Bill Text: MS SB2191 | 2013 | Regular Session | Introduced
Bill Title: Dogs and cats; prohibit roadside sale.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2013-02-05 - Died In Committee [SB2191 Detail]
Download: Mississippi-2013-SB2191-Introduced.html
MISSISSIPPI LEGISLATURE
2013 Regular Session
To: Judiciary, Division B
By: Senator(s) Dawkins
Senate Bill 2191
AN ACT TO CREATE NEW SECTION 41-53-15, MISSISSIPPI CODE OF 1972, TO PROHIBIT THE SALE OF CATS OR DOGS ON ROADSIDE OR CERTAIN OTHER PUBLIC PLACES; TO AMEND SECTION 41-53-13, MISSISSIPPI CODE OF 1972, TO CONFORM; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. The Legislature finds that the sale of cats and dogs in public locations places the public at risk for health hazards because many of the animals have not been inoculated, spayed or neutered or examined by a veterinarian for diseases that can infect humans or other animals. In enacting this legislation, it is the Legislature's intent to protect the health, safety and welfare of the residents of this state.
SECTION 2. The following shall be codified as Section 41-53-15, Mississippi Code of 1972:
41-53-15. (1) It shall be unlawful for any person to offer for sale or to sell any dog or cat on any street or highway, right-of-way, flea market or open-air market of any kind, public park, public playground, public swimming pool or any other public recreational area, or on any commercial or retail parking lot that is generally accessible to the public, or on property adjacent to these locations, whether or not access to a location is authorized.
(2) The provisions of this section shall not apply to: (a) a bona fide, not-for-profit humane society or animal welfare agency; (b) an animal-adoption event sponsored by a not-for-profit organization; (c) the offering of dogs or cats for sale at a private residence; or (d) the offering of dogs or cats for sale by a paid entrant to a competitive cat show or dog show if the sale occurs on the premises and within the confines of the show.
(3) For the purposes of this section:
(a) "Highway" means every way or place of whatever nature, including public roads, toll roads, streets, alleys, bridges, causeways, tunnels and ferries of this state generally open to the use of the public or to be opened or reopened to the use of the public for the purpose of vehicular travel, and notwithstanding that the same may be temporarily closed for the purpose of construction, reconstruction, maintenance or repair. The confines of a highway shall include the entire width and length of the right-of-way.
(b) "Right-of-way" means the privilege of the immediate use of the highway.
(4) A violation of this section is a misdemeanor and, upon conviction for a first offense, an offender shall be fined not more than Two Hundred-fifty Dollars ($250.00) and for a second or subsequent offense, not more than One Thousand Dollars ($1,000.00).
(5) The provisions of this section are cumulative and supplemental to any other provision of law, and a conviction or penalty imposed under this section shall not preclude any other action at law or other criminal proceedings.
SECTION 3. 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 for which no other penalty is specifically provided shall constitute a misdemeanor, and the offender shall, on conviction thereof, be fined for the first offense in a sum not to exceed Five Dollars ($5.00) and for the second offense in a sum not to exceed Twenty-five Dollars ($25.00) and for the third offense a sum not to exceed Fifty Dollars ($50.00), together with all costs. 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 4. This act shall take effect and be in force from and after July 1, 2013.
