MISSISSIPPI LEGISLATURE

1997 Regular Session

To: Judiciary B

By: Representative Holden

AN ACT TO AMEND SECTION 19-5-50, MISSISSIPPI CODE OF 1972, TO AUTHORIZE A COUNTY TO CONTRACT WITH A PRIVATE ANIMAL WELFARE ORGANIZATION FOR THE ERECTION OF ANIMAL SHELTERS, AUTHORIZE THE ESTABLISHMENT OF COUNTY ANIMAL SHELTERS, SET PENALTIES FOR VIOLATIONS OF THE PROVISIONS OF THE SECTION AND AUTHORIZE THE EUTHANIZATION OF CERTAIN ANIMALS FOUND RUNNING AT LARGE; TO AMEND SECTION 21-19-9, MISSISSIPPI CODE OF 1972, TO AUTHORIZE A MUNICIPALITY TO CONTRACT WITH A PRIVATE ANIMAL WELFARE ORGANIZATION FOR THE ERECTION OF ANIMAL SHELTERS AND TO SET REASONABLE HOLDING PERIODS FOR ANIMALS FOUND RUNNING AT LARGE; TO AMEND SECTION 41-53-11, MISSISSIPPI CODE OF 1972, TO AUTHORIZE COUNTIES AND MUNICIPALITIES TO SET REASONABLE HOLDING PERIODS FOR ANIMALS FOUND RUNNING AT LARGE; TO AMEND SECTION 41-53-13, MISSISSIPPI CODE OF 1972, TO INCREASE FINE AMOUNTS FOR VIOLATIONS OF CHAPTER 53, TITLE 41, MISSISSIPPI CODE OF 1972; TO CODIFY NEW CODE SECTION 41-53-15, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT ANY PERSON WHO FINDS A STRAY DOMESTIC ANIMAL MUST MAKE A REASONABLE EFFORT TO LOCATE THE OWNER; TO CODIFY NEW CODE SECTION 97-41-2, MISSISSIPPI CODE OF 1972, TO PROVIDE CERTAIN DEFINITIONS; TO AMEND SECTION 97-41-3, MISSISSIPPI CODE OF 1972, TO PROVIDE PROCEDURES FOR THE EUTHANIZATION OF STRAY ANIMALS; TO AMEND SECTION 97-41-11, MISSISSIPPI CODE OF 1972, TO PROHIBIT THE FIGHTING OF CERTAIN ANIMALS FOR SPORT; TO AMEND SECTION 97-41-16, MISSISSIPPI CODE OF 1972, TO AUTHORIZE ALL COURTS IN THE STATE TO ORDER THE SEIZURE OF ANY ANIMAL BEING TREATED CRUELLY, NEGLECTED OR ABANDONED; TO CODIFY NEW CODE SECTION 97-41-21, MISSISSIPPI CODE OF 1972, TO PROVIDE PENALTIES FOR PERSONS WHO ABUSE OR INJURE ANIMALS; TO CODIFY NEW CODE SECTION 97-41-23, MISSISSIPPI CODE OF 1972, TO AUTHORIZE ANY LAW ENFORCEMENT OFFICER, ANIMAL CONTROL OFFICER ANIMAL PROTECTION ORGANIZATION AGENT OR VETERINARIAN TO RENDER CARE TO ANY ANIMAL IN IMMINENT BODILY DANGER BECAUSE OF NEGLECT; TO REPEAL SECTION 97-41-1, WHICH PROHIBITS THE CRUEL TREATMENT OF LIVING CREATURES; TO REPEAL SECTION 97-41-5, MISSISSIPPI CODE OF 1972, WHICH PROHIBITS THE CARRYING OF ANY CREATURE IN A CRUEL OR INHUMAN MANNER; TO REPEAL SECTION 97-41-7, WHICH PROHIBITS THE CONFINING OF CREATURES WITHOUT FOOD OR WATER; TO REPEAL SECTION 97-41-13, MISSISSIPPI CODE OF 1972, WHICH PROVIDES A PENALTY FOR A VIOLATION OF ANY OF SECTIONS 97-41-3 THROUGH 97-41-11 OR SECTION 97-27-7, TO REPEAL SECTION 97-41-17, MISSISSIPPI CODE OF 1972, WHICH PROHIBITS THE ADMINISTERING OF POISON TO ANIMALS; 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 in the state 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 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 may set reasonable holding periods 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 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 cages and buildings, 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. Nothing in this provision shall be construed to allow the sale of animals for research or testing.

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

21-19-9. (1) 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 such as may be running at large to be impounded. The municipality may set reasonable holding periods 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 owners and custodians of animals in order to defray the cost 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. The municipality shall have the power to contract with an animal welfare organization for these services, if it so chooses. Pursuant to Section 19-5-50, the municipality 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.

Pursuant to Section 19-5-50, the municipality 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 paragraph shall be subject to the provisions of 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. Nothing in this provision shall be construed to allow the sale of animals for research or testing.

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

41-53-11.  * * * 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 above the age of three (3) months found running at large on whose neck there is no * * * collar and tag identifying the 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 a 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, placed with a new owner, or may be euthanized. For this 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 the provisions of 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. Nothing in this provision shall be construed to allow the sale of animals for research or testing.

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. The following language shall be codified as Section 41-53-15, Mississippi Code of 1972:

41-53-15. Any person who finds a stray domestic animal or exotic pet must make a "reasonable effort" to locate the owner or relinquish custody to the local animal control authority or humane society. "Reasonable effort" means attempting to locate the owner through an identification tag, tattoo or newspaper advertisement. In addition, a person shall contact the local animal control authority or humane society within two (2) business days after finding a stray animal and contact any other kind of local media. If the person finding said animal does not want to assume ownership of said animal they shall turn said animal over to the local animal control authority or humane society for disposal as that agency may deem proper. However, if the person who finds said animal wishes to keep the animal and if no owner is located within a thirty-consecutive-day period, then said animal may be retained by the person finding it and the owners shall be considered to have relinquished all rights and claims to said animal. Persons claiming ownership of a found animal must provide the finder with proof of ownership which shall include documentation or prior veterinary records of said animal and/or identifying photographs. If a person claiming ownership cannot provide proof of ownership, the finder shall report the incident to the local law enforcement, animal control authority or humane society for determination of ownership. Municipal or county animal control authorities or humane societies are exempt from the provisions of this paragraph but must comply with local ordinances.

SECTION 6. The following language shall be codified as Section 97-41-2, Mississippi Code of 1972:

97-41-2. (1) "Abandon" or "abandonment" means that an owner or custodian has moved leaving an animal behind without making adequate provisions for its care, has carried an animal away from his or her property with the intent to leave the animal behind, has forced the animal to leave, or has otherwise neglected or refused to provide an animal with sustenance and humane care.

(2) "Animal" shall include every living creature.

(3) "Animal shelter" means a building for housing animals that are neglected, abandoned, feral, unwanted, stray, abused, or are the subject of an animal abuse complaint that has not yet been resolved, run by a county, municipality or a private animal protection organization.

(4) "Euthanize" or "euthanasia" means the humane killing of an animal by a veterinarian, a county or municipal employee, a law enforcement officer or an agent for an animal protection organization who has been trained to perform euthanasia, through one of the methods recognized by the American Veterinary Medical Association as humane.

(5) "Owner," "Person" and "custodian" shall be held to include corporations, and the knowledge and acts of agents and employees of corporations in regard to animals transported, owned, employed by or in the custody of a corporation, shall be held to be the knowledge and act of such corporation.

(6) "Sanitary conditions" means adequate space free from health hazards including excessive animal excreta, overcrowding of animals, or other conditions that endanger an animal's well-being.

(7) "Shelter" means adequate protection from the elements suitable for the age and species of the animal and sufficient to maintain the animal in good health.

(8) "Sustenance" or "adequate care" means the provision of sufficient appropriate food, water, shelter, sanitary conditions, and veterinary medical attention to maintain an animal or animals in good health.

(9) "Torture," "torment," and "cruelty" shall be held to include every act, omission, or neglect whereby unnecessary or unjustifiable pain or suffering is caused, except when done in the interest of medical science, permitted, or allowed to continue when there is reasonable remedy or relief.

SECTION 7. Section 97-41-3, Mississippi Code of 1972, is amended as follows:

97-41-3. (1) Any veterinarian, or properly trained law enforcement officer, county or municipal employee, agent of an animal protection organization may euthanize any animal found stray, neglected, abandoned, or injured, without regard to any minimum holding period if the animal is:

(a) Injured or diseased beyond reasonable recovery;

(b) Frail with age;

(c) Suffering from a contagious disease that is a threat to humans or other animals; or

(d) Otherwise posing a great threat to humans or animals.

(2) Any veterinarian, law enforcement officer or agent of an animal protection organization or animal shelter may euthanize any animal released into its custody by the animals owner or custodian or by an agent of the owner or custodian, without holding the animal for any minimum period of time. A stray or abandoned animal that is obtained by a veterinarian, law enforcement officer or agent of an animal protection organization or animal shelter that does not meet the criteria of subsection (1), may be euthanized when it has exceeded the holding period set by the authority for the jurisdiction the animal was found in. If the municipality or county governing the jurisdiction has failed to set a reasonable holding period for such animals, the animal shall be held for a minimum of five (5) business days before being euthanized.

SECTION 8. Section 97-41-11, Mississippi Code of 1972, is amended as follows:

97-41-11. (1) Any person who keeps or uses, or in any way is directly associated with, or receives money for the admission of any person to any place kept or used for the purpose of fighting any bear, cock, or other creature, except a dog, or of tormenting or torturing the same, and every person who shall encourage, aid, assist therein, or who permits any place to be so kept or used shall be guilty of a misdemeanor.

(2) It shall be the duty of any sheriff or police department of the county or municipality wherein such facility is located, to enter into any such place kept for such purpose, and to arrest each and every person associated with the facility and any of the illegal actions occurring therein. At the time of arrest all paraphernalia, and any animals kept or used for fighting, shall be seized by law enforcement officials. Animals seized under this section may be placed in the temporary custody of an animal shelter, animal protection organization, veterinarian or other person not related to or associated with animal fighting. Injured animals may be euthanized.

(3) Upon admission of guilt, a plea of no contest, or conviction, all animals and paraphernalia confiscated by law enforcement officials shall be forfeited and become property of the law enforcement agency or its designee. Any person found guilty of violating this statute shall be punished by up to one (1) year in jail, a fine of not more than One Thousand Dollars ($1,000.00), or both, and may be prohibited from owning or possessing any animals for a period of time specified by the court.

SECTION 9. Section 97-41-16, Mississippi Code of 1972, is amended as follows:

97-41-16. (1) All courts in the State of Mississippi may order the seizure of an animal, including livestock, by a law enforcement agency, for its care and protection upon a finding of probable cause to believe said animal is being cruelly treated, neglected or abandoned. Such probable cause shall be established upon sworn testimony of any person who has witnessed the condition of said animal. The court may appoint an animal control agency, agent of an animal protection organization, veterinarian or other person as temporary custodian for the said animal, pending final disposition of the animal pursuant to this section. Upon seizure of an animal, the law enforcement agency responsible for removal of the animal shall post prominently a notice to the owner or custodian to inform such person that the animal has been seized. The court may order the animal euthanized if it finds at any time the animal is severely injured, diseased, or suffering.

(2) Within ten (10) days of seizure of an animal, the owner of the animal may request a hearing in the county court of the county wherein the animal was seized to determine whether the owner is able to provide adequately for the animal and is fit to have custody of the animal. The court shall hold such hearing within thirty (30) days of receiving such request. The hearing shall be concluded and the court order entered thereon within sixty (60) days after the hearing is commenced. Upon requesting a hearing, the owner shall have three (3) business days to post a bond or security with the court clerk in an amount determined by the court to be sufficient to repay all reasonable costs sufficient to provide for the animal's care for a minimum of thirty (30) days. Failure to post such bond within three (3) days shall result in forfeiture of the animal to the court. If the temporary custodian has custody of the animal upon the expiration of the bond or security, the animal shall be forfeited to the court unless the court orders otherwise.

(3) In determining the owner's fitness to have custody of an animal, the court may consider, among other matters:

(a) Testimony from law enforcement officers, animal control officers, animal protection officials, and other witnesses as to the condition the animal was kept in by its owner or custodian.

(b) Testimony and evidence as to the type and amount of care provided to the animal by its owner or custodian.

(c) Expert testimony as to the proper and reasonable care of the same type of animal.

(d) Testimony from any witnesses as to prior treatment or condition of this or other animals in the same custody.

(e) Violations of laws relating to animal cruelty that the owner or custodian has been convicted of prior to the hearing.

(f) Any other evidence the court considers to be material or relevant.

(4) If the evidence indicates a lack of proper and reasonable care of the animal, the burden is on the owner to demonstrate by clear and convincing evidence that he or she is able and fit to have custody and provide adequately for the animal.

(5) Upon proof of costs incurred as a result of the animal's seizure, including but not limited to animal medical and boarding, the court may order that the animal's owner reimburse the person or agency for such costs. A separate hearing may be held.

(6) If the court finds the owner of the animal is unable or unfit to adequately provide for the animal, the court may order the animal be permanently forfeited and released to a law enforcement agency, animal control agency, animal protection organization or euthanized.

(7) The court may order that other animals in the custody of the owner that were not seized be surrendered and further enjoin the owner from having custody of other animals in the future.

(8) If the court determines the owner is able to provide adequately for, and have custody of, the animal, the court shall order the animal be claimed and removed by the owner within seven (7) days after the date of the order.

(9) Nothing in this section shall be construed to prevent or otherwise interfere with a law enforcement officer's authority to seize an animal as evidence or require court action for the taking into custody and making proper disposition of animals as authorized in Sections 21-19-9 and 41-53-11.

SECTION 10. The following language shall be codified as Section 97-41-21, Mississippi Code of 1972:

97-41-21. (1) Any person who abandons, overrides, overdrives, overloads, torments, carelessly injures, deprives of necessary and wholesome sustenance, shelter or medical attention, any animal, or causes the same, is guilty of a misdemeanor, punishable by a fine of not more than One Thousand Dollars ($1,000.00), up to one (1) year in jail, up to five hundred (500) hours of community service, or any combination thereof. If the defendant is not the owner of said animal, the court may order restitution to the animal's owner. In addition, the defendant may be ordered to reimburse animal control or animal protection organizations for the cost of caring for any animal seized from the offender, and may be ordered to surrender any or all animals owned or possessed by the offender to an animal control agency or welfare organization and may be prohibited from owning or possessing animals for a court-ordered period of time. If the court does not order a defendant to pay all of the applicable costs listed in this subsection, or orders only partial payment of these costs, the court shall state on the record the reasons for that action.

(2) Any person who commits an act to any animal that results in the cruel death, or excessive or repeated infliction of unnecessary pain or suffering, administers poison to an animal, or exposes an animal to any poisonous substance, or causes the same to be done, is guilty of a felony of the third degree, punishable by a fine of not more than Five Thousand Dollars ($5,000.00), up to five (5) years in jail, up to one thousand (1,000) hours of community service, or any combination thereof. If the defendant is not the owner of said animal, the court may order restitution to the animal's owner. In addition, the defendant may be ordered to reimburse animal control or animal protection organizations for the cost of caring for any animal seized from the offender, and may be ordered to surrender any or all animals owned or possessed by the offender to an animal control agency or welfare organization and may be prohibited from owning or possessing animals for a court-ordered period of time. If the court does not order a defendant to pay all of the applicable costs listed in this subsection, or orders only partial payment of these costs, the court shall state on the record the reasons for that action.

(3) As a part of the sentence for a violation of this statute, the court may order, as a condition of probation, that the defendant be evaluated to determine the need for psychiatric or psychological counseling, and if determined appropriate by the court, to receive psychiatric or psychological counseling.

(4) As a part of the sentence for a violation of this statute, the court may order the defendant not to own or possess any animals for any period of time determined by the court, which may include permanent relinquishment.

(5) A person who owns or possesses an animal in violation of an order issued under this statute is subject to revocation of probation if the order is issued as a condition of probation. A person who owns or possesses an animal in violation of an order issued under this statute is also subject to the civil and criminal contempt power of the court, and, if found guilty of criminal contempt, may be punished by imprisonment for not more than ninety (90) days, or by a fine of not more than Five Hundred Dollars ($500.00), or both, and may be ordered to serve the time and/or pay the fine suspended in the original court order, if any.

(6) Immediately upon conviction, or admission, of a violation of this statute, the defendant shall be ordered to permanently surrender the animals involved to an animal control or animal protection organization.

(7) Nothing in this statute shall be construed to prohibit the lawful killing of livestock, any customary animal husbandry or farming practice involving livestock, the lawful killing and use of an animal pursuant to fish and wildlife regulations, pest control, or scientific research that is being conducted in compliance with federal regulations.

SECTION 11. The following language shall be codified as Section 97-41-23, Mississippi Code of 1972:

97-41-23. Any law enforcement officer, animal control officer, animal protection organization agent, or veterinarian may render care to, aid, water, feed, or shelter any animal in imminent bodily danger because of neglect, illness, injury, or perilous conditions. A person providing care pursuant to this section shall be held harmless from either criminal or civil liability for any decision made or services rendered relating to the aid of an animal. If an animal, which because of its condition, must be removed from the location where it was found in order to provide aid, it shall be seized without a court order and held subject to provisions of Section 97-41-16 or euthanized in accordance with Section 97-41-3.

SECTION 12. Section 97-41-1, Mississippi Code of 1972, which prohibits the cruel treatment of living creatures, is repealed.

SECTION 13. Section 97-41-5, Mississippi Code of 1972, which prohibits the carrying of any creature in a cruel or inhuman manner, is repealed.

SECTION 14. Section 97-41-7, Mississippi Code of 1972, which prohibits the confining of creatures without food or water, is repealed.

SECTION 15. Section 97-41-13, Mississippi Code of 1972, which provides a penalty for a violation of Sections 97-41-3 through 97-41-11 or Section 97-27-7, is repealed.

SECTION 16. Section 97-41-17, Mississippi Code of 1972, which prohibits the administering of poison to animals, is repealed.

SECTION 17. This act shall take effect and be in force from and after July 1, 1997.