House Bill 797

(COMMITTEE SUBSTITUTE)

AN ACT TO AUTHORIZE THE BOARD OF SUPERVISORS OF UNION COUNTY TO ADOPT ORDINANCES REGULATING THE RUNNING AT LARGE OF DOGS AND OTHER DOMESTIC ANIMALS THAT CREATE A NUISANCE OR POSE A THREAT TO THE HEALTH, SAFETY OR WELFARE OF PERSONS OR OTHER ANIMALS IN THE COUNTY; TO PRESCRIBE CERTAIN PROVISIONS THAT MUST BE INCLUDED AND CERTAIN PROVISIONS THAT MAY BE INCLUDED WITHIN ANY SUCH ORDINANCES; TO PROVIDE THAT NEITHER THE BOARD OF SUPERVISORS OF UNION COUNTY NOR AN AGENT OR EMPLOYEE OF UNION COUNTY SHALL BE LIABLE FOR THE INJURY OR DEATH OF ANY DOG OR ANIMAL IF REASONABLE CARE IS EXERCISED IN CARRYING OUT THE POWERS AUTHORIZED AND DUTIES REQUIRED UNDER THIS ACT; AND FOR RELATED PURPOSES.

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

SECTION 1. (1) The Board of Supervisors of Union County, in its discretion, by ordinance or ordinances duly adopted and entered upon its minutes, may regulate the running at large of dogs and other domestic animals that create a nuisance or pose a threat to the health, safety or welfare of persons or other animals in the county.

(2) If the board of supervisors adopts an ordinance under subsection (1) of this section, the ordinance:

(a) May authorize the county to employ some person or persons or to contract with some person, persons or entity as an agent of the county to capture and impound such animals;

(b) Shall require such animals as are captured and impounded to be provided reasonable, necessary and humane care and treatment;

(c) Shall require that the owners of such animals, if known, be given reasonable notice of the capture and impoundment of such animals;

(d) May authorize the county to charge and collect from the owner or person to whom an animal is released the actual expenses incurred by the county in capturing, impounding and keeping the animal;

(e) May authorize any such animal to be humanely destroyed if after not less than five (5) county work days from the giving of notice under paragraph (c) of this subsection, the animal has not been claimed by the owner or, if not claimed by the owner within such time, has not been released to some other person willing to assume responsibility for its care and custody; and

(f) May contain such other provisions as the board of supervisors deems necessary or desirable to effectuate the purposes of this section.

(3) Neither the Board of Supervisors of Union County, nor an agent or employee of Union County shall be liable for any injury to or death of any dog or animal if reasonable care is exercised in carrying out the powers authorized and duties required under this section.

SECTION 2. This act shall take effect and be in force from and after its passage.