This Minnesota statute outlines the procedure for a town establishing a rabies proclamation and prevents the running at large of unmuzzled dogs in such localities. It also provides that 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. The statute also defines "dangerous dog" and "potentially dangerous dog."
Agriculture (Ch. 17-42). Chapter 35. Animal Health
35.67 . Rabies investigation
35.68 . Rabies proclamation
35.69 . Unmuzzled dogs not permitted at large
Police Regulations (Ch. 340-348). Chapter 346. Stray Animals; Companion Animals. Dogs; Cats; Animal Shelters; Research Animals
346.51 . Bites
347.50 . Definitions
35.67. Rabies investigation
If the executive director of the Board of Animal Health, or a community health board as defined in section 145A.02, subdivision 5, receives a written complaint that rabies exists in a town or city in the board's jurisdiction, the community health board shall investigate, either personally or through subordinate officers, the truth of the complaint. A community health board may also make an investigation and determination independently, without having received a complaint. The fact that a community health board has investigated and determined that rabies does not exist in a jurisdiction does not deprive the executive director of the Board of Animal Health of jurisdiction or authority to make an investigation and determination with reference to the territory. For the purposes of sections 35.67 to 35.69, the jurisdiction of the executive director of the Board of Animal Health is the entire state.
Amended by Laws 1973, c. 123, art. 5, § 7; Laws 1980, c. 467, § 18; Laws 1985, c. 265, art. 1, § 1; Laws 1987, c. 309, § 14; Laws 1999, c. 231, § 75, eff. May 26, 1999; Laws 2014, c. 291, art. 7, § 28, eff. July 1, 2014.
If a community health board as defined in section 145A.02, subdivision 5, investigates and finds that rabies does exist in a town or city the community health board shall make and file a proclamation of the investigation and determination which prohibits the owner or custodian of any dog from allowing the dog to be at large within the town or city unless the dog is effectively muzzled so that it cannot bite any other animal or person.
If the executive director of the Board of Animal Health, after investigation, has determined that rabies exists in any territory in the state, similar proclamations must be issued in all towns and cities within the territory or area in which it is necessary to control the outbreak and prevent the spread of the disease. The proclamation must prohibit the owner or custodian of any dog within the designated territory from permitting or allowing the dog to be at large within the territory unless the dog is effectively muzzled so that it cannot bite any other animal or person.
All local peace officers and community health boards shall enforce sections 35.67 to 35.69.
A proclamation issued by the community health board must be filed with the clerk of the political subdivision responsible for the community health board. One issued by the executive director of the Board of Animal Health must be filed with the clerk of each town and city within the territory it covers.
Each officer with whom the proclamation is filed shall publish a copy of it in one issue of a legal newspaper published in the clerk's town or city if one is published there. If no newspaper is published there, the clerk must post a copy of the proclamation in three public places. Publication is at the expense of the municipality.
Proof of publication must be by affidavit of the publisher and proof of posting must be by the person doing the posting. The affidavit must be filed with the proclamation. The proclamation is effective five days after the publication or posting and remains effective for the period of time not exceeding six months specified in it by the community health board making the proclamation.
Amended by Laws 1973, c. 123, art. 5, § 7; Laws 1980, c. 467, § 19; Laws 1985, c. 265, art. 1, § 1; Laws 1987, c. 309, § 15; Laws 1988, c. 485, § 3, eff. Aug. 1, 1988; Laws 1999, c. 231, § 76, eff. May 26, 1999; Laws 2014, c. 291, art. 7, § 28, eff. July 1, 2014.
The owner or custodian of a dog may not permit it to be at large, either on the premises of the owner or elsewhere, within any city or town covered by a proclamation made under section 35.68, during the time the proclamation is in force, unless the dog is effectively muzzled so that it cannot bite any other animal or person.
Any person may kill a dog running at large on the public streets or roads in violation of sections 35.67 to 35.69. The owner of the dog has no claim against the person who kills the dog.
Peace officers and agents of a board of health as authorized under section 145A.04 shall file a complaint concerning any known violation of sections 35.67 to 35.69.
Amended by Laws 1973, c. 123, art. 5, § 7; Laws 1985, c. 265, art. 1, § 1; Laws 1987, c. 309, § 24.
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.
Laws 1985, c. 294, § 2, eff. Aug. 1, 1985.
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.
Subd. 8. Provocation. “Provocation” means an act that an adult could reasonably expect may cause a dog to attack or bite.
Laws 1988, c. 711, § 1. Amended by Laws 1989, c. 37, §§ 3 to 5, eff. April 18, 1989; Laws 1994, c. 550, § 1; Laws 2001, 1st Sp., c. 8, art. 8, §§ 14, 15; Laws 2008, c. 325, § 2, eff. Aug. 1, 2008.