Amendments to Minnesota's Dangerous Dog Laws
H.F. No. 2906, 3rd Engrossment - 85th Legislative Session (2007-2008) Posted on Mar 19, 2008
1.1A bill for an act
1.2relating to animals; changing provisions regulating dangerous dogs; imposing
1.3penalties;amending Minnesota Statutes 2006, sections 347.50, by adding
1.4a subdivision; 347.51, subdivisions 2, 2a, 3, 7, 9; 347.52; 347.53; 347.54,
1.5subdivisions 1, 3; 347.55; 347.56; proposing coding for new law in Minnesota
1.6Statutes, chapter 347.
1.7BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.8 Section 1. Minnesota Statutes 2006, section 347.50, is amended by adding a
1.9subdivision to read:
1.10 Subd. 8. Provocation. "Provocation" means an act that an adult could reasonably
1.11expect may cause a dog to attack or bite.
1.12 Sec. 2. Minnesota Statutes 2006, section 347.51, subdivision 2, is amended to read:
1.13 Subd. 2. Registration. An animal control authority shall issue a certificate of
1.14registration to the owner of a dangerous dog if the owner presents sufficient evidence that:
1.15 (1) a proper enclosure exists for the dangerous dog and a posting on the premises
1.16with a clearly visible warning sign, including a warning symbol to inform children, that
1.17there is a dangerous dog on the property;
1.18 (2) a surety bond issued by a surety company authorized to conduct business in this
1.19state in a form acceptable to the animal control authority in the sum of at least $50,000
1.20$300,000, payable to any person injured by the dangerous dog, or a policy of liability
1.21insurance issued by an insurance company authorized to conduct business in this state
1.22in the amount of at least $50,000 $300,000, insuring the owner for any personal injuries
1.23inflicted by the dangerous dog;
2.1 (3) the owner has paid an annual fee of not more than $500, in addition to any
2.2regular dog licensing fees, to obtain a certificate of registration for a dangerous dog under
2.3this section; and
2.4 (4) the owner has had microchip identification implanted in the dangerous dog as
2.5required under section
2.6 Sec. 3. Minnesota Statutes 2006, section 347.51, subdivision 2a, is amended to read:
2.7 Subd. 2a. Warning symbol. If a county an animal control authority issues a
2.8certificate of registration to the owner of a dangerous dog pursuant to subdivision 2, the
2.9county animal control authority must provide, for posting on the owner's property, a copy
2.10of a warning symbol to inform children that there is a dangerous dog on the property. The
2.11design of the warning symbol must be the uniform and specified symbol provided by
2.12the commissioner of public safety, after consultation with animal control professionals.
2.13The commissioner shall provide the number of copies of the warning symbol requested
2.14by each county the animal control authority and shall charge the county animal control
2.15authority the actual cost of the warning symbols received. The county animal control
2.16authority may charge the registrant a reasonable fee to cover its administrative costs and
2.17the cost of the warning symbol.
2.18 Sec. 4. Minnesota Statutes 2006, section 347.51, subdivision 3, is amended to read:
2.19 Subd. 3. Fee. The county animal control authority may charge the owner an annual
2.20fee, in addition to any regular dog licensing fees, to obtain a certificate of registration for a
2.21dangerous dog under this section.
2.22 Sec. 5. Minnesota Statutes 2006, section 347.51, subdivision 7, is amended to read:
2.23 Subd. 7. Tag. A dangerous dog registered under this section must have a
2.24standardized, easily identifiable tag identifying the dog as dangerous and containing the
2.25uniform dangerous dog symbol, affixed to the dog's collar at all times. The commissioner
2.26of public safety, after consultation with animal control professionals, shall provide by rule
2.27for the design of the tag.
2.28 Sec. 6. Minnesota Statutes 2006, section 347.51, subdivision 9, is amended to read:
2.29 Subd. 9. Contracted services. A county An animal control authority may contract
2.30with another political subdivision or other person to provide the services required under
2.31sections 347.54 347.565. Notwithstanding any contract entered into under
2.32this subdivision, all fees collected under sections
3.1county animal control authority and all certificates of registration must be issued in the
3.2name of the county animal control authority.
3.3 Sec. 7. Minnesota Statutes 2006, section 347.52, is amended to read:
3.4347.52 DANGEROUS DOGS; REQUIREMENTS.
3.5 (a) An owner of a dangerous dog shall keep the dog, while on the owner's property,
3.6in a proper enclosure. If the dog is outside the proper enclosure, the dog must be
3.7muzzled and restrained by a substantial chain or leash and under the physical restraint of
3.8a responsible person. The muzzle must be made in a manner that will prevent the dog
3.9from biting any person or animal but that will not cause injury to the dog or interfere with
3.10its vision or respiration.
3.11 (b) An owner of a dangerous dog must renew the registration of the dog annually
3.12until the dog is deceased. If the dog is removed from the jurisdiction, it must be registered
3.13as a dangerous dog in its new jurisdiction.
3.14 (c) An owner of a dangerous dog must notify the animal control authority in writing
3.15of the death of the dog or its transfer to a new jurisdiction location where the dog will
3.16reside within 30 days of the death or transfer, and must, if requested by the animal control
3.17authority, execute an affidavit under oath setting forth either the circumstances of the dog's
3.18death and disposition or the complete name, address, and telephone number of the person
3.19to whom the dog has been transferred or the address where the dog has been relocated.
3.20 (d) An animal control authority may shall require a dangerous dog to be sterilized
3.21at the owner's expense. If the owner does not have the animal sterilized within 30 days,
3.22the animal control authority may shall seize the dog and have the animal it sterilized
3.23at the owner's expense.
3.24 (e) A person who owns a dangerous dog and who rents property from another
3.25where the dog will reside must disclose to the property owner prior to entering the lease
3.26agreement and at the time of any lease renewal that the person owns a dangerous dog
3.27that will reside at the property.
3.28 (f) A person who sells transfers ownership of a dangerous dog must notify the
3.29purchaser new owner that the animal control authority has identified the dog as dangerous.
3.30The seller current owner must also notify the animal control authority in writing of the
3.31sale transfer of ownership and provide the animal control authority with the new owner's
3.32name, address, and telephone number.
3.33 Sec. 8. Minnesota Statutes 2006, section 347.53, is amended to read:
3.34347.53 POTENTIALLY DANGEROUS AND DANGEROUS DOGS.
4.1 Any statutory or home rule charter city, or any county, may regulate potentially
4.2dangerous and dangerous dogs. Except as provided in section
4.38 , nothing in sections 347.54 347.565 limits any restrictions that the local
4.4jurisdictions may place on owners of potentially dangerous or dangerous dogs.
4.5 Sec. 9. Minnesota Statutes 2006, section 347.54, subdivision 1, is amended to read:
4.6 Subdivision 1. Seizure. (a) The animal control authority having jurisdiction shall
4.7immediately seize any dangerous dog if:
4.8 (1) after 14 days after the owner has notice that the dog is dangerous, the dog is not
4.9validly registered under section
4.10 (2) after 14 days after the owner has notice that the dog is dangerous, the owner does
4.11not secure the proper liability insurance or surety coverage as required under section
4.13 (3) the dog is not maintained in the proper enclosure; or
4.14 (4) the dog is outside the proper enclosure and not under physical restraint of a
4.15responsible person as required under section
4.16 (5) the dog is not sterilized within 30 days, pursuant to section 347.52, paragraph (d).
4.17 (b) If an owner of a dog is convicted of a crime for which the dog was originally
4.18seized, the court may order that the dog be confiscated and destroyed in a proper and
4.19humane manner, and that the owner pay the costs incurred in confiscating, confining,
4.20and destroying the dog.
4.21 Sec. 10. Minnesota Statutes 2006, section 347.54, subdivision 3, is amended to read:
4.22 Subd. 3. Subsequent offenses; seizure. If a person has been convicted of a
4.23misdemeanor for violating a provision of section
4.24person is charged with a subsequent violation relating to the same dog, the dog must be
4.25seized by the animal control authority having jurisdiction. If the owner is convicted of
4.26the crime for which the dog was seized, the court shall order that the dog be destroyed
4.27in a proper and humane manner and the owner pay the cost of confining and destroying
4.28the animal. If the person is not convicted of the crime for which the dog was seized, the
4.29owner may reclaim the dog upon payment to the animal control authority of a fee for the
4.30care and boarding of the dog. If the owner is found not guilty and the dog is not reclaimed
4.31by the owner within seven days after the owner has been notified that the dog may be
4.32reclaimed, the dog may be disposed of as provided under section ,
4.33and the owner is liable to the animal control authority for the costs incurred in confining,
4.34impounding, and disposing of the dog.
5.1 Sec. 11. [347.541] DISPOSITION OF SEIZED ANIMALS.
5.2 Subdivision 1. Hearing. The owner of any dog declared dangerous has the right to
5.3a hearing by an impartial hearing officer.
5.4 Subd. 2. Security. A person claiming an interest in a seized dog may prevent
5.5disposition of the dog by posting security in an amount sufficient to provide for the dog's
5.6actual cost of care and keeping. The security must be posted within 14 days of the seizure
5.7inclusive of the date of the seizure.
5.8 Subd. 3. Notice. (a) The authority declaring the dog dangerous shall give notice of
5.9this section by delivering or mailing it to the owner of the dog, or by posting a copy of it at
5.10the place where the dog is kept, or by delivering it to a person residing on the property,
5.11and telephoning, if possible. The notice must include:
5.12 (1) a description of the seized dog; the authority for and purpose of the dangerous
5.13dog declaration and seizure; the time, place, and circumstances under which the dog was
5.14declared dangerous; and the telephone number and contact person where the dog is kept;
5.15 (2) a statement that the owner of the dog may request a hearing concerning the
5.16dangerous dog declaration and, if applicable, prior potentially dangerous dog declarations
5.17for the dog, and that failure to do so within 14 days of the date of the notice will terminate
5.18the owner's right to a hearing under this section;
5.19 (3) a statement that if an appeal request is made within 14 days of the notice, the
5.20owner must immediately comply with the requirements of section 347.52, paragraphs (a)
5.21and (c), and until such time as the hearing officer issues an opinion;
5.22 (4) a statement that if the hearing officer affirms the dangerous dog declaration,
5.23the owner will have 14 days from receipt of that decision to comply with all other
5.24requirements of sections 347.51, 347.515, and 347.52;
5.25 (5) a form that can be used by the owner of the dog that was seized for requesting a
5.26hearing under this subdivision; and
5.27 (6) a statement that all actual costs of the care, keeping, and disposition of the dog
5.28are the responsibility of the person claiming an interest in the dog, except to the extent
5.29that a court or hearing officer finds that the seizure or impoundment was not substantially
5.30justified by law.
5.31 Subd. 4. Right to hearing. Any hearing must be held within 30 days of the request
5.32to determine the validity of the dangerous dog declaration. The hearing officer must be an
5.33impartial employee of the local government or an impartial person retained by the local
5.34government to conduct the hearing. In the event that the dangerous dog declaration is
5.35upheld by the hearing officer, actual expenses of the hearing up to a maximum of $1,000
5.36will be the responsibility of the dog's owner. The hearing officer shall issue a decision
6.1on the matter within ten days after the hearing. The decision must be delivered to the
6.2dog's owner by hand delivery or registered mail as soon as practical and a copy must be
6.3provided to the animal control authority.
6.4 Sec. 12. [347.542] RESTRICTIONS.
6.5 Subdivision 1. Dog ownership prohibited. Except as provided in subdivision 3, no
6.6person may own a dog if the person has:
6.7 (1) been convicted of a third or subsequent violation of section 347.51, 347.515,
6.8or 347.52;
6.9 (2) been convicted of a violation under section 609.205, clause (4);
6.10 (3) been convicted of a gross misdemeanor under section 609.226, subdivision 1;
6.11 (4) been convicted of a violation under section 609.226, subdivision 2; or
6.12 (5) had a dog ordered destroyed under section 347.56 and been convicted of one or
6.13more violations of section 347.51, 346.515, 347.52, or 609.226, subdivision 2.
6.14 Subd. 2. Household members. No member of a household may own a dog where a
6.15person resides who is prohibited from dog ownership under subdivision 1.
6.16 Subd. 3. Dog ownership prohibition review. Beginning three years after a
6.17conviction under subdivision 1 that prohibits a person from owning a dog, and annually
6.18thereafter, the person may request that the animal control authority review the prohibition.
6.19The animal control authority may consider such facts as the seriousness of the violation
6.20or violations that led to the prohibition, any criminal convictions, or other facts that the
6.21animal control authority deems appropriate. The animal control authority may rescind the
6.22prohibition entirely or rescind it with limitations. The animal control authority also may
6.23establish conditions a person must meet before the prohibition is rescinded, including,
6.24but not limited to, successfully completing dog training or dog handling courses. If the
6.25animal control authority rescinds a person's prohibition and the person subsequently fails
6.26to comply with any limitations imposed by the animal control authority or the person is
6.27convicted of any animal violation involving unprovoked bites or dog attacks, the animal
6.28control authority may permanently prohibit the person from owning a dog in this state.
6.29 Sec. 13. Minnesota Statutes 2006, section 347.55, is amended to read:
6.30347.55 PENALTY.
6.31 (a) Any A person who violates any a provision of section
6.32is guilty of a misdemeanor.
6.33 (b) It is a misdemeanor to remove a microchip from a dangerous or potentially
6.34dangerous dog, to fail to renew the registration of a dangerous dog, to fail to account for a
7.1dangerous dog's death or removal from the jurisdiction change of location where the dog
7.2will reside, to sign a false affidavit with respect to a dangerous dog's death or removal
7.3from the jurisdiction change of location where the dog will reside, or to fail to disclose
7.4ownership of a dangerous dog to a property owner from whom the person rents property.
7.5 (c) A person who is convicted of a second or subsequent violation of paragraph (a)
7.6or (b) is guilty of a gross misdemeanor.
7.7 (d) An owner who violates section 347.542, subdivision 1, is guilty of a gross
7.8misdemeanor.
7.9 (e) Any household member who knowingly violates section 347.542, subdivision 2,
7.10is guilty of a gross misdemeanor.
7.11 Sec. 14. Minnesota Statutes 2006, section 347.56, is amended to read:
7.12347.56 DESTRUCTION OF DOG IN CERTAIN CIRCUMSTANCES.
7.13 Subdivision 1. Circumstances. Notwithstanding sections
7.14that inflicted substantial or great bodily harm on a human being on public or private
7.15property without provocation may be destroyed in a proper and humane manner by the
7.16animal control authority. The animal control authority may not destroy the dog until the
7.17dog owner has had the opportunity for a hearing before an impartial decision maker. may
7.18be destroyed in a proper and humane manner by the animal control authority if the dog:
7.19 (1) inflicted substantial or great bodily harm on a human on public or private
7.20property without provocation;
7.21 (2) inflicted multiple bites on a human on public or private property without
7.22provocation;
7.23 (3) bit multiple human victims on public or private property in the same attack
7.24without provocation; or
7.25 (4) bit a human on public or private property without provocation in an attack where
7.26more than one dog participated in the attack.
7.27 Subd. 2. Hearing. The animal control authority may not destroy the dog until the
7.28dog owner has had the opportunity for a hearing before an impartial decision maker.
7.29The definitions in section
7.305 , apply to this section.
7.31 Sec. 15. [347.565] APPLICABILITY.
7.32 Sections 347.50 to 347.56 must be enforced by animal control authorities or
7.33law enforcement agencies, whether or not these sections have been adopted into local
7.34ordinance.