20" ANIMAL REGULAYTON ORDINANCE

NOW TMFREVORE. BE ORDAINED BY THE WAVOR AND BOARD OVALDERPERSONS OF THE CITY OF DURANT:

ARTICLE

TITLE ANDPURPOSE

SECTION 1. AUTHORITY

The provisions Of the Ordinance are pursuant tostatutory authority set forth in Title 21, Chapter 19 of the Gena-al Laws oftir Sate of 1972, as amended, being 21-19-1, et sav, of the MississippiCo&, 1972, as arnended. and in particular MCA 921-19-15 and MCA 521-19-9.

SECTION 2. TITLE

This Ordinance shall be known as the 2011 ANIMALREGULATION ORDINANCE OF DURANT, MISSISSIPPI, and may be so cited. For purposesof this Ordinance, it may be referred to herein after as "ThisOrdinance".

SECTION 3. INTERPRETATION

In interpreting and applying this Order, itsprovisions, purposes, duties, penalties, authorities and responsibilities areintended to comply with all regulations and requirements of the State ofMississippi and all State and Federal Agencies as well as all statutory laws ofthe State of Mississippi and the United States of America. This Ordinance isparticularly intended to comply with all laws and regulations governing animalsand ownership thereof.

ARTICLE 11 DEFINITIONS

Under this section, phrases, words and theirderivations shall have the meanings given herein. When inconsistent with thecontext, words used in the present tense include the future, words in theplural number include the singular, and words in the singular number includethe plural. The word "shall" is always mandatory and not merelydirectory.

        (l)     City means the City ofDurant,Mississippi, with administrative offtces atCity Hall,

253 West Mulberry Street, P. O. Box 272, Durant,Mississippi 39063, or such other place or address as may be subsequentlyestablished by the governing authority.

(2)        Governingauthorily means the Board ofAlderman andmayor ofthe City of Durant, Mississippi.

(3)        Public place means any place to which the public or asubstantial group of the public has access and includes, but is not limited to,streets, highways, abutting sidewalks, rights of way, parking lots, and thecommon areas of hospitals, apartment houses, housing projects or condominiums,office buildings, transport facilities, parks, shops, and businessestablishments.

(4)        Serious bodily injury means bodily injury that createsa substantial risk of death or that causes death, serious permanentdisfigurement, or protracted loss or impaiment of the function of any bodilymember or organ.

(10)

( I I )Public nuisance n•nns Any that uvesonably annoy humans, endanger the life orhealth ofottrr antmals or substantial Iy interfere with the rights of citizens,other than their owners. to the ayoyrnent Of life or property. The tenn"public nuisance anirnal" shall rnean and include. but is not limitedto. any animal that:

(a)        Is found at large;

(b)       Damages the property of anyone other than its owner;

(c)        Molests or intimidates pedestrians or passersby,

(d)       Chases vehicles;

(e)        Excessively makes disturbing noises, including. butnot limited to, continued and repeated howling, barking, whining cr otherutterances causing unreasonable annoyance, disturbance, or discom fort toneighbors or others in Close proximity to the premises where the animal is keptor harbored;

(t) Causes fouling ofthe air by odor and therebycreates unreasonable annoyance or discomfort to neighbors or others in closeproximity to the premises where the animal is kept or harbored.

(g)        Causes unsanitary conditions in enclosures orsurroundings where the animal is kept or harbored;

(h)        Is offensive or dangerous to the public health,safety, or welfare by virtue Of the number and/or types of animals maintained;

(i)         Attacks other domestic animals; or

(j)         Has been found by the board of mayor and Alderpersons,after notice to its owner and a heaiing, to be a public nuisance animal byvirtue of being a menace to the public health, welfare and safety.

(12)       Restraintmeans Any animal, except a vicious animal, secured by a leash or lead under thecontrol of a responsible person and obedient to that person's commands, orwithin the real property limits of its owner.

(13)       Veterinaryhospital means Any establishment maintained and operated by a licensedveterinarian for surgery, diagnosis, and treatment ofdiseases and injuriesofanimals.

(14)       Viciousanimal means Any animal that attacks, bites or injures human beings ordomesticated animals without adequate provocation, or which, because oftemperament, conditioning, or training, has a known propensity to attack, bite,or injure human beings or domesticated animals.

(15)       Wild animalmeans Any living member ofthe animal kingdom, including those born or raised incaptivity, except the following: human beings, domestic dogs (excluding hybridswith wolves, coyotes or jackals), domestic cats (excluding hybrids with

ANIMALSRUNNING A LARGE

SECTION ONEO IDENTIFICATION

Evay Anirnal in the City Of            which is     shall befitted with a collar and/or tag which '&ntifies                and tel.hone number or its owner

SECTION nvo. PROHIBITION

(t shall bea violation Of this (Ydinatre for any o.r allow any animal he. she or it ownsto be an Animal at Large and either (a) fail to have on Its neck theidentifytng collar and/or tag as required by this Ordinance or (b) to be apublic nutsance as denned herein.

SECI'ION THREE. LIABILITY

Every owner who allows his, her or its animals to bean Animal at Large shall have personal liability for any damage caused by saidanimal and it shall be a rebuttable presumption that the owner of any suchanimal was negligent in not securing said animal,

ARTICLE IV DANGEROUS ANIMALS

SECTION ONE. PROHIBITION AGAINST OWNERSHIP

It Shall be a violation ofthis Ordinance for any ownerto possess a Dangerous Animal unless that owner shall first obtain a permitfrom the City Clerk for possession and ownership of a dangerous animal.

   SECTIONTwo. REGISTRATION

Prior to applying for a dangerous animal permit, eachowner shall comply with the requirements of this Ordinance and provide proof ofsuch compliance to the City Clerk. Upon satisfactory proof ofcompliance andpayment of fees, the Clerk shall issue up to two dangerous animal permits to aowner.

SECTION THREE. PEN OR ENCLOSURE

Each owner ofa dangerous animal shall provide a securefence or pen for such animal which fence or pen shall be not less than fivefeet in height and of sufficient strength to contain the animal(s). All foursides of the pen or fenced area shall have signs posted warning of a dangerousdog or other animal.

SECTION FOUR. LIABILITY INSURANCE

Each owner of a dangerous animal shall maintain a policy of liabilityinsurance with a carrier licensed to do business in the State of Mississippiwhich policy shall expressly provide that it will cover claims arising out ofanimal bites from either all breeds of animals or the specific breed owned bythe owner. The minimum limits of liability coverage under any such policy shallbe $500,000.00 per occurence.

SECTION FIVE. FEES

The annualfee for a dangerous animal permit shall be S 100.00 per animal.

Anna E v

RABIESCONTROL

It •hall the duty or the ofevery within city, five (3)months of age or over. to have such dog vaccmatal rab•es annually with anapproved dosage of an approved antlrnbtc vaccme pmperly administered by onelegal'y authorized to adrmnjster the same. The owner shall either keep safelyat home or attach to the dog's collar a metal tag approved by the state boardof health With the senal number of the vaccination and the year in which thedog was inoculat«f stamped thermn. The collar with the tag attached theretoshall be worn by the dog at all times or, in the event that the owner keeps thetags in his home, the tags shall be presented to any police officer or otherappropriate official upon request.

ARTICLE VI

KILLING OFDANGEROUS ANIMALS

When any dangerous animal. in the judgment of anypolice officer, animal control officer, or other designated official orrepresentative of the city, poses a serious and immediate threat of seriousharm or injury to human life, it shall be the lawful duty of such officer orofficial to kill such animal, without requiring such officer or official tocatch, restrain or impound such animal.

ARTICLE Vll

NEGLECr OF AND CRUELTY TO ANIMALS

SECTION ONE. NEGLECT

No ownershall fail to provide his animals with sufficient wholesome and nutritiousfood, water in sufficient quantities, proper air, shelter space and protectionfrom the weather, veterinary care when needed to prevent suffering, and humanecare and treatment.

SECTION TWO. CRUELTY

No person shall cruelly ill-treat, torment, orotherwise abuse an animal, or cause, instigate, or permit any dogfight,cockfight, bullfight, or other combat between animals or between animals andhumans.

ARTICLE

PENALTIES

Each day ofviolation shall be a separate offense underthis Ordinance. Every owner or other person found to be in violation of thisOrdinance shall be charged in municipal court and, if convicted, punished asfollows:

First Offense:

A fine ofnot less than twenty five dollars  ($25.00) and not more than two hundred dollars ($200.00).

Second Offense:

A fine of not less than one hundred dollars ($100.00) and not more  than five hundred dollars ($500.00) and not more than thirty days in the  County Jail.

any thereofor

ca•. if my, wtære its application would beunconstitutional. A constitutional construction is

shall given.

ARTICLE X

CONTINUINGEVALUATION.

( ) After one (I) year, but no longer than eighteen(18) months after the implementation of this ordinance, the chief Of policeshall provide the governing authority with a report concerning the effect ofthis ordinance on dog bites and other animal attacks, including statisticaldata pertaining to citations issued and prosecutions hereunder, and such otherinformation as the board may request.

(2) After receipt of the police chiefs report by theBoard of Alderpersons, the City clerk shall place the matter on the City agendafor discussion, review, and continuing evaluation, and the Mayor and Boardshall consider the following:

a.         The practicality of enforcing this ordinance and anyproblems with enforcement identified by the police department;

b.         The impact of this ordinance on dog bites and animalattacks and the need, if any, for amending this ordinance to accomplish the purposesherein recited or repealing this ordinance if any such action is deemedwarranted by the governing authority.

ARTICLE

EFFECTIVEDATE OF ORDINANCE

SECTION 1. NOTICE

This Ordinance shall be certified by the City Clerk,signed by the Mayor and a majority ofall members of the Board of Alderpersons,recorded in the Ordinance book, and published at least one (I) time in theHolmes County Herald, a newspaper within Holmes County, Mississippi, havinggeneral cirullation in the City of Durant.

SECTION 2. EFFECTIVE DATE OF ORDINANCE

This Ordinance shall become effective one (I) monthafter its passage and upon publication in the time and manner prescribed bylaw.

SECTION 3.

The above Ordinance having been first reduced towriting, was read and considered, and upon proper motion by AlderpersonRobinson, was seconded by Alderman Latiker, and then considered and then votedupon, Section by Section, and then as a whole on the following yea and nayvotes on each and all the sections and upon the Ordinance in its entirety:

                                                                                                     YEA               NAY                ABSTAIN

                            WARD ONE                                                    x

                           WARD TWO                                                    x

                        WARD THREE                                               x

                         WARD FOUR                                                   x

                        WARD FIVE                                                     x

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The Mayor then decreed this Ordinance duly passed and adoptedon this the 4^th day of January, 2011.

ROBERT JOHNSON, Mayor ATTEST:

BARBARA FREEMAN, City Clerk

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