Columbus Lowndes Humane Society

50 Airline Road  •  Columbus, MS 39702  •  (662) 327-3107 phone  •  (662) 798-0063 fax  •  Find Us on Facebook

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What's Happening at CLHS: EVENTS

• June 10, July 8, August 12: 4Paws Mississippi: PUPPY FOAM PARTY

Animal Clinic of Columbus, 3157 Hwy 45 North

1:00 - 3:00pm

Bring in a dirty mutt and leave doggone clean!

Baths, Mani/Pedi, pawlish, & mutt massages 

 

• November 11, November 18, December 2: 4Paws Mississippi: PET PICTURES

Columbus Lowndes Humane Society

1:00 - 3:00pm

Professional photography CD of your pet(s) with Santa

These make great holiday cards and gifts!

 

 

ORDINANCE OF THE BOARD OF SUPERVISORS OF LOWNDES COUNTY, MISSISSIPPI,
PROVIDING FOR THE CONTROL OF DOMESTIC ANIMALS IN LOWNDES COUNTY, MISSISSIPPI.

 

SECTION 1. DEFINITIONS.

A. Domestic animal: Any domestic dog or cat.

B. At large: Any animal is at large when off the premises of the owner and not under the control of a responsible person.

C. Control: Any animal shall be considered under control if it is on the premises of its owner or is secured by a leash or lead of sufficient strength to prevent it from escaping, or is confined in a motor vehicle when away from the premises of the owner.

D. Humane manner: Care of an animal to include, but not be limited to, adequate heat, ventilation and sanitary shelter, and wholesome food and water, consistent with the normal requirements and feeding habits of the animal's size, species and breed.

E. Nuisance: An animal shall be considered a nuisance if it damages, soils, defiles, or defecates on private property other than the owner's, or public walks and recreation areas; causes a disturbance by excessive barking or other noisemaking; molests, or interferes with persons in the public right-of-way.

F. Owner: Any person having a right of property or custody of an animal or who keeps or harbors an animal or knowingly permits an animal to remain on or about any premises occupied by that person over which that person has substantial control.

G. Person: Any individual, corporation, partnership, association, organization or institution commonly recognized by law as a unit.

H. Vicious Animal: Any animal that attacks or bites humans or other domestic animals,

or otherwise jeopardizes the well-being of humans or other domestic animals.

I . Officer: Shall mean the sheriff or deputies, constables, county patrol, humane society or any such designated official.

SECTION II. APPLICATION.

This ordinance herein adopted shall not apply to incorporated areas of Lowndes County.

SECTION III. CONFINEMENT TO PREMISES.

A. An owner of a domestic animal, whether vaccinated or unvaccinated, shall confine such animal to his/her private property. It shall further be the duty of any owner or keeper to keep such animal under control so as to:

1. Prevent such animal from becoming a nuisance or danger to persons or property, or trespassing upon another person's property without that person's permission; and

2. Prevent such animal from running at large upon the roads, park, or other public places in the county.

B. An owner of a dangerous/vicious animal shall confine such animal(s) as specified in Section X of this ordinance.

C. Every female dog or cat in heat shall be kept confined in a building or secure enclosure or in a veterinary clinic or hospital or in a kennel in such a manner that such female dog or cat cannot come into contact with another dog or cat, except for intentional breeding purposes.

SECTION IV. OFFENSIVE ODORS AND DISTURBING NOISES.

An owner of an animal shall maintain his premises in such a manner as not to constitute either a private nuisance to adjoining property owners or a nuisance tot he public generally. Dog pens in which dogs are confined or maintained shall be cleaned regularly so that they are kept free from offensive odors, which would disturb any person residing within a reasonable distance of said premises; and the dogs themselves shall be restrained in such a fashion that noises emanating therefrom shall not be disturbing to such persons.

SECTION V. PROHIBITED TREATMENT.

A. It shall be unlawful for any person to:

1. Carry or confine in a vehicle in an inhumane manner, or otherwise mistreat any animal.

2. Fail to provide any animal with proper food, drink, protection from the weather and veterinary care, or;

3. Abandon any animal;

4. Intentionally poison any animal;

5. Allow or promote any fight between animals, or allow or permit any such fight in or upon any premises in his possession or under his control;

6. Allow an animal to be kept in unsanitary conditions;

7. Keep or confine an animal in other than a humane manner.

B. Animal control officers may remove and impound any animal kept or confined under such conditions.

SECTION VI. VACCINATION FOR RABIES REQUIRED.

All dogs and cats within the unincorporated limits of Lowndes County shall be vaccinated for rabies at least once every 12 months and shall wear at all times a metal tag provided by the vaccinating veterinarian indicating such vaccination. It shall be unlawful for any person to own, possess, keep or harbor any dog or cat within the unincorporated limits of Lowndes County unless such animal has been vaccinated for rabies. The fact that any such animal fails at any time to bear such metal tag, shall be prima facie evidence that the owner of such animal has failed to have such animal vaccinated for rabies.

Mississippi State Department Of Health

SECTION VII. IMPOUNDMENT FOR ANIMAL BITE.

Any person owning or having charge of any animal which has bitten an adult or child shall immediately surrender such animal to the county or its designee, to be kept by the county or its designee for the period of time in which the symptoms of rabies will or will not become evident, provided however, that the owner of said animal may, upon permission of the county or designee, place said animal within a veterinarians clinic for the specific period of time. The owner shall be responsible for the cost of internment of the animal.

Mississippi State Department Of Health

SECTION VIII. DANGEROUS, VICIOUS, FERAL DOGS AT LARGE PROHIBITED.

A. Definitions.

1. Any dog or any other animal that exhibits any of the following characteristics:

a. without provocation, approaches in a threatening or terrorizing manner any person in an apparent attitude of attack or exhibits any behavior that constitutes a physical threat of bodily harm to a person upon the roads, streets, sidewalks, any public or common grounds or places in any other place where such person is conducting himself peaceable and lawfully.

b. without provocation bites, inflicts injury, or otherwise attacks a person, in any place where such person is conducting himself peaceably and lawfully, or attacks another animal when such animal is not on the property of the owner of such attacking animal.

c. a known propensity, tendency or disposition to attack without provocation, to cause injury or to otherwise endanger the safety of human beings or their domestic animals.

2. The provisions of this section notwithstanding, no animal may be determined to be dangerous due to the fact that it:

a. inflicts injury or damage on a person committing a willful trespass or other tort upon the premises occupied by the person owning or in possession of the animal, or teasing, tormenting, abusing or assaulting the animal, or committing or attempting to commit a crime.

b. inflicts injury or damage on another domestic animal that is or was teasing, tormenting, abusing or assaulting the animal.

c. takes any action to defend or protect a human being within the immediate vicinity of the animal from an unjustified attack or assault.

B. It shall be unlawful for any person owning, keeping or harboring any animal that exhibits dangerous, vicious, feral propensities or tendencies to cause or permit any such animal to be at large. If any dog bites or attempts to bite any person, chases or attempts to chase any person while such dog is at large, then such dog shall be conclusively, presumed to be a dangerous, vicious dog and a dog of dangerous, vicious propensities and tendencies. If dog attacks or attempts to attack any other dog or animal while such dog is at large, then such dog shall be conclusively presumed to be vicious and dangerous dog and to have vicious propensities and tendencies.

C. When an animal is determined by the enforcing officer to a dangerous, vicious, feral animal, that dog may be destroyed, provided each of the following requirements are met:

1. The dog is running at large.

2. Attempts to peacefully capture and impound the dog have been made and proved unsuccessful.

3. The animal poses a serious and immediate threat of serious harm or injury to human life.

 

SECTION IX. DETERMINATION OF STATUS; IMPOUNDMENT REDEMPTION OR DISPOSITION OF DANGEROUS/VICIOUS ANIMALS

A. Any officer or any other lawfully designated official or representative of the county shall have the right to enter any private property for the purpose of inspecting for the presence of dangerous/vicious animals or for performance of other duties in the enforcement of this ordinance. Any officer or lawfully designated official or representative of the county having probable cause to believe that an animal is dangerous/vicious, shall conduct or cause to be conducted an investigation into the facts of each such case. The owner of the animal shall be notified of the investigation and shall have the opportunity to present evidence as to why the animal should not be determined to be dangerous/vicious. The results of the investigation with respect to a particular animal shall not bar the county from investigating any subsequent actions of the animal.

B. Should any officer or lawfully designated official or representative of the county have reason to believe that an animal is dangerous/vicious and may pose a threat of serious harm to persons or other domestic animals, said officer or official may immediately seize and impound the animal pending an investigation as described herein.

C. Any officer or lawfully designated official or representative of the county, upon complaint by any citizen or on his own initiative, may make inquires to determine compliance with this ordinance and may seize and impound and animal found in violation of any of its provisions.

D. If any animal is caused or permitted, or is found to be within the specific limits of the county and in violation of the provisions this ordinance, such animal may be apprehended and impounded by any officer or officials of the county, to be held or disposed of as herein provided.

E. If any such animal is so impounded, the same shall be released to the owner thereof only if payment is made, within five (5) days to the county or its designee, of such sums as may be designated from time to time by the Board of Supervisors for compensation for catching or otherwise apprehending such animal and for harboring and caring for such animal on a daily basis during the time of impoundment.

F. In addition to or in lieu of impounding an animal found in violation of this ordinance, any officer or designated official of the county may issue to the person known to own or be in possession or control of such animal a citation for any violation of this ordinance.

Any fines imposed, the Board of Supervisors shall pay asset from time to time paid within five (5) days of such citation. If such fine is not paid within the time prescribed, a criminal warrant shall be issued for such person, who may, upon conviction of such offense before the Justice Court, be punished as allowed by law.

G. All fees and fines imposed pursuant to this ordinance shall be paid by any violator, and all other requirements of this ordinance with respect to a dangerous/vicious animal shall be met before an animal impounded pursuant to this ordinance shall be released. If such fees are not paid within five (5) days, then such animal so impounded may be destroyed or otherwise disposed of.

 

SECTION X. POSTING OF PREMISE; CONFINEMENT REQUIRED.

A. All premises upon which a dangerous/vicious dog is kept, possessed or harbored shall be posted with signs that are conspicuously visible to the public and legible from property, public or private, adjacent to such premises. Such signs or notices shall contain letters of not less than two (2) inches in height and a message sufficient to warn the general public of the presence of dangerous/vicious dog(s). Such signs shall be placed at all locations where entry to the owner's property is common and expected and upon all enclosures within which dangerous/vicious dog(s) are confined, including residences and other structures.

B. The absence of any required signs shall be considered prima facie evidence of a violation of this section. Signs shall be constructed and maintained in a manner to withstand the elements.

C. Guard dogs shall remain on the owner's property and warning signs shall be posted as specified in paragraph A above.

D. All dangerous/vicious dogs shall be dept confined within the residence or other permanent structure on the premises of the owner or other person in possession or control of such dogs or within an enclosure as herein defined.

E. All dangerous/vicious dogs to be dept on the premises of the owner or person having possession or control of such dogs, and not within the residence or other permanent structure, shall be confined within a fence or structure area of at least four (4) feet in height forming a confined area sufficient to prevent the entry of young children and, in conjunction with tethering or other measures, effective in containing a dangerous/vicious dog. Such enclosure shall be securely closed and locked and equipped with secure sides, top and bottom and shall be designed to prevent the dog from escaping the enclosure. The bottom of such enclosure shall be concrete, and the sides and top shall be constructed of steel wire or other materials sufficient to prevent the dog from escaping the enclosure. The county reserves the right to issue more specific confinement requirements in instances where enclosures prove to be insufficient to prevent escape of such dogs or to prevent such dogs from coming into contact with people adjacent to such enclosures.

F. Such enclosures, fence or structure must be at least five (5) feet from any property line of the owner or person in control or possession of such dogs.

G. No dangerous/vicious dog shall be allowed outside of the residence or required enclosure, unless it is securely muzzled and under the direct control and supervision the owner/keeper.

H. In lieu of the requirement that the fence or structures are to have a concrete bottom, the fence or sides of each structure area must be embedded in the ground to a depth of two (2) feet.

 

SECTION XI. IMPOUNDED ANIMALS.

A. All animals may be disposed of after five (5) days of impoundment, unless the animal is diseased or seriously injured then it may be humanely destroyed immediately if the owner cannot be located. Animals held on court orders or for animal bites will be held for the time specified by the court and/or health department.

B. Any animal not claimed by the owner within the five day period will be put up for adoption. The person that adopts the animal after the five-day limit will become the legal owner of the animal.

C. The owner of an animal impounded in the animal shelter may reclaim the animal upon payment of fees for impoundment. The fees shall not be in lieu of any fine or penalty otherwise provided by law.

 

I. Fees for reclaiming impounded animals are as follows:

a. Vaccinated dogs.

First offense. ...............................................$15.00

Second offense.............................................$25.00

Third offense................................................$50.00

Subsequent offense.......................................$75.00

b. Unvaccinated dogs

First offense..................................................$25.00

Second offense.............................................$50.00

Third offense ...............................................$100.00

Subsequent offense......................................$150.00

c. Cats, each offense. ...................................$15.00

d. Animals impounded for rabies quarantine...$10.00 daily

e. In addition to the foregoing fees, the per day board for each day the animal is impounded in the animal shelter.......$ 4.00 daily

f. The owner of an animal impounded in the animal shelter shall be liable for the foregoing fees and charges, notwithstanding the destruction adoption of the animal.

 

SECTION XII. ENFORCEMENT; PENALTIES.

A. Primary enforcement responsibility: The provisions of this ordinance shall be enforced by animal control officers and authorized officer of Lowndes County.

B. Interference: No person shall interfere with, hinder, or molest the animal control officers or authorized officers of the county in the performance of their duties or seek to release any animal in the custody of the animal control officer, except as herein provided.

C. Citations: Animal control officers and authorized officers of Lowndes County are hereby authorized to issue citations to any person for violation of any provision of this ordinance. The citation shall be a form approved by the Lowndes County Justice Court, shall designate the offense charged and shall require person so charged to appear before the Lowndes County Justice Court on a certain date to answer the charges therein contained.

D. Penalties: Any person violating any provision of this ordinance shall be deemed guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not less that twenty-five ($25.00), nor more than five-hundred dollars ($500.00), and if such violation be continued, each day's violation shall be a separate offense.

E. Equipment: Animal control officers are authorized to employ any equipment it deems necessary to enforce the provisions of this ordinance, including, without limitation, humane wire box traps, and the animal control officer may, subject to conditions it may determine lend such traps or other equipment to private persons for the purpose of preventing nuisances resulting from animals at large.

 

SECTION XIII. CONSTITUTIONALITY.

Should any section or provision of this article be held void, unconstitutional or invalid, it shall not effect the validity of any other section or provision hereof which is in itself not valid, unconstitutional or invalid.

 

SECTION XIV.

This order shall be published in a newspaper in said Lowndes County, Mississippi, for three consecutive weeks, whereupon this Ordinance and Order and the penalties hereof shall be in full force and effect.

 

SECTION III:

First Offense Second Offense Third Offense Subsequent
 A. $25.00 $50.00 $75.00 Impound $100.00 Impound
 B. Section X fines apply      
 C. $50.00 $75.00 $100.00 Impound $125.00 Impound

 

SECTION IV:

First Offense Second Offense Third Offense Subsequent
 A. $25.00 $50.00 $75.00 Impound $100.00 Impound

 

SECTION V:

First Offense Second Offense Third Offense Subsequent
 A. 1.  $50.00 $150.00 $300.00 $500.00
 2. $50.00 $100.00 $200.00 $400.00
 3. $100.00 $250.00 $500.00 $500.00
 4. $250.00 $500.00 $500.00 $500.00
 5. $500.00 Impound $500.00 Impound $500.00 Impound $500.00 Impound
 6. $50.00 $75.00 $100.00 Impound $125.00 Impound
 7. $100.00 Impound $250.00 Impound $500.00 Impound $500.00 Impound

 

SECTION VI:

First Offense Second Offense Third Offense Subsequent
 A. $25.00 $50.00 $50.00 $50.00 Impound

 

SECTION VII:

Section III or X fines may apply plus the animal will be impounded for 10 days.

 

SECTION VIII:

First Offense Second Offense Third Offense Subsequent
 A. $100.00 $200.00 $400.00 Impound $500.00 Impound

 

SECTION X:

First Offense Second Offense Third Offense Subsequent
 A. $25.00 $50.00 $100.00 $200.00
 C. $100.00 $200.00 $400.00 $500.00 Impound
 D. $100.00 $200.00 $400.00 Impound $500.00 Impound
 E. $50.00 $100.00 $200.00 $400.00
 G. $50.00 $100.00 $200.00 $400.00

 

SECTION XI: Only fees apply.

 

SECTION XII: $100.00 Fine

 

City of Columbus Mississippi Animal Control

ARTICLE 1 IN GENERAL 

Sec. 6-1. Fowl at large.

It shall be a misdemeanor for any owner or person having in charge or control any chicken or other fowl to permit the same to run at large in the streets of the city or upon the premises of another. (Ord. of 3-10-08)

Sec. 6-2. Cruelty to animals.

It shall be unlawful for any person to inhumanly, unnecessarily or cruelly beat or injure by whip or any other instrument or otherwise abuse any dumb animal. (Code 1905, 466) State law reference—Cruelty to animals generally, Miss. Code Ann. 1972, 97-41-1-97-41-17.

Sec. 6-3. Reserved.

Sec. 6-4. Protection of birds, game.

It shall be unlawful for any person to hunt with a firearm or slingshot, or to shoot, or kill in any manner or by any means any birds or game.

State law reference-Birds generally, Miss. Code Ann. 1972. 41- 47.l -41 47-17.

Cross references—Health and sanitation. Ch. 16; disposal of dead animals 16-34.

State law references—General stock law. Miss. Code' Ann. 1972, 69-13-1—69-13-27; general provisions regarding cruelty to animals, Miss Code Ann. 1972, 97-41-1 et seq.

Sec. 6-5. Livestock at large.

It shall be unlawful for the owners or persons having in charge or control any animals of the cattle, horse, mule, sheep, swine or goat kind, to permit them to run at large in the city. (Code 1905, § 332)

Sec. 6-6. Reserved.

Editor's note—Former § 6-6, which pertained to dangerous animals at large and derived from § 497 of the city's 1905 Code, has been deleted at the discretion of the editor, treated as repealed by Art. II, §3 of an ordinance adopted Dec. 13, 1988, codified herein as Art. IV, dangerous animals, §§ 6-71—6-80.

Secs. 6-7—6-19. Reserved.

 

ARTICLE II. IMPOUNDMENT OF LIVESTOCK AND FOWL*

Sec. 6-20. Authorized.

Any animal or fowl other than common household pets, found in the city in violation of any provision of this chapter shall be taken up by any authorized officer or employee of the city and impounded and dealt with as provided in this article. (Code 1905, § 333)

Sec. 6-21. Notice; sale.

Whenever any animal or fowl shall be impounded, it shall be the duty of the poundkeeper to, at once or as soon thereafter as practicable, advertise the same for sale by posting writ- ten notices thereof at the front door of the city hall for at least five (5) days before said sale, stating in said notice the time and place of the sale and describing the property to be sold. The animal or fowl shall be sold at the pound by the poundkeeper on the day named in the notice, within legal hours, unless the same is redeemed or replevied prior thereto. (Code 1905, § 334) *State law reference—Municipal authority to provide for impoundment, Miss. Code Ann. 1972, § 21-19-9.

Sec. 6-22. Redemption.

The owner of any impounded animal or fowl may redeem the same at any time before the sale thereof by paying the pound fees which have accrued. If the owner shall not redeem or replevy such impounded animal or fowl, the same shall be sold on the day named in the advertisement or notice. (Code 1905, § 334)

Sec. 6-23. Fees.

A fee of ten dollars ($10.00) and the actual costs of caring for and feeding any animal or fowl impounded under the provisions of this article shall be levied against the same. (Code 1905, § 335)

 

Sec. 6-24. Proceeds of sale paid to clerk.

The poundkeeper shall keep a record of all fees collected for impounding, feeding, and the sale of any animal impounded under the provisions of this chapter, and shall pay to the city clerk such fees when collected and shall at the same time file with the city clerk a report as to the fees collected, from whom the same were collected and the amounts of the same. (Code 1905, §§ 336, 337)

Sec. 6-25. Disposition of proceeds.

The proceeds of all sales of impounded animals or fowl over and above the costs and expenses shall be paid into the city treasury, and shall be paid to the owner by the mayor and city council when satisfactory proof has been furnished that the claimant is entitled to such proceeds. (Code 1905, § 338) Secs. 6-26--6-36. Reserved

 

ARTICLE III ANIMAL CONTROL*

DIVISION 1 GENERALLY

Sec. 6-37. Restrictions on owning, harboring or keeping any animal.

It shall be unlawful for any person to own, harbor or keep any animal within the corporate limits of the City of Columbus, Mississippi, except in compliance with the provisions of this article and the following specific provisions:

(a) All animals within the city above three (3) months of age shall be vaccinated for rabies and subsequently thereafter at least once every twelve (12) months, and shall wear at all times a metal tag provided by the vaccinating veterinarian indicating such vaccination. Mississippi State Department of Health

(b) All animals within the city shall at all times be either:

(1) Kept on or within the premises of their owner.
(2) Securely chained or tied to or on a leash.
(3) Kept within a pen or suitable enclosure from which they are unable to escape.
(4) Kept within the confines of a structure or building. (Ord. of 2-11-86)

Secs. 6-38,6-39. Reserved.

Editor's note—Former §§ 6-38 and 6-39, which pertained to definition and destruction of dangerous, vicious animals and derived from an ordinance adopted Feb. II, 1986, have been deleted at the discretion of the editor, treated as repealed by Art. n, §3 of an ordinance-adopted Dec. 13, 1988, codified herein as Art. IV, dangerous animals, §§ 6-71—6-80.

Sec. 6-40. Health and safety; noisy animals prohibited.

(a) It shall be unlawful for any person to intentionally administer or cause to be administered poison of any sort to any animal or to in any manner intentionally injure, maim or destroy any animal, or place any poison where it may be accessible to any animal; provided, however, any police or humane officer, in the performance of his duties required by this article, may, if absolutely necessary in order to catch an animal for the purpose of impounding it, use such force and means as are necessary therefor.

(b) Any owner or harborer of an animal within the city which is kept in a pen, structure, building or other enclosure is hereby required to keep such enclosure in a sanitary and clean condition so as to prevent disagreeable odors from arising therefrom, and to prevent the presence or breeding of flies, mosquitoes and other pests therein.

(c) It shall be unlawful for any owner or keeper of any animal to permit such animal or animals, by loud and persistent habitual barking, howling or yelping, to disturb any person or neighborhood, and the same is hereby declared to be a public nuisance. It shall not be necessary, for the purposes of this section, to identify and describe the particular animal which is barking, howling or yelping, provided only that it shall be shown who has possession, care, custody or control of said animal. (Ord. of 2-11-86)

Cross reference—Noise, Ch. 19.

Secs. 6-41— 6-50. Reserved.


DIVISION 2. IMPOUNDMENT

Sec. 6-51. Authorized.

Any animal found in violation of the provisions of this article may be seized and impounded by any police or animal control officer. Impoundment may be in any animal shelter designated by the city council. (Ord. of 2-11-86)

Sec. 6-52. Notice to owner.

The owner of any animal impounded under the provisions of this division, if his identity and location can be obtained by reasonable means, a shall within twenty-four (24) hours be notified that his animal has been impounded. (Ord. of 2-11-86)

*Editor's note—Ord. of Feb. II, 1986 amended Art. Ill in its entirety to rea< as herein set out at §§ 6-37-6-40, 6-51-6-57. Former Art. Ill, §§ 6-37-6-40 6-51—6-57,pertained to similar subject matter, derived from Code 1905, § 340 Ord. of Aug. 4, 1932, §§ 1-3; Ord. of Apr. 2, 1963, § 1; and Ord. of June 4, 1974.

Sec. 6-53. Fees.

The following fees shall be charged for the impoundment of any animal under the provisions of this division:

(a) First redemption of animal within calendar year.. $10.00
(b) Second redemption of animal within calendar year $25.00
(c) Third redemption of same animal within calendar year $50.00

Whenever any animal is impounded, an additional fee of three dollars and fifty cents ($3.50) shall be charged for .each day, or fraction thereof, of impoundment for feeding such animal. (Ord. of 2-11-86; Ord. of 8-4-87)

Editor's note—A nonamendatory ordinance adopted Aug. 4, 1987, approved the amendment to a contract between the city and the Columbus-Lowndes Humane Society dated Dec. 26, 1985, providing for changes in the amounts of fees and fines to be assessed by the humane society for recovery of animals picked upas strays. At .the discretion of the editor, such changes have been included in S 6,53.

Sec. 6-54. Redemption of unvaccinated animals.

The owner of any impounded animal which has not been vaccinated under this article, upon satisfactory proof of ownership, may redeem his animal by making a deposit often dollars ($10.00) with the poundmaster and shall be allowed twenty-four (24) hours to get such animal vaccinated. If such owner fails to procure a certificate of vaccination within twenty-four (24} hours, the ten dollars ($10.00) deposit shall be forfeited. Upon presentation twenty-four (24) hours of a certificate of vaccination, the deposit shall be refunded. (Ord. of 2-11-86) Mississippi State Department of Health

Sec. 6-55. Redemption by person other than owner.

If the owner of any animal impounded under this division shall fail to redeem such animal within seven (7) days after such impoundment, any other person may, upon complying with the provisions of this division, redeem such animal from the pound and be the lawful owner of such animal thereafter. (Ord. of 2-11-86)

Sec. 6-56. Disposition of unredeemed animals.

All animals may be disposed of after seven (7) days of impoundment, unless impounded for a longer specified time. The poundmaster may dispose of such animals by humane means (Ord. of 2-11-86)

Sec. 6-57. Impoundment of biting animals.

Any person owning or having charge of any animal which has bitten an adult or a child shall immediately surrender said animal to the city or its designee, to be kept by the city or its designee for the period of time in which the symptoms of rabies will or will not become evident; provided, however, that the owner of said animal may, upon permission of the city, place said animal within a veterinarian's clinic for the specific period of time. (Ord. of 2-11-86) Mississippi State Department of Health Sees. 6-58— 6-70. Reserved.


ARTICLE IV. DANGEROUS ANIMALS*

Sec. 6-71. Definitions.

The following animals are hereby found and determined to be dangerous animals and as such are subject to all requirements and provisions of this article:

(1) Any animals, other than domestic dogs and cats, which in a wild state are .carnivorous or poisonous or which, due to their physical makeup or capabilities, are capable of inflicting serious physical harm or death to human beings. This includes, but is not limited to, animals belonging to the cat or snake family including all constrictors, bears, wolverines, badgers, lions, tigers and such other animals as the mayor and city council may from time to time determine by order or resolution to be vicious animals. The secretary- treasurer is authorized to compile and maintain a list of such animals as may be determined to be regulated by this article.

(2) Any pit bull terrier, which shall be herein defined as any Staffordshire bull terrier breed of dog or any mixed breed of dog which contains as an element of its breeding the breed of Staffordshire bull terrier or American Staffordshire bull terrier so as to be identifiable as partially of the breed of Staffordshire bull terrier or American Staffordshire bull terrier by any qualified veterinarian duly licensed as such by the State of Mississippi.

(3) Any domestic dog or cat or any other animal that exhibits any of the following characteristics:

(a) Without provocation, approaches in a threatening or terrorizing manner any person in atiapparent attitude of attack or exhibits any behavior that constitutes a physical threat of bodily harm to a person upon the streets, sidewalks, any public or common grounds or places or in any other place where such person is conducting himself peaceably and lawfully.

(b) Without provocation, bites, inflicts injury, assaults or otherwise attacks a person, in any place where such person is conducting himself peaceably and lawfully, or attacks another animal when such animal is not on the property of the owner of the attacking animal.

(c) A known propensity, tendency or disposition to attack without provocation, to cause injury or to otherwise endanger the safety of human beings or their domestic animals.

(d) Owned or' harbored primarily or in part for the purpose of fighting or any animal trained for fighting.

(4) For the purposes of this article, a person shall be considered to be peaceably and lawfully upon the private property of an owner of an animal when he is on such property in the performance of any duty imposed upon him by any laws or postal regulations of the United States or any political subdivision thereof or when he is on such property upon invitation, expressed or implied.

(5) The provisions of this section notwithstanding, no animal may be determined to be dangerous due to the fact that it:

(a) Inflicts injury or damage on a person committing a willful trespass or other tort upon the premises occupied by the person owning or in possession of the animal, or teasing, tormenting, abusing or assaulting the animal, or committing or attempting to commit a crime.

(b) Inflicts injury or damage on another domestic animal that is or was teasing, tormenting, abusing or assaulting the animal.

(c) Takes any action to defend or protect a human being within the immediate vicinity of the animal from an unjustified attack or assault.

(6) Unless specifically stated to the contrary, the following are exempt from the requirements of this article:

(a) Any duly authorized and lawfully operated dealers in animals within the city.

(b) Any lawfully operated circus, carnival, performing act or similar functions and events of a temporary nature as may be authorized by the city.

(c) Dogs or other animals lawfully used to guard private property.

(d) Dogs or other animals assisting a peace officer engaged in law enforcement duties.

(e) Animals in a licensed veterinary, animal or small animal hospital for treatment, or kept in a bona fide educational, medical or other research institution, or in zoos, museums or similar places where such animals are kept as live exhibits or for study. (Ord. of 12.13-88, Art. 1, §1)

•Editor's note—Art. I, §§ 1—8, and Art. II, §§ I and 2, of an ordinance adopted Dec. 13, 1988, being not expressly amendatory of this Code, have been included as Art. IV, §§ 6-71—6-80, at the discretion of the editor. See also the editor's notes to §§ 6-6 and 6-38, 6-39 herein.

Sec. 6-72. Enforcement responsibility.

(a) The police department of the city and any other lawfully designated official or representative of the city shall have the primary duty and responsibility of enforcing the provisions of this article. Any officer of the city's police department and any such designated official or representative is fully authorized and empowered to enforce any and all of the provisions hereof.

(b) Any official or representative of the city, lawfully designated to enforce the provisions of this article, shall have the power and authority to issue summonses returnable to the municipal court or to any other proper authority for violations of this article. Such summonses shall have the same full force and effect as if issued by the police department of the city.

(c) The police department or other designated official or representative of the city may develop and utilize such forms as may be required and necessary to implement these powers and actively enforce this article. (Ord. of 12-13-88, Art. II, § 1)

Sec. 6-73. Licensing, registration and permits.

(a) No dangerous animal may be owned, kept, possessed or harbored within the city without the owner or person in possession or control of such animal first obtaining a license or permit from the city. An application for such license or permit shall include the name and address of the owner, the address at which the animal will be located or confined, a description of measures to be taken to secure the animal, a complete description of the animal including type of animal, sex, color and other distinguishing marks and, at the city's discretion, a photograph of the animal.

(b) Persons owning or in possession or control of dangerous animals shall, upon the birth, death or transfer of such animals, report said fact to the city. A separate license or permit shall be issued for each dangerous animal. Upon the transfer of any dangerous animal, a statement shall be filed with the city staling the name and address of the person to whom the animal is sold or transferred and the address at which the animal is to be located, if known.

(c) The application for such permit must be signed and dated by the owner of the dangerous animal. The owner must sign a statement attesting to the fact tliat all provisions of this article have been and will be complied with in their entirety and that the city shall be notified immediately of any attack or other violation of this article by such animal in his possession or control.

(d) The mayor and city council may establish from time to time fees for the issuance of said license or permit. Said fees may apply to the initial issuance of such license or permit and any required renewals, at the discretion of the mayor and city council.

(e) Any license or permit issued pursuant to this article shall be revocable upon any noncompliance with any of the terms of this article by any person owning or in possession or control of any dangerous animal. (Ord. of 12-13-88, Art. I, § 2)

Sec. 6-74. Posting of premises.

(a) All premises upon which a dangerous animal is kept, possessed or harbored shall be posted with signs that are conspicuously visible to the public and legible from property, public or private, adjacent to such premises. Such signs or notices shall contain letters of not less than two (2) inches in height and a message sufficient to warn the general public of the presence of the dangerous animal. Such signs shall be placed at all locations where entry to the owner's property is common and expected and upon all enclosures within which dangerous animals are confined, including residences and other structures.

(b) The absence of any required signs shall be considered prima facie evidence of a violation of this section. Signs shall be constructed and maintained in a manner to withstand the elements.

(c) Notwithstanding the exemptions granted in section 6-71(6) of this article, the requirements of this section shall apply to all duly authorized and lawfully operated dealers in animals within the city, any lawfully operated circus, carnival, performing act or similar functions and events of a temporary nature as may be authorized by the city, and to any premises utilizing dogs or other animals lawfully for guard purposes. (Ord. of 12-13-88, Art. I, §2)

Sec. 6-75. Confinement required.

(a) All dangerous animals shall be kept confined within the residence or other permanent structure on the premises of the owner or other person in possession or control of such animals or within an enclosure as herein defined.

(b) All dangerous animals to be kept on the premises of the owner or person having possession or control of such animals, and not within the residence or other permanent structure, shall be confined within a fence or structure area of at least four (4) feet in height forming a confined area sufficient to prevent the entry of young children and, in conjunction with tethering or other measures, effective in containing a dangerous animal. Such enclosure shall be securely closed and locked and equipped with secure sides, top and bottom and shall be designed to prevent the animal from escaping the enclosure. The bottom of such enclosure shall be concrete, and the sides and top shall be constructed of steel wire or other materials sufficient to prevent the animal from escaping the enclosure. The city reserves the right to issue more specific confinement requirements in instances where enclosures prove to be insufficient to prevent escape of such animals or to prevent such animals from coming into contact with people adjacent to such enclosures.

(c) Such enclosure, fence or structure must be at least five (5) feet from any fenced property line of the owner or person in control or possession of such animals, provided that such enclosure, fence or structure is within a separately and totally enclosed fenced area. In the event that the area of the property of the owner or person in control or possession of such animals, devoted to the confinement or enclosure of such animals, is not within a separately and totally enclosed fenced area, any animals confined in such enclosure must be securely tethered or otherwise restrained so that they cannot come within five (5) feet of the walls of the enclosure or area within which they are confined.

(d) No dangerous animal shall be allowed outside of the residence or required enclosure, unless it is securely muzzled and restrained, with a chain having a minimum tensile strength of three hundred (300) pounds and not .-exceeding three (3) feet in length, and under the direct control and Supervision of the owner.

(e) In lieu of the requirement that the fence or structure area have a concrete bottom, the fence or sides of each structure area must be embedded in the ground to a depth of two (2) feet, provided such animal to be confined is not a burrowing animal. (Ord. of 12-13-88, Art. I, § 4)

Sec. 6-76. Determination of status; impoundment; redemption or disposition of dangerous animals.

(a) Any police officer or any other lawfully designated official or representative of the city shall have the right to enter any private property for the purpose of inspecting said property for the presence of dangerous animals or for performance of other duties in the enforcement of this article. Any police officer or other lawfully designated official or representative of the city, having probable cause to believe that an animal is dangerous, shall conduct or cause to be conducted an investigation into the facts of each such case. The owner of the animal shall be notified of the investigation and shall have the opportunity to present evidence as to why the animal should not be determined to be dangerous. The results of any investigation with respect to a particular animal shall not bar the city from investigating any Subsequent actions of the animal.

(b) Should any police officer or other designated official or representative of the city have reason to believe that an animal is vicious and may pose a threat of serious harm to persons or other domestic animals, said officer or official may immediately seize and impound the animal pending an investigation as described herein.

(c) Any police officer or other lawfully designated official or representative of the city, upon complaint by any citizen or on his own initiative, may make inquiries to determine compliance with this article and may seize and impound any animal found in violation of any of its provisions.

(d) If any animal is caused or permitted, or is found to be within the corporate limits of the city and in violation of the provisions of this article, such animal may be apprehended and impounded by any police officer or other designated official (s) of the city, to be held or disposed of as herein provided.

(e) If any such animal is so impounded, the same shall be released to the owner thereof only if payment is made, within five (5) working days to the city or its designee, of such sums as may be designated from time to time by the mayor and city council for compensation for catching or otherwise apprehending such animal and for harboring and caring for such animal on a daily basis during the time of impoundment.

(f) In addition to or in lieu of impounding an animal found in violation of this article, any police officer or designated official (s) of the city may issue to the person known to own or be in possession or control of such animal a citation for any violations of this article. Any fines imposed, as set from time to time by the mayor and city council, shall be paid within three (3) working days of such citation. If such fine is not paid within the time prescribed, a criminal warrant shall be issued for such person, who may, upon conviction of such offense before the municipal court, be punished as allowed by law.

(g) All fees and fines imposed pursuant to this section shall be paid by any violator, and all other requirements of this article with respect to a dangerous animal shall be met before an animal impounded pursuant to this article shall be released. If such fees and fines are not paid within five (5) working days, then any such animal so impounded may be destroyed or otherwise disposed of. (Ord. of 12-13-88, Art. 1, §5)

Sec. 6-77. Killing of dangerous animals; when authorized.

When any dangerous animal, in the judgment of any police officer or other designated official or representative of the city, poses a serious and immediate threat of serious harm or injury to human life, it shall be the lawful duty of such officer to kill such animal, without requiring such officer or official to catch, restrain or impound such animal. (Ord. of 12-13-88, Art. I, § 6)

Sec. 6-78. Penalties.

(a) The failure or refusal of any person to comply with any of the provisions of this article and the violation of any provision of this article by any; person shall constitute a misdemeanor. Any person deemed guilty of any Violation of any provision of this article shall, on conviction thereof, be subject to punishment allowed by law. The municipal court is hereby authorized to establish a schedule of penalties for various offenses, subject to review by the mayor and city council of the city.

(b) Continuance of a specific violation for each separate day shall constitute a separate offense. (Ord. of 12-13-88, Art. II, § 2)

Sec. 6-79. Additional remedies for violations.

(a) Should any dangerous animal, when unprovoked, kill or wound or assist in killing or wounding any livestock, fowl or other domestic animal belonging to or in possession of any person, or attack, bite or otherwise assault or injure any human being or assist in doing so, whether out of or within any required enclosure of the owner or person in possession or control or whether on or off the property of the owner, whether or not such animal is leashed or muzzled and whether or not such animal escaped without the fault of the owner, the owner of the animal shall be liable to the person aggrieved for all damages sustained, to be recovered in a civil action with costs of suit. It is rebuttably presumed as a matter of law that the owning, keeping or harbouring of a dangerous animal in violation of this article is a nuisance. It shall not be necessary, in order to sustain such action, to prove that the owner of such dangerous animal knew that the animal possessed the propensity to cause such damage or that the animal had a dangerous nature.

(b) In addition to any damages awarded pursuant to this section, a civil penalty of five thousand dollars ($5,000.00) per incident or attack may be imposed by any court of competent jurisdiction.

(c) Nothing in this article shall be construed so as to restrict any other remedies at law available to persons aggrieved by any attack of a vicious animal, nor so as to prohibit criminal prosecution of persons owning or in possession of such animals as may be allowed by law.

(d) Should any employee of or person carrying out contractual responsibilities for the City of Columbus be attacked by any dangerous animal or other animal, while engaged in the lawful performance of his official duties," any rights, privileges or services enjoyed 'by the residents of property on which the attack occurs or by the owner of such animal, at the discretion of the city, may be immediately terminated without further notice. This includes, but is not limited to, termination of water, sewer and electrical service, termination of garbage pickup service, revocation of building permits or privilege licenses. (Ord. of 12-13-88, Art. I, § 7)

Sec. 6-80. Insurance requirement (optional).

Any person owning or having control or possession of any dangerous animal within the corporate limits of the city shall obtain and maintain liability insurance, covering any damage or injury that may be caused by such vicious animal, in the amount of one hundred thousand dollars ($100,000.00) for any single incident. Such policy shall contain a provision that the city be named as additional insured, for the sole purpose of being notified by the insurance company of any cancellation, termination or expiration of the insurance policy. (Ord. of 12-13-88, Art. I, § 8)

Mississippi Cruelty to Animals Statutes



MISSISSIPPI STATUTES

TITLE 97. CRIMES

CHAPTER 41. CRUELTY TO ANIMALS



97-41-1. Living creatures not to be cruelly treated.


If any person shall override, overdrive, overload, torture, torment, unjustifiably injure, deprive of necessary sustenance, food, or drink; or cruelly beat or needlessly mutilate; or cause or procure to be overridden, overdriven, overloaded, tortured, unjustifiably injured, tormented, or deprived of necessary sustenance, food or drink; or to be cruelly beaten or needlessly mutilated or killed, any living creature, every such offender shall, for every offense, be guilty of a misdemeanor.


97-41-2. Seizure of mistreated animal


(1) All courts in the State of Mississippi may order the seizure of an animal 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 may 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 shelter organization, veterinarian or other person as temporary custodian for the said animal, pending final disposition of the animal pursuant to this section. Such temporary custodian shall directly contract and be responsible for any care rendered to such animal, and may make arrangements for such care as may be necessary. Upon seizure of an animal, the law enforcement agency responsible for removal of the animal shall serve notice upon the owner of the animal, if possible, and shall also post prominently a notice to the owner or custodian to inform such person that the animal has been seized. Such process and notice shall contain a description of the animal seized, the date seized, the name of the law enforcement agency seizing the animal, the name of the temporary custodian, if known at the time, and shall be signed by the court issuing the order.



(2) Within five (5) days of seizure of an animal, the owner of the animal may request a hearing in the court ordering the animal to be 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 fourteen (14) days of receiving such request. The hearing shall be concluded and the court order entered thereon within twenty-one (21) 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. 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) 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 temporary custodian for such costs. A lien for authorized expenses is hereby created upon all animals seized under this section, and shall have priority to any other lien on such animal.



(5) If the court finds the owner of the animal is unable or unfit to adequately provide for the animal, or that the animal is severely injured, diseased, or suffering, and, therefore, not likely to recover, the court may order that the animal be permanently forfeited and released to an animal control agency, animal protection organization or to the appropriate entity to be euthanized or the court may order that such animal be sold at public sale in the manner now provided for judicial sales; any proceeds from such sale shall go first toward the payment of expenses and costs relating to the care and treatment of such animal, and any excess amount shall be paid to the owner of the animal.



(6) Upon notice and hearing as provided in this section, or as a part of any preceding conducted under the terms of this section, 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.



(7) 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.



(8) 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.



(9) For the purposes of this section the term "animal" or "animals" means any feline, exotic animal, canine, horse, mule, jack or jennet.




 

97-41-3. Authority to kill injured, neglected, etc. animal.


Any sheriff, constable, policeman, or agent of a society for the prevention of cruelty to animals may kill, or cause to be killed, any animal found neglected or abandoned, if in the opinion of three respectable citizens it be injured or diseased past recovery, or by age has become useless.



97-41-5. Carrying creature in a cruel manner.


If any person shall carry, or cause to be carried by hand or in or upon any vehicle or other conveyance, any creature in a cruel or inhuman manner, he shall be guilty of a misdemeanor.



97-41-7. Confining creatures without food or water.


If any person shall confine, or cause to be confined, in any stable, lot, or other place, any living creature, without supplying the same during such confinement with a sufficient quantity of good and wholesome food and water, he shall be guilty of a misdemeanor.



97-41-9. Failure of owner or custodian to provide sustenance.


If any person be the owner or have the custody of any living creature and unjustifiably neglect or refuse to furnish it necessary sustenance, food, or drink, he shall be guilty of a misdemeanor.



97-41-13. Penalty for violating certain sections.


Any person who shall violate any of sections 97-41-3 to 97-41-11, or section 97-27-7 on the subject of cruelty to animals shall, on conviction, be fined not less than ten dollars nor more than one hundred dollars, or shall be imprisoned in the county jail not less than ten days nor more than one hundred days or both.



97-41-15. Malicious or mischievous injury to livestock; penalty; restitution.


(1) Any person who shall maliciously, either out of a spirit of revenge or wanton cruelty, or who shall mischievously kill, maim or wound, or injure any livestock, or cause any person to do the same, shall be guilty of a felony and upon conviction, shall be committed to the custody of the State Department of Corrections for not less than twelve (12) months nor more than five years, and fined an amount not less than One Thousand Five Hundred Dollars ($1,500.00), nor more than Ten Thousand Dollars ($10,000.00).

(2) In addition to any such fine or imprisonment which may be imposed, the court shall order that restitution be made to the owner of any animal listed in subsection (1) of this section. The measure for restitution in money shall be the current replacement value of such loss and/or the actual veterinarian fees, special supplies, loss of income and other costs incurred as a result of actions in violation of subsection (1) of this section.

(3) For purposes of this section, the term "livestock" shall mean horses, cattle, swine, sheep and other domestic animals produced for profit.



97-41-17. Poisons; administering to animals.


Every person who shall wilfully and unlawfully administer any poison to any horse, mare, colt, mule, jack, jennet, cattle, deer, dog, hog, sheep, chicken, duck, goose, turkey, pea-fowl, guinea-fowl, or partridge, or shall maliciously expose any poison substance with intent that the same should be taken or swallowed by any horse, mare, colt, mule, jack, jennet, cattle, dog, hog, sheep, chicken, duck, goose, turkey, pea-fowl, guinea-fowl, or partridge, shall, upon conviction, be punished by imprisonment in the penitentiary not exceeding three years, or in the county jail not exceeding one year, and by a fine not exceeding five hundred dollars. 


Amended in 1997, 2001.
Reviewed by AAHS in September 2001.

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