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343.20
DEFINITIONS
Subd. 1
Application.
Except as otherwise indicated by the context, for purposes of
sections 343.20 to 343.36, the terms defined in this section have
the meanings given them.
Subd.
2
Animal. “Animal” means every living creature except members of
the human race.
Subd. 3
Torture; cruelty. “Torture” or “cruelty” means every act,
omission, or neglect which causes or permits unnecessary or
unjustifiable pain, suffering, or death.
Subd. 4
Impure milk. “Impure and unwholesome milk” means all milk
obtained from diseased or unhealthy animals, or from animals fed on
any substance which is putrefied or fermented.
Subd. 5
Animal control officer. “Animal control officer” means an
officer employed by or under contract with 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. 6
Pet or companion animal. “Pet or companion animal” includes
any animal owned, possessed by, cared for, or controlled by a person
for the present or future enjoyment of that person or another as a
pet or companion, or any stray pet or stray companion animal.
Subd. 7
Service animal. “Service animal” means an animal trained to
assist a person with a disability.
Subd. 8
Substantial bodily harm. “Substantial bodily harm” means
bodily injury which involves a temporary but substantial
disfigurement, or which causes a temporary but substantial loss or
impairment of the function of any bodily member or organ, or which
causes a fracture of any bodily member to a service animal or a pet
or companion animal.
Subd. 9
Great bodily harm.
“Great
bodily harm” means bodily injury which creates a high probability of
death, or which causes serious permanent disfigurement or which
causes a permanent or protracted loss or impairment of the function
of any bodily member or organ, or other serious bodily harm to a
service animal or a pet or companion animal.
343.21
Overworking or mistreating animals; penalty
Subd. 1
Torture.
No person shall overdrive, overload, torture, cruelly beat, neglect,
or unjustifiably injure, maim, mutilate, or kill any animal, or
cruelly work any animal when it is unfit for labor, whether it
belongs to that person or to another person.
Subd. 2
Nourishment; shelter.
No person shall deprive any animal over which the person has charge
or control of necessary food, water, or shelter.
Subd. 3
Enclosure.
No person shall keep any cow or other animal in any enclosure
without providing wholesome exercise or change of air.
Subd. 4
Low feed.
No person shall feed any cow on food which produces impure or
unwholesome milk.
Subd. 5
Abandonment.
No person
shall abandon any animal.
Subd. 6
Temporary abandonment.
No person
shall allow any maimed, sick, infirm, or disabled animal to lie in
any street, road, or other public place for more than three hours
after receiving notice of the animal’s condition.
Subd. 7
Cruelty.
No person shall willfully instigate or in any way further any act of
cruelty to any animal or animals, or any act tending to produce
cruelty to animals.
Subd. 8
Caging.
No person shall cage any animal for public display purposes unless
the display cage is constructed of solid material on three sides to
protect the caged animal from the elements and unless the horizontal
dimension of each side of the cage is at least four times the length
of the caged animal. The provisions of this subdivision do not
apply to the Minnesota state agricultural society, the Minnesota
state fair, or to the county agricultural societies, county fairs,
to any agricultural display of caged animals by any political
subdivision of the state of Minnesota, or to district, regional or
national educational livestock or poultry exhibitions. The
provisions of this subdivision do not apply to captive wildlife, the
exhibition of which is regulated by section 97A.041.
Subd. 8a Harming
a service animal.
No person shall intentionally and without justification cause bodily
harm to a service animal while it is providing service or while it
is in the custody of the person it serves.
Subd. 9
Penalty.
(a) Except
as otherwise provided in this subdivision, a person who fails to
comply with any provision of this section is guilty of a
misdemeanor.
(a) A person convicted of
a second or subsequent violation of subdivision 1 or 7 within five
years of a previous violation of subdivision 1 or 7
is guilty of a gross misdemeanor.
(b)
A person who intentionally violates subdivision 1 or 7 where the
violation results in substantial bodily harm to a pet or companion
animal
may be sentenced to imprisonment for not more than one year or to
payment of a fine of not more than $3,000, or both.
(c)
A person convicted of violating paragraph (b) within five years of a
previous gross misdemeanor or felony conviction for violating this
section may be sentenced to imprisonment for not more than two years
or to payment of a fine of not more than $5,000, or both.
(d)
A person who intentionally violates subdivision 1 or 7 where the
violation results in death or great bodily harm to a pet or
companion
animal may be sentenced to imprisonment for not more than two years
or to payment of a fine of not more than $5,000, or both.
(e)
A person who violates subdivision 8a where the violation results in
substantial bodily harm to a service animal may be sentenced to
imprisonment for not more than two years or to payment of a fine of
not more than $5,000, or both.
(f)
A person who intentionally violates subdivision 1 or 7 where the
violation results in substantial bodily harm to a pet or companion
animal,
and the act is done to threaten, intimidate, or terrorize another
person, may be sentenced to imprisonment for not more than two years
or to payment of a fine of not more than $5,000, or both.
(g)
A person who violates subdivision 8a where the violation results in
death or great bodily harm to a service animal may be sentenced to
imprisonment for not more than four years or to payment of a fine of
not more than $10,000, or both.
(h)
A person who intentionally violates subdivision 1 or 7 where the
violation results in death or great bodily harm to a pet or
companion
animal, and the act is done to threaten, intimidate, or terrorize
another person, may be sentenced to imprisonment for not more than
four years or to payment of a fine of not more than $10,000, or
both.
Subd. 10 Restrictions.
If a person is convicted of violating this section, the court shall
require that pet or companion animals that have not been seized by a
peace officer or agent and are in the custody or control of the
person must be turned over to a peace officer or other appropriate
officer or agent unless the court determines that the person is able
and fit to provide adequately for an animal. If the evidence
indicates lack of proper and reasonable care of an animal, the
burden is on the person to affirmatively demonstrate by clear and
convincing evidence that the person is able and fit to have custody
of and provide adequately for an animal. The court may limit the
person’s further possession or custody of pet or companion animals,
and may impose other conditions the court considers appropriate,
including, but not limited to:
(1)
imposing a
probation period during which the person may not have ownership,
custody, or control of a pet or companion animal;
(2)
requiring
periodic visits of the person by an animal control officer or agent
appointed pursuant to section 343.01, subdivision 1;
(3)
requiring
performance by the person of community service; and
(4) requiring
the person to receive psychological, behavioral, or other
counseling.
343.40 Dog
Houses
Subd. 1 In
general.
A person
in charge or control of any dog which is kept outdoors or in an
unheated enclosure shall provide the dog with shelter and bedding as
prescribed in this section as a minimum.
Subd. 2
Building specifications.
The
shelter shall include a moisture-proof and windproof structure of
suitable size to accommodate the dog and allow retention of body
heat. It shall be made of durable material with a solid,
moisture-proof floor or a floor raised at least two inches from the
ground. Between November 1 and March 31 the structure must have a
windbreak at the entrance. The structure shall be provided with a
sufficient quantity of suitable bedding material consisting of hay,
straw, cedar shavings, blankets, or the equivalent, to provide
insulation and protection against cold and dampness and promote
retention of body heat.
Subd. 3
Shade.
Shade from the direct rays of the sun, during the months of June to
September, shall be provided.
Subd. 4
Farm dogs.
In lieu of
the requirements of subdivisions 2 and 3, a dog kept on a farm may
be provided with access to a barn with a sufficient quantity of
loose hay or bedding to protect against cold and dampness.
Subd. 5
Zoning.
All
shelters required by this section shall be subject to all building
or zoning regulations of any city, township, county, or state.
Subd. 6
Penalty.
Whoever violates the provisions of this section is guilty of a petty
misdemeanor.
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