TITLE 11. COUNTIES. CHAPTER 11-11. BOARD OF COUNTY COMMISSIONERS.
11-11-14 Powers of board of county commissioners. (For dog related powers see Sec. 22 )
TITLE 20.1. GAME, FISH, PREDATORS, AND BOATING. CHAPTER 20.1-04. BIRDS, REGULATIONS.
20.1-04-12 When gun dogs not to be trained or permitted to run loose -- Exceptions -- Penalty.
20.1-04-12.1 . Gun dog activities--Permit required--Fee
20.1-04-12.2 . Gun dog training area--Permit
TITLE 20.1. GAME, FISH, PREDATORS, AND BOATING. CHAPTER 20.1-05. BIG GAME ANIMALS, REGULATIONS.
20.1-05-02.1 Unattended dogs harassing or killing big game animals.
TITLE 23. HEALTH AND SAFETY. CHAPTER 23-36. RABIES CONTROL.
23-36-01 Definitions.
23-36-02 Policy - Local authority.
23-36-03 Enforcement authority.
23-36-04 Administrative search warrant.
23-36-05 Assistance of state and local agencies.
23-36-06 Payment for postexposure treatment.
23-36-07 Penalty for violation of order or interference.
23-36-08 Limitation on liability.
23-36-09 Owner's responsibility.
TITLE 36. LIVESTOCK. CHAPTER 36-21. GENERAL PROVISIONS.
36-21-10 Dogs, wolves, and coyotes worrying livestock or poultry may be killed.
36-21-11 Owners of dogs liable for damages done to livestock -- Procedure when damages done by pack of dogs.
TITLE 40. MUNICIPAL GOVERNMENT. CHAPTER 40-05. POWERS OF MUNICIPALITIES.
40-05-01 Powers of all municipalities. (For dog related powers, see Secs. 42, 44, and 47 )
40-05-02 Additional powers of city council and board of city commissioners. (For dog related powers, see Sec. 22 ).
40-05-19 City tax levy for animal shelters -- Sterilization of animals.
TITLE 42. NUISANCES. CHAPTER 42-03. DOGS AS PUBLIC NUISANCE.
42-03-01 When dogs are a public nuisance.
42-03-02 Owner of dog not known.
42-03-03 Hearing -- Judgment -- Execution.
42-03-04 Costs.
TITLE 43. OCCUPATIONS AND PROFESSIONS. CHAPTER 43-29. VETERINARIANS.
43-29-16.1 Abandonment of animals by owner.
Title 12.1. Criminal Code. Chapter 12.1-17. Assaults--Threats--Coercion--Harassment
§ 12.1-17-09. Killing or injury of law enforcement support animal--Definition--Penalty
Links on other pages:
Anti-cruelty and dogfighting laws
Assistance and service animal laws
TITLE 11. COUNTIES. CHAPTER 11-11. BOARD OF COUNTY COMMISSIONERS.
11-11-14 Powers of board of county commissioners. (For dog related powers see Sec. 22)
The board of county commissioners shall have the following powers:
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22. To regulate the confinement and control of dogs, cats, and other household pets, provided the regulations do not conflict with rules adopted by the state board of animal health.
Credits
S.L. 1899, ch. 59, § 1; S.L. 1907, ch. 67, § 1; S.L. 1911, ch. 115; S.L. 1937, ch. 123, § 1; S.L. 1955, ch. 112; S.L. 1967, ch. 158, § 3; S.L. 1969, ch. 208, § 1; S.L. 1971, ch. 123, §§ 1, 2; S.L. 1973, ch. 89, § 1; S.L. 1975, ch. 91, § 2; S.L. 1975, ch. 92, § 2; S.L. 1977, ch. 90, § 1; S.L. 1977, ch. 91, § 1; S.L. 1979, ch. 162, § 1; S.L. 1983, ch. 82, § 10; S.L. 1985, ch. 158, § 1; S.L. 1985, ch. 236, § 1; S.L. 1985, ch. 453, § 1; S.L. 1987, ch. 145, § 1; S.L. 1989, ch. 144, § 1; S.L. 1989, ch. 145, §§ 1, 2; S.L. 1993, ch. 54, § 106; S.L. 1993, ch. 96, § 1; S.L. 1995, ch. 110, § 1; S.L. 1999, ch. 101, § 1; S.L. 2003, ch. 48, § 5; S.L. 2015, ch. 88, § 8, eff. Jan. 1, 2016; S.L. 2015, ch. 89, § 1, eff. Aug. 1, 2015; S.L. 2015, ch. 439, § 12, eff. Jan. 1, 2015; S.L. 2023, ch. 110 (S.B. 2370), § 1, eff. Aug. 1, 2023.
TITLE 20.1. GAME, FISH, PREDATORS, AND BOATING. CHAPTER 20.1-04. BIRDS, REGULATIONS.
20.1-04-12 When gun dogs not to be trained or permitted to run loose -- Exceptions -- Penalty.
No person, classified as a professional trainer, between April first and July fourteenth of each year, both dates inclusive, may train or run any gun dog or allow any such dog to run loose. For purposes of this section, a professional trainer is any person who trains any breed of gun dog for remuneration which is the basis for the person's livelihood. This section does not prohibit the running of gun dog field trials, nor does this section prohibit the training of an individual's personal gun dog during that period provided that:
1. Landowner permission is secured by the trainer;
2. The trainer is present;
3. No native game birds are killed or captured; and
4. The training is not on a designated game management area or designated waterfowl production area.
Any person who violates this section is guilty of a class 2 noncriminal offense.
Source: S.L. 1973, ch. 202, § 11; 1975, ch. 211, § 2; 1985, ch. 272, § 15.
§ 20.1-04-12.1. Gun dog activities--Permit required--Fee
1. The director shall issue a permit for the following gun dog activities:
a. The training exercises of a resident or nonresident professional trainer;
b. The training exercises of a nonresident amateur trainer who brings more than four gun dogs into the state; and
c. Hosting field trials that use live wild birds.
2. The application for the permit must be in a form prescribed by the director and must be accompanied by the appropriate fee.
3. Upon the receipt of the completed application and fee the director shall issue a permit for a specified period of time and shall require the permitholder to submit an annual report.
4. The fees for the permits are:
a. For a resident professional gun dog trainer for training exercises or hosting field trials, ten dollars.
b. For a nonresident professional gun dog trainer for training exercises or hosting field trials, one hundred dollars.
c. For a permit to a nonresident amateur who brings more than four gun dogs into this state, twenty-five dollars.
5. For purposes of this section, a professional trainer is a person who trains any breed of gun dog for remuneration that is the basis for that person's livelihood.
CREDIT(S)
S.L. 1991, ch. 247, § 1; S.L. 2003, ch. 48, § 13.
§ 20.1-04-12.2. Gun dog training area--Permit
Notwithstanding section 20.1-04-12, a professional trainer may apply to and obtain from the department a permit designating a specific training area, not to exceed forty acres [16.19 hectares], as an exempt training area.
1. In the exempt training area, a professional trainer may train or run any gun dog or allow the gun dog to run loose at any time.
2. The fee for the permit may not exceed ten dollars per year.
CREDIT(S)
S.L. 2009, ch. 17, § 3, eff. July 1, 2009.
TITLE 20.1. GAME, FISH, PREDATORS, AND BOATING. CHAPTER 20.1-05. BIG GAME ANIMALS, REGULATIONS.
20.1-05-02.1 Unattended dogs harassing or killing big game animals.
Any district game warden may kill any unattended dog harassing or killing big game. No action for damages may be maintained against the person for the killing.
Source: S.L. 1979, ch. 307, § 1.
TITLE 23. HEALTH AND SAFETY. CHAPTER 23-36. RABIES CONTROL.
As used in this chapter:
1. “Bite” means any penetration of the skin by an animal's teeth.
2. “Clinical signs of rabies” means physical signs or animal behavior that would lead a reasonably prudent veterinarian to suspect an infection of rabies and the pursuit of a rabies diagnosis is indicated.
3. “Confinement” means separation of an animal from humans, other than the owner, caretaker, a member of the owner's family, or the caretaker's employees, and from other animals, by means of a building, cage, fence, pen, or other secure enclosure that restricts the animal's movement within definite boundaries and prevents the animal from exiting the enclosure.
4. “Department” means the department of health and human services.
5. “Domestic animal” means any dog [canis familiaris], cat [felis domestica], horse, mule, bovine animal, sheep, goat, bison, llama, alpaca, swine, or captive-bred ferret.
6. “Emergency” means a situation in which an immediate search and seizure of an animal is necessary and authorized by section 8 of article I of the Constitution of North Dakota and the fourth amendment to the Constitution of the United States because of a risk of death or serious bodily injury to a human or another animal.
7. “Euthanasia” means the use of humane techniques to induce the most rapid, painless, and distress-free death possible in an animal.
8. “Exposure to rabies” means any bite or scratch, and includes any nonbite contact with an animal, animal tissue, or fluids which is defined as an exposure to rabies by the federal advisory committee on immunization practices referred to in Public Law No. 103-66 [107 Stat. 636, 642; 42 U.S.C. 1396s(e)].
9. “Impound” means quarantining an animal at a public pound or an animal facility of a licensed veterinarian.
10. “Law enforcement officer” has the meaning of that term as set forth in section 12.1-01-04.
11. “Quarantine” means confinement in a fixed area that keeps an exposed animal secure and segregated from all other animals and individuals so there is no reasonable possibility of rabies being mechanically transmitted from the confined area.
12. “Vaccinated animal” means an animal that has been vaccinated in compliance with the 2016 compendium of animal rabies control issued by the national association of state public health veterinarians.
13. “Suspect rabies exposure” means an animal bitten or otherwise exposed to a wild carnivore, skunk, bat, or an animal, as determined by a veterinarian, which may have been exhibiting signs of rabies, and a rabies exposure could not be ruled out through laboratory testing.
14. “Wild animal” means any animal of the class mammalia which is not a domestic animal and includes any hybrid of a domestic animal and a wild animal regardless of whether the animal is:
a. Wildlife as defined in section 20.1-01-02; or
b. Held in private ownership.
Credits
S.L. 1999, ch. 243, § 1; S.L. 2019, ch. 212 (S.B. 2092), § 1, eff. Aug. 1, 2019; S.L. 2021, ch. 352 (H.B. 1247), § 243, eff. Sept. 1, 2022.
23-36-02 Policy - Local authority.
1. The department shall establish a rabies control program that must place primary emphasis on human exposure to rabies.
2. The department shall consider national peer-reviewed recommendations for the control of rabies during the development of the department's rabies control program.
3. This chapter may not be construed to limit the authority of any local agency to control or prevent rabies, and, upon request, the department may assist any local agency in rabies control and prevention activities, but the fact that possible rabies exposure is subject to a local ordinance does not limit the department's authority under this chapter.
4. This chapter may not be construed to limit a law enforcement officer's ability to immediately seize, humanely kill, and request the testing of an animal for rabies if emergency circumstances exist that endanger human health or safety.
Source: S.L. 1999, ch. 243, § 1.
23-36-03 Enforcement authority.
S.L. 1999, ch. 243, § 1; S.L. 2009, ch. 160, § 2, eff. Aug. 1, 2009; S.L. 2019, ch. 212 (S.B. 2092), § 2, eff. Aug. 1, 2019.
23-36-04 Administrative search warrant.
Except in the case of an emergency, the department, or another state or local agency acting on the department's behalf, may seize an animal located on private property only as authorized by an administrative search warrant issued under chapter 29-29.1. A warrant to seize an animal under this section must include a request to quarantine, impound, or humanely kill and test the animal.
SOURCE: S.L. 1999, ch. 243, § 1.
23-36-05 Assistance of state and local agencies.
If a warrant is issued under section 23-36-04 and upon written request of the department, the game and fish department, the state veterinarian, or the wildlife services program of the United States department of agriculture animal and plant health inspection service shall provide assistance to the department in any action to seize, impound, quarantine, or test an animal suspected of having rabies or that has possibly exposed an individual to rabies or possibly has been exposed to rabies, and shall carry out any other preventive measures the department requests. For purposes of this section, a request from the department means only a request for assistance as to a particular and singular suspicion of exposure to rabies and does not constitute a continuous request for assistance.
The duty of the game and fish department to cooperate and provide assistance under this section is limited to cases involving a wild animal and is applicable only if no other agency is available for law enforcement or animal control services.
Credits
S.L. 1999, ch. 243, § 1; S.L. 2019, ch. 212 (S.B. 2092), § 3, eff. Aug. 1, 2019.
23-36-06 Payment for postexposure treatment.
The department may provide, at no cost, rabies postexposure biologics to an individual possibly exposed to rabies if the department determines the individual is financially unable to pay for the postexposure biologics treatment.
Credits
S.L. 1999, ch. 243, § 1; S.L. 2019, ch. 212 (S.B. 2092), § 4, eff. Aug. 1, 2019.
23-36-07 Penalty for violation of order or interference.
A person is guilty of an infraction if the person:
1. Conceals, releases, or removes an animal from the place where the animal is located with intent to impair that animal's availability for seizure under that warrant or order while the person is under the belief that a search warrant or judicial order is pending or is about to be issued for the seizure of an animal;
2. Fails to impound or quarantine an animal for the period and at the place specified after having been ordered to impound or quarantine the animal; or
3. Recklessly hinders any state or local official in any pending or prospective action to seize, impound, quarantine, or test an animal under this chapter.
SOURCE: S.L. 1999, ch. 243, § 1.
23-36-08 Limitation on liability.
Subject to any other requirements of section 32-12.2-02, the owner of an animal may bring a claim for money damages, and may recover an amount up to the replacement value of the animal, if the owner establishes that before the animal was seized and tested for rabies under this chapter, the department, knew or recklessly failed to determine that the animal, at the time of the exposure, was lawfully owned and licensed and that:
1. The animal had not bitten, scratched, or otherwise possibly exposed another animal or an individual to rabies; or
2. The animal was a domestic animal and there was not probable cause to believe the animal was rabid.
Credits
S.L. 1999, ch. 243, § 1; S.L. 2019, ch. 212 (S.B. 2092), § 5, eff. Aug. 1, 2019; S.L. 2023, ch. 229 (H.B. 1165), § 57, eff. July 1, 2023.
23-36-09 Owner's responsibility.
1. The owner of an animal is liable for the cost of quarantine and veterinary services, and for the cost of any postexposure treatment received by an individual who is possibly exposed to rabies by the owner's animal, if the animal is not:
a. Licensed or registered as required by any state or local law or rule applicable to that species; or
b. Confined or vaccinated as required by any state or local law or rule applicable to that species.
2. This section may not be construed to limit any other liability of an animal owner for injury or damage caused by the owner's animal.
SOURCE: S.L. 1999, ch. 243, § 1.
TITLE 36. LIVESTOCK. CHAPTER 36-21. GENERAL PROVISIONS.
36-21-10 Dogs, wolves, and coyotes worrying livestock or poultry may be killed.
Any person who kills any dog, wolf, or coyote kept as a domestic animal is not liable in any civil action to the owner of the animal:
1. When the person sees such animal in the act of killing, chasing, worrying, or damaging any livestock or poultry; or
2. When the person discovers evidence that the animal recently killed or chased sheep.
Credits
S.L. 1890, ch. 155, § 9; S.L. 1939, ch. 13, § 1; S.L. 2017, ch. 68 (S.B. 2028), § 11, eff. July 1, 2017.
36-21-11 Liability for damages to livestock by dogs.
The owner of any dog that kills, wounds, or chases any sheep or other domestic animal or poultry belonging to another person is liable to that person for all resulting damages. If more than one dog, owned by different persons, participates in the killing, wounding, or chasing of sheep or other domestic animals or poultry, the owners of the dogs may be sued jointly, and a joint verdict and judgment may be rendered against the owners. If one or more of the defendants pays a joint judgment and if the damages committed by the dogs may be prorated, the payor or payors may receive contribution from the defendants who have not paid.
Credits
S.L. 1890, ch. 155, § 8; S.L. 1927, ch. 252, § 1; S.L. 2017, ch. 68 (S.B. 2028), § 12, eff. July 1, 2017.
Codifications: R.C. 1895, § 1570; R.C. 1899, § 1570; R.C. 1905, §§ 1958, 1959; C.L. 1913, §§ 2642, 2643; R.C. 1943, § 36-2111.
TITLE 40. MUNICIPAL GOVERNMENT. CHAPTER 40-05. POWERS OF MUNICIPALITIES.
40-05-01 Powers of all municipalities. (Editied. For dog related powers, see Secs. 42, 44, and 47)
The governing body of a municipality shall have the power:
1. Ordinances. To enact or adopt all such ordinances, resolutions, and regulations, not repugnant to the constitution and laws of this state, as may be proper and necessary to carry into effect the powers granted to such municipality or as the general welfare of the municipality may require, and to repeal, alter, or amend the same. The governing body of a municipality may adopt by ordinance the conditions, provisions, and terms of a building code, a fire prevention code, a plumbing code, an electrical code, a sanitary code, vehicle traffic code, or any other standard code which contains rules and regulations printed as a code in book or pamphlet form by reference to such code or portions thereof alone without setting forth in said ordinance the conditions, provisions, limitations, and terms of such code. When all or part of any such code has been incorporated by reference into any ordinance, it has the same force and effect as though it had been spread at large in such ordinance without further or additional posting or publication. A copy of such standard code or portion thereof shall be filed for use and examination by the public in the office of the city auditor of such municipality prior to adoption. The adoption of any such standard code by reference shall be construed to incorporate such amendments thereto as may be made therein from time to time, and such copy of such standard code so filed shall at all times be kept current in the office of the city auditor of such municipality. The adoption of any such code or codes heretofore by any municipality is hereby validated. Fines, penalties, and forfeitures for the violation thereof may be provided within the limits specified in this chapter notwithstanding that such offense may be punishable also as a public offense under the laws of this state.
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24. Licenses. To fix the amount, terms, and manner of issuing and revoking licenses.
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42. Cruelty to animals. To prohibit and punish cruelty to animals.
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44. Nuisances. To declare what shall constitute a nuisance and to prevent, abate, and remove the same.
45. Health regulations. To make regulations necessary or expedient for the promotion of health or for the suppression of disease.
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47. Animals and poultry. To regulate or prohibit the running at large of animals and poultry, provide for the establishment and maintenance of public pounds for the impounding of any animals or poultry running at large or tethered in any street in violation of municipal ordinances, establish procedures for the impounding and discharging of animals and poultry impounded, make the expenses and fines imposed a lien upon such stock or poultry, and provide for the sale of the stock or poultry to satisfy such lien.
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Credits
S.L. 1887, ch. 73, art. 4, § 1; S.L. 1887, ch. 105, § 1; S.L. 1887, ch. 106, § 1; S.L. 1890, ch. 100, §§ 1, 2; S.L. 1897, ch. 102, § 1; S.L. 1897, ch. 148, § 1; S.L. 1899, ch. 40, § 1; S.L. 1899, ch. 172, § 1; S.L. 1905, ch. 62, § 47; S.L. 1905, ch. 95, § 16; S.L. 1905, ch. 186, § 1; S.L. 1907, ch. 45, § 48; S.L. 1907, ch. 90, § 17; S.L. 1907, ch. 268, § 1; S.L. 1909, ch. 92, § 26; S.L. 1911, ch. 5; S.L. 1911, ch. 73, § 1; S.L. 1911, ch. 77, § 48; S.L. 1913, ch. 75, § 1; S.L. 1913, ch. 83, § 1; S.L. 1913, ch. 291, § 1; S.L. 1917, ch. 75, § 1; S.L. 1921, ch. 34; S.L. 1923, ch. 222, § 20; S.L. 1923, ch. 326; S.L. 1925, ch. 104; S.L. 1927, ch. 270, § 1; S.L. 1929, ch. 86, § 1; S.L. 1931, ch. 92, §§ 1, 2; S.L. 1931, ch. 191, §§ 1, 2; S.L. 1931, ch. 202, § 1; S.L. 1933, ch. 175, §§ 1, 3; S.L. 1933, ch. 247; S.L. 1935, ch. 283, § 1; S.L. 1939, ch. 9, § 1; S.L. 1941, ch. 187, § 8; S.L. 1947, ch. 281, § 1; S.L. 1947, ch. 284, § 1; S.L. 1949, ch. 257, § 1; S.L. 1949, ch. 258, § 1; S.L. 1949, ch. 259, § 1; S.L. 1955, ch. 254, § 2; S.L. 1955, ch. 259, § 6; S.L. 1959, ch. 285, § 4; S.L. 1959, ch. 302, § 1; S.L. 1959, ch. 303, § 1; S.L. 1963, ch. 286, § 1; S.L. 1963, ch. 287, § 1; S.L. 1967, ch. 323, § 116; S.L. 1969, ch. 367, § 1; S.L. 1971, ch. 387, § 1; S.L. 1971, ch. 594, § 2; S.L. 1975, ch. 119, § 13; S.L. 1979, ch. 444, § 1; S.L. 1981, ch. 131, § 10; S.L. 1981, ch. 407, § 1; S.L. 1985, ch. 453, § 2; S.L. 1985, ch. 454, § 1; S.L. 1987, ch. 489, § 1; S.L. 1989, ch. 488, § 2; S.L. 1993, ch. 54, § 106; S.L. 1993, ch. 402, § 1; S.L. 1999, ch. 211, § 16; S.L. 1999, ch. 503, § 9; S.L. 2003, ch. 340, § 1; S.L. 2003, ch. 341, § 1; S.L. 2003, ch. 342, § 3; S.L. 2007, ch. 293, § 17, eff. April 5, 2007; S.L. 2015, ch. 88, § 17, eff. Jan. 1, 2016; S.L. 2015, ch. 89, § 2, eff. Aug. 1, 2015; S.L. 2023, ch. 110 (S.B. 2370), § 3, eff. Aug. 1, 2023.
40-05-02 Additional powers of city council and board of city commissioners. (Edited. For dog related powers, see Sec. 22).
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Credits
S.L. 1887, ch. 73, art. 4, § 1; S.L. 1887, ch. 106, § 1; S.L. 1890, ch. 100, §§ 1, 2; S.L. 1897, ch. 102, § 1; S.L. 1897, ch. 148, § 1; S.L. 1899, ch. 40, § 1; S.L. 1905, ch. 62, § 47; S.L. 1905, ch. 186, § 1; S.L. 1907, ch. 45, § 48; S.L. 1907, ch. 268, § 1; S.L. 1911, ch. 77, § 48; S.L. 1911, ch. 79, § 1; S.L. 1913, ch. 81, § 1; S.L. 1913, ch. 291, § 1; S.L. 1933, ch. 175, § 1; S.L. 1945, ch. 252, §§ 1, 2; S.L. 1959, ch. 285, § 5; S.L. 1967, ch. 324, § 1; S.L. 1969, ch. 368, § 1; S.L. 1971, ch. 388, § 1; S.L. 1975, ch. 106, § 453; S.L. 1975, ch. 339, §§ 20, 21; S.L. 1981, ch. 408, § 1; S.L. 1983, ch. 455, § 1; S.L. 1987, ch. 73, § 25; S.L. 1987, ch. 490, § 1; S.L. 2001, ch. 258, § 7; S.L. 2007, ch. 293, § 18, eff. April 5, 2007; S.L. 2009, ch. 347, § 1, eff. Aug. 1, 2009; S.L. 2015, ch. 278, § 1, eff. Aug. 1, 2015; S.L. 2017, ch. 164 (H.B. 1269), § 12, eff. Aug. 1, 2017; S.L. 2019, ch. 187 (H.B. 1183), § 8, eff. Aug. 1, 2019.
TITLE 40. MUNICIPAL GOVERNMENT. CHAPTER 40-05. POWERS OF MUNICIPALITIES.
40-05-19. City funding for animal shelters--Sterilization of animals
The governing body of the city may provide funding from revenues derived from its general fund levy authority for the construction, operation, or maintenance of animal shelters. Voter-approved levy authority authorized by electors of a city under this section before January 1, 2015, remains in effect through taxable year 2024 or for the time period authorized by the electors, whichever expires first.
The levy authorized by this section may be used to defray expenses of any organization or agency incorporated under the laws of this state as a nonprofit corporation that has contracted with the governing body of the city in regard to the manner in which the funds will be expended and the services will be provided. No unclaimed dog or cat may be released for adoption by an animal shelter that receives funds from the levy under this section without being first sterilized, or without a written agreement and deposit from the adopter guaranteeing that the animal will be sterilized.
Credits
S.L. 1985, ch. 616, §§ 2, 3; S.L. 2015, ch. 439, § 37, eff. Jan. 1, 2015.
TITLE 42. NUISANCES. CHAPTER 42-03. DOGS AS PUBLIC NUISANCE.
42-03-01 When dogs are a public nuisance.
Any dog that habitually molests a person traveling peaceably on the public road or street is a public nuisance. Upon written complaint to a district or municipal judge describing the dog, giving the name of the dog and the dog's owner if known, and, if not, so stating, and alleging that the dog is a public nuisance, the district or municipal judge shall give notice to the dog's owner that a complaint has been filed that the dog has been molesting certain persons and that the owner shall take the necessary action to prevent the dog from any further violations of this chapter. If the district or municipal judge receives a further complaint regarding the dog after notice has been given under this section, the judge shall issue a summons, if the owner is known, commanding the owner to appear before the judge in the same manner as other court summonses.
Source: S.L. 1959, ch. 314, § 1; 1981, ch. 320, § 101; 1997, ch. 51, § 32.
42-03-02 Owner of dog not known.
If it appears from the complaint that the owner is not known, ten days' notice shall be given by publication in one issue of a newspaper having wide circulation in the area. Such notice shall contain a description of the dog as given in the complaint, a statement that such complaint has been made, and the time and place of hearing thereon.
Source: S.L. 1959, ch. 314, § 2.
42-03-03 Hearing -- Judgment -- Execution.
On the day of hearing the district or municipal judge shall hear the evidence in the case. If the judge finds that the dog is a public nuisance, judgment must be entered accordingly, and the judge shall order any peace officer to kill and bury the dog, which order the peace officer shall forthwith execute.
Source: S.L. 1959, ch. 314, § 3; 1981, ch. 320, § 102; 1997, ch. 51, § 33.
Costs shall be paid by the complainant, but if the dog is adjudged a nuisance, and the owner is known, judgment shall be entered against the owner for such costs.
Source: S.L. 1959, ch. 314, § 4.
TITLE 43. OCCUPATIONS AND PROFESSIONS. CHAPTER 43-29. VETERINARIANS.
43-29-16.1 Abandonment of animals by owner.
1. Any animal placed in the custody of a licensed doctor of veterinary medicine for treatment, boarding, or other care, which is abandoned by its owner or its owner's agent for a period of more than ten days after a written notice, by registered or certified letter, return receipt requested, is given to the owner or its owner's agent at the last-known address, may be turned over to the custody of the nearest humane society or dog pound in the area or disposed of as such custodian may deem proper.
2. The giving of notice to the owner, or the agent of the owner, of such animal by the doctor of veterinary medicine, as provided in subsection 1, shall relieve the doctor of veterinary medicine and any custodian to whom such animal may be given of any further liability for disposal; it is further provided that such procedure by the licensed doctor of veterinary medicine does not constitute grounds for disciplinary procedure under this chapter.
3. For the purpose of this section, the term "abandoned" means to forsake entirely or to neglect or refuse to provide or perform the care and support of an animal by its owner or its owner's agent; such abandonment constitutes the relinquishment of all rights and claim by the owner of such animal.
Source: S.L. 1973, ch. 359, § 14; 1991, ch. 472, § 12.
§ 12.1-17-09. Killing or injury of law enforcement support animal--Definition--Penalty
1. A person is guilty of a class C felony and is subject to a civil penalty of up to ten thousand dollars if that person willfully and unjustifiably kills, shoots, tortures, torments, beats, kicks, strikes, mutilates, disables, or otherwise injures a law enforcement support animal.
2. A person is guilty of a class A misdemeanor and is subject to a civil penalty of up to five thousand dollars if that person willfully:
a. Harasses, taunts, or provokes a law enforcement support animal;
b. Interferes with a law enforcement support animal while the animal is working; or
c. Interferes with the individual handling the animal.
3. For purposes of this section, “ law enforcement support animal” means any animal used by or on behalf of a law enforcement officer in the performance of the officer's functions and duties, including crowd control, corrections, arson investigation, or search and rescue, regardless of whether the animal is on or off duty.
4. This section does not apply to a law enforcement officer or a veterinarian who terminates the life of a law enforcement support animal to relieve the animal of undue suffering and pain.
Credits
S.L. 1995, ch. 127, § 1; S.L. 2009, ch. 130, § 1, eff. Aug. 1, 2009.