2005 Minnesota Statutes

     343.235 Disposition of seized animals. 

    Subdivision 1.    General rule.  An animal taken into 
 custody under section 343.12, 343.22, 343.29, or 343.31 may be 
 humanely disposed of at the discretion of the jurisdiction 
 having custody of the animal ten days after the animal is taken 
 into custody, provided that the procedures in subdivision 3 are 
 followed.  An animal raised for food or fiber products may not 
 be seized or disposed of without prior examination by a licensed 
 veterinarian pursuant to a warrant issued by a judge.  

    Subd. 2.    Security.  A person claiming an interest in 
 an animal in custody under subdivision 1 may prevent disposition 
 of the animal by posting security in an amount sufficient to 
 provide for the animal's actual costs of care and keeping.  The 
 security must be posted within ten days of the seizure inclusive 
 of the date of the seizure. 

    Subd. 3.    Notice; right to hearing.  (a) The authority 
 taking custody of an animal under section 343.12, 343.22, 
 343.29, or 343.31 shall give notice of this section by 
 delivering or mailing it to a person claiming an interest in the 
 animal or by posting a copy of it at the place where the animal 
 is taken into custody or by delivering it to a person residing 
 on the property, and telephoning, if possible.  The notice must 
 include: 

    (1) a description of the animal seized; the authority and 
 purpose for the seizure; the time, place, and circumstances 
 under which the animal was seized; and the location, address, 
 telephone number, and contact person where the animal is kept; 

    (2) a statement that a person claiming an interest in the 
 animal may post security to prevent disposition of the animal 
 and may request a hearing concerning the seizure or impoundment 
 and that failure to do so within ten days of the date of the 
 notice will result in disposition of the animal; and 

    (3) a statement that all actual costs of the care, keeping, 
 and disposal of the animal are the responsibility of the person 
 claiming an interest in the animal, except to the extent that a 
 court or hearing officer finds that the seizure or impoundment 
 was not substantially justified by law. 

    The notice must also include a form that can be used by a 
 person claiming an interest in the animal for requesting a 
 hearing under this subdivision. 

    (b) Upon request of a person claiming an interest in the 
 animal, which request must be made within ten days of the date 
 of seizure, a hearing must be held within five business days of 
 the request, to determine the validity of the seizure and 
 impoundment.  If the seizure was done pursuant to a warrant 
 under section 343.22, the hearing must be conducted by the judge 
 who issued the warrant.  If the seizure was done under section 
 343.12, 343.29, or 343.31, the municipality taking custody of 
 the animal or, in the case of a humane society, the municipality 
 from which the animal was seized, may either (1) authorize a 
 licensed veterinarian with no financial interest in the matter 
 or professional association with either party or (2) use the 
 services of a hearing officer to conduct the hearing.  A person 
 claiming an interest in the animal who is aggrieved by a 
 decision of a hearing officer under this subdivision may seek a 
 court order governing the seizure or impoundment within five 
 days of notice of the order. 

    (c) The judge or hearing officer may authorize the return 
 of the animal, if the judge or hearing officer finds that: 

    (1) the animal is physically fit; and 

    (2) the person claiming an interest in the animal can and 
 will provide the care required by law for the animal. 

    (d) The person claiming an interest in the animal is liable 
 for all actual costs of care, keeping, and disposal of the 
 animal, except to the extent that a court or hearing officer 
 finds that the seizure or impoundment was not substantially 
 justified by law.  The costs must be paid in full or a mutually 
 satisfactory arrangement for payment must be made between the 
 municipality and the person claiming an interest in the animal 
 before return of the animal to the person. 

    HIST: 1991 c 122 s 4; 1995 c 244 s 7; 1Sp2001 c 8 art 8 s 
 12,13