Whereas, several years have passed since the provisions of ordinances of the City of Horn Lake to prohibit dogs and cats from running at large and for related purposes enacted and conditions within the City have substantially changed since said time, and
Whereas, present conditions require that the Mayor and Board of Aldermen address the issue of animal and fowl control within the corporate limits, and
Whereas, the Mayor and Board of Aldermen find that the following regulations, prohibitions and standards are in the best interest of the citizens of the City of Horn Lake and contribute to the public safety, health and welfare of said citizens,
Therefore, be it ordained by the Mayor and Board of Aldermen of the City of Horn Lake as follows:
A. Animal – means any live, vertebrate creature, domestic or wild, except Homo sapiens.
B. Animal Control Division – means the review and enforcement authority under the supervision of the police department and empowered to administer this chapter.
C. Animal Control Officer – means any person designated by the city as an animal control officer or a police officer, who is qualified to perform such duties under the laws of this State.
D. Animal Shelter – means any facility operated by a humane society or municipal agency, or its authorized agents, for the purpose of impounding or caring for animals held under the authority of this chapter or state law.
E. Feral Dog – means a dog that has escaped from domestication and become wild, dangerous, or untamed.
F. Owner – means any person, partnership, or corporation owning, keeping or harboring one (1) or more animals. An animal shall be deemed to be “harbored” if it is fed or sheltered.
G. Performing-Animal Exhibition – means any spectacle, display, act, or event, other than a circus, in which performing animals are used.
H. Pet – means any animal kept for pleasure rather than utility.
I. Pet Store – is any place of business, which sells birds, fish, reptiles, or mammals intended for use as pets, however this shall not include commercial and hobby breeders.
J. Public Nuisance – means any animal which:
1. Molests passed-by or passing vehicles;
2. Attacks other animals;
3. Trespasses on school grounds, city parks, or private property;
4. Repeatedly runs at large;
5. Damages private or public property;
6. Barks, whines, screams or howls in an excessive, continuous, or untimely fashion; or
7. Defecates or frequently urinates on public property or private property of one other than its owner;
8. Is allowed by its owner to become a nuisance to people or other animals.
K. Restraint – means the condition of securing any animal, by leash or lead of less than six (6) feet, within the fenced real property limits of its owner, or by tethering such a way that the animal is within the real property limits of its owner.
L. Running at Large – describes any animal not under restraint.
M. Serious Injury - means any combination of bites, scratches or abrasions which may require suture(s) or other medical treatment.
N. Severe Injury - means an injury that includes any of the following:
1. Broken bones
2. Lacerations that require multiple sutures
3. Disfiguring lacerations
4. Lacerations which require cosmetic surgery
5. Multiple lacerations
O. Veterinary Hospital – means any establishment maintained and operated by a licensed veterinarian for surgery, diagnosis and treatment of diseases and injuries of animals.
P. Vicious Animal – means any animal, except dogs, that constitutes a threat to human beings or other animals.
Q. Vicious Dogs
1. Any dog which has shown a propensity, tendency, or disposition to attack when unprovoked, to cause injury or to otherwise endanger the safety of human beings or domestic animals.
2. Any dog which when unprovoked (a) bites, inflicts injury, assaults, or otherwise attacks a human being or domestic animal on public or private property, or (b) chases or approaches a person upon the streets, sidewalks or on any public grounds in a menacing or terrorizing manner or apparent attitude of attack.
3. Any dog, which is owned or harbored primarily or in part for the purpose of dog fighting or any dog, trained for dog fighting.
4. Notwithstanding the above, a dog may not be considered a vicious dog if an injury or damage its sustained by a person who, at the time of such injury or damage was committing a willful trespass or other tort upon the premises occupied by the owner of the dog, or was teasing tormenting, abusing, or assaulting the dog or was committing or attempting to commit a crime. A dog may not be considered vicious, if the dog was protecting or defending a human being, within the immediate vicinity of the dog, from an unjustified attack or assault.
P. Wild Animal – means any raccoon, bear, fox, poisonous snake, leopard, panther, tiger, lion, lynx, or any other warm blooded animal which can normally be found in the wild state and is not ordinarily domesticated by man, whether raise in captivity or in the wild.
Section 2. Police Department, Animal Control Officer to enforce Ordinance: Interfering with Prohibited
A. The civil and criminal provisions of this ordinance shall be enforced by the division of animal control and the city police department.
B. Any officer or animal control officer having probable cause that a person has violated a section of this ordinance may in lieu of obtaining a misdemeanor warrant for arrest of such person, issue to said person a written citation requiring said person to appear at a date and time in the municipal court to answer to the charge or charges specified in the citation.
C. It shall be a violation of this ordinance to interfere with an animal control officer in the performance of his/her duties.
Section 3. Violations and penalties
Any person violating any provision of this ordinance shall be deemed guilty of a misdemeanor and shall be punished by a fine of not less than fifty dollars ($50.00) nor more than one thousand dollars ($1,000.00) or imprisonment in the county jail not to exceed ninety (90) days, or by both such fine and imprisonment, unless otherwise provided for herein. Each day’s violation shall be deemed a separate offense.
Section 4. Cruelty to Animals, Fighting Animals, Etc
No person shall beat, cruelly ill-treat, torment, overload, overwork or otherwise abuse an animal, or cause, instigate, promote or permit any dog fight, cock fight, bull fight, or other combat between animals or between animals and humans, unless otherwise permitted by law. The animal control officer shall have the authority to take an abused animal into protective custody pending disposition of charges of cruelty or abuse against owner.
Section 5. Exposing to Poisons
No person shall expose any known poisonous substance, whether mixed with food or not, so that the same may be eaten by any animal; provided that it shall not be unlawful for a person to expose on his own property common pest-control poison mixed with only vegetable substances.
Section 6. Chopping Dog’s ears or Performing other Surgical Procedure
No person except a licensed veterinarian shall crop the ears of any dog or perform any surgical procedures on animals.
Section 7. Leaving Unattended Animals inside Motor Vehicles; Authority to Remove from Vehicle
It shall be unlawful to leave an animal unattended inside a motor vehicle when such action is potentially harmful to said animal. The division of animal control or any police officer shall have the authority to remove an animal from such a vehicle.
Section 8. Operator of Vehicle Striking Animal to Report Accident
Any person who, as the operator of a motor vehicle, strikes a domestic animal shall at once report the accident to the police department, the division of animal control or to the local humane society.
Section 9. Keeping of Animals with City Limits
A. Keeping animals, fowl neat residence prohibited; exception for dogs and cats.
It shall be unlawful for any person to keep or maintain any chickens, ducks, geese, turkeys or other domestic fowl of any kind, or any sheep, cattle, mules, goats, horses, or any other four-legged animal of any kind, within two hundred and fifty feet (250’) of any building or structure in the city used as a residence. The provisions of this section shall not apply to keeping and maintaining dogs and cats.
B. Swine Prohibited; Exception of Dealers
It shall be unlawful for any person to raise or keep hogs and pigs within the corporate limits of the city; provided that this section shall not apply to dealers in hogs and pigs who are hereby permitted to maintain hog and pig pens in areas zoned for such; provided, however, that such pens shall meet the sanitary requirements of the State Health Department.
C. Permit or allow more than four (4) domesticated animals, over the age of six (6) months, in any one yard or open premises of a residence of the owner of such animals or premises, at an one time, and said animals shall at all times be leashed or enclosed in a fence and shall not be permitted to run at large in violation of other provisions of this ordinance.
It shall be unlawful for any person to kill, wound, or injure in any manner whatsoever or to fire or shoot with a gun, pistol, arrow or any other deadly weapon or to throw any stone or other missile at or to catch or capture, or to set traps, or spread nets or snare, with intent to catch or capture any birds of any kind whatsoever, within the corporate limits of the city. It shall also be unlawful for a person to break, tear down, or destroy any bird’s nest or the eggs or other contents of the nest.
It shall be unlawful for any person who may own or have in his possession or control, any chicken, duck, turkey, goose, or other domestic fowl to intentionally, knowingly, carelessly or negligently permit any such domestic fowl to run at large within the corporate limits of the city.
It shall be unlawful for any person who may own or have in his possession or control any horse, mule, ox, cow, yearling, sheep, goat, or hog to intentionally, knowingly, carelessly or negligently permit such animals to run or be at large at any time within the corporate limits of the city. It shall also be unlawful for any person who may own or have in his possession or control any animal mentioned in this section to stake or tether such animal on any vacant property in the city adjacent to any street or sidewalk or so near thereto as to allow or permit such animal to be or go upon any sidewalk or street within the corporate limits of the city. Horses used by the police department shall be excluded from this prohibition.
A. For display or exhibition. No person shall keep or permit to be kept on his premises, or in any roadside zoo or pet store, any wild animal for display or for exhibition purposes, whether gratuitously or for a fee. This subsection shall not be construed to apply to zoological parks, petting zoos, performing animal exhibitions, or circuses.
B. As pets. No person shall keep or permit to be kept any leopard, cheetah, lion, tiger, panther, cougar, bear, coyote, wolf, alligator or crocodile or any wild animal in any area zoned residential (with the exception of the AR zone). Wild animals, harbored as pets, may be allowed in areas zoned A and AR where such is authorized by state or federal law.
C. Exotic Animals. No person shall keep or permit to be kept on his premises any exotic animals, such as, pot-belly pigs, ferrets, wolf hybrid, fainting goats, snaked, mini horses, etc., in any area zoned residential (with the exception of the AR zone), without first securing a special permit. The permits shall be obtained from the division of animal control. The supervisor of the division of animal control or his designee shall first inspect the premises and cages to be used for housing the animal. The fee for a permit under this section shall be $10.00.
D. Enforcement. The supervisor of the animal control shall have the power to release, order the release, or seize any wild animal being kept in violation of this ordinance, Federal Law or State Statue and shall notify the Mississippi Department of Wildlife.
E. Any owner of any wild animal that has owned and kept within the city limits for two (2) years or more, to continue to lawfully keep such animal, must within ninety (90) days of the effective date of this ordinance, apply for a special permit from the Supervisor of Animal Control, who shall before issuing said permit inspect the premises where such animal has been kept to ascertain if special precautions and confinement and proper care facilities are present and functioning and have been so present and utilized during said two year period and , if the premises meet with the approval of the supervisor and the owner agrees to continue such precautions which are in effect and submit to inspection upon two (2) days written notice from the supervisor, said special permit shall be issued. In this regard, the Animal Control Supervisor shall establish regulations for the confinement and proper care of any wild animal.
A. A vicious dog shall be securely confined indoors or confined in a securely enclosed and childproofed locked pen or structure upon the premises of the person owning or harboring same. Such pen or structure must have secure sides and a secure top. If the pen or structure has no bottom secured to the sides, the sides must be embedded in the ground no less than two (2) feet.
B. No person owning or harboring or having the care of a vicious dog shall suffer or permit such dog to go beyond the premises of such person unless such dog is securely leashed and muzzled, except that a vicious dog shall not be required to be muzzled when shown either in a sanctioned American Kennel Club show or upon prior approval of the Animal Control Supervisor. Such dog may not be leashed to inanimate object, e.g. trees, buildings, etc. and the muzzle must be sufficient to prevent such dog from biting persons or other animals.
C. No vicious dog may be kept on a porch or patio or any part of a house or structure that would allow the dog to exit such building on its own volition. In addition, no such animal may be kept in a house or structure when the windows are open or when screen windows or doors are the only obstacles preventing the dog from exiting the structure.
D. All owners, keeper or harborers of vicious dogs with the City shall within ten (1) day of the effective date of this ordinance display in a prominent place on their premises a sign easily readable by the public using such words as “Beware of Dog”. In addition a similar sign shall be posted on the kennel or pen of such animal. In addition, the owner shall conspicuously display a sign with a warning symbol that informs children of the presence of a Dangerous Dog.
E. The owner or harborer of any dog, which according to the records of the Animal Control Division, seriously, injuries a person without provocation or which has aggressively killed a domestic animal shall be required to provide public liability insurance in a single incident amount of $50,000.00 for bodily injury to or death of any person or persons or for damage to property resulting from the ownership, keeping or maintenance of such dog. Such insurance shall contain a provision that the same may not be cancelled until fifteen (15) days notice of cancellation has been given to the Animal Control Division.
F. Every vicious animal shall be confined by the owner within a building or secure enclosure and shall be securely muzzled or caged whenever off the premises of its owner.
G. The persons having the enforcement duty under this ordinance may enter the premises where a vicious dog or animal is kept for the purpose of inspection of the premises to ascertain whether such complies with the provisions of this ordinance. Such inspection shall be made only after notice to an adult occupant of the premises.
H. This section shall not apply to dogs kept by law enforcement agencies.
I. In addition to any other penalty the Municipal Court may impose upon a person convicted of a violation of this Section, the Court shall the Court shall impose a mandatory fine of $250.00 for violation of this section or any part thereof, of which no portion of the fine may be suspended.
A. No owner shall fail: (1) to exercise proper care and control of his animals including but not limited to dogs or cats; (2) to prevent them from becoming a public nuisance as defined in Section 1 (J), or private nuisance; or (3) to comply with the standards set out next below and all other provisions of this ordinance.
B. It shall be unlawful for any lot or stall or stable, or other place where animals are kept, to be in an unclean, filthy or unsanitary condition. All lots, stalls, stables, pens, yards and other places where cattle, horses, mules, hogs, dogs, cats or other animals are kept for any purpose whatsoever, anywhere in the City, shall be kept clean and wholesome by removal of all offensive matter and by suitable cleansing and disinfecting as often as may be necessary, which care is hereby required and made the duty of every person having, owning or controlling such places.
C. The owner of every animal including but not limited to cats and dogs, shall remove any fecal matter deposited by such animals on public walks, streets, recreation areas, or private property of another. It shall be unlawful for the owner of any property to allow unsanitary or malodorous conditions to develop on his property due to the keeping, maintaining, owning or harboring of animals. Yards, pens, premises and animals shall be kept free of insect infestations.
D. Animal pens or enclosures shall be large enough to provide reasonable freedom of movement to the animals contained therein.
E. No owner of an animal shall abandon such animal or fail to maintain such animal in a healthy condition or to provide appropriate veterinary treatment immediately, if ill.
F. No owner shall fail to provide his animals with sufficient good and wholesome food and water, proper shelter and protection from the weather and to generally provide humane care and treatment.
G. If probable cause exits that any animal or animals including, but not limited to, dogs and cats are kept under such conditions as to constitute a nuisance in violation of this ordinance, a petition for abatement shall be filed in the Municipal Court, specifically noting the offending conditions, a copy of which shall be served on the owner or harborer of said animals, with a notice to appear in said Court at a specific time and place to show cause if any why an Order of Abatement should not be entered against him. If evidence establishes that the offending conditions, or any combination of them are present, the Court shall order the same abated within fifteen (15) days and assess Court costs against the party responsible for said conditions. In lieu of petition for abatement, the Animal Control Division my issue a written warning of offending nuisance conditions. If a previous abatement order has been entered against a person within twelve (12) months of a second charge of violation of this section, and the same or similar offending nuisance conditions are found on the premises cited, then a mandatory fine shall be assessed against said person in the amount of $100.00 and the condition again ordered to be abated. Upon a third offense, the person responsible shall suffer a minimum mandatory fine of $250.00 if convicted of failing to meet the standards of responsibility established by this section. Neither mandatory fine shall be suspended.
A. Required. Any person owning, keeping, harboring, or having custody of any dog or cat three (3) months of age or older within the city shall have that animal vaccinated against rabies with the approved dosage of a approved antirabic virus (vaccine) properly administrated by one legally authorized to do so; it shall be unlawful for any person to own or have in his possession any dog or cat not so vaccinated. Every dog or cat must be vaccinated in accordance with the Compendium of Animal Rabies Vaccines as prepared by the National Association of State Public Health Veterinarians, Inc.
B. Tag bearing vaccination serial numbers to be worn. The owner of any dog or cat shall see that the animal wears a securely braided metal tag with the serial number of the vaccination and the year in which the animal was inoculated stamped thereon and shall see that the collar and tag are worn by the animal at all times.
C. Penalties for violations. The failure to comply with this section shall constitute a misdemeanor, and the offender shall, on conviction thereof, be fined fifty dollars ($50.00) for the first offense, seventy-five dollars ($75.00) for the second offense and one hundred dollars ($100.00) for the third offense. It shall be the duty of the division of animal control to enforce this section.
A. It shall be unlawful for the owner of any animal to permit it to run at large within the corporate limits of the City.
B. Animals running at large may be impounded as provided elsewhere herein.
No person shall give away any live animal, fish, reptiles, or bird as a prize for, or as an inducement to enter any contest, game, or other competition, or as an inducement to enter a place of amusement; or offer such vertebrate as an incentive to enter into any business agreement whereby the offer was for the purpose of attracting trade, unless and except such person or organization shall have first obtained a permit for such activity from the Supervisor of Animal Control.
Pet stores shall be subject to inspection on demand by the Supervisor of Animal Control. This inspection, among other things, shall examine the premises to determine if the animals are being kept under sanitary and humane conditions and in a reasonable state of health and are being provided with sufficient amounts of fresh, clean wholesome food and water.
A. No performing animal exhibition or circus shall be permitted in which animals are induced or encouraged to perform through the use of chemical, mechanical, electrical, or manual devices in a manner which will cause, or is likely to cause, physical injury or suffering.
B. All equipment used on a performing animal shall fit properly and be in good working condition. An animal control officer shall be authorized to inspect the premises at any time upon demand.
A. Vicious animal or feral or vicious dogs. When an animal is determined by the supervisor of animal control to be a vicious animal or feral or vicious dog, that animal may be immediately destroyed by the supervisor of animal control, or his designee, providing two of the following requirements are met:
1. The animal is running at large or not properly confined or muzzled as described herein.
2. There is no vaccination tag around the animal’s neck.
3. Attempts to peacefully capture the animal have been made and proven unsuccessful.
B. Any animal that aggressively attacks and causes severe injury or death of any human shall be immediately confiscated by Animal Control, placed in quarantine for ten (10) days, and thereafter be destroyed in an expeditious and humane manner. The provisions of this section shall not apply if, at the time of such injury or death, the human was committing a willful trespass or other tort upon the premises occupied by the owner of the animal; or was teasing, tormenting, abusing, or assaulting the animal; or was committing or attempting to commit a crime.
C. Incurably injured or diseased animals, etc. It shall be the duty of the police and duty authorized animal control officer either to humanely euthanize with an injection, or to discharge a firearm, in order to mercifully end the life of an animal suffering from an incurable injury or disease or as the sole effective means of controlling a public nuisance or health hazard. Including, but not limited to: rabbits, squirrels, snakes, feral or vicious dogs and vicious animals. Reasonable efforts not to exceed two (2) days shall be made to first locate the owner of any such injured animal.
D. Any dog already classified as vicious which attacks any human or domestic animal and causes any type injury shall be immediately confiscated by Animal Control, placed in quarantine for ten (10) days, and thereafter be destroyed in an expeditious and humane manner. The provisions of this section shall not apply if, at the time of such injury or death, the human was committing a willful trespass or other tort upon the premises occupied by the owner of the animal; or was teasing, tormenting, abusing, or assaulting the animal; or was committing or attempting to commit a crime.
A. Authority to seize, confinement period. An unrestrained dog or an animal constituting a public nuisance shall be taken by the police or animal control officers and impounded in an enclosure or animal shelter kept for that purpose, to be provided and maintained by the city, an there confined in a humane manner. Such an animal shall be kept for at least five (5) days unless sooner claimed by the owner; impounded dogs and carts not suffering from an injury or infectious disease shall be kept for not less than five (5) working days.
B. Any vicious dog shall be immediately seized by the Division of Animal Control if: (1) The owner does not secure the liability insurance coverage required under Section 14-E herein within 30 days of enactment of this ordinance; (2) Owner does not maintain the dog in a proper enclosure; or (3) the owner willfully or negligently permits the dog outside the dwelling of the owner or outside the property enclosure and does not have the dog muzzled and under personal physical restraint of the owner.
C. Notice to the Owner; Redemption. If by a tag or other means, the owner of an impounded animal can be readily identified, the animal control officer shall, upon impoundment, notify the owner y telephone or mail. Within five (5) days, the rightful owner of any animal held under this section may, provided the animal is properly vaccinated, licensed and tagged, obtain the animal upon the payment of a pound fee as hereinafter provided; however, that if an unvaccinated animal is clamed by the owner, the owner must make arrangements for the vaccination f said animal satisfactory to the supervisor of animal control. An owner reclaiming an impounded animal shall pay a fee as follows:
1. Cats $15.00
2. Dogs $25.00
D. It is not the intent or the desire of the Animal Control Division or the City of Horn Lake to become responsible for unclaimed dogs, cats, or other animals. If a dog, cat or other animal is impounded by the Animal Control Division and the owner fails to claim the animal as provided in this section, the Animal Control Officer or Police Officer shall issue the owner an affidavit for violation of this section.
E. Disposition if not reclaimed by owner; waiver of waiting period. Any animal not reclaimed by its owner within five (5) working days shall become the property of the city and shall be placed for adoption in a suitable home for a fee of ten dollars ($10.00), or humanely euthanized with an injection; provided that, if an unclaimed animal is adopted, the adoptive owner must make arrangements for the vaccination of said animal satisfactory to the supervisor of animal control. The five-day waiting period is waived for a vicious or feral dog, or for any animal suffering from an infectious disease. Pursuant to Section 97-41-3, Mississippi Code Annotated (1972), an injured or neglected animal may be humanely euthanized without any waiting period.
F. Additional proceedings against owner authorized. The owner of an impounded animal may also be proceeded against for any violation of this Ordinance.
Any hog, cow, bull, sheep, goat, horse, or mule found straying or running at large shall be captured and impounded in an enclosure provided an maintained for such purpose by the division of animal control. Within five (5) days of its capture, the rightful owner or owners of any animal so impounded may claim and obtain the release of the same by payment of an impoundment fee in the amount of twenty-five dollars ($25.00) and a boarding fee in the amount of five dollars ($5.00) per day for each day, or fraction thereof, during which the said animal has remained impounded. If any such animal is not claimed and redeemed by its owner within the five day period, the same shall be sold at a lawfully constituted public livestock auction in satisfaction of all fees and expenses, with any surplus revenue kept by the City for one year for possible claim by the owner of said animal, thereafter said sum to be transferred to the general fund for the City.
In case of an attack by an animal resulting in injury to any person, such animal, unless otherwise provided herein, shall be impounded or caused to be confined by the Animal Control Division for observation for a period of ten (10) days, or the owner thereof may, upon notification to the Animal Control Division, have such animal impounded for ten (10) days with a private veterinarian licensed to practice veterinary medicine within the state. If at the end of said period of time, or any time prior thereto, it is determined that said animal has rabies, such animal shall be immediately destroyed.
To the extent not already repealed, the following ordinances are hereby repealed upon the effective date of this Ordinance: 74-22, 73-9, 80-68, 81-73, 10-1-87, and 93-05-30.
If any provision of this Ordinance is ruled illegal, unconstitutional or otherwise unenforceable by a Court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
If any provision herein is deemed to conflict with any other provision of an ordinance of the City of Horn Lake, the provision more restrictive shall control.
So ordained this the 20th Day of May, 2003