog license fund.  The amount remaining thereafter in the fund 
 shall be available for and may be used as necessary for paying 
 claims allowed by the county to the owners of domestic animals 
 on account of damages done by dogs during the license year for 
 which the fees were paid.  Any surplus in excess of $1,000 which 
 may remain from the license fees of any license year shall, on 
 March 1 of the succeeding year, belong and be credited to and 
 paid by the county treasurer to the towns and cities of the 
 county for their use in the proportion in which the towns and 
 cities shall have contributed and paid to the fund out of which 
 the surplus arises.  It shall be used as the governing body of 
 the town or city shall determine.  When any county operating 
 under the provisions of sections 347.08 to 347.21 shall 
 discontinue its dog licenses and livestock indemnity fund, any 
 money remaining shall be distributed among the various towns in 
 proportion to license money paid in.  

    HIST: (7297-46) 1939 c 410 s 6; 1973 c 123 art 5 s 7 

     347.14 Unlicensed dogs.  

    Subdivision 1.    Seizure; impoundment; presumption.  
 Any person may seize, impound, or restrain any unlicensed dog 
 which the person may find running at large.  The fact that a dog 
 is without a license attached to a collar shall be presumptive 
 evidence that the dog is unlicensed.  The sheriff and sheriff's 
 deputies, any marshal or constable or other police officer shall 
 seize, impound or restrain any dog for which no license has been 
 issued and for which one is required.  Any officer who shall 
 seize, restrain, impound, or kill any dog found in any place 
 without a license, as required under sections 347.09 to 347.20, 
 upon delivery of such dog or carcass and the proper disposal of 
 the carcass and after making a report to the town or city 
 treasurer of the town or city in which the dog was seized or 
 killed, showing that the dog did not have a license, shall 
 receive therefor a payment of $2, the same to be made from any 
 funds in the town or city treasury not otherwise appropriated.  

    The county auditor shall reimburse the town for any expense 
 incurred under section 347.10 and shall charge such expense to 
 the dog license fund.  

    Subd. 2.    Prohibitions; limitations; regulations.  It 
 shall be unlawful for any person to harbor or permit to remain 
 about the person's premises any dog for which no license exists 
 and for which one is required.  Any person who shall have seized 
 or impounded a dog with or without license under this section 
 shall deliver such dog to the humane officer of the town or 
 city, if such officer exists; or, if there be no such officer, 
 to the constable, statutory city marshal, or the town or city 
 police officer.  The officer to whom the dog is delivered shall, 
 without delay, notify the owner, personally or through the 
 United States mail, if such owner be known to the officer or can 
 be ascertained with reasonable effort, but if the owner be 
 unknown or cannot be ascertained, then the officer shall post 
 written notice in three public places in the officer's town, 
 giving a description of the dog, stating where it is impounded 
 and the conditions for its release.  If, after five days, the 
 owner does not claim the dog the officer shall dispose of the 
 dog in a proper and humane manner.  

    Subd. 3.    Penalties.  Any person who shall violate 
 any of the provisions of sections 347.08 to 347.21 shall be 
 liable to a penalty of not less than $5 nor more than $50 for 
 such violation.  

    HIST: (7297-47) 1939 c 410 s 7; 1943 c 294 s 3; 1973 c 123 art 
 5 s 7; 1986 c 444 

     347.15 Persons damaged, claims filed.  

    Subdivision 1.    Presentation and investigation.  The 
 owner of any domestic animals, including poultry and game birds, 
 attacked, chased, worried, injured, or killed by a dog or dogs 
 may, within ten days after the owner shall have knowledge or 
 notice thereof, file a written claim for damages with the clerk 
 of the town or city in which the damage occurred.  The form of 
 such claim may be prescribed by the county auditor.  Upon 
 presentation of such claim the supervisors of the town, the 
 board of trustees of the statutory city, or the council of the 
 city, or a committee appointed for that purpose by the 
 supervisors, the board of trustees or the council, shall 
 promptly investigate the claim and may subpoena witnesses, 
 administer oaths, and take testimony relative thereto and shall, 
 within 30 days after the filing of the claim, make, certify, and 
 return to the county auditor the claim, a report of the 
 investigation, the testimony taken, and the amount of damages, 
 if any, suffered by the owner of the animals.  

    Subd. 2.    Form; proof; allowances; appeal.  The form 
 of the report and certification shall be prescribed by the 
 county auditor and shall be subscribed by the supervisors, 
 board, or committee making the same.  The county auditor shall 
 lay before the county board, at its first meeting following the 
 receipt of the claim, all claims so filed and reported and the 
 same shall be acted upon and determined by the county board as 
 other claims are determined and acted upon, and the county board 
 shall equalize the values and claims between and within the 
 various towns of the county.  The amount of damages filed and 
 reported to the county auditor shall be prima facie proof of the 
 actual damages sustained, but evidence may be taken before the 
 county board relative to the claims as in other cases, and 
 appeals from the action of the county board shall lie as in 
 other cases.  On appeal from the action of the county board, the 
 trial shall be by the court without a jury.  

    Subd. 3.    Payment.  Such claims shall be solely 
 against the dog license fund and shall create no other liability 
 on the part of the county.  

    Subd. 4.    Limitation of amount.  The amount allowed 
 by the county board upon any such claim shall in no case exceed 
 $100 for each horse, mule, or bovine; $15 for each sheep or 
 goat; $30 for each swine; or $3 for each fowl.  When the 
 claimant shall furnish conclusive evidence as to the ownership 
 of the dog or dogs doing the damage the claimant shall be paid 
 the full amount of the claim submitted.  

    Subd. 5.    Distribution.  Distribution of the dog 
 license fund among claimants for loss of animals by dogs within 
 the license year shall be made at the close of the license year. 

    HIST: (7297-48) 1939 c 410 s 8; 1973 c 123 art 5 s 7 

     347.16 Claims, hearings, notice.  

    No claim shall be allowed by the county board at less than 
 the amount so certified and reported, unless the claimant shall 
 first be notified that such action is contemplated and shall 
 have been given a reasonable opportunity to be heard and to 
 offer further evidence in support of the claim.  

    HIST: (7297-50) 1939 c 410 s 10; 1986 c 444 

     347.17 Any person may kill dogs in certain cases.  

    Any person may kill any dog that the person knows is 
 affected with the disease known as hydrophobia, or that may 
 suddenly attack while the person is peacefully walking or riding 
 and while being out of the enclosure of its owner or keeper, and 
 may kill any dog found killing, wounding, or worrying any 
 horses, cattle, sheep, lambs, or other domestic animals.  

    HIST: (7297-49) 1939 c 410 s 9; 1986 c 444 

     347.18 Tags; restrictions, prohibitions.  

    No person, except the owner or the owner's authorized 
 agent, shall remove any license tag from a dog collar or remove 
 any collar with a license attached thereto from any dog.  No 
 person shall keep or harbor a dog wearing a fictitious, altered, 
 or invalid license tag, or a license tag not issued in 
 connection with the licensing or keeping of the dog wearing the 
 same.  No license or license tag issued for one dog shall be 
 transferable to another dog.  

    HIST: (7297-51) 1939 c 410 s 11; 1986 c 444 

     347.19 Failure to obtain license.  

    Every town or city clerk shall notify the county attorney 
 of the clerk's county of every refusal or failure of an owner to 
 obtain a license for keeping a dog, and it shall be the duty of 
 the county attorney to institute proceedings against such owner 
 and against every owner within the county who has violated any 
 of the provisions of sections 347.08 to 347.21.  

    HIST: (7297-51) 1939 c 410 s 11; 1973 c 123 art 5 s 7; 1986 c 
 444 

     347.20 Exemptions.  

    Dogs brought into this state temporarily for a period not 
 to exceed 30 days shall be exempt from the provisions of 
 sections 347.08 to 347.21.  

    HIST: (7297-52) 1939 c 410 s 12 

     347.21 Interpretation.  

    Sections 347.08 to 347.21 are supplemental to all other 
 laws relating to dogs not expressly referred to therein, and to 
 all laws relating to taxation of dogs as personal property, and 
 shall not be construed as to modify, repeal, or in anywise 
 affect any part or provision of any such laws not expressly 
 repealed therein or to prevent municipalities from prohibiting, 
 licensing, or regulating the running at large of dogs within 
 their respective limits by law or ordinance now or hereafter 
 provided.  

    HIST: (7297-56) 1939 c 410 s 16 

     347.22 Damages, owner liable. 

    If a dog, without provocation, attacks or injures any 
 person who is acting peaceably in any place where the person may 
 lawfully be, the owner of the dog is liable in damages to the 
 person so attacked or injured to the full amount of the injury 
 sustained.  The term "owner" includes any person harboring or 
 keeping a dog but the owner shall be primarily liable.  The term 
 "dog" includes both male and female of the canine species. 

    HIST: 1951 c 315 s 1; 1980 c 347 s 1; 1986 c 444 

  347.23 Renumbered 343.40 

KENNELS AND DEALERS

     347.31 Definitions. 

    Subdivision 1.    Terms.  For the purpose of sections 
 347.31 to 347.40 the terms defined in this section have the 
 meanings given to them.  

    Subd. 2.    Kennel.  "Kennel" means any place, building, 
 tract of land, abode, or vehicle wherein or whereupon dogs or 
 cats are kept, congregated, or confined, if the dogs or cats 
 were obtained from municipalities, pounds, auctions, or by 
 advertising for unwanted dogs or cats, or dogs or cats strayed, 
 abandoned, or stolen.  "Kennel" does not include a pound owned 
 and operated by any political subdivision of the state or a 
 person's home where dogs or cats are kept as pets.  

    Subd. 3.    Premises.  "Premises" means any building, 
 structure, shelter, or land wherein or whereon dogs or cats are 
 kept or confined.  

    Subd. 4.    Dealer.  "Dealer" means a public or private 
 agency, person, society, or corporation that is licensed or is 
 required to be licensed as a "Class B dealer" under United 
 States Code, title 7, sections 2131 to 2155, as amended through 
 December 31, 1986, who sells or transfers dogs or cats to 
 institutions or to other dealers who sell or transfer to 
 institutions. 

    Subd. 5.    Institution.  "Institution" means a school 
 or college of agriculture, veterinary medicine, medicine, 
 pharmacy, dentistry, or other educational or scientific 
 organization properly concerned with the investigation of living 
 organisms, instruction concerning the structure or functions of 
 living organisms, or the cause, prevention, control, or cure of 
 diseases or abnormal conditions of human beings or animals. 

    HIST: 1967 c 695 s 1; 1969 c 363 s 1; 1987 c 380 art 3 s 2; 
 1988 c 537 s 1 

     347.32 License for kennel or dealer. 

    No person, firm, or corporation shall establish, maintain, 
 conduct, or operate a kennel or operate as a dealer within this 
 state without first obtaining a license therefor from the board 
 of animal health.  The license shall be issued for a term of one 
 year. 

    HIST: 1967 c 695 s 2; 1980 c 467 s 37; 1987 c 380 art 3 s 3 

     347.33 Licensing procedures; inspections; administration.

    Subdivision 1.    Application.  The application for a 
 license to operate and maintain a kennel or operate as a dealer 
 shall be made to the Board of Animal Health, in the manner 
 prescribed by rules of the board. 

    Subd. 2.    Contents.  The application for a license 
 shall be in writing and on a form as the board may by rule 
 provide, and shall set forth: 

    (1) The full name and address of the applicant or 
 applicants, or names and addresses of the partners if the 
 applicant is a partnership, or the names and addresses of the 
 officers if the applicant is a corporation, and the address of 
 the corporation. 

    (2) The legal description or, in its place, the address and 
 specific location of the site, lot, field, or tract of land upon 
 which it is proposed to operate and maintain a kennel. 

    Subd. 3.    Fees; issuance of license.  The annual 
 license fee is $15 for each kennel and $100 for each dealer 
 licensed. All license fees collected by the board shall be 
 deposited in the state treasury and credited to the general fund.

    When application is made to the board, complete in the 
 manner set forth by rule to be issued by the board, and upon 
 payment of the license fee, the license shall be issued by the 
 board if, after inspection of the premises, the board determines 
 that the kennel or dealer complies with sections 347.31 to 
 347.40 and the rules promulgated pursuant to those sections. 

    HIST: 1967 c 695 s 3; 1975 c 204 s 84; 1980 c 467 s 38; 1987 c 
 380 art 3 s 4 

     347.34 Licenses required. 

    It shall be unlawful for any person, firm, or corporation 
 to establish, maintain, conduct, carry on, or operate a kennel 
 or operate as a dealer without first having received a license 
 to maintain, conduct, carry on, and operate a kennel, or operate 
 as a dealer, duly signed and executed in the name of the state 
 of Minnesota and signed by the Board of Animal Health.  The 
 license shall be conspicuously displayed upon the licensed 
 premises. 

    All licenses issued under sections 347.31 to 347.40 shall 
 be personal to the licensee and be nontransferable. 

    HIST: 1967 c 695 s 4; 1980 c 467 s 39; 1987 c 380 art 3 s 5 

     347.35 Board of Animal Health authorized to promulgate 
  rules. 

    The Board of Animal Health shall promulgate rules as it 
 deems necessary for the operation of kennels and dealers and the 
 enforcement of sections 347.31 to 347.40 which shall be in 
 addition to rules established herein.  The rules adopted by the 
 board must provide for the cost recovery for the activities of 
 the board with respect to licensing, inspection, and enforcement 
 of civil penalties and must provide for cooperation with the 
 United States Department of Agriculture Animal Plant Health 
 Inspection Service program and for reference of complaints to 
 local enforcement authorities.  Rules must include, but are not 
 limited to, requirements governing the care of dogs and cats, 
 minimum conditions, and maintenance of quarters and kennels, the 
 humane treatment of dogs and cats while in the kennels, 
 maintenance of detailed records showing the person from whom any 
 dog or cat aged over three months has been received, and in the 
 case of a dealer, including address, driver's license number or 
 Social Security number, and to whom it has been transferred, and 
 preservation of the records for a minimum period of two years.  
 The dealer is responsible for making a reasonable attempt to 
 ensure the accuracy of the data collected. 

    A payment from a dealer to a person from whom the dealer 
 buys dogs or cats must be by check, payable only to that 
 person.  The check must contain the dealer's name and address. 

    HIST: 1967 c 695 s 5; 1980 c 467 s 40; 1987 c 380 art 3 s 6 

     347.36 Advertising.  

    All advertising by any person, firm, or corporation 
 licensed hereunder shall include the number of the current 
 license issued to such licensee.  

    HIST: 1967 c 695 s 6 

     347.37 Public access; notice; inspection; enforcement. 

    The Board of Animal Health shall cause to be inspected from 
 time to time all kennels and dealers licensed hereunder and all 
 records required by sections 347.31 to 347.40 to be kept by the 
 licensees. 

    Any duly authorized agent of the board, any sheriff, or 
 sheriff's deputy, or police officer, or humane agent appointed 
 pursuant to section 343.01 is granted the power and the 
 authority to enter upon the premises of any kennel or dealer at 
 any time during the daylight hours for the purposes herein set 
 forth, and for the purposes of inspecting the compliance with 
 the provisions of sections 346.55, 347.31 to 347.40 and the 
 rules issued pursuant thereto, and for the purposes of enforcing 
 sections 346.55, or 347.31 to 347.40; except that humane agents 
 shall not enter upon the premises of a licensed veterinarian 
 acting as a kennel. 

    Each dealer shall post a conspicuous notice in a format no 
 less than 24 by 36 inches and easily readable by the general 
 public, that states: (1) that the person is a licensed dealer in 
 dogs and cats; (2) that dogs and cats left with the dealer may 
 be used for research purposes; and (3) the hours the dealer is 
 open to the public.  The notice must be placed in at least two 
 locations on the premises, one of which must be on or near the 
 exterior mail delivery point and one of which must be at the 
 regularly used point of exchange of dogs and cats.  A person may 
 view dogs and cats in the custody of a dealer during the time 
 the premises is open to the public.  Dealers are required to be 
 open to the public on a regular basis at least four hours 
 between 7:00 a.m. and 10:00 p.m. on at least four of the seven 
 days of each week including at least one Saturday or Sunday.  
 Any advertisement placed by a dealer seeking dogs or cats must 
 inform the public that dogs and cats brought to the dealer may 
 be used for research purposes. 

    HIST: 1967 c 695 s 7; 1980 c 467 s 41; 1986 c 444; 1987 c 380 
 art 3 s 7; 1987 c 394 s 11; 1988 c 537 s 2 

     347.38 Revocation of license. 

    The Board of Animal Health may as hereinafter set forth 
 revoke or suspend the license of any person, firm, or 
 corporation, for violation of sections 346.55 and 347.31 to 
 347.40 or the rules issued pursuant to sections 347.31 to 347.40.

    Upon written complaint made to the board by any person, 
 firm, or corporation alleging any violation of sections 347.31 
 to 347.40 or any rules pursuant thereto by any licensee, the 
 board may cause an investigation to be made upon matters related 
 in said complaint. 

    Thereupon the board shall in its discretion either dismiss 
 the complaint or require the kennel or dealer against whom the 
 complaint is made to correct the conditions or violations 
 complained of within ten days after receipt of written notice of 
 the same.  If upon termination of the ten day period the 
 licensee has failed to correct or to remedy the violation or 
 violations of sections 346.55 or 347.31 to 347.40 or any rules 
 pursuant thereto, or if the board considers it appropriate under 
 the circumstances the board shall, upon a minimum of 30 days' 
 notice to the licensee, conduct a hearing for the purpose of 
 determining whether the license to operate a kennel or as a 
 dealer should be revoked or temporarily suspended.  If after 
 notice and hearing the board finds that any provision of 
 sections 346.55 or 347.31 to 347.40 has been violated by the 
 licensee or any rule issued by the board has been violated by 
 the licensee, the board may revoke and suspend the license.  The 
 possession or transfer of a dog or cat by a dealer to an 
 institution, without the permission of the owner, failure of a 
 dealer or kennel to keep accurate data as required in section 
 347.35, or failure of a dealer or kennel to permit access to its 
 premises as required in section 347.37, is grounds for license 
 revocation.  The licensee whose license is revoked or suspended 
 may within 20 days after the board's decision appeal to the 
 district court.  The district court shall upon 20 days' notice 
 to the board hear the appeal within 45 days after the filing of 
 the appeal.  On the hearing of the appeal the court shall review 
 the decision of the board in a manner as though reviewed by 
 certiorari, except that new or additional evidence may be taken, 
 if in the opinion of the court additional evidence is necessary 
 or proper to the disposition of the case. 

    HIST: 1967 c 695 s 8; 1980 c 467 s 42; 1987 c 380 art 3 s 8 

     347.39 Penalties. 

    Violation of any provision of sections 347.31 to 347.40 or 
 of any rule of the Board of Animal Health issued pursuant to 
 sections 347.31 to 347.40, or operation of a kennel or as a 
 dealer without a license, or operation of a kennel or as a 
 dealer after revocation of a license or during a period of 
 suspension, shall constitute a misdemeanor. 

    HIST: 1967 c 695 s 9; 1980 c 467 s 43; 1987 c 380 art 3 s 9 

     347.40 Exceptions. 

    Sections 347.31 to 347.40 shall in no way apply to any 
 veterinarian licensed to practice in the state of Minnesota who 
 keeps, congregates, or confines dogs or cats in the normal 
 pursuit of the practice of veterinary medicine.  

    HIST: 1967 c 695 s 11; 1969 c 363 s 2; 1987 c 380 art 3 s 10 

REGULATION OF DANGEROUS DOGS

     347.50 Definitions. 

    Subdivision 1.    Terms.  For the purpose of sections 
 347.50 to 347.56, the terms defined in this section have the 
 meanings given them.  

    Subd. 2.    Dangerous dog.  "Dangerous dog" means any 
 dog that has:  

    (1) without provocation, inflicted substantial bodily harm 
 on a human being on public or private property; 

    (2) killed a domestic animal without provocation while off 
 the owner's property; or 

    (3) been found to be potentially dangerous, and after the 
 owner has notice that the dog is potentially dangerous, the dog 
 aggressively bites, attacks, or endangers the safety of humans 
 or domestic animals.  

    Subd. 3.    Potentially dangerous dog.  "Potentially 
 dangerous dog" means any dog that: 

    (1) when unprovoked, inflicts bites on a human or domestic 
 animal on public or private property; 

    (2) when unprovoked, chases or approaches a person, 
 including a person on a bicycle, upon the streets, sidewalks, or 
 any public or private property, other than the dog owner's 
 property, in an apparent attitude of attack; or 

    (3) has a known propensity, tendency, or disposition to 
 attack unprovoked, causing injury or otherwise threatening the 
 safety of humans or domestic animals. 

    Subd. 4.    Proper enclosure.  "Proper enclosure" means 
 securely confined indoors or in a securely enclosed and locked 
 pen or structure suitable to prevent the animal from escaping 
 and providing protection from the elements for the dog.  A 
 proper enclosure does not include a porch, patio, or any part of 
 a house, garage, or other structure that would allow the dog to 
 exit of its own volition, or any house or structure in which 
 windows are open or in which door or window screens are the only 
 obstacles that prevent the dog from exiting.  

    Subd. 5.    Owner.  "Owner" means any person, firm, 
 corporation, organization, or department possessing, harboring, 
 keeping, having an interest in, or having care, custody, or 
 control of a dog.  

    Subd. 6.    Substantial bodily harm.  "Substantial 
 bodily harm" has the meaning given it under section 609.02, 
 subdivision 7a.  

    Subd. 6a.    Great bodily harm.  "Great bodily harm" has 
 the meaning given it under section 609.02, subdivision 8. 

    Subd. 7.    Animal control authority.  "Animal control 
 authority" means an agency of the state, county, municipality, 
 or other governmental subdivision of the state which is 
 responsible for animal control operations in its jurisdiction. 

    HIST: 1988 c 711 s 1; 1989 c 37 s 3-5; 1994 c 550 s 1; 1Sp2001 
 c 8 art 8 s 14,15 

     347.51 Dangerous dogs; registration. 

    Subdivision 1.    Requirement.  No person may own a 
 dangerous dog in this state unless the dog is registered as 
 provided in this section.  

    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, 
 including a warning symbol to inform children, that there is a 
 dangerous dog on the property; 

    (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 $50,000, 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 
 $50,000, 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. 

    Subd. 2a.    Warning symbol.  If a county issues a 
 certificate of registration to the owner of a dangerous dog 
 pursuant to subdivision 2, the county 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 
 design of the warning symbol must be uniform and specified by 
 the commissioner of public safety, after consultation with 
 animal control professionals.  The commissioner shall provide 
 the number of copies of the warning symbol requested by each 
 county and shall charge the county the actual cost of the 
 warning symbols received.  The county may charge the registrant 
 a reasonable fee to cover its administrative costs and the cost 
 of the warning symbol.  

    Subd. 3.    Fee.  The county 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.  

    Subd. 3a.    Dangerous dog designation review.  
 Beginning six months after a dog is declared a dangerous dog, an 
 owner may request annually that the animal control authority 
 review the designation.  The owner must provide evidence that 
 the dog's behavior has changed due to the dog's age, neutering, 
 environment, completion of obedience training that includes 
 modification of aggressive behavior, or other factors.  If the 
 animal control authority finds sufficient evidence that the 
 dog's behavior has changed, the authority may rescind the 
 dangerous dog designation. 

    Subd. 4.    Law enforcement; exemption.  The provisions 
 of this section do not apply to dangerous dogs used by law 
 enforcement officials for police work. 

    Subd. 5.    Exemption.  Dogs may not be declared 
 dangerous if the threat, injury, or damage was sustained by a 
 person: 

    (1) who was committing, at the time, a willful trespass or 
 other tort upon the premises occupied by the owner of the dog; 

    (2) who was provoking, tormenting, abusing, or assaulting 
 the dog or who can be shown to have repeatedly, in the past, 
 provoked, tormented, abused, or assaulted the dog; or 

    (3) who was committing or attempting to commit a crime. 

    Subd. 6. Repealed, 1Sp2001 c 8 art 8 s 30 

    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.  
 The commissioner of public safety, after consultation with 
 animal control professionals, shall provide by rule for the 
 design of the tag. 

    Subd. 8.    Local ordinances.  A statutory or home rule 
 charter city, or a county, may not adopt an ordinance regulating 
 dangerous or potentially dangerous dogs based solely on the 
 specific breed of the dog.  Ordinances inconsistent with this 
 subdivision are void.  

    Subd. 9.    Contracted services.  A county may contract 
 with another political subdivision or other person to provide 
 the services required under sections 347.50 to 347.54.  
 Notwithstanding any contract entered into under this 
 subdivision, all fees collected under sections 347.50 to 347.54 
 shall be paid to the county and all certificates of registration 
 must be issued in the name of the county. 

    HIST: 1988 c 711 s 2; 1989 c 37 s 6-10; 1991 c 195 s 1; 1994 c 
 550 s 2; 1997 c 187 art 3 s 32; 1Sp2001 c 8 art 8 s 16-18 

     347.515 Microchip identification. 

    The owner of a dangerous or potentially dangerous dog must 
 have a microchip implanted in the dog for identification, and 
 the name of the microchip manufacturer and identification number 
 of the microchip must be provided to the animal control 
 authority.  If the microchip is not implanted by the owner, it 
 may be implanted by the animal control authority.  In either 
 case, all costs related to purchase and implantation of the 
 microchip must be borne by the dog's owner. 

    HIST: 1Sp2001 c 8 art 8 s 19 

     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 jurisdiction 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 transferred. 

    (d) An animal control authority may require a dangerous dog 
 to be sterilized at the owner's expense.  If the owner does not 
 have the animal sterilized, the animal control authority may 
 have the animal 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 sells a dangerous dog must notify the 
 purchaser that the animal control authority has identified the 
 dog as dangerous.  The seller must also notify the animal 
 control authority in writing of the sale and provide the animal 
 control authority with the new owner's name, address, and 
 telephone number. 

    HIST: 1988 c 711 s 3; 1Sp2001 c 8 art 8 s 20 

     347.53 Potentially dangerous dogs. 

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

    HIST: 1988 c 711 s 4; 1989 c 37 s 11 

     347.54 Confiscation. 

    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; or 

    (4) the dog is outside the proper enclosure and not under 
 physical restraint of a responsible person as required under 
 section 347.52. 

    (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. 

    Subd. 2.    Reclaimed.  A dangerous dog seized under 
 subdivision 1 may be reclaimed by the owner of the dog upon 
 payment of impounding and boarding fees, and presenting proof to 
 the appropriate animal control authority that the requirements 
 of sections 347.51 and 347.52 will be met.  A dog not reclaimed 
 under this subdivision within seven days may be disposed of as 
 provided under section 35.71, subdivision 3, and the owner is 
 liable to the animal control authority for costs incurred in 
 confining and disposing of the dog. 

    Subd. 3.    Subsequent offenses; seizure.  If a person 
 has been convicted of a misdemeanor for violating a provision of 
 section 347.51 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.  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.  If the 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 3, and 
 the owner is liable to the animal control authority for the 
 costs incurred in confining, impounding, and disposing of the 
 dog. 

    HIST: 1988 c 711 s 5; 1989 c 37 s 12 

     347.55 Penalty. 

    (a) Any person who violates any provision of section 347.51 
 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 removal from the jurisdiction, to sign 
 a false affidavit with respect to a dangerous dog's death or 
 removal from the jurisdiction, or to fail to disclose ownership 
 of a dangerous dog to a property owner from whom the person 
 rents property. 

    HIST: 1988 c 711 s 7; 1Sp2001 c 8 art 8 s 21 

     347.56 Destruction of dog in certain circumstances. 

    Notwithstanding sections 347.51 to 347.55, a dog 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. 

    The definitions in section 347.50 and the exemptions under 
 section 347.51, subdivision 5, apply to this section. 

    HIST: 1Sp2001 c 8 art 8 s 22