MISSISSIPPI LEGISLATURE

1998 Regular Session

To: County Affairs; Municipalities

By: Senator(s) Tollison

AN ACT TO AMEND SECTION 19-5-50, MISSISSIPPI CODE OF 1972, TO AUTHORIZE ALL COUNTIES TO ADOPT ORDINANCES CONTROLLING THE RUNNING OF ANIMALS AT LARGE, TO AUTHORIZE ALL COUNTIES TO PROVIDE FOR THE IMPOUNDMENT OF ANY DOG OR CAT OVER THREE MONTHS THAT HAS NOT BEEN VACCINATED, TO AUTHORIZE COUNTIES TO ESTABLISH COUNTY POUNDS AND ENTER INTO CERTAIN CONTRACTS; TO AMEND SECTION 21-19-9, MISSISSIPPI CODE OF 1972, TO AUTHORIZE MUNICIPAL GOVERNING AUTHORITIES IN LIKE MANNER; TO AMEND SECTIONS 41-53-11 AND 43-53-13, MISSISSIPPI CODE OF 1972, TO REVISE THE STATUTORY REQUIREMENTS FOR LAW ENFORCEMENT OFFICERS TO IMPOUND DOGS OR CATS RUNNING AT LARGE AND TO INCREASE THE CRIMINAL PENALTIES FOR PERSONS FAILING TO COMPLY WITH THESE ANIMAL CONTROL PROVISIONS; AND FOR RELATED PURPOSES. 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. Section 19-5-50, Mississippi Code of 1972, is amended as follows:

19-5-50. (1) The governing authorities of any county of the State of Mississippi shall have the power to prevent or regulate the running at large of animals of all kinds, and to cause such as may be running at large to be impounded. The county may set penalties for such violations and charge the owners of impounded animals an additional fee for the cost of impounding and keeping such animals. The county shall hold such animals for a minimum of five (5) days, after which, if the animal is not claimed and all penalties and costs paid, such animal may be sold to an individual, adopted out, or placed with a new owner, or may be euthanized. For the purposes of this section, the term "euthanized" shall be construed to refer to those procedures recognized as humane by the American Veterinary Medical Association. The county may tax the owners and custodians of animals in order to defray the costs of impounding and holding animals found running at large. The county may provide for the erection of all needful buildings and cages, may appoint and confirm keepers thereof, and may establish and enforce rules governing the same. The county shall have the power to contract with a private animal welfare organization for these services, if it so chooses. Pursuant to Section 21-19-9, the county may enter into pacts, agreements or contracts with other counties or municipalities to provide for cooperation in the use or erection of all pens, pounds and buildings to prevent or regulate the running at large of animals of all kinds. Any animal impounded under this provision shall be subject to Section 97-41-3.

(2) Pursuant to Section 41-53-1, all counties shall provide for the impoundment of any dog or cat over the age of three (3) months that has not been vaccinated against rabies, or that is found running at large without proper identification showing that the dog or cat has been vaccinated against rabies. The county shall establish a holding period of no less than five (5) days, after which, if the animal is not claimed and all penalties and costs paid, and the animal appropriately vaccinated against rabies, such an animal may be sold to an individual, adopted out or placed with a new owner, or may be euthanized. For the purposes of this section, the term "euthanized" shall be construed to refer to those procedures recognized as humane by the American Veterinary Medical Association. Any animal impounded under this provision shall be subject to Section 97-41-3.

(3) The county shall require all cats and dogs sold, adopted or otherwise placed with a new owner pursuant to this provision to be sterilized before the animal is six (6) months of age, or in the case of an adult, at the time of the sale, adoption or placement.

SECTION 2. Section 21-19-9, Mississippi Code of 1972, is amended as follows:

21-19-9. The governing authorities of municipalities shall have the power to prevent or regulate the running at large of animals of all kinds and to cause animals found running at large to be impounded. The municipality may set a holding period of not less than five (5) days for such animals, after which, if the animal is not claimed and all penalties and costs paid, such animal may be sold to an individual, adopted out, or placed with a new owner, or may be euthanized. For the purposes of this section, the term "euthanized" shall be construed to refer to those procedures recognized as humane by the American Veterinary Medical Association. The municipality may tax the owners and custodians of animals in order to defray the costs of impounding and holding animals found running at large. The municipality may provide for the erection of all cages and buildings, may appoint and confirm keepers thereof, and may establish and enforce rules governing the same. Municipalities shall have the power to contract with an animal welfare organization for these services, if it so chooses. Pursuant to Section 19-5-50, municipalities may enter into pacts, agreements or contracts with other counties or municipalities to provide for cooperation in the use or erection of all pens, pounds and buildings to prevent or regulate the running at large of animals of all kinds. Any animal impounded under this provision shall be subject to Section 97-41-3.

(2) Pursuant to Section 41-53-1, all municipalities shall provide for the impoundment of any dog or cat over the age of three (3) months that has not been vaccinated against rabies, or that is found running at large without proper identification showing that the dog or cat has been vaccinated against rabies. The municipality shall establish a holding period of no less than five (5) days, after which, if the animal is not claimed and all penalties and costs paid, and the animal appropriately vaccinated against rabies, such animal may be sold to an individual, adopted out or otherwise placed with a new owner, or may be euthanized. For the purposes of this section, the term "euthanized" shall be construed to refer to those procedures recognized as humane by the American Veterinary Medical Association. Any animal impounded under this provision shall be subject to Section 97-41-3.

(3) The municipality shall require all cats and dogs sold, adopted or placed pursuant to this provision to be sterilized before the animal is six (6) months of age, or in the case of an adult, at the time of the sale, adoption or placement.

SECTION 3. Section 41-53-11, Mississippi Code of 1972, is amended as follows:

41-53-11. (1) It shall be lawful and it shall be the duty of any sheriff, conservation officer or peace officer of a county or municipality to impound any dog or cat over the age of three (3) months found running at large on whose neck there is no collar and tag identifying that animal as having been vaccinated against rabies. Counties and municipalities may set reasonable holding periods for said animals, and may charge reasonable fees to defray the costs of impounding and holding said animals. If, after holding period of no less than five (5) days, the owner of the animal has not claimed the animal, paid the required fees, and vaccinated the animal, the animal may be sold to an individual, adopted out or placed with a new owner, or may be euthanized. For the purposes of this section, the term "euthanized" shall be construed to refer to those procedures recognized as humane by the American Veterinary Medical Association. Any animal impounded under this provision shall be subject to Section 97-41-3. The county or municipality shall require all animals sold, adopted or otherwise placed pursuant to this provision to be sterilized before the animal is six (6) months of age, or in the case of an adult, at the time of the sale, adoption or placement.

SECTION 4. Section 41-53-13, Mississippi Code of 1972, is amended as follows:

41-53-13. The failure or refusal of any person to comply with any of the provisions of this chapter shall constitute a misdemeanor, and the offender shall, on conviction thereof, be fined for the first offense in a sum not to exceed Twenty-five Dollars ($25.00) and for the second offense in a sum not to exceed Fifty Dollars ($50.00) and for the third offense a sum not to exceed One Hundred Dollars ($100.00), together with all costs. Such fines shall be in addition to any impoundment fees, costs or penalties established by the county or municipality. It shall be the duty of the sheriffs, conservation officers and all peace officers of the counties and municipalities of Mississippi to enforce this chapter. It shall be the duty of the county attorneys and district attorneys of this state to prosecute all violators of this chapter.

SECTION 5. This act shall take effect and be in force from and after July 1, 1998.