07-24-1995 Council Packet - Laserfiche WebLink

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?n... W‘ State now requires 10 day wait before destroying animals After several highly publicized cases, the Iceislarurc acted Lhis session to delay the killing of dogs. cats, and other animals seized by cities and ether animal control agencies under the state’s “cruelty to animals ’ statute (M.S.§§ 343.22 or 343.29). The legislature did not amend its other aniinai health statute (M.S. Chapter 35) which addresses the disposal of seized animals. M.S. 33.171. surd. 3 requires all animals seized by public authontics be held for redemption by the ow ner for at least five regular business da>s. Tnc law was amended to auuhorizc seizure only in circumstances that threaten the life of the animal. (Ch. 244 1995 session laws.) Previous law authorized the immediate humane disposal of seized animals upon the order of a vetennar- ian if the animal was suffering and beyond cure, or seven days after the animal was taken into custody. The law was amended this year, ctfcctivc June 2, 1995, to require holding the seized animal for ten days unless a veterinarian authorizes its immediate destruction. Technically, the law applies only to animals seized under the state laws cited above, which are limned to sinjations where an animal is removed from the possession of an individual due to cruel treatment or lifc-ihreaien- ing environments. Alternately, a method needs to be developed which categonzes animals taken under uhe respective starutes. Until the legislature acts to clarify this apparent inconsistency, cities^mighi want to adopt a uniform ten-day retention penod for ail animals. .Also, all cities should comply with die new provision that animals raised for tood or fiber products not be seized or disposed of without prior examination by a licensed vetennarian pursuant to a warrant issued by a judge. The secunty and notification requirements in state law were also amended. A person claiming an iriterest in an animal may prevent disposition by posting secunty suffi cient to provide for :ne ani.mal s a^oual costs of care and keeping. The secunty must be posted w ithin ten days of the seizure, inclusive ct ^ die date of seizure. / The aumenty uking custody of an animal must deliver or m*ail a notice to a person claiming an interest in Lhc animal, or by posting a copy of the notice at the place where die animal is taken into custody, or by delivering it to a person residing on the property, 2nd by telephoning, if possible. The nonce must include: • A description of the animal seized, the authority and purpose for the seizure; the time, place, and circum stances under which the animal was seized; and the location, address and telephone number for the contact person where the animal is kept; • A statement that a person claiming an interest in die animal may p?ost security to prevent disposition of the animal and may request a hearing concerning the seizure or impound ment; failure to do so within ten days of the date of the notice will result in disposition of the animai; and • A statement that all actual costs of the care, keeping, and disposal of tnc animal are the responsibility of the person claiming an interest in the animal, c.xcept to the extent that a court or hcanng officer finds that the seizure cr impoundm*ent was not substantially justified by law. The notice must also include a form that can be used by a person claimung an interest in the animal for requesting a hcanng under diis subdivision. Upon request of a person claiming an interest in the animal, that must be made within ten days of the date of seizure, a hcanng must be held within five business days of the request, to K determine the validity of the seizure and impoundment. If the seizure was done pursuant to a warrant (under section 343.-2), the hcanng must be conducted by the judze w ho issued the wairani. If the seizure was done under section which authorizes removal of the animal from lifc-thrcaienmg situations, the municipality taking custody of the animal or, in the case of a humane society, the municipality from which the animal was seized, may cither (1) auihonze a licensed vcicnnanan with no financial interest in the matter or professional association with cither 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 hcanng officer under this subdivi sion may seek a court order governing the seizure or impoundment within five days of notice of the order. The judge or hcanng officer may authonze the return of the animal if the judze or hcanng officer finds that: • The animal is physically fit: and • The person claiming an interest in the animal can and will provide the care required by law for the animai. The person claiming an interest in Lhe animal is liable for all actual costs of care, keeping, and disposal of the animal, unless a court or hcanng of ficer finds that the seizure or impound ment was not substantially justified by law. The costs must be paid in full or a munially 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. This new law went into effect June 2. 1995 so immediate action to con- fonn local policies to the state law is required. S3 June 23, 1995 Page 5