Bill Text: MS HB1304 | 2015 | Regular Session | Introduced
Bill Title: Crimes; prohibit owning vicious animal or dog unless requirements designed to protect public are met.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2015-02-03 - Died In Committee [HB1304 Detail]
Download: Mississippi-2015-HB1304-Introduced.html
MISSISSIPPI LEGISLATURE
2015 Regular Session
To: Judiciary B
By: Representative Denny
House Bill 1304
AN ACT MAKING IT A CRIME TO OWN, POSSESS OR HAVE CUSTODY OF CERTAIN VICIOUS ANIMALS OR DOGS, UNLESS CERTAIN REQUIREMENTS DESIGNED TO PROTECT THE PUBLIC ARE MET; TO AMEND SECTIONS 41-53-11 AND 97-41-19, MISSISSIPPI CODE OF 1972, IN CONFORMITY TO THE PROVISIONS OF THIS ACT; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. For purposes of Sections 1 through 5 of this act, the following words and phrases shall have the meanings ascribed below, unless the context clearly indicates otherwise:
(a) "Animal" means any live, vertebrate creature, domestic or wild, except homo sapiens.
(b) "Domesticated animal" means a pet or any animal that is kept for pleasure rather than utility, not including an animal used as livestock.
(c) "Feral animal" means an animal that has escaped from domestication and has become wild, dangerous or untamed.
(d) "Law enforcement officer" means any person appointed or employed by the state or any political subdivision thereof, who is duly sworn and vested with authority to bear arms and make arrests.
(e) "Owner" means a person who owns, keeps or harbors, or who has the charge, custody, or possession of one or more animals. An animal is deemed to be "harbored" by a person if it is fed or sheltered by that person.
(f) "Restraint" means the condition of securing any animal, by a leash or lead of less than six (6) feet, within the fenced real property limits of its owner, or by tethering in such a way that the animal is within the real property limits of its owner.
(g) "Runs at large" or "running at large" means any animal not under restraint.
(h) "Vicious animal" means any animal, except a dog, that acts in any manner constituting a physical threat to human beings or other animals.
(i) (i) "Vicious dog" means:
1. Any dog that has shown a propensity, tendency or disposition to attack unprovoked, to cause injury or to otherwise endanger the safety of human beings or domestic animals;
2. Any dog that, when unprovoked, bites, inflicts injury, assaults or otherwise attacks a human being or domesticated animal on public or private property, or chases or approaches a person upon the streets, sidewalks or on any private or public property in a menacing or terrorizing manner or apparent attitude of attack.
3. Any dog that is owned or harbored primarily or in part for the purpose of dogfighting or any dog trained for dogfighting.
(ii) However, no dog may be considered a vicious dog if:
1. An injury or damage caused by the dog is sustained by a person who at the time: was committing a willful trespass or other tort on the premises occupied by the owner of the dog; was teasing, tormenting, abusing or assaulting the dog; or was committing or attempting to commit a crime;
2. An injury or damage caused by the dog was sustained by a domesticated animal that at the time was teasing, tormenting or abusing the dog; or
3. The dog was protecting or defending a human being within the immediate vicinity of the dog from an unjustified attack or assault.
(j) "Wild animal" means any animal that is customarily found in the wild state and is not ordinarily domesticated by man, whether raised in captivity or in the wild.
SECTION 2. (1) It shall be unlawful for a person having the charge, custody or possession of a vicious animal or vicious dog to:
(a) Keep the animal or dog in, or permit the animal or dog to enter, any platted subdivision or residential neighborhood;
(b) Fail to confine the animal or dog securely
indoors or in an enclosed and child-proofed locked structure upon the premises of the person;
(c) Permit the animal or dog to go beyond the premises of the person unless the animal or dog is leashed securely and muzzled in a manner that is sufficient to prevent the animal or dog from injuring or biting a person or other animal;
(d) Leash, chain, tie or tether the animal or dog to an inanimate object, such as a tree or building;
(e) Keep the animal or dog on a porch or patio or any
part of a building or structure (i) that is not large enough to provide reasonable freedom of movement to the animal, (ii) in a manner that would allow the animal or dog to exit the building or structure on its own volition, or (iii) when the windows are open or when screened windows or doors are the only obstacles preventing the animal or dog from exiting the building or structure; or
(f) Fail to display in a prominent place on the premises where the animal or dog is located, as well as on the kennel or structure confining the animal or dog, a sign containing the words "Beware of Animal" or "Beware of Dog."
(2) It shall be unlawful for a person who has been convicted of any felony to have the charge, custody or possession of a vicious animal or dog, or to reside within any premises upon which a vicious animal or dog is located.
(3) (a) A person who has been convicted of a violation of this section shall be punished by a fine of not less than One Thousand Dollars ($1,000.00) and not more than Five Thousand Dollars ($5,000.00), imprisoned for not less than ninety (90) days and not more than six (6) months, or both.
(b) A conviction and imposition of a sentence under this section does not prevent a conviction and imposition of a sentence under any other applicable provision of law.
(4) If, according to the records of the governing authorities of the county or municipality, a vicious animal or vicious dog has caused serious injury to a person without provocation or has killed a domesticated animal, then the owner of the animal or dog is required to possess liability insurance policy with coverage in a single incident amount of One Hundred Thousand Dollars ($100,000.00) for bodily injury to or death of any person or persons, or for damage to property resulting from the ownership, keeping or maintenance of the animal or dog. The insurance policy shall contain a provision that the policy may not be cancelled until ten (10) days' notice of cancellation has been given to the governing authorities of the municipality or county in which the animal or dog is located. For purposes of this subsection, "serious injury" means any physical injury resulting in two (2) or more sutures or in hospitalization. A vicious animal or vicious dog may be seized by a law enforcement officer, if the owner cannot show proof that he possesses the liability insurance coverage required in this subsection.
(5) In order to determine if there is a violation of this section, a law enforcement officer may enter at any time the premises where a vicious animal or vicious dog is kept, or is believed to be kept, for an on-site inspection of the premises.
SECTION 3. (1) If an animal is determined by a law enforcement officer to be a vicious animal or dog, or a feral animal, then the animal may be destroyed by the law enforcement officer, or his designee, provided that two (2) of the following requirements are met:
(a) The animal or dog is running at large or not properly confined or muzzled as may be required under this act;
(b) There is no vaccination tag around the animal's or dog's neck;
(c) Attempts to peacefully capture the animal or dog have been made and proven unsuccessful.
(2) Use of deadly force is permitted when an officer who confronts a vicious animal, vicious dog, feral animal, or wild animal, reasonably fears for his or her safety or the safety of others in clear proximity to the animal.
SECTION 4. In case of an attack by any animal described in this act resulting in injury to a person, the animal shall be impounded or confined by a law enforcement officer for observation for a period of ten (10) days. The owner of the animal may have such animal impounded for ten (10) days with a private veterinarian licensed to practice veterinary medicine within the state. If at or before the end of such period of time, it is determined that the animal has rabies, the animal shall be destroyed.
SECTION 5. Nothing in this act shall be construed as prohibiting a person from injuring or killing an animal, except those animals otherwise protected by state or federal law, reasonably believed to constitute a threat of injury or death to humans, livestock, poultry or other domestic or lawfully kept animals.
SECTION 6. Section 41-53-11, Mississippi Code of 1972, is amended as follows:
41-53-11. * * * Except as may be provided
otherwise in Sections 1 through 5 of this act, or in Chapter 41, Title 97,
Mississippi Code of 1972, it shall be lawful and it shall be * * * the duty for any sheriff,
conservation officer or * * *peace law enforcement officer of a county or
municipality to * * *
destroy any dog * * * found running at large on whose
neck there is no such collar and tag. No action shall be maintained by the owner
for such killing. However, before the dog may be destroyed, it shall be
the duty of said officer * * *who finds a dog or dogs running at large to first keep * * * the dog * * * for a period of * * * ten (10) days and notify the
sheriff of * * *
the county that he has * * * confined the dog, * * * giving the sheriff a description
of same. If anyone proves himself to be the owner of * * * the dog * * *, it shall be delivered to the owner.
* * *
SECTION 7. Section 97-41-19, Mississippi Code of 1972, is amended as follows:
97-41-19. (1) If any person (a) shall sponsor, promote, stage or conduct a fight or fighting match between dogs, or (b) shall wager or bet, promote or encourage the wagering or betting of any money or other valuable thing upon any such fight or upon the result thereof, or (c) shall own, possess or have custody of a dog with the intent to willfully enter it or to participate in any such fight, or (d) shall train or transport a dog for the purposes of participation in any such fight, he shall be guilty of a felony and, upon conviction, shall be punished by a fine of not less than One Thousand Dollars ($1,000.00) nor more than Five Thousand Dollars ($5,000.00), or by imprisonment in the State Penitentiary for a term of not less than one (1) nor more than three (3) years, or by both such fine and imprisonment, in the discretion of the court.
(2) If any person shall be present, as a spectator, at any location where preparations are being made for an exhibition of a fight between dogs with the intent to be present at such preparations, or if any person shall be present at an exhibition of a fight between dogs with the intent to be present at such exhibition, he shall be guilty of a felony and, upon conviction, shall be punished by a fine of not less than Five Hundred Dollars ($500.00) nor more than Five Thousand Dollars ($5,000.00), or by imprisonment in the State Penitentiary for a term of not more than one (1) year, or by both such fine and imprisonment, in the discretion of the court.
(3) Any law enforcement officer making an arrest under subsection (1) of this section may lawfully take possession of all dogs and all paraphernalia, implements, equipment or other property used in violation of subsection (1) of this section. Such officer shall file with the circuit court of the county within which the alleged violation occurred an affidavit stating therein (a) the name of the person charged, (b) a description of the property taken, (c) the time and place of the taking, (d) the name of the person who claims to own such property, if known, and (e) that the affiant has reason to believe, stating the ground of such belief, that the property taken was used in such violation. He shall thereupon deliver the property to such court which shall, by order in writing, place such dogs, paraphernalia, implements, equipment, or other property in the custody of a licensed veterinarian, the local humane society or other animal welfare agency, or other suitable custodian, to be kept by such custodian until the conviction or final discharge of the accused, and shall send a copy of such order without delay to the district attorney of the county. The custodian named and designated in such order shall immediately assume the custody of such property and shall retain same, subject to order of the court.
Upon the certification of a licensed veterinarian or officer of the humane society or animal welfare agency that, in his professional judgment, a dog which has been seized is not likely to survive the final disposition of the charges or that, by reason of the physical condition of the dog, it should be humanely euthanized before such time, the court may order the dog humanely euthanized. The court shall make its finding of whether to issue such an order within seven (7) days from the certification by the veterinarian or officer of the humane society or animal welfare agency. The owner of a dog which is euthanized without an order of the court with such certification of a licensed veterinarian or officer of the humane society or other animal welfare agency shall have a right of action for damages against the department or agency by which the arresting or seizing officer is employed. Upon conviction of the person charged with a violation of subsection (1) of this section, all dogs seized shall be adjudged by the court to be forfeited and the court shall order a humane disposition of the same. In no event shall the court order the dog to be euthanized without the certification of a licensed veterinarian or officer of the humane society or other animal welfare agency that, in his judgment, the dog is not likely to survive or that, by reason of its physical condition, the dog should be humanely euthanized. In the event of the acquittal or final discharge without conviction of the accused, the court shall direct the delivery of the property so held in custody to the owner thereof. All reasonable expenses incurred by the custodian of seized dogs and property shall be charged as costs of court, to be taxed against the owner or county in the discretion of the court.
(4) Nothing in subsection (1) or (3) of this section shall prohibit any of the following:
(a) The use of dogs in the management of livestock, by the owner of such livestock or other persons in lawful custody thereof;
(b) The use of dogs in lawful hunting; and
(c) The training of dogs for any purpose not prohibited by law.
(5) A conviction and imposition of a sentence under this section does not prevent a conviction and imposition of a sentence under any other applicable provision of law.
SECTION 8. This act shall take effect and be in force from and after July 1, 2015.
