HB 1364 Summary

• Expands the definition of public nuisance animals to include any animal that enters another's property without permission and habitually molests people or property, with a presumption that unknown owners entered without permission.

• Changes judicial authority from mandatory ("shall") to discretionary ("may") in ordering peace officers to kill animals, instead allowing officers to capture, remove, relocate animals or require humane euthanasia and disposal.

• Broadens scope from dogs specifically to all animals, excluding livestock as defined under section 36-11-01.1, while defining "molest" as annoying, disturbing, or harassing with injurious effect.

• Clarifies notice and hearing procedures by requiring publication notice when animal owner is unknown and updating language regarding hearing time and place notifications.

• Maintains cost allocation where complainants initially pay costs, but if an animal is adjudged a nuisance and the owner is known, judgment enters against the owner for those costs.