While not a pleasant thing to think (or read) about, there may come a time when your city has to dispose of an animal in its custody. Cities generally do have the authority to dispose of animals in their custody as long as they follow the process spelled out by law, rule, or ordinance adopted pursuant to a law. See Minn. Stat. § 35.71; 7 U.S.C. § 2158.
There is no one-size-fits-all process for disposal of animals. The holding period and process depends on the circumstances. The minimum holding requirement is generally 5 days or more, but notice and hearing requirements could potentially extend the holding period. There are several sections in state law that govern disposal of animals. While some statutes are very detailed, this entry will only focus on the basics and point you in the right direction. The League’s memo “Animal Regulation in Cities,” which will be coming out this month, covers each situation in more detail.
Because there are several sections of law that cover disposition of animals, it is a good idea to periodically review any ordinances the city has relating to the disposition of animals to ensure they comply with the current state laws. It is also important to make sure that city practices are in-line with state law and city ordinances. Improper disposition of an animal can result in liability for the city. (See e.g. Soucek v. Banham, 524 N.W.2d 478 (Minn. Ct. Ap. 1994); Molenaar v. United Cattle Co., 553 N.W.2d 424 (Minn. Ct. Ap. 1996).)
The statutory process for disposing of unclaimed animals is the most general and covers many situations for which there is not a more specific law. (See Minn. Stat. § 35.71) Unclaimed animals must be held for at least five regular business days so they may be claimed by their owner. The city can, by ordinance, require a longer holding period. While the law does not provide notice and hearing requirements, it would be prudent for the city to notify owners or others with an interest in the animal that the animal has been seized and is being held. There should also be some process for the owner to reclaim the animal. Certain institutions are authorized to take unclaimed animals at the end of the holding period.
If no one claims the animal during the holding period and all of the statutory and due process requirements have been met, the city may dispose of the animal. State law does not dictate how animals should be destroyed, but it does prohibit the use of a decompression chamber and unjustifiably administering poison or noxious drugs or substances. (See Minn. Stat. § 343.37 and Minn. Stat. § 343.27)
There are many organizations that make recommendations or have guidelines on euthanizing animals. While these are not binding on cities (and, indeed, are not written for cities), they may provide helpful information for cities in making decisions on how animals will be destroyed. Two examples are “Statement on Euthanasia Methods for Animals in Shelters,” Humane Society of the United States (March 31, 2009); “AVMA Guidelines on Euthanasia,” American Veterinary Medical Association (June 2007).
As mentioned above, there are laws that are specific to animals taken into custody under certain circumstances. Here are a few other situations where statutes or rules discuss disposition of animals:
• Dangerous dogs. While there are many timelines that must be followed when dealing with a dangerous dog, the general rule is that a dangerous dog that has been confiscated must be held for 7 days to allow the owner to reclaim the dog and meet other requirements. If the dog is not reclaimed within seven days, it may be disposed of in the same manner as unclaimed animals. There are also detailed notice and procedural requirements provided for by law. Keep in mind that there are many nuances and requirements that must be met when dealing with dangerous dogs so the seven day holding period may vary. (See Minn. Stat. §§ 347.50-.565)
• Animal cruelty. An animal that is taken into custody under certain animal cruelty provisions must be held for 10 days. The law outlines notice, hearing, and procedural requirements that must be followed. If after all of the procedures outlined in the law are followed, the city may dispose of the animal. (Minn. Stat. § 343.235.)
• Abandoned animals. If the city is in possession of an animal and turns it over to a vet, boarding facility, or commercial facility, and the owner does not claim the animal from that facility within 10 days, the law provides a process for the facility to dispose of the animal. (Minn. Stat. § 346.37)
• Rabies. There are many provisions for disposing of an animal that has been exposed to rabies, has rabies, or has bitten a person. (Minnesota Rules 1705.1090-.1210)
• Emergencies. There are some situations where an animal may be killed immediately. These situations are relatively rare and killing animals immediately should generally be avoided. The city attorney can talk with animal control officers to help them understand the situations where an animal be immediately killed. (See e.g. Minn. Stats. § 347.17 and § 347.03)
Conclusion:
State law and rules provide several different procedures for disposing of animals in city custody. It is a good idea to make sure that the city ordinances and practices comply with all of the different provisions to ensure that the city is lawfully disposing of animals.
About Guest Author Alexis Stangl:
Alexis is a research staff attorney at the League and one of her areas of interest is in animal control and regulation issues. If you have questions, please contact Alexis at 651-281-1227 or astangl@lmc.org. Also, keep a lookout for the League’s new animal regulation memo that will be introduced this winter!
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