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.
Credits
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.
35.68. Rabies proclamation
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.
Credits
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.
35.69. Unmuzzled dogs not permitted at large
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 community health board as authorized under section 145A.04 shall file a complaint concerning any known violation of sections 35.67 to 35.69.
Credits
Amended by Laws 1973, c. 123, art. 5, § 7; Laws 1985, c. 265, art. 1, § 1; Laws 1987, c. 309, § 24; Laws 2015, c. 21, art. 1, § 109, subd. 9, eff. May 12, 2015.