AN ORDINANCE REGULATING THE CONTROL OF ANIMALS, THE VACCINATION OF ANIMALS, THE IMPOUNDING OF ANIMALS, THE POSSESSION OF ANIMALS, AND PROVIDING FOR VIOLATIONS AND RELATED ISSUES THEREOF
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ORDINANCE NUMBER 351 AN AMENDMENT to the Animal Control Ordinance Number 329, an ordinance regulating the control of animals, the vaccination of animals, the impounding of animals, the possession of animals, and providing for violations and related issues thereof.
Be it ordered by the Mayor and Board of Aldermen of the City of Louisville, Winston County, Mississippi, that the following amendments be made to Ordinance Number 329:
SECTION 1, e, 9: There shall be a three dog limit on outside dogs over the age of eight weeks old, per residence in the CITY OF LOUISVILLE. If any resident in the CITY OF LOUISVILLE wishes to have more than the three (3) dog limit, they may apply for a special permit from the LOUISVILLE ANIMAL CONTROL.
SECTION 1, c, 2: Animals cannot be chained or tied as a means of keeping the animal from roaming at large. All animals must be kept in pens or homes.
Add to SECTION 2, a: All dogs shall be required to wear collars that contain the owner’s identification (phone number and address) at all times.
The above and foregoing was first reduced to writing, read and considered by section, then read and considered as a whole and adopted, with the Aldermen voting as follows: Frances S. Ball aye, Richard R. Caperton aye, Judy H. McLeod aye, Gwenita Mays aye, Eugene Crosby aye.
Adopted this the 20th day of July 2010.
Will Hill, Mayor
Attest: Babs W. Fulton, City Clerk
ORDINANCE NUMBER 329
AN ORDINANCE REGULATING THE CONTROL OF ANIMALS, THE VACCINATION OF ANIMALS, THE IMPOUNDING OF ANIMALS, THE POSSESSION OF ANIMALS, AND PROVIDING FOR VIOLATIONS AND RELATED ISSUES THEREOF
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Whereas it is the duty of every owner of any animal, or anyone having any animal in his or her possession or custody, to provide the animal with appropriate humane living conditions and adequate veterinary care. It is also the duty of every owner, possessor, or custodian of animals to exercise reasonable care and to take all necessary steps and precautions to protect other people, property, and animals from injuries or damage which might result from their animals' behavior, regardless of the motivation or intent of said animal and regardless of whether such behavior is motivated by mischievousness, playfulness, or ferocity. In the event the owner, keeper, or possessor of animals is a minor, the parent, guardian, or custodian of such minor will be responsible to ensure that all provisions of this ordinance are complied with and for any penalties or violations. All persons who own or possess animals within the city limits of the City of Louisville do so according to the terms and conditions of this ordinance and all rights of such persons are predicated upon compliance with this and any other applicable ordinances.
BE IT ORDAINED BY THE MAYOR AND BOARD OF ALDERMEN OF THE CITY OF LOUISVILLE, MISSISSIPPI, AS FOLLOWS:
Section 1. Definitions(a) The term "animal" whenever used in this ordinance shall
be held to apply to both male and female and without regard to age or size.
(b) Any person over the age of eighteen (18) years who shall
harbor or permit an animal for ten (10) days or more to let the same habitually remain to be fed for a period of ten days or more in or about his/her house, store, or other location shall be deemed the "owner, possessor, or custodian" of said animal, and shall be liable under this ordinance. Any person under age eighteen (18) in possession of an animal shall have his or her guardian, parent or custodian stand fully responsible for his or her compliance with this ordinance as the "owner, possessor or custodian" of said animals and any penalties for non-compliance.
(c) Any animal shall be deemed to be "running at large" if
it is at any time off the premises of the owner, possessor, or custodian, and it shall not be sufficient that said animal is trained to obey the commands of its owner, possessor, or custodian of that it is momentarily or accidentally off the premises of the owner, possessor, or custodian, or that said owner, possessor, or custodian is not aware that said animal was off his or her premises or that said animal is very young or known to be harmless except that said animal shall not be deemed "running at large" if it be controlled as follows at all times while off the premises of the owner, possessor, or custodian as follows:
(1) If enclosed in an adequately ventilated cage, pen,
vehicle, trailer, or other enclosure suitable to prevent escape of said animal and of sufficient size as not to be overcrowded;
(2) If said animal is bodily carried by a person who is
capable of controlling and restraining said animal;
(3) An animal is not "running at large" if under voice
control as direct control when the animal is actually participating in organized group training or is in an official showing, obedience, or field event.
(d) Electronic animal confinement system shall mean a
commercially produced and professionally installed electronic fence which requires an electrically generated perimeter which is not readily visible, and that the animal within the perimeter shall wear an electronic collar which produces an electric shock to the animal when the perimeter is approached too closely.
(e) Abused animal means any animal which is any of the
following:
(1) mistreated, beaten, tormented or teased whether
resulting in death or not,
(2) deprived of water, food or shelter,
(3) kept under unsanitary conditions,
(4) abandoned,
(5) trained, bred, or sold for fighting other animals,
(6) transported unrestrained in open air vehicles,
(7) transported in the trunk of any vehicle,
(8) left unattended in a vehicle in extreme heat
without proper ventilation,
(9) is overcrowded in its habitat such as, but
not limited to, too many dogs in one yard to be determined on a case by case basis.
Dangerous Animals: The following animals are hereby
found and determined to be dangerous animals and as such are subject to all requirements and provisions of this ordinance and more particular restraints on dangerous animals:
(10) 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 an apparent 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 or herself peaceably and lawfully;
(b) Without provocation, bites, inflicts injury,
assaults or otherwise attacks a person in any place where such person is conducting himself or herself peaceably and lawfully whether on public or private property, or attacks another animal when such animal is not on the property of the owner, possessor, or custodian of the attacking animal;
(c) A known propensity, tendency or disposition to
attack without provocation, to cause injury to or 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 or being sold, bred, or maintained as a fighting animal.
(2)For the purposes of this ordinance, a person shall
be considered to be peaceably and lawfully upon the private property of an owner, possessor, or custodian of an animal when he or she is on such property in the performance of any duty imposed upon him or her by any laws or postal regulations of the United States, of the State of Mississippi, or any political subdivision thereof or when he or she is on such property upon invitation, expressed or implied, by law or by the owner, possessor, or custodian of said animal or of said premises.
(3)The provisions of this ordinance 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 trespass or other tort upon the person or premises occupied by the person owning, or in possession, or in custody of the animal, or teasing, tormenting, abusing or assaulting the animal, or committing or attempting to commit a crime or ordinance violation.
(b) Inflicts injury or damage on another domestic
animal that is or was teasing, tormenting, abusing or assaulting the animal or its young.
(c) Takes any action to defend or protect a human
being within the immediate vicinity of the animal from an unjustified attack or assault.
(4) Unless specifically stated to the contrary,
the following are exempt from the definition of Dangerous Animals:
(a) Dogs or other animals assisting a peace
officer or other law enforcement officer engaged in law enforcement duties; and
(b) 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.
Section 2. Restrictions on owning, harboringor keeping any animal.
It shall be unlawful for any person to own, harbor, possess or keep any animal within the corporate limits of the City of Louisville, Mississippi, except in compliance with the provisions of this ordinance and the following specific provisions:
(a) All dogs and cats within the city above three (3)
months of age shall be vaccinated for rabies. An additional vaccination is to be administered at fifteen (15) months of age and subsequently thereafter in compliance with Mississippi state law. Dogs and cats shall wear, at all times, a tag provided by the vaccinating veterinarian indicating such vaccination. All animals shall be vaccinated as required by the Mississippi State Board of Health and this ordinance shall automatically conform with and to any changes in required vaccinations of all animals by said State Department of Health and/or state law as may subsequently change from time to time.
(b) It shall be the duty of every owner of any animal, or
anyone having possession or custody of any animal, to ensure that the animal is kept under restraint and that reasonable care and precautions are taken to prevent the animal from leaving, while unattended, the property limits of its owner, possessor or custodian, and to ensure that:
(1) the animal is securely and humanely enclosed within
a house, building, fence, pen or other enclosure out of which it cannot climb, dig, jump or otherwise escape on its own. Such enclosure must be securely locked at any time the animal is left unattended;
(2) the animal is on a leash, as defined in Section 1,
and under the control of a competent person, and that person is present with the animal any time it is not restrained while on the owner's property.
(3) No animal shall be tethered in public areas and
must be on a leash in public areas when with owner.
(c) An electronic animal confinement system shall be
considered an acceptable enclosure when:
(1) the equipment is maintained and in continuous
working order, and the animal to be contained within wears the appropriate electronic collar when within the fence perimeters;
(2) the equipment must include a battery backup to
ensure an electric current to the underground wiring in the event of a power failure; and
(3) on each side of the property, permanent and
prominently displayed signs are posted on the outer perimeter of the electronic animal confinement system. The signs shall be no smaller than eighteen (18) inches square, one on every side of the property, and shall read: "Animal(s) on this property are contained by an electronic animal confinement system."
(d) In cases when an animal has been deemed dangerous
by the city through court or enforcement officials, or has been trained to be a guard dog, then an electronic animal confinement system may not be used as either the primary or secondary fence or enclosure.
(e) Individuals who contain their animal(s) by means of an
electronic animal confinement system and are found in violation of the ordinance must contain thereafter the animal(s) in manners elsewhere in this ordinance.
Section 3. Health and safety; noisy and nuisanceanimals 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, 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, law enforcement, or humane officer, in the performance of his or her duties, may, if necessary, in order to catch an animal for the purpose of impounding it or subdue such animal, use such force and means as are necessary at the time in the sole and exclusive judgment of the described enforcement officer or officers. Necessary or common practices including, but not limited to, cropping of ears and docking of tails, are not considered maiming when performed by a licensed veterinarian.
(b) Any owner, possessor, 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. arising therefrom, and to prevent the presence or breeding of flies, mosquitoes and other pets therein and for the health of said animal. The animal shall, at all times, be provided with adequate shelter and protection from the elements including harsh sunlight. The enclosure shall provide the animal adequate exercise room, light, and ventilation and will not be overcrowded. The animal shall be provided a diet adequate in quantity and nutrition and at all times have free access to clean drinking water.
(c) It shall be unlawful for any owner, possessor, or keeper
of any animal to permit such animal or animals, by loud and persistent habitual barking, howling, yelping, or other loud sounds 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, yelping, or making other loud sounds, provided only that it shall be shown who has possession, care, custody or control of said animal or the premises where said animal is located or found be identified.
(d) It shall be unlawful for anyone to knowingly abandon or
abuse any domesticated animal within the city. Each person who knowingly abandons or abuses, or willingly permits such abandonment or abuse, or aids in the abandonment or abuse of any domesticated animal shall be guilty of an offense.
(e) It is illegal to command or signal an animal or
dangerous animal to attack a person or another animal. If this is done, the animal will immediately be declared dangerous if it has not been before. A verbal declaration by the enforcing officer will be all that is necessary to complete the declaration of dangerous animal. Impoundment will be immediate.
(f) It is a violation for the owner, possessor, or other
person having control or custody of any animal to allow such animal to frequently or habitually snarl at, growl at, jump upon, or threaten persons upon public sidewalks, roads, streets, alley, or public places or upon private property adjacent to where the animal is contained. Such animals shall be declared a nuisance and its owner, possessor, or custodian shall be held responsible. The animal may be impounded and may thereafter be dealt with under the dangerous animal provisions.
Section 4. Enforcement Responsibility(a) The police department, law enforcement officers, 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 police department, all other law enforcement officers, 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 summons and citations returnable to the municipal court or to any other proper authority for violations of this article. Such summons and citations shall have the same full force and effect as is issued by the police department of the city for other law enforcement purposes. The section on penalties also applies for purposes of enforcement responsibility.
(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 this ordinance, exercise the police power of the city in ordinance enforcement, and actively enforce this ordinance.
Section 5. 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 that 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. A "Beware of Dog (Animal)" sign is not a sufficient warning for the presence of a dangerous animal.
(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 any exemptions granted elsewhere in this
ordinance, 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, and to any premises utilizing dogs or other animals lawfully for guard of other purposes.
Section 6. Confinement of Dangerous Animals(a) All dangerous animals shall be kept confined within the
residence or other permanent building or structure on the premises of the owner or other person in possession or control of such animals or within an enclosure as herein defined.
(a) or person having possession or control of such animals, and not within the residence or other permanent building or structure, shall be confined within a fence or structure area of All dangerous animals kept on the premises of the owner
humanely at least four (5) feet in height (or taller, as necessary to or adequately contain the animal) forming a confined area sufficient to prevent the entry of young children and, effective in containing a dangerous animal. Such enclosure shall be securely closed and locked and equipped with secure sides as well as a top covering and bottom which 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 exclusive unilateral right to issue more specific confinement requirements in specific instances where enclosures prove to be or are likely to be, in the exclusive decision of the city, insufficient to prevent the escape of such animals or to prevent such animals from coming into contact with people adjacent to such enclosures.
(b) Such enclosure, fence or structure must be at least five
(5) feet from a 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.
(c) 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, possessor, or custodian unless the owner, possessor, or custodian is a minor and then the dangerous animal shall not be allowed outside unless under the direct control and supervision of an owner, possessor, or custodian who is at least eighteen (18) years of age and sufficiently able to restrain said animal.
(d) In lieu of the requirement that the fence or structure
area have a concrete bottom, the fence and 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, and if it is a burrowing animal, the concrete bottom is required.
(e) No dangerous animal will be allowed to be kept within
100 yards of a school, daycare, or other facility which provides services to children.
Section 7. Determination of Status, Impoundment;
Redemption or Disposition of Dangerous and Other Animals(a) Determination of dangerous animals is primarily a
complaint-driven process and citizens are encouraged to contact the City of Louisville Police Department or other enforcement officers concerning possible violations of the law. Any police officer or any other lawfully designated official or representative of the city shall have the right to enter any private property in the city 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 member of law enforcement or representative of the city, having cause to believe that an animal is dangerous or abused, shall conduct or cause to be conducted an investigation of the animal and the owner, possessor, or custodian shall have the opportunity to present evidence as to why the animal should not be determined to be dangerous or abused. The results of any investigation with respect to a particular animal shall not bar the city from investigating any subsequent actions of the animal.
Should any police officer, member of law enforcement, or
the designated official or representative of the city have reason to believe that an animal is vicious or dangerous and may pose a threat of imminent or serious harm to persons or other domestic animals or is abused, said officer or official may immediately seize and impound the animal pending an investigation as described herein. The decision of the enforcement official in seizing an animal prior to investigation shall be in the sole and exclusive judgment of the enforcing official subject to the then prompt post-seizure investigation and hearing.
(b) Any police officer or other lawfully designated
official, member of law enforcement, or representative of the city, upon complaint by any citizen or person, on his or her own initiative, may make inquiries to determine compliance with this ordinance and may seize and impound any animal found in apparent violation of any of its provisions. The first offense is sufficient for impoundment and the animals will remain impounded until the situation resulting in charges is remedied. The animals may be returned upon correcting the deficiency and upon order of the municipal court. The offending party shall reimburse the city the costs of care while impounded.
(c) 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 ordinance, then such animal may be apprehended and impounded by any police officer or other designated official(s) of the city or members of law enforcement, to be held or disposed of as herein provided for dangerous animals.
(d) If any such animal is so impounded, the same shall be
released to the documented owner, possessor, or custodian by having the dog vaccinated, if the dog has not been previously vaccinated. The owner shall pay twenty-five dollars ($25.00) for impounding the dog between the hours of 7:00 a.m. and 4:00 p.m. Monday through Friday, except legal holidays, and five dollars ($5.00) each day for keeping such dog. The fee for impounding any dog over the weekend which is between the hours of 4:00 p.m. on Friday and 7:00 a.m. on Monday and all legal holidays shall be fifty dollars ($50.00) and the boarding fee shall be five dollars ($5.00) per day.
(e) 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 or member of law enforcement may issue a citation for any violation of this ordinance to the person known to be the owner or be in possession or control of such animal. Any fines imposed by (e) above, shall be paid within three (3) working days of such citation or as set by the court. If such fine is not paid within the time prescribed, a criminal warrant may be issued for such person, who may, upon conviction of such offense before the municipal court, be punished as allowed by law for violation of city ordinances.
(f) 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) workings days or as set by the court, then any such animal so impounded may be destroyed or otherwise disposed of.
(g) All impounded dogs shall be kept in the City dog pound
or such other places as directed by the animal control office for five (5) days, unless earlier claimed. If an impounded dog has not been claimed within five (5) days, however, the dog shall be disposed of by execution in any humane manner or by adoption, upon an adoptee meeting the vaccination requirement set forth, having the animal spayed or neutered and paying the fees herein above set forth, plus, in the case of an adoption, an adoption fee of Ten Dollars ($10.00). The actual costs of the required vaccinations, spaying or neutering of the animal, and adoption fee shall be paid to The City of Louisville, Mississippi, prior to the animal being delivered to the adoptee. Any such adoption shall be at the discretion of the animal control officer and the party adopting said dog, shall sign an agreement releasing the City of Louisville from any liability, in any way, in connection with this animal.
(h) Appeals from orders of the Municipal Court shall be the
same as other appeals from Municipal Court.
Section 8. Registration, Requirements And Fees ofDangerous Animals(a) It shall be unlawful for any person to own, keep or
harbor a dangerous animal unless the animal is registered as provided by this section.
(b) The City Clerk shall issue such a certificate of
registration to the owner, keeper or harborer of such animal for one (1) year upon such person paying a fee of ten dollars ($10.00). The owner, keeper, or harborer of a dangerous animal must demonstrate to city officials the following:
(1) A proper enclosure to confine the animal and the
posting of the premises with a clearly visible warning sign that there is a dangerous animal on the premises.
(2) The animal has been vaccinated by a person granted
a permit to administer virus (vaccine) by the State Board of Health, as defined in Section 41-53-1, Mississippi State Code Annotated 1972, as amended with anti-rabies vaccination within four (4) weeks of the date of such application; and
(3) A surety bond issued by a surety to be approved by
the City Clerk in the sum of at least fifty thousand dollars ($50,000.00), payable to any person injured by such animal; or a policy of liability insurance, such as a homeowner policy, in the amount of at least fifty thousand ($50,000.00) insuring the owner for any personal injuries inflicted by such animal.
Section 9. Killing of Dangerous Animals; When Authorized When any dangerous animal, in the judgment of any police officer, member of law enforcement, or other designated official or representative of the city, poses a serious and immediate threat of serious harm or injury to human life, then 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 or give any notice whatsoever in the sole and exclusive judgment of said officer.
Section 10. Penalties(a) The failure or refusal of any person to comply with any
of the provisions of this ordinance 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 as follows:
(1) Any person who violates any provision of this
ordinance more than one time in a twelve month period shall be guilty of a misdemeanor and shall be punished by a fine of not less than fifty dollars ($50.00) and not more than five hundred dollars ($500.00) or to serve not more than ten (10) day in the city jail or both.
(2) In addition to the above, the court may order the
dog impounded until such time as the violator complies with all regulations. The costs of such impoundment shall be assessed in the same manner as court costs.
(3) If a license as required by Section 8 is not
obtained within ten (10) days of any such conviction, the court may order the dog to be humanely destroyed.
Section 11. Additional City Remedies For Violation(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, possessor, or custodian, whether or not such animal is leashed or muzzled and whether or not such animal escaped without the fault of the owner, possessor, or custodian, then the owner, possessor, or custodian of the animal shall be liable to the person injured or aggrieved for all damages sustained to be recovered in a civil action together with costs of suit, attorney fees, and payment of medical expenses. It is rebuttably presumed that, as a matter of law, that the owning, keeping, possession or harboring of a dangerous animal in violation of this ordinance is a nuisance and a danger. It shall not be necessary, in order to sustain such action, to prove that the owner, possessor, or custodian 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
ordinance, 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 ordinance shall be construed so as to
restrict any other remedies at law available to persons aggrieved by any attack of a vicious or dangerous 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
responsibilities for the City of Louisville be attacked by any dangerous animal or any other animal while engaged in the lawful performance of his or her official duties, any rights, privileges or services enjoyed by the residents of property on which the attack occurs or by the owner or possessor of such animal, at the sole and exclusive 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.
Section 12. Sick or Unhealthy Dogs Sick or unhealthy dogs may be disposed of within four (4) hours of impoundment.
Section 13. Severability, Conflict, EffectiveDate, and Publication(a) Severability. Should any section, clause,
paragraph, provision, or part of this ordinance for any reason be held invalid or unconstitutional by any court or competent jurisdiction, this act shall not affect the validity of any other section, clause, paragraph, provision, or part of this ordinance. All provisions of this ordinance shall be considered separate provisions, and completely severable from all other portions.
(b) Conflict. In any case where a provision of this
ordinance is found to be in conflict with a provision of any other ordinance or code of the City of Louisville, Mississippi, existing on the effective date of the ordinance, the provision so this ordinance shall take precedence.
(c) Effective Date. This ordinance shall take effect
and be enforced from and after its passage in the manner provided by law, on and after the 6th day of October, 2005.
(d) Publicity. The Municipal Clerk is instructed to
publish this ordinance one time in the Winston County Journal and to obtain proof of publication thereof.
The above and foregoing was first reduced to writing, read and considered by sections, then read and considered as a whole and adopted, with the Alderman voting as follows:
Alderwoman Frances Ball voted yea
Alderman Eugene Crosby voted yea
Alderwoman Bessie Love voted yea
Alderwoman Judy McLeod voted yea
Alderman Dickie Caperton voted yea
ADOPTED, this the 6th day of September,2005.
DANIEL E. YARBRGOUGH, SR.
MAYOR
ATTEST:
BABS W. FULTON, CITY CLERK
CERTIFICATE
I, Babs W. Fulton, duly qualified and acting City Clerk of
the City of Louisville, Mississippi, hereby certify that the above and foregoing Ordinance was duly adopted by the Mayor and Board of Alderman of the City of Louisville, Mississippi, in a regular meeting held on the _____ day of ________________, 2005.
Babs W. Fulton
Be it ordered by the Mayor and Board of Aldermen of the City of Louisville, Winston County, Mississippi, that the following amendments be made to Ordinance Number 329:
SECTION 1, e, 9: There shall be a three dog limit on outside dogs over the age of eight weeks old, per residence in the CITY OF LOUISVILLE. If any resident in the CITY OF LOUISVILLE wishes to have more than the three (3) dog limit, they may apply for a special permit from the LOUISVILLE ANIMAL CONTROL.
SECTION 1, c, 2: Animals cannot be chained or tied as a means of keeping the animal from roaming at large. All animals must be kept in pens or homes.
Add to SECTION 2, a: All dogs shall be required to wear collars that contain the owner’s identification (phone number and address) at all times.
The above and foregoing was first reduced to writing, read and considered by section, then read and considered as a whole and adopted, with the Aldermen voting as follows: Frances S. Ball aye, Richard R. Caperton aye, Judy H. McLeod aye, Gwenita Mays aye, Eugene Crosby aye.
Adopted this the 20th day of July 2010.
Will Hill, Mayor
Attest: Babs W. Fulton, City Clerk
ORDINANCE NUMBER 329
AN ORDINANCE REGULATING THE CONTROL OF ANIMALS, THE VACCINATION OF ANIMALS, THE IMPOUNDING OF ANIMALS, THE POSSESSION OF ANIMALS, AND PROVIDING FOR VIOLATIONS AND RELATED ISSUES THEREOF
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Whereas it is the duty of every owner of any animal, or anyone having any animal in his or her possession or custody, to provide the animal with appropriate humane living conditions and adequate veterinary care. It is also the duty of every owner, possessor, or custodian of animals to exercise reasonable care and to take all necessary steps and precautions to protect other people, property, and animals from injuries or damage which might result from their animals' behavior, regardless of the motivation or intent of said animal and regardless of whether such behavior is motivated by mischievousness, playfulness, or ferocity. In the event the owner, keeper, or possessor of animals is a minor, the parent, guardian, or custodian of such minor will be responsible to ensure that all provisions of this ordinance are complied with and for any penalties or violations. All persons who own or possess animals within the city limits of the City of Louisville do so according to the terms and conditions of this ordinance and all rights of such persons are predicated upon compliance with this and any other applicable ordinances.
BE IT ORDAINED BY THE MAYOR AND BOARD OF ALDERMEN OF THE CITY OF LOUISVILLE, MISSISSIPPI, AS FOLLOWS:
Section 1. Definitions(a) The term "animal" whenever used in this ordinance shall
be held to apply to both male and female and without regard to age or size.
(b) Any person over the age of eighteen (18) years who shall
harbor or permit an animal for ten (10) days or more to let the same habitually remain to be fed for a period of ten days or more in or about his/her house, store, or other location shall be deemed the "owner, possessor, or custodian" of said animal, and shall be liable under this ordinance. Any person under age eighteen (18) in possession of an animal shall have his or her guardian, parent or custodian stand fully responsible for his or her compliance with this ordinance as the "owner, possessor or custodian" of said animals and any penalties for non-compliance.
(c) Any animal shall be deemed to be "running at large" if
it is at any time off the premises of the owner, possessor, or custodian, and it shall not be sufficient that said animal is trained to obey the commands of its owner, possessor, or custodian of that it is momentarily or accidentally off the premises of the owner, possessor, or custodian, or that said owner, possessor, or custodian is not aware that said animal was off his or her premises or that said animal is very young or known to be harmless except that said animal shall not be deemed "running at large" if it be controlled as follows at all times while off the premises of the owner, possessor, or custodian as follows:
(1) If enclosed in an adequately ventilated cage, pen,
vehicle, trailer, or other enclosure suitable to prevent escape of said animal and of sufficient size as not to be overcrowded;
(2) If said animal is bodily carried by a person who is
capable of controlling and restraining said animal;
(3) An animal is not "running at large" if under voice
control as direct control when the animal is actually participating in organized group training or is in an official showing, obedience, or field event.
(d) Electronic animal confinement system shall mean a
commercially produced and professionally installed electronic fence which requires an electrically generated perimeter which is not readily visible, and that the animal within the perimeter shall wear an electronic collar which produces an electric shock to the animal when the perimeter is approached too closely.
(e) Abused animal means any animal which is any of the
following:
(1) mistreated, beaten, tormented or teased whether
resulting in death or not,
(2) deprived of water, food or shelter,
(3) kept under unsanitary conditions,
(4) abandoned,
(5) trained, bred, or sold for fighting other animals,
(6) transported unrestrained in open air vehicles,
(7) transported in the trunk of any vehicle,
(8) left unattended in a vehicle in extreme heat
without proper ventilation,
(9) is overcrowded in its habitat such as, but
not limited to, too many dogs in one yard to be determined on a case by case basis.
Dangerous Animals: The following animals are hereby
found and determined to be dangerous animals and as such are subject to all requirements and provisions of this ordinance and more particular restraints on dangerous animals:
(10) 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 an apparent 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 or herself peaceably and lawfully;
(b) Without provocation, bites, inflicts injury,
assaults or otherwise attacks a person in any place where such person is conducting himself or herself peaceably and lawfully whether on public or private property, or attacks another animal when such animal is not on the property of the owner, possessor, or custodian of the attacking animal;
(c) A known propensity, tendency or disposition to
attack without provocation, to cause injury to or 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 or being sold, bred, or maintained as a fighting animal.
(2)For the purposes of this ordinance, a person shall
be considered to be peaceably and lawfully upon the private property of an owner, possessor, or custodian of an animal when he or she is on such property in the performance of any duty imposed upon him or her by any laws or postal regulations of the United States, of the State of Mississippi, or any political subdivision thereof or when he or she is on such property upon invitation, expressed or implied, by law or by the owner, possessor, or custodian of said animal or of said premises.
(3)The provisions of this ordinance 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 trespass or other tort upon the person or premises occupied by the person owning, or in possession, or in custody of the animal, or teasing, tormenting, abusing or assaulting the animal, or committing or attempting to commit a crime or ordinance violation.
(b) Inflicts injury or damage on another domestic
animal that is or was teasing, tormenting, abusing or assaulting the animal or its young.
(c) Takes any action to defend or protect a human
being within the immediate vicinity of the animal from an unjustified attack or assault.
(4) Unless specifically stated to the contrary,
the following are exempt from the definition of Dangerous Animals:
(a) Dogs or other animals assisting a peace
officer or other law enforcement officer engaged in law enforcement duties; and
(b) 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.
Section 2. Restrictions on owning, harboringor keeping any animal.
It shall be unlawful for any person to own, harbor, possess or keep any animal within the corporate limits of the City of Louisville, Mississippi, except in compliance with the provisions of this ordinance and the following specific provisions:
(a) All dogs and cats within the city above three (3)
months of age shall be vaccinated for rabies. An additional vaccination is to be administered at fifteen (15) months of age and subsequently thereafter in compliance with Mississippi state law. Dogs and cats shall wear, at all times, a tag provided by the vaccinating veterinarian indicating such vaccination. All animals shall be vaccinated as required by the Mississippi State Board of Health and this ordinance shall automatically conform with and to any changes in required vaccinations of all animals by said State Department of Health and/or state law as may subsequently change from time to time.
(b) It shall be the duty of every owner of any animal, or
anyone having possession or custody of any animal, to ensure that the animal is kept under restraint and that reasonable care and precautions are taken to prevent the animal from leaving, while unattended, the property limits of its owner, possessor or custodian, and to ensure that:
(1) the animal is securely and humanely enclosed within
a house, building, fence, pen or other enclosure out of which it cannot climb, dig, jump or otherwise escape on its own. Such enclosure must be securely locked at any time the animal is left unattended;
(2) the animal is on a leash, as defined in Section 1,
and under the control of a competent person, and that person is present with the animal any time it is not restrained while on the owner's property.
(3) No animal shall be tethered in public areas and
must be on a leash in public areas when with owner.
(c) An electronic animal confinement system shall be
considered an acceptable enclosure when:
(1) the equipment is maintained and in continuous
working order, and the animal to be contained within wears the appropriate electronic collar when within the fence perimeters;
(2) the equipment must include a battery backup to
ensure an electric current to the underground wiring in the event of a power failure; and
(3) on each side of the property, permanent and
prominently displayed signs are posted on the outer perimeter of the electronic animal confinement system. The signs shall be no smaller than eighteen (18) inches square, one on every side of the property, and shall read: "Animal(s) on this property are contained by an electronic animal confinement system."
(d) In cases when an animal has been deemed dangerous
by the city through court or enforcement officials, or has been trained to be a guard dog, then an electronic animal confinement system may not be used as either the primary or secondary fence or enclosure.
(e) Individuals who contain their animal(s) by means of an
electronic animal confinement system and are found in violation of the ordinance must contain thereafter the animal(s) in manners elsewhere in this ordinance.
Section 3. Health and safety; noisy and nuisanceanimals 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, 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, law enforcement, or humane officer, in the performance of his or her duties, may, if necessary, in order to catch an animal for the purpose of impounding it or subdue such animal, use such force and means as are necessary at the time in the sole and exclusive judgment of the described enforcement officer or officers. Necessary or common practices including, but not limited to, cropping of ears and docking of tails, are not considered maiming when performed by a licensed veterinarian.
(b) Any owner, possessor, 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. arising therefrom, and to prevent the presence or breeding of flies, mosquitoes and other pets therein and for the health of said animal. The animal shall, at all times, be provided with adequate shelter and protection from the elements including harsh sunlight. The enclosure shall provide the animal adequate exercise room, light, and ventilation and will not be overcrowded. The animal shall be provided a diet adequate in quantity and nutrition and at all times have free access to clean drinking water.
(c) It shall be unlawful for any owner, possessor, or keeper
of any animal to permit such animal or animals, by loud and persistent habitual barking, howling, yelping, or other loud sounds 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, yelping, or making other loud sounds, provided only that it shall be shown who has possession, care, custody or control of said animal or the premises where said animal is located or found be identified.
(d) It shall be unlawful for anyone to knowingly abandon or
abuse any domesticated animal within the city. Each person who knowingly abandons or abuses, or willingly permits such abandonment or abuse, or aids in the abandonment or abuse of any domesticated animal shall be guilty of an offense.
(e) It is illegal to command or signal an animal or
dangerous animal to attack a person or another animal. If this is done, the animal will immediately be declared dangerous if it has not been before. A verbal declaration by the enforcing officer will be all that is necessary to complete the declaration of dangerous animal. Impoundment will be immediate.
(f) It is a violation for the owner, possessor, or other
person having control or custody of any animal to allow such animal to frequently or habitually snarl at, growl at, jump upon, or threaten persons upon public sidewalks, roads, streets, alley, or public places or upon private property adjacent to where the animal is contained. Such animals shall be declared a nuisance and its owner, possessor, or custodian shall be held responsible. The animal may be impounded and may thereafter be dealt with under the dangerous animal provisions.
Section 4. Enforcement Responsibility(a) The police department, law enforcement officers, 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 police department, all other law enforcement officers, 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 summons and citations returnable to the municipal court or to any other proper authority for violations of this article. Such summons and citations shall have the same full force and effect as is issued by the police department of the city for other law enforcement purposes. The section on penalties also applies for purposes of enforcement responsibility.
(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 this ordinance, exercise the police power of the city in ordinance enforcement, and actively enforce this ordinance.
Section 5. 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 that 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. A "Beware of Dog (Animal)" sign is not a sufficient warning for the presence of a dangerous animal.
(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 any exemptions granted elsewhere in this
ordinance, 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, and to any premises utilizing dogs or other animals lawfully for guard of other purposes.
Section 6. Confinement of Dangerous Animals(a) All dangerous animals shall be kept confined within the
residence or other permanent building or structure on the premises of the owner or other person in possession or control of such animals or within an enclosure as herein defined.
(a) or person having possession or control of such animals, and not within the residence or other permanent building or structure, shall be confined within a fence or structure area of All dangerous animals kept on the premises of the owner
humanely at least four (5) feet in height (or taller, as necessary to or adequately contain the animal) forming a confined area sufficient to prevent the entry of young children and, effective in containing a dangerous animal. Such enclosure shall be securely closed and locked and equipped with secure sides as well as a top covering and bottom which 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 exclusive unilateral right to issue more specific confinement requirements in specific instances where enclosures prove to be or are likely to be, in the exclusive decision of the city, insufficient to prevent the escape of such animals or to prevent such animals from coming into contact with people adjacent to such enclosures.
(b) Such enclosure, fence or structure must be at least five
(5) feet from a 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.
(c) 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, possessor, or custodian unless the owner, possessor, or custodian is a minor and then the dangerous animal shall not be allowed outside unless under the direct control and supervision of an owner, possessor, or custodian who is at least eighteen (18) years of age and sufficiently able to restrain said animal.
(d) In lieu of the requirement that the fence or structure
area have a concrete bottom, the fence and 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, and if it is a burrowing animal, the concrete bottom is required.
(e) No dangerous animal will be allowed to be kept within
100 yards of a school, daycare, or other facility which provides services to children.
Section 7. Determination of Status, Impoundment;
Redemption or Disposition of Dangerous and Other Animals(a) Determination of dangerous animals is primarily a
complaint-driven process and citizens are encouraged to contact the City of Louisville Police Department or other enforcement officers concerning possible violations of the law. Any police officer or any other lawfully designated official or representative of the city shall have the right to enter any private property in the city 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 member of law enforcement or representative of the city, having cause to believe that an animal is dangerous or abused, shall conduct or cause to be conducted an investigation of the animal and the owner, possessor, or custodian shall have the opportunity to present evidence as to why the animal should not be determined to be dangerous or abused. The results of any investigation with respect to a particular animal shall not bar the city from investigating any subsequent actions of the animal.
Should any police officer, member of law enforcement, or
the designated official or representative of the city have reason to believe that an animal is vicious or dangerous and may pose a threat of imminent or serious harm to persons or other domestic animals or is abused, said officer or official may immediately seize and impound the animal pending an investigation as described herein. The decision of the enforcement official in seizing an animal prior to investigation shall be in the sole and exclusive judgment of the enforcing official subject to the then prompt post-seizure investigation and hearing.
(b) Any police officer or other lawfully designated
official, member of law enforcement, or representative of the city, upon complaint by any citizen or person, on his or her own initiative, may make inquiries to determine compliance with this ordinance and may seize and impound any animal found in apparent violation of any of its provisions. The first offense is sufficient for impoundment and the animals will remain impounded until the situation resulting in charges is remedied. The animals may be returned upon correcting the deficiency and upon order of the municipal court. The offending party shall reimburse the city the costs of care while impounded.
(c) 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 ordinance, then such animal may be apprehended and impounded by any police officer or other designated official(s) of the city or members of law enforcement, to be held or disposed of as herein provided for dangerous animals.
(d) If any such animal is so impounded, the same shall be
released to the documented owner, possessor, or custodian by having the dog vaccinated, if the dog has not been previously vaccinated. The owner shall pay twenty-five dollars ($25.00) for impounding the dog between the hours of 7:00 a.m. and 4:00 p.m. Monday through Friday, except legal holidays, and five dollars ($5.00) each day for keeping such dog. The fee for impounding any dog over the weekend which is between the hours of 4:00 p.m. on Friday and 7:00 a.m. on Monday and all legal holidays shall be fifty dollars ($50.00) and the boarding fee shall be five dollars ($5.00) per day.
(e) 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 or member of law enforcement may issue a citation for any violation of this ordinance to the person known to be the owner or be in possession or control of such animal. Any fines imposed by (e) above, shall be paid within three (3) working days of such citation or as set by the court. If such fine is not paid within the time prescribed, a criminal warrant may be issued for such person, who may, upon conviction of such offense before the municipal court, be punished as allowed by law for violation of city ordinances.
(f) 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) workings days or as set by the court, then any such animal so impounded may be destroyed or otherwise disposed of.
(g) All impounded dogs shall be kept in the City dog pound
or such other places as directed by the animal control office for five (5) days, unless earlier claimed. If an impounded dog has not been claimed within five (5) days, however, the dog shall be disposed of by execution in any humane manner or by adoption, upon an adoptee meeting the vaccination requirement set forth, having the animal spayed or neutered and paying the fees herein above set forth, plus, in the case of an adoption, an adoption fee of Ten Dollars ($10.00). The actual costs of the required vaccinations, spaying or neutering of the animal, and adoption fee shall be paid to The City of Louisville, Mississippi, prior to the animal being delivered to the adoptee. Any such adoption shall be at the discretion of the animal control officer and the party adopting said dog, shall sign an agreement releasing the City of Louisville from any liability, in any way, in connection with this animal.
(h) Appeals from orders of the Municipal Court shall be the
same as other appeals from Municipal Court.
Section 8. Registration, Requirements And Fees ofDangerous Animals(a) It shall be unlawful for any person to own, keep or
harbor a dangerous animal unless the animal is registered as provided by this section.
(b) The City Clerk shall issue such a certificate of
registration to the owner, keeper or harborer of such animal for one (1) year upon such person paying a fee of ten dollars ($10.00). The owner, keeper, or harborer of a dangerous animal must demonstrate to city officials the following:
(1) A proper enclosure to confine the animal and the
posting of the premises with a clearly visible warning sign that there is a dangerous animal on the premises.
(2) The animal has been vaccinated by a person granted
a permit to administer virus (vaccine) by the State Board of Health, as defined in Section 41-53-1, Mississippi State Code Annotated 1972, as amended with anti-rabies vaccination within four (4) weeks of the date of such application; and
(3) A surety bond issued by a surety to be approved by
the City Clerk in the sum of at least fifty thousand dollars ($50,000.00), payable to any person injured by such animal; or a policy of liability insurance, such as a homeowner policy, in the amount of at least fifty thousand ($50,000.00) insuring the owner for any personal injuries inflicted by such animal.
Section 9. Killing of Dangerous Animals; When Authorized When any dangerous animal, in the judgment of any police officer, member of law enforcement, or other designated official or representative of the city, poses a serious and immediate threat of serious harm or injury to human life, then 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 or give any notice whatsoever in the sole and exclusive judgment of said officer.
Section 10. Penalties(a) The failure or refusal of any person to comply with any
of the provisions of this ordinance 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 as follows:
(1) Any person who violates any provision of this
ordinance more than one time in a twelve month period shall be guilty of a misdemeanor and shall be punished by a fine of not less than fifty dollars ($50.00) and not more than five hundred dollars ($500.00) or to serve not more than ten (10) day in the city jail or both.
(2) In addition to the above, the court may order the
dog impounded until such time as the violator complies with all regulations. The costs of such impoundment shall be assessed in the same manner as court costs.
(3) If a license as required by Section 8 is not
obtained within ten (10) days of any such conviction, the court may order the dog to be humanely destroyed.
Section 11. Additional City Remedies For Violation(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, possessor, or custodian, whether or not such animal is leashed or muzzled and whether or not such animal escaped without the fault of the owner, possessor, or custodian, then the owner, possessor, or custodian of the animal shall be liable to the person injured or aggrieved for all damages sustained to be recovered in a civil action together with costs of suit, attorney fees, and payment of medical expenses. It is rebuttably presumed that, as a matter of law, that the owning, keeping, possession or harboring of a dangerous animal in violation of this ordinance is a nuisance and a danger. It shall not be necessary, in order to sustain such action, to prove that the owner, possessor, or custodian 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
ordinance, 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 ordinance shall be construed so as to
restrict any other remedies at law available to persons aggrieved by any attack of a vicious or dangerous 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
responsibilities for the City of Louisville be attacked by any dangerous animal or any other animal while engaged in the lawful performance of his or her official duties, any rights, privileges or services enjoyed by the residents of property on which the attack occurs or by the owner or possessor of such animal, at the sole and exclusive 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.
Section 12. Sick or Unhealthy Dogs Sick or unhealthy dogs may be disposed of within four (4) hours of impoundment.
Section 13. Severability, Conflict, EffectiveDate, and Publication(a) Severability. Should any section, clause,
paragraph, provision, or part of this ordinance for any reason be held invalid or unconstitutional by any court or competent jurisdiction, this act shall not affect the validity of any other section, clause, paragraph, provision, or part of this ordinance. All provisions of this ordinance shall be considered separate provisions, and completely severable from all other portions.
(b) Conflict. In any case where a provision of this
ordinance is found to be in conflict with a provision of any other ordinance or code of the City of Louisville, Mississippi, existing on the effective date of the ordinance, the provision so this ordinance shall take precedence.
(c) Effective Date. This ordinance shall take effect
and be enforced from and after its passage in the manner provided by law, on and after the 6th day of October, 2005.
(d) Publicity. The Municipal Clerk is instructed to
publish this ordinance one time in the Winston County Journal and to obtain proof of publication thereof.
The above and foregoing was first reduced to writing, read and considered by sections, then read and considered as a whole and adopted, with the Alderman voting as follows:
Alderwoman Frances Ball voted yea
Alderman Eugene Crosby voted yea
Alderwoman Bessie Love voted yea
Alderwoman Judy McLeod voted yea
Alderman Dickie Caperton voted yea
ADOPTED, this the 6th day of September,2005.
DANIEL E. YARBRGOUGH, SR.
MAYOR
ATTEST:
BABS W. FULTON, CITY CLERK
CERTIFICATE
I, Babs W. Fulton, duly qualified and acting City Clerk of
the City of Louisville, Mississippi, hereby certify that the above and foregoing Ordinance was duly adopted by the Mayor and Board of Alderman of the City of Louisville, Mississippi, in a regular meeting held on the _____ day of ________________, 2005.
Babs W. Fulton
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