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Tennessee

West's Tennessee Code Annotated. Title 44. Animals and Animal Husbandry. Chapter 8. Fences and Confinement; Chapter 17. Dogs and Cats. Title 70. Wildlife Resources.

Statute Details
Printable Version
Citation: T. C. A. 44-8-408 - 412; 44-17-101 - 505; T. C. A. 5-1-120, 6-54-135, 39-14-205, 39-14-213, 44-14-104, 70-4-103, 70-4-118, 70-4-122, 70-2-214

Citation: TN ST 44-8-408 - 413; 44-17-101 - 505; TN ST 5-1-120, 6-54-135, 39-14-205, 39-14-213, 44-14-104, 70-4-103, 70-4-118, 70-4-122, 70-2-214


Last Checked by Web Center Staff: 01/2014

Summary:   These Tennessee statutes comprise the state's dog laws.  Among the provisions include licensing requirements for companion animal dealers, laws concerning damage done by dogs, and the Tennessee Spay/Neuter Law.


Statute in Full:

Link to Part 7. Commercial Breeder Act - TN ST § 44-17-701 - 715

Link to Chapter 8. Rabies, TN ST § 68-8-101 - 115

Title 44. Animals and Animal Husbandry. Chapter 8. Fences and Confinement. Part 4. Running at Large.

§ 44-8-408. Dogs

§ 44-8-409 - § 44-8-409. Transferred to § 44-8-408 in 2007.

§ 44-8-410. Female dogs; confinement while proud

§ 44-8-411. Crippling, killing or destroying proud female dog; damages

§ 44-8-412. Crimes and offenses

§ 44-8-413. Injury caused by dogs; civil liability; exceptions; limitations

Title 44. Animals and Animal Husbandry.  Chapter 17. Dogs and Cats.  Dog and Cat Dealers (selling to research facilities)

§ 44-17-101. Purpose

§ 44-17-102. Definitions

§ 44-17-103. Licenses and permits

§ 44-17-104. Licenses and permits; applications; fees

§ 44-17-105. Licenses and permits; issuance

§ 44-17-106. Licenses and permits; renewal

§ 44-17-107. Licenses and permits; revocation or suspension

§ 44-17-108. Reports

§ 44-17-109. Research facilities; registration

§ 44-17-110. Research facilities; marking or identifying cats and dogs

§ 44-17-111. Records and recordation; research facilities and dealers

§ 44-17-112. Research facilities; sales

§ 44-17-113. Bills of sale; research facilities or dealers

§ 44-17-114. Disposition of cats or dogs; time

§ 44-17-115. Inspections and inspectors; dealers or research facilities; stop of motor vehicles or other conveyances

§ 44-17-116. Crimes and offenses

§ 44-17-117. Officers and employees; acts, omissions or failures

§ 44-17-118. Rules and regulations

§ 44-17-119. Additional and supplemental provisions

Dangerous Dogs

§ 44-17-120. Death or serious injury; destruction of dogs

§ 44-17-121. Confiscation of animals

§ 44-17-122. Cooperation with local and federal authorities

§ 44-17-201. Owners liability

§ 44-17-202. Ignorance of dogs vicious habits or character

§ 44-17-203. Killing or injuring dogs; defenses

Nonlivestock Animal Humane Death Act

§ 44-17-301. Short title

§ 44-17-302. Applicability of part

§ 44-17-303. Methods of euthanasia

Lost Dogs

§ 44-17-401. Use of electronic locating collars on dogs

§ 44-17-402. Admission of hunters onto property owned by wildlife resources agency; search for lost dogs

Pet and Guide Dog Damages

§ 44-17-403. Liability for death of pet; damages; exemptions

§ 44-17-404. Death of or injury to guide dogs

Adoption and Impoundment

§ 44-17-501. Short title

§ 44-17-502. Adoption; requirements

§ 44-17-503. Deposit

§ 44-17-504. Compliance petition

§ 44-17-505. Claim by owner; construction of part

Chemical Capture

§ 44-17-601. Certified animal chemical capture technicians

Title 5. Counties. Chapter 1. General Provisions. Part 1. Counties Generally

§ 5-1-120. Dogs and cats; licenses, shelters and other animal control facilities

Title 6. Cities and Towns. Municipal Government Generally. Chapter 54. Municipal Powers Generally. Part 1. General Provisions

§ 6-54-135. Admittance of dogs in outdoor restaurant dining areas; ordinance; restrictions

Title 39. Criminal Offenses. Chapter 14. Offenses Against Property. Part 2. Animals.

§ 39-14-205. Intentional killing; police dogs; justifiable killing

Title 39. Criminal Offenses. Chapter 14. Offenses Against Property. Part 2. Animals

§ 39-14-213. Removal of electronic or radio dog collar or microchip implant; crime and penalty

Title 44. Animals and Animal Husbandry. Chapter 14. Sheep Producers’ Indemnity Law

§ 44-14-104. Powers and limitations 

Title 70. Wildlife Resources. Chapter 4. Miscellaneous Regulations. Part 1. Hunting and Fishing

§ 70-4-103. Fox hunting; training hunting dogs; crimes and offenses

Title 70. Wildlife Resources. Chapter 4. Miscellaneous Regulations. Part 1. Hunting and Fishing.

§ 70-4-118. Dogs chasing deer; confiscation; crimes and offenses

Title 70. Wildlife Resources. Chapter 4. Miscellaneous Regulations. Part 1. Hunting and Fishing

§ 70-4-122. Training raccoon dogs

Title 70. Wildlife Resources. Chapter 2. Licenses and Permits. Part 2. Miscellaneous Licenses and Permits

§ 70-2-214. Hunting dogs; training; requirements; crimes and offenses

 

 

Title 44. Animals and Animal Husbandry. Chapter 8. Fences and Confinement. Part 4. Running at Large. 

§ 44-8-408. Dogs

(a) As used in this section, unless the context otherwise requires, "owner" means a person who, at the time of the offense, regularly harbors, keeps or exercises control over the dog, but does not include a person who, at the time of the offense, is temporarily harboring, keeping or exercising control over the dog.

(b) The owner of a dog commits an offense if that dog goes uncontrolled by the owner upon the premises of another without the consent of the owner of the premises or other person authorized to give consent, or goes uncontrolled by the owner upon a highway, public road, street or any other place open to the public generally.

(c) It is an exception to the application of this section that:

(1) The dog was on a hunt or chase;

(2) The dog was on the way to or from a hunt or chase;

(3) The dog was guarding or driving stock or on the way to guard or drive stock;

(4) The dog was being moved from one place to another by the owner of the dog;

(5) The dog is a police or military dog, the injury occurred during the course of the dog's official duties and the person injured was a party to, a participant in or suspected of being a party to or participant in the act or conduct that prompted the police or military to utilize the services of the dog;

(6) The violation of subsection (b) occurred while the injured person was on the private property of the dog's owner with the intent to engage in unlawful activity while on the property;

(7) The violation of subsection (b) occurred while the dog was protecting the dog's owner or other innocent party from attack by the injured person or an animal owned by the injured person;

(8) The violation of subsection (b) occurred while the dog was securely confined in a kennel, crate or other enclosure; or

(9) The violation of subsection (b) occurred as a result of the injured person disturbing, harassing, assaulting or otherwise provoking the dog.

(d) The exception to the application of this section provided in subdivisions (c)(1)-(4) shall not apply unless the owner in violation of subsection (b) pays or tenders payment for all damages caused by the dog to the injured party within thirty (30) days of the damage being caused.

(e) It is not a defense to prosecution for a violation of subsection (b) and punished pursuant to subdivision (g)(1), (g)(2) or (g)(3) that the dog owner exercised reasonable care in attempting to confine or control the dog.

(f) It is an affirmative defense to prosecution for a violation of subsection (b) and punished pursuant to subdivision (g)(4) or (g)(5) that the dog owner exercised reasonable care in attempting to confine or control the dog.

(g)(1) A violation of this section is a Class C misdemeanor punishable by fine only.

(2) A violation of this section is a Class B misdemeanor punishable by fine only if the dog running at large causes damage to the property of another.

(3) A violation of this section is a Class A misdemeanor punishable by fine only if the dog running at large causes bodily injury, as defined by § 39- 11-106, to another.

(4) A violation of this section is a Class E felony if the dog running at large causes serious bodily injury, as defined by § 39-11-106, to another.

(5) A violation of this section is a Class D felony if the dog running at large causes the death of another.

(h) Notwithstanding subsection (g), a violation of this section shall be punished as provided in subsection (i) if the violation involves:

(1) A dog that was trained to fight, attack or kill or had been used to fight; or

(2) The owner of the dog violating this section knew of the dangerous nature of the dog and, prior to the violation of this section, the dog had bitten one (1) or more people that resulted in serious bodily injury or death.

(i) A violation of this section, where one (1) or more of the factors set out in subsection (h) are present, shall be punished as follows:

(1) A Class C misdemeanor if the dog running at large does not cause property damage, injury or death;

(2) A Class A misdemeanor if the dog running at large causes damage to the property of another;

(3) A Class E felony if the dog running at large causes bodily injury to another;

(4) A Class D felony if the dog running at large causes serious bodily injury to another; and

(5) A Class C felony if the dog running at large causes the death of another.

1901 Acts, c. 50, § 1; 1903 Acts, c. 419, § 1; 2007 Pub.Acts, c. 533, § 1; 2007 Pub.Acts, c. 556, § 1, eff. July 1, 2007.

Formerly Shannon's Code, § 2853a4; 1932 Code, § 5086; § 44- 1408; § 44-8-108

HISTORICAL AND STATUTORY NOTES

2007 Pub.Acts, c. 556, §§ 1, 2, amended § 44-8-408 to include penalties for violation of the section and deleted § 44-8-409, eff. July 1, 2007. 2007 Pub.Acts, c. 533, § 1, eff. July 1, 2007, amended § 44-8-409. Under the direction of the code commission, the amended provisions of § 44-8-409 were transferred to § 44-8-408 as subsecs. (h) and (i).

 

§ 44-8-409. Crimes and offenses - § 44-8-409. Transferred to § 44-8-408 in 2007.

 

§ 44-8-410. Female dogs; confinement while proud

Every owner of a bitch is required to confine the same for twenty-four (24) days during the time the bitch is proud.

1901 Acts, c. 122, § 1.

 

§ 44-8-411. Crippling, killing or destroying proud female dog; damages

Any person crippling, killing, or in any way destroying a proud bitch that is running at large shall not be held liable for the damages due to such killing or destruction.

1901 Acts, c. 22, § 2.

 

44-8-412. Crimes and offenses

Any violation of § 44-8-410 is a Class C misdemeanor.

1901 Acts, c. 22, § 3; 1989 Pub.Acts, c. 591, § 113.

 

§ 44-8-413. Injury caused by dogs; civil liability; exceptions; limitations

(a)(1) The owner of a dog has a duty to keep that dog under reasonable control at all times, and to keep that dog from running at large. A person who breaches that duty is subject to civil liability for any damages suffered by a person who is injured by the dog while in a public place or lawfully in or on the private property of another.

(2) Such a person may be held liable regardless of whether the dog has shown any dangerous propensities or whether the dog's owner knew or should have known of the dog's dangerous propensities.

(b) The provisions of subsection (a) shall not be construed to impose liability upon the owner of the dog if:

(1) The dog is a police or military dog, the injury occurred during the course of the dog's official duties and the person injured was a party to, a participant in or suspected of being a party to or participant in the act or conduct that prompted the police or military to utilize the services of the dog;

(2) The injured person was trespassing upon the private, nonresidential property of the dog's owner;

(3) The injury occurred while the dog was protecting the dog's owner or other innocent party from attack by the injured person or a dog owned by the injured person;

(4) The injury occurred while the dog was securely confined in a kennel, crate or other enclosure; or

(5) The injury occurred as a result of the injured person enticing, disturbing, alarming, harassing, or otherwise provoking the dog.

(c)(1) If a dog causes damage to a person while the person is on residential, farm or other noncommercial property, and the dog's owner is the owner of the property, or is on such property by permission of the owner or as a lawful tenant or lessee, in any civil action based upon such damages brought against the owner of the dog, the claimant shall be required to establish that the dog's owner knew or should have known of the dog's dangerous propensities.

(2) The element of proof required by subsection (1) shall be in addition to any other elements the claimant may be required to prove in order to establish a claim under the prevailing Tennessee law of premises liability or comparative fault.

(d) The statute of limitations for an action brought pursuant to this section shall be the same as provided in § 28-3-104, for personal injury actions.

(e) As used in this section: (1) "Owner" means a person who, at the time of the damage caused to another, regularly harbors, keeps or exercises control over the dog, but does not include a person who, at the time of the damage, is temporarily harboring, keeping or exercising control over the dog.

(2) "Running at large" means a dog goes uncontrolled by the dog's owner upon the premises of another without the consent of the owner of such premises, or other person authorized to give consent, or goes uncontrolled by the owner upon a highway, public road, street or any other place open to the public generally.

CREDIT(S)

2007 Pub.Acts, c. 276, § 1, eff. July 1, 2007.

 

Title 44. Animals and Animal Husbandry.  Chapter 17. Dogs and Cats.  Part 1. Dog and Cat Dealers.

§ 44-17-101. Purpose

The purpose of this part is to protect the owners of dogs and cats from the theft of such pets, to prevent the sale or use of dogs and cats which have been stolen, and to insure the humane treatment of dogs and cats in commerce and those used in research facilities.

1967 Pub.Acts, c. 332, § 1.

 

§ 44-17-102. Definitions

As used in this part, unless the context requires otherwise:

(1) "Cat" means any live cat of the species Felis catus;

(2) "Commerce" means buying or selling or transporting from one (1) place to another in this state;

(3) "Commissioner" means the commissioner of agriculture;

(4) "Dealer" means any person who, for compensation or profit, buys, sells, transports (except as a common carrier), delivers for transportation, or boards dogs or cats for research purposes, or any person who buys or sells twenty-five (25) or more dogs or cats in any one (1) calendar year for resale within the state or for transportation out of the state;

"Dealer" also means any person who, for compensation or profit, buys from or sells to a private person at a flea market any dog or cat;

(5) "Dog" means any live dog of the species Canis familiaris;

(6) "Flea market" means any assemblage of twenty (20) or more persons gathered together at regular or irregular intervals, whether in open air or under cover, for the purpose of buying, selling, or trading merchandise to and from the general public, when such buying, selling, or trading is outside of the regular business or occupation of the majority of persons so gathered, and when the majority of the persons so gathered do not pay a business privilege tax for their activities at such flea market;

(7) "Person" means any individual, firm, corporation, partnership, association, or other legal entity; and

(8) "Research facility" means any school, hospital, laboratory, institution, organization or person that uses or intends to use dogs or cats in research, tests, or experiments and that purchases or transports dogs or cats in commerce.

1967 Pub.Acts, c. 332, § 2; 1978 Pub.Acts, c. 640, §§ 1, 2.

 

§ 44-17-103. Licenses and permits

(a) It is unlawful for any dealer to sell or offer to sell or transport or offer for transportation to any research facility any dog or cat, or to buy, sell, offer to buy or sell, transport or offer for transportation in commerce any dog or cat, unless the dealer has a currently valid license from the commissioner and has complied with the rules and regulations promulgated by the commissioner pursuant to this part.

(b) A violation of this section is a Class C misdemeanor.

1967 Pub.Acts, c. 332, § 3; 1989 Pub.Acts, c. 591, § 113.

 

§ 44-17-104. Licenses and permits; applications; fees

(a) An application for a license as a dealer shall be made to the commissioner on a form provided by the commissioner, which shall contain space for such information as the commissioner may reasonably require, including evidence of ability to comply with such standards, rules and regulations as are lawfully prescribed by the commissioner.

(b) Each application for a license shall be accompanied by a license fee based upon the following:

Dealer license fee to sell dogs or cats to research facilities--two hundred and fifty dollars ($250.00)

Dealer license fee (wholesale) to sell dogs or cats for resale--one hundred and twenty-five dollars ($125.00)

Dealer license fee (retail) to buy dogs or cats for resale to be assessed as follows:

Transactions of up to 50 animals per year--one hundred and twenty-five dollars ($125.00)

Transactions of 51 to 150 animals per year--two hundred and fifty dollars ($250.00)

Transactions of 151 to 300 animals per year--five hundred dollars ($500.00)

Transactions of 301 to 500 animals per year--seven hundred and fifty dollars ($750.00)

Transactions of more than 500 animals per year--one thousand dollars ($1,000.00)

Dealer license fee to transport dogs or cats in commerce--one hundred and twenty-five dollars ($125.00).

1967 Pub.Acts, c. 332, § 4. Amended by 2002 Pub.Acts, c. 774, § 1, eff. May 22, 2002.

 

§ 44-17-105. Licenses and permits; issuance

(a) The commissioner shall issue a license to an applicant after determining:

(1) The applicant or the responsible officers thereof are of good moral character;

(2) The applicant or any responsible officer thereof has never been convicted of cruelty to animals or of a violation of this part;

(3) An inspection has been made of the premises and a finding that it conforms to the provisions of this part and the rules and regulations of the commissioner, and is a suitable place in which to conduct the dealer's business; and

(4) The dealer's business is to be conducted in a permanent structure or building.

(b) Each license shall be issued only for the premises and to the person or persons named in the application and shall not be transferable or assignable except with the written approval of the commissioner.

(c) Licenses shall be posted in a conspicuous place on the licensed premises.

1967 Pub.Acts, c. 332, § 5.

 

§ 44-17-106. Licenses and permits; renewal

A license, unless sooner suspended or revoked, shall be renewable annually upon filing by the licensee and approval by the commissioner, of an annual report upon such forms and containing such information as the commissioner may prescribe by regulation. The fee for renewal of licenses shall be based upon the following:

Dealer license fee to sell dogs or cats to research facilities--one hundred and twenty-five dollars ($125.00)

Dealer license fee (wholesale) to sell dogs or cats for resale--one hundred and twenty-five dollars ($125.00)

Dealer license fee (retail) to buy dogs or cats for resale to be assessed as follows:

Transactions of up to 50 animals per year--one hundred and twenty-five dollars ($125.00)

Transactions of 51 to 150 animals per year--two hundred and fifty dollars ($250.00)

Transactions of 151 to 300 animals per year--five hundred dollars ($500.00)

Transactions of 301 to 500 animals per year--seven hundred and fifty dollars ($750.00)

Transactions of more than 500 animals per year--one thousand dollars ($1,000.00)

Dealer license fee to transport dogs or cats in commerce--one hundred and twenty-five dollars ($125.00).

1967 Pub.Acts, c. 332, § 6. Amended by 2002 Pub.Acts, c. 774, § 2, eff. May 22, 2002.

 

§ 44-17-107. Licenses and permits; revocation or suspension

(a) The license of any dealer may be suspended or revoked by the commissioner for any of the following reasons:

(1) The incompetence or untrustworthiness of the licensee;

(2) Willful falsification of any information contained in the application;

(3) The conviction of the licensee or any responsible officer thereof of cruelty to animals or a violation of this part; or

(4) The nonconformance by the licensee to the provisions of this part or the rules and regulations of the commissioner.

(b) If the commissioner has reason to believe that the license of any dealer should be suspended or revoked for any of the above reasons, the commissioner shall give the dealer ten (10) days' written notice of the commissioner's intention to suspend or revoke the license of the dealer and shall give the dealer an opportunity for a hearing on the issue. The dealer may produce evidence to show cause why the license should not be revoked or suspended. If the commissioner determines that conditions exist which warrant the suspension or revocation of the license, the commissioner may suspend the license for such period of time as the commissioner may specify or may revoke it, and where appropriate, may make an order that the dealer cease and desist from continuing any violation found to have been made of this part. If the license is suspended, the dealer may apply, after ninety (90) days, for reinstatement of the license.

(c) Any dealer aggrieved by a final order of the commissioner issued under this section may, within sixty (60) days after entry of such an order, have the order reviewed upon petition of certiorari in the chancery or circuit court of the county in which the dealer's residence or place of business is located.

1967 Pub.Acts, c. 332, § 7.

 

§ 44-17-108. Reports

Each dealer shall file, on forms and at such times as prescribed by the commissioner, semi-annual reports containing the following information:

(1) The number of dogs or cats in the possession of the dealer on the date the report is filed;

(2) The number of dogs and cats purchased during the reporting period and the names and addresses of the persons from whom they were purchased;

(3) The number of dogs and cats sold during the reporting period and the names and addresses of the persons to whom they were sold; and

(4) The number of dogs and cats received by the dealer during the reporting period under circumstances other than purchase and the names and addresses of the persons from whom they were obtained.

1967 Pub.Acts, c. 332, § 8.

 

§ 44-17-109. Research facilities; registration

Every research facility shall register with the commissioner in accordance with such rules and regulations as the commissioner may prescribe.

1967 Pub.Acts, c. 332, § 9.

 

§ 44-17-110. Research facilities; marking or identifying cats and dogs

All dogs and cats delivered for transportation, transported, purchased, or sold to research facilities shall be marked or identified in such manner as the commissioner may prescribe.

1967 Pub.Acts, c. 332, § 10.

 

§ 44-17-111. Records and recordation; research facilities and dealers

Research facilities and dealers shall make and keep such records with respect to their purchase, sale, transportation, and handling of dogs and cats as the commissioner may prescribe.

1967 Pub.Acts, c. 332, § 11.

 

§ 44-17-112. Research facilities; sales

Dogs and cats shall not be offered for sale or sold to a research facility at public auction or by weight. No research facility shall purchase dogs or cats at public auction or by weight, nor shall any research facility purchase dogs or cats except from a licensed dealer, public pound, humane society, or from a person who breeds dogs or cats for sale to a research facility.

1967 Pub.Acts, c. 332, § 12.

 

§ 44-17-113. Bills of sale; research facilities or dealers

(a) The purchase of any dog or cat by a dealer or by a research facility shall be evidenced by a bill of sale signed by the seller. The bill of sale shall be in form approved by the commissioner and shall certify that the seller is the lawful owner of the dog or cat and that ownership is transferred to the dealer or research facility. The bill of sale shall make reference to the mark or identification required by § 44-17-110.

(b) The bill of sale shall bear the name, telephone number, and address of the seller, and the driver license or social security number of the seller. At the time of sale, the dealer or research facility making the purchase shall verify from the seller the seller's driver license or social security number, whichever is appropriate. The bill of sale shall also contain a description of the dog or cat sold thereunder adequate to identify the animal. A bill of sale containing the same information shall be furnished by a dealer to any person purchasing a dog or cat at a flea market. Nothing in this subsection shall be construed as enlarging the enforcement responsibilities of the commissioner beyond that existing prior to March 17, 1978.

1967 Pub.Acts, c. 332, § 13; 1978 Pub.Acts, c. 640, § 3.

 

§ 44-17-114. Disposition of cats or dogs; time

No dealer shall sell or otherwise dispose of any dog or cat within a period of five (5) business days after the acquisition of such animal or within such other period as may be specified by the commissioner.

1967 Pub.Acts, c. 332, § 14.

 

§ 44-17-115. Inspections and inspectors; dealers or research facilities; stop of motor vehicles or other conveyances

(a) The premises of any dealer or research facility shall be made available to the commissioner or the commissioner's representative for inspection at all reasonable times. The commissioner or the commissioner's representative shall make or cause to be made such inspections or investigations of such premises as considered necessary.

(b) The commissioner or the commissioner's representative, or any legally constituted law enforcement agency, may stop any motor vehicle or other conveyance transporting dogs or cats for inspections as to the humane treatment of animals and compliance with licensing requirements of this part or for investigations in search of lost or stolen animals.

(c) The commissioner shall issue rules and regulations requiring licensed dealers and research facilities to permit inspection of their animals and records at reasonable hours upon request by legally constituted law enforcement agencies in search of lost animals.

(d) Nothing in this part shall be construed as authorizing the commissioner to promulgate rules, regulations, or orders governing the handling, care, treatment or inspection of animals during actual research or experimentation by a research facility.

1967 Pub.Acts, c. 332, § 15. Amended by 2002 Pub.Acts, c. 774, § 3, eff. May 22, 2002.

 

§ 44-17-116. Crimes and offenses

(a) A person who violates any of the provisions of this part commits a Class C misdemeanor.

(b) After notice of any violation received from the commissioner, each day of a continuing violation constitutes a separate offense.

1967 Pub.Acts, c. 332, § 16; 1989 Pub.Acts, c. 591, § 113.

 

§ 44-17-117. Officers and employees; acts, omissions or failures

When construing or enforcing the provisions of §§ 44-17-101 -- 44-17-107, the act, omission, or failure of any individual acting for or employed by a dealer or research facility, within the scope of such individual's employment or office, shall be considered to be the act, omission, or failure of the dealer or research facility as well as of the individual.

1967 Pub.Acts, c. 332, § 17.

 

§ 44-17-118. Rules and regulations

The commissioner may promulgate such rules and regulations as are reasonably necessary to implement the provisions of this part.

1967 Pub.Acts, c. 332, § 18. Amended by 2002 Pub.Acts, c. 774, § 6, eff. May 22, 2002.

 

§ 44-17-119. Additional and supplemental provisions

The provisions of this part are in addition to and supplementary of title 39, chapter 14, part 2.

1967 Pub.Acts, c. 332, § 19; 1996 Pub.Acts, c. 675, § 45, eff. March 28, 1996.

 

§ 44-17-120. Death or serious injury; destruction of dogs

(a) Any dog that attacks a human and causes death or serious bodily injury may be destroyed upon the order of the judge of the circuit court of the county wherein the attack occurred. Such orders shall be granted on the petition of the district attorney general for the county. The petition shall name the owner of the dog, and the owner shall be given notice in accordance with Rule 4.01 of the Tennessee rules of civil procedure, that if the owner does not appear before the court within five (5) days of the receipt thereof and show cause why the dog should not be destroyed, then the order shall issue and the dog shall be destroyed.

(b) Notwithstanding subsection (a), in counties having a population in excess of eight hundred thousand (800,000), or having a metropolitan form of government and a population in excess of one hundred thousand (100,000), according to the 2000 federal census or any subsequent federal census, a municipality or county is authorized to adopt local ordinances authorizing the municipality or the county to appropriately petition in a general sessions court to provide for the disposition of dangerous dogs or dogs causing death or serious bodily injury to humans or other animals.

CREDIT(S)

1978 Pub.Acts, c. 757, § 1; 1999 Pub.Acts, c. 85, § 1, eff. April 12, 1999; 2010 Pub.Acts, c. 882, § 1, eff. May 5, 2010.

 

§ 44-17-121. Confiscation of animals

Subject to the provisions of this part, the commissioner has the authority to confiscate animals as may be necessary to provide for the humane treatment of such animals.

Added by 2002 Pub.Acts, c. 774, § 4, eff. May 22, 2002.

 

§ 44-17-122. Cooperation with local and federal authorities

The commissioner may enter into cooperative agreements with local and/or federal agencies for purposes of implementing this part. When implementing the provisions for issuance of dealer licenses, the commissioner shall take into consideration other federal and/or local licensing regulations that may apply, it being the intent of the legislature not to impose duplicative licensing requirements and costs for dealers.

Added by 2002 Pub.Acts, c. 774, § 5, eff. May 22, 2002.

 

§ 44-17-201. Owners liability

Where any dog shall kill, or in any manner damage, any livestock in this state, the owner or harborer of such dog shall be liable, in an action for damage, to the owner of such livestock.

1859-1860 Acts, c. 45, § 1; 1949 Pub.Acts, c. 262, § 1.

 

§ 44-17-202. Ignorance of dogs vicious habits or character

Ignorance of the vicious habits or character of the dog on the part of its owner shall be no defense in actions arising under § 44-17-201.

1859-1860 Acts, c. 45, § 2.

 

§ 44-17-203. Killing or injuring dogs; defenses

In an action for damages against a person for killing or injuring a dog, satisfactory proof that the dog had been or was killing or worrying livestock constitutes a good defense to such action.

1859-1860 Acts, c. 45, § 3; 1949 Pub.Acts, c. 262, § 1.

 

§ 44-17-301. Short title

This part shall be known and may be cited as the "Nonlivestock Animal Humane Death Act."

1980 Pub.Acts, c. 482, § 1; 2001 Pub.Acts, c. 70, § 1, eff. July 1, 2001.

 

§ 44-17-302. Applicability of part

(a) This part shall be applicable only to public and private agencies, animal shelters and other facilities operated for the collection, care or euthanasia of stray, neglected, abandoned or unwanted non-livestock animals.

(b) This part shall apply to any licensed veterinarian, Tennessee veterinarian medical technician, employee, volunteer, whether compensated or otherwise, or any other person acting as an agent on behalf of a public or private agency, animal shelter or other facility operated for the collection, care or euthanasia of stray, neglected, abandoned or unwanted non-livestock animals.

CREDIT(S)

1980 Pub.Acts, c. 482, § 2; 2001 Pub.Acts, c. 70, § 1, eff. July 1, 2001; 2008 Pub.Acts, c. 639, § 2, eff. July 1, 2008
.

 

§ 44-17-303. Methods of euthanasia

(a) Sodium pentobarbital and such other agents as may be specifically approved by the rules of the board of veterinary medicine shall be the only methods used for euthanasia of non-livestock animals by public and private agencies, animal shelters and other facilities operated for the collection, care or euthanasia of stray, neglected, abandoned or unwanted non-livestock animals. A lethal solution shall be used in the following order of preference:

(1) Intravenous injection by hypodermic needle;

(2) Intraperitoneal injection by hypodermic needle;

(3) Intracardial injection by hypodermic needle, but only if performed on heavily sedated, anesthetized or comatose animals; or

(4) Solution or powder added to food.

(b) A non-livestock animal may be tranquilized with an approved and humane substance before any form of euthanasia involving a lethal injection is performed, but the animal must be tranquilized if the euthanasia is performed by the method described in subdivision (a)(3).

(c) Succinylcholine chloride, curare, curariform mixtures, strychnine, nicotine, chloral hydrate, magnesium or potassium or any substance that acts as a neuromuscular blocking agent, or any chamber that causes a change in body oxygen may not be used on any non-livestock animal for the purpose of euthanasia. Any such chamber in use as of July 1, 2001, shall be phased out and shall not be used on or after July 1, 2002.

(d) Euthanasia shall be performed only by a licensed veterinarian, Tennessee veterinarian medical technician or an employee or agent of a public or private agency, animal shelter or other facility operated for the collection, care or euthanasia of stray, neglected, abandoned or unwanted non-livestock animals, provided that the Tennessee veterinarian medical technician, employee or agent has successfully completed a euthanasia-technician certification course. The curriculum for such course must be approved by the board of veterinary medical examiners and must include, at a minimum, knowledge of animal anatomy, behavior and physiology; animal restraint and handling as it pertains to euthanasia; the pharmacology, proper dosages, administration techniques of euthanasia solution, verification of death techniques, laws regulating the storage, security and accountability of euthanasia solutions; euthanasia technician stress management and the proper disposal of euthanized non-livestock animals.

(e) An employee, agent or Tennessee veterinarian medical technician performing euthanasia prior to July 1, 2001, who previously passed an approved euthanasia-technician certification course will be accepted as qualified under this part to perform euthanasia on non-livestock animals. Any other employee, agent or Tennessee veterinarian medical technician seeking to perform euthanasia on non-livestock animals on or after July 1, 2001, must obtain certification prior to performing any such euthanasia.

(f) A non-livestock animal may not be left unattended between the time euthanasia procedures are first begun and the time that death occurs, nor may its body be disposed of until a qualified person confirms death.

(g) Notwithstanding this section or any other law to the contrary, whenever an emergency situation exists in the field that requires the immediate euthanasia of an injured, dangerous or severely diseased non-livestock animal, a law enforcement officer, a veterinarian, or agent of a local animal control unit or the designee of such an agent may humanely destroy the non-livestock animal.

(h) For purposes of this part, “non-livestock animal” shall have the meaning set forth in § 39-14-201.

(i) The attorney general and reporter may bring an action to enjoin any violation of this part.

(j) Any person who violates this part is guilty of a Class A misdemeanor.

(k) These provisions shall not apply to exotic animals being held under the authority of title 70, chapter 4, part 4, and Rule 1660-1-18-.05 of the Official Compilation of Rules and Regulations of the State of Tennessee.

CREDIT(S)

1980 Pub.Acts, c. 482, § 3; 1997 Pub.Acts, c. 106, §§ 8, 9, eff. Jan. 1, 1998; 2001 Pub.Acts, c. 70, § 1, eff. July 1, 2001; 2008 Pub.Acts, c. 639, § 1, eff. July 1, 2008
.

 

§ 44-17-304. Three day holding period for stray animals

(a) Before any public or private agency, animal shelter or other facility operated for the collection, care or euthanasia of stray, neglected, abandoned or unwanted non-livestock animals euthanizes a non-livestock animal that the facility knows or should know, by identification or vaccination tags, personal knowledge or otherwise, has an owner, the facility shall be required to hold the animal for at least three (3) full business days from the time it is brought to the facility before the animal may be euthanized.

(b) Subsection (a) shall not apply where an emergency situation exists that requires the immediate euthanasia of an injured, dangerous or severely diseased non-livestock animal.

CREDIT(S)

2008 Pub.Acts, c. 639, § 3, eff. July 1, 2008.

 

44-17-305. Repealed by 2001 Pub.Acts, c. 70, § 1, eff. July 1, 2001

HISTORICAL AND STATUTORY NOTES

Repealed § 44-17-305, which related to exceptions, was derived from 1980 Pub.Acts, c. 482, § 5.

 

§ 44-17-401. Use of electronic locating collars on dogs

No agency or entity of state or local government shall enact, adopt, promulgate, or enforce any law, ordinance, rule, regulation, or other policy that restricts or prevents the owner of any dog from using an electronic locating collar to protect the dog from loss; except that the fish and wildlife commission may limit the use of electronic locating collars through the promulgation of rules and regulations when required for the proper management of wildlife species.

CREDIT(S)

1996 Pub.Acts, c. 789, § 1, eff. April 22, 1996; 2012 Pub.Acts, c. 993, § 6, eff. June 30, 2012.

 

 

§ 44-17-402. Admission of hunters onto property owned by wildlife resources agency; search for lost dogs

If the owner or a person in control of a dog is hunting with either a firearm or a bow and arrow, and such person's dog strays onto property owned by the federal government and operated by the Tennessee wildlife resources agency, such owner or person may proceed onto such property without the person's firearm or bow and arrow. Such person shall not be liable for any criminal sanction related to the pursuit of such dog. However, nothing in this section shall be construed to grant civil immunity to the owner or the person in control of the dog for any personal injury or property damage caused by the dog.

1996 Pub.Acts, c. 789, § 2, eff. April 22, 1996.

 

§ 44-17-403. Liability for death of pet; damages; exemptions

(a)(1) If a person's pet is killed or sustains injuries which result in death caused by the unlawful and intentional, or negligent, act of another or the animal of another, the trier of fact may find the individual causing the death or the owner of the animal causing the death liable for up to five thousand dollars ($5,000) in noneconomic damages; provided, that if such death is caused by the negligent act of another, the death or fatal injury must occur on the property of the deceased pet's owner or caretaker, or while under the control and supervision of the deceased pet's owner or caretaker.

(2) If an unlawful act resulted in the death or permanent disability of a person's guide dog, then the value of the guide dog shall include, but shall not necessarily be limited to, both the cost of the guide dog as well as the cost of any specialized training the guide dog received.

(b) As used in this section, "pet" means any domesticated dog or cat normally maintained in or near the household of its owner.

(c) Limits for noneconomic damages set out in subsection (a) shall not apply to causes of action for intentional infliction of emotional distress or any other civil action other than the direct and sole loss of a pet.

(d) Noneconomic damages awarded pursuant to this section shall be limited to compensation for the loss of the reasonably expected society, companionship, love and affection of the pet.

(e) This section shall not apply to any not-for-profit entity or governmental agency, or its employees, negligently causing the death of a pet while acting on the behalf of public health or animal welfare; to any killing of a dog that has been or was killing or worrying livestock as in § 44-17-203; nor shall this section be construed to authorize any award of noneconomic damages in an action for professional negligence against a licensed veterinarian.

(f) Deleted by 2004 Pub.Acts, c. 940, § 4, eff. June 15, 2004, and 2004 Pub.Acts, c. 957, § 6, eff. June 15, 2004.

2000 Pub.Acts, c. 762, § 1. Amended by 2004 Pub.Acts, c. 940, § 4, eff. June 15, 2004; 2004 Pub.Acts, c. 957, §§ 5 to 7, eff. June 15, 2004.

 

§ 44-17-404. Death of or injury to guide dogs

If a person's guide dog is killed or sustains injuries that result in death or permanent disability caused by the unlawful and intentional, or negligent, act of another or the animal of another, then the trier of fact may find the individual causing the death or the owner of the animal causing the death liable for economic damages which shall include, but shall not necessarily be limited to, both the cost of the guide dog as well as the cost of any specialized training the guide dog received.

Added by 2004 Pub.Acts, c. 957, § 3, eff. June 15, 2004.

 

§ 44-17-501. Short title

This act shall be known and may be cited as "The Tennessee Spay/Neuter Law."

2000 Pub.Acts, c. 789, § 2, eff. July 1, 2000.

 

§ 44-17-502. Adoption; requirements

(a) No person shall adopt a dog or cat from an agency, including, but not limited to an animal shelter, dog pound, animal control agency or humane shelter operated by a municipality, county, or other governmental agency within the state, or a private organization operating a shelter from which animals are adopted or reclaimed, unless:

(1) The dog or cat has already been spayed or neutered;

(2) The dog or cat has been spayed or neutered by a licensed veterinarian while in the custody of the agency; or

(3) The new owner signs a written agreement with the agency stating that the new owner will have the dog or cat spayed or neutered by a licensed veterinarian:

(A) Within thirty (30) days of the date of the adoption, if such dog or cat is sexually mature; or

(B) Within thirty (30) days after the dog or cat reaches six (6) months of age, if the dog or cat is not sexually mature at the time of the adoption.

(b) Nothing in this section shall preclude the spaying or neutering of a sexually immature dog or cat at the discretion of a licensed veterinarian with the consent of the new owner.

2000 Pub.Acts, c. 789, § 3, eff. July 1, 2000.

 

§ 44-17-503. Deposit

(a) If the dog or cat being adopted has not been spayed or neutered, the agency shall require a deposit of not less than twenty-five dollars ($25.00) from the new owner prior to the adoption in order to ensure that the dog or cat is spayed or neutered. The new owner may request and shall receive a refund of the deposit from the agency upon providing confirmation of the spaying or neutering.

(b) If the new owner fails to have the dog or cat spayed or neutered within the time frame established by § 44-17-502, or if the spaying or neutering is timely performed, but the new owner fails to request the return of the deposit within an additional ten (10) days after the date by which the spaying or neutering is required to be performed, the deposit shall be forfeited to the agency holding the deposit and shall be used by the agency to conduct programs to spay or neuter dogs and cats in the community where the agency is located; provided, that in any county having a population of not less than fifty-three thousand five hundred (53,500) nor more than fifty-three thousand six hundred (53,600), according to the 2000 federal census or any subsequent federal census, the deposit shall be used to defray operational expenses of the programs, including, but not limited to, costs for purchasing food, medications, tests, upgrades for the animal housing areas, or any other supplies or products which would improve the quality of life for dogs or cats in such programs, and the deposit shall not be used to pay salaries of persons employed by any agency located within such county.

CREDIT(S)
2000 Pub.Acts, c. 789, § 4, eff. July 1, 2000; 2010 Pub.Acts, c. 615, § 1, eff. March 2, 2010; 2012 Pub.Acts, c. 513, § 1, eff. Feb. 7, 2012.

 

§ 44-17-504. Compliance petition

If a person fails to comply with the provisions of this part, the agency may file a petition with a court of competent jurisdiction seeking compliance and/or requesting return of the dog or cat to the agency from which it was adopted.

2000 Pub.Acts, c. 789, § 5, eff. July 1, 2000.

 

§ 44-17-505. Claim by owner; construction of part

Nothing in this part shall be construed to authorize an agency to spay or neuter a dog or cat, if such dog or cat is being claimed by and returned to its lawful owner within seven (7) days of such dog or cat being taken into custody by the agency.

2000 Pub.Acts, c. 789, § 6, eff. July 1, 2000.

 

§ 44-17-601. Certified animal chemical capture technicians

(a) As used in this part, unless the context otherwise requires, “chemical capture” means the capture of a dog or cat by means of sedation using approved drugs as provided in this part and appropriate drug administering equipment.

(b) Chemical capture by certified animal chemical capture technicians shall only be effected by use of Telazol or such other drugs as may be determined by the board of veterinary medical examiners.

(c) Drugs used for chemical capture shall only be administered by a licensed veterinarian, a licensed veterinary technician employed by and functioning under the direct supervision of a licensed veterinarian, or such other individuals qualified as certified animal chemical capture technicians as determined by the board of veterinary medical examiners pursuant to § 63-12-144.

(d) With respect to certified animal chemical capture technicians, chemical capture shall be effected only in accordance with a written protocol and only when all other methods of capture have failed.

CREDIT(S)

2008 Pub.Acts, c. 805, § 1.

 

Title 70. Wildlife Resources. Chapter 4. Miscellaneous Regulations. Part 1. Hunting and Fishing.

§ 70-4-118. Dogs chasing deer; confiscation; crimes and offenses

(a) No person shall knowingly hunt deer being chased by dogs nor shall any person knowingly and intentionally permit such person's dogs to hunt or chase deer.

(b) Any officer of the wildlife resources agency may take into possession any dog known to have hunted or chased deer and shall notify the owner of the dog, or if the owner is unknown, shall advertise in a newspaper of general circulation in the county that the dog is in the officer's possession, giving the description of the dog and stating the circumstances under which it was taken. The officer shall hold the dog for a period of ten (10) days and shall report the facts in full to the director.

(c) If, within ten (10) days, the owner claims the dog, the owner may repossess it on payment of the costs of advertising and the cost of keep. If the owner does not claim the dog within the above specified time, the dog shall be deemed ownerless and a public nuisance and shall be disposed of in the manner prescribed by the executive director. In this event, the costs of advertising and keep shall be paid by the agency.

(d) Any person violating the provisions of this section commits a Class B misdemeanor. It is mandatory upon the court to impose the prison sentence, and the minimum time is not subject to suspension, but may be served on such days designated by the judge.

1951 Pub.Acts, c. 115, § 46; 1961 Pub.Acts, c. 198, § 2; impl. am. by 1974 Pub.Acts, c. 481, §§ 6, 7; 1974 Pub.Acts, c. 481, § 21; 1981 Pub.Acts, c. 199, §§ 1, 2; 1989 Pub.Acts, c. 591, § 113; 1990 Pub.Acts, c. 891, § 15; 1990 Pub.Acts, c. 981, § 3.

 

Title 5. Counties
Chapter 1. General Provisions. Part 1. Counties Generally

§ 5-1-120. Dogs and cats; licenses, shelters and other animal control facilities

Counties, by resolution of their respective legislative bodies, may license and regulate dogs and cats, establish and operate shelters and other animal control facilities, and regulate, capture, impound and dispose of stray dogs, stray cats and other stray animals.

CREDIT(S)

1995 Pub.Acts, c. 264, § 1, eff. May 24, 1995.


Title 6. Cities and Towns. Municipal Government Generally. Chapter 54. Municipal Powers Generally. Part 1. General Provisions

§ 6-54-135. Admittance of dogs in outdoor restaurant dining areas; ordinance; restrictions

(a) For purposes of this section, “pet dog” means a dog other than a service or guide dog assisting a handicapped person.

(b) Notwithstanding any other prohibition to the contrary, certain jurisdictions, as provided in subsection (c), may, by ordinance or resolution, authorize the presence of pet dogs in outdoor dining areas of restaurants, if the ordinance provides for adequate controls to ensure compliance with the Tennessee Food, Drug and Cosmetic Act, compiled in title 53, chapter 1, and any other applicable statutes and ordinances. An ordinance enacted under this section shall provide for a permitting process to authorize individual restaurants to permit dogs as provided in this section and to charge applicants and authorized restaurants a reasonable permit fee as the ordinance may establish. Additionally, the ordinance shall provide that:

(1) No pet dog shall be present in the interior of any restaurant or in any area where food is prepared;

(2) The restaurant shall have the right to refuse to serve the owner of a pet dog if the owner fails to exercise reasonable control over the pet dog or the pet dog is otherwise behaving in a manner that compromises or threatens to compromise the health or safety of any person present in the restaurant;

(3) All public food service establishment employees shall wash their hands promptly after touching, petting or otherwise handling a pet dog. Employees shall be prohibited from touching, petting or otherwise handling pet dogs while serving food or beverages or handling tableware or before entering other parts of the public food service establishment;

(4) Employees and patrons shall be instructed that they shall not allow pet dogs to come into contact with serving dishes, utensils, tableware, linens, paper products or any other items involved in food service operations;

(5) Patrons shall keep their pet dogs on a leash at all times and keep their pet dogs under reasonable control;

(6) Pet dogs shall not be allowed on chairs, tables or other furnishings;

(7) Accidents involving pet dog waste shall be cleaned immediately and the area sanitized with an approved product. A kit with the appropriate materials for this purpose shall be kept near the designated outdoor area;

(8) A sign or signs reminding employees and patrons of the applicable rules shall be posted on the premises in a manner and place as determined by the local permitting authority; and

(9) Pet dogs shall not be permitted to travel through indoor or nondesignated portions of the public food service establishment, and ingress and egress to the designated outdoor portions of the public food establishment shall not require entrance into or passage through any indoor area of the food establishment.

(c)(1) This section shall apply in a municipality with a population of at least one hundred thousand (100,000), according to the 2000 federal census or any subsequent census.

(2) This section shall also apply in a county with a population of at least one hundred thousand (100,000), according to the 2000 federal census or any subsequent census.

(3) This section shall also apply in counties having a population, according to the 2000 federal census or any subsequent census, of:

not less than
nor more than
5,500
5,600
11,369
11,450
14,300
14,400
16,600
16,700
38,200
38,300
39,200
39,300
48,000
48,100
56,700
56,800
71,100
71,200
105,800
105,900

CREDIT(S)

2009 Pub.Acts, c. 508, §§ 1 to 3, eff. July 1, 2009.

 

Title 39. Criminal Offenses. Chapter 14. Offenses Against Property. Part 2. Animals.

§ 39-14-205. Intentional killing; police dogs; justifiable killing

(a)(1)(A) It is an offense to knowingly and unlawfully kill the animal of another without the owner's effective consent.

(B) A violation of subdivision (a)(1)(A) is theft of property, graded according to the value of the animal, and punished in accordance with § 39-14-105.

(2) In determining the value of a police dog, fire dog, search and rescue dog, service animal or police horse under § 39-14-105, the court shall consider the value of the police dog, fire dog, search and rescue dog, service animal or police horse as both the cost of the animal and any specialized training the animal received.

(b) A person is justified in killing the animal of another if the person acted under a reasonable belief that the animal was creating an imminent danger of death or serious bodily injury to that person or another or an imminent danger of death to an animal owned by that person. A person is not justified in killing the animal of another if at the time of the killing the person is trespassing upon the property of the owner of the animal. The justification for killing the animal of another authorized by this subsection (b) shall not apply to a person who, while engaging in or attempting to escape from criminal conduct, kills a police dog that is acting in its official capacity. In that case the provisions of subsection (a) shall apply to the person.

CREDIT(S)

1989 Pub.Acts, c. 591, § 1; 1996 Pub.Acts, c. 927, §§ 1, 2, eff. July 1, 1996; 2004 Pub.Acts, c. 957, § 1, eff. June 15, 2004; 2007 Pub.Acts, c. 466, § 1, eff. July 1, 2007; 2008 Pub.Acts, c. 1172, § 1, eff. July 1, 2008.

 

Title 39. Criminal Offenses. Chapter 14. Offenses Against Property. Part 2. Animals

§ 39-14-213. Removal of electronic or radio dog collar or microchip implant; crime and penalty

(a) A person who removes from a dog an electronic or radio transmitting collar or microchip implant without the permission of the owner of the dog and with the intent to prevent or hinder the owner from locating the dog commits a Class B misdemeanor, punishable by fine only; provided, however, that, if the dog wearing an electronic or radio transmitting collar or microchip implant is lost or killed as the proximate result of the removal of the collar or implant, the person commits a Class A misdemeanor, punishable by fine only.

(b) Upon conviction for a violation of this section, the court shall order that the violator pay as restitution to the owner the actual value of a dog lost or killed as a result of the removal of an electronic or radio transmitting collar or microchip implant from the dog by the violator. The court may also order the violator to pay as restitution to the owner any breeding revenues forfeited due to the loss or death of a dog.

CREDIT(S)

2007 Pub.Acts, c. 70, § 1, eff. July 1, 2007.

 

Title 44. Animals and Animal Husbandry. Chapter 14. Sheep Producers’ Indemnity Law

§ 44-14-104. Powers and limitations 

Each association organized hereunder has the following powers and limitations:

(1) Indemnity Limited. The indemnity allowed shall in no instance exceed the value of the animal;

(2) Losses Prior to Membership. The association shall not protect the member from losses occurring prior to membership in the association;

(3) Losses While Member in Arrears. The association shall not indemnify a member for losses sustained while the member is in arrears in payment of membership fees, but the member shall be considered to be suspended and without protection until the fees are paid, but shall continue to be liable for all fees due the association;

(4) Loss Caused by Design of Assured. The association shall not be responsible for any loss caused by the design of the assured;

(5) Liability for Assessment. No member shall be liable for assessments to pay losses and expenses accruing previous to the time of the member's membership in the association, nor for losses and expenses accruing after membership ceases;

(6) Joint or Concurrent Indemnity. In all cases of other indemnity against loss by dogs upon the sheep protected in the association, whether prior or subsequent to the date of protection in the association, in the event of loss by dogs, the member will not be entitled to recover on the indemnity in the association any greater portion of the loss sustained than the indemnity in the association shall bear to the whole amount of indemnity on the sheep;

(7) Must Cover All Sheep. The member shall schedule for indemnity all the sheep that the member owns within the territory of the association that are one (1) year of age and over. Lambs produced from ewes insured in the association shall be protected according to the schedule of indemnity payments until one (1) year of age, so long as ownership does not change, without the payment of any fees;

(8) Funds. If, at the end of the fiscal year, there are sufficient funds above and beyond those to be expended for indemnity claims, a reasonable reserve fund shall be set aside; then, if there are still additional funds, the remainder shall be credited to the members pro rata (on a basis as paid into the association) on the ensuing year's fees. If there are not sufficient funds from the fees collected that are available at the end of the fiscal year to pay the indemnity claims as approved in full, then all indemnity payments shall be reduced pro rata;

(9) Term of Indemnity. All indemnity shall date from the date of issuance of certificate of membership. This indemnity ceases at midnight Central Standard Time (12:00 CST) of the last day of the fiscal year;

(10) Renewal of Indemnity. Indemnity shall be renewed only when the member pays all protective fees and otherwise fulfills all requirements as stipulated in the bylaws;

(11) Liability of the Association. The association shall in no instance be liable for loss from other causes than death of sheep caused by dogs;

(12) Cancellation of Membership. A member may, at any time upon written request to the secretary and the payment of all valid claims against the member, have the member's membership in the association cancelled;

(13) Cancellation of Indemnity. The association may, upon five (5) days' notice, for any cause deemed sufficient by the board of directors or its representatives, cancel the indemnity of any member or any part thereof; and

(14) Additional Powers. The association has the power to:

(A) Do each and everything necessary, suitable or proper for the accomplishment of any one (1) of the purposes or the attainment of any one (1) of the subjects herein enumerated, or conducive to or expedient for the interest or benefit of the association, and to contract accordingly;

(B) Exercise and possess all powers, rights and privileges necessary or incidental to the purposes for which the association is organized or to the activities in which it is engaged; and

(C) Have any other rights, powers and privileges granted by the laws of this state to other corporations, except such as are inconsistent with the express provisions of this chapter.

CREDIT(S)

1939 Pub.Acts, c. 184, § 4.

Formerly 1950 Code Supp., § 3830.5; Williams' Code, § 3830.6; § 44-2104.


Title 70. Wildlife Resources. Chapter 2. Licenses and Permits. Part 2. Miscellaneous Licenses and Permits

§ 70-2-214. Hunting dogs; training; requirements; crimes and offenses

(a) Any resident or nonresident who trains hunting dogs in this state shall purchase the appropriate hunting license, except when such person is competing in recognized field trials.

(b) Raccoon dog field trials, retriever dog field trials, bird dog field trials, rabbit dog field trials, and foxhound field trials will be permitted only under rules and regulations promulgated by the fish and wildlife commission. The fish and wildlife commission is authorized to make all such rules or regulations, or both, in connection with the field trials as it may deem necessary to carry out this section.

(c) Any violation of this section, or any violation of any rule or regulation promulgated by the fish and wildlife commission pursuant to this section, is a Class C misdemeanor and, upon conviction of the violation, shall be punishable by a fine of not less than twenty-five dollars ($25.00) nor more than fifty dollars ($50.00).

CREDIT(S)

1951 Pub.Acts, c. 115, § 14; 1953 Pub.Acts, c. 249, § 1; 1953 Pub.Acts, c. 255, § 2; 1961 Pub.Acts, c. 195, § 1; 1974 Pub.Acts, c. 481, § 21; 2012 Pub.Acts, c. 993, § 13, eff. June 30, 2012.

 

Title 70. Wildlife Resources. Chapter 4. Miscellaneous Regulations. Part 1. Hunting and Fishing

§ 70-4-103. Fox hunting; training hunting dogs; crimes and offenses

(a)(1) Foxes may be chased with dogs the entire year, except during such periods as may be fixed by the fish and wildlife commission for the protection of the species.

(2) It is unlawful to take or kill foxes in Washington County.

(3) Any person who hunts and kills a fox in a manner other than as permitted by this subsection (a) commits a Class C misdemeanor.

(b) Fox hounds, rabbit dogs and bird dogs may be trained the entire year, except during such periods as may be fixed by the commission for the protection of the species, but any person accompanying the dogs or training them shall not possess any firearm, bow and arrow, or any other such device, except during the regular open season.

CREDIT(S)

1951 Pub.Acts, c. 115, § 31; 1953 Pub.Acts, c. 145, § 1; impl. am. by 1953 Pub.Acts, c. 198; 1957 Pub.Acts, c. 382, § 2; 1974 Pub.Acts, c. 481, § 21; 1978 Pub.Acts, c. 792, § 2; 1985 Pub.Acts, c. 331, § 1; 1989 Pub.Acts, c. 591, § 113; 2012 Pub.Acts, c. 993, § 13, eff. June 30, 2012.

 

Title 70. Wildlife Resources. Chapter 4. Miscellaneous Regulations. Part 1. Hunting and Fishing

§ 70-4-122. Training raccoon dogs

(a)(1) It is unlawful for any person or firm to train coon dogs by chasing coons in West Tennessee and the following counties: Carter, Claiborne, Greene, Johnson, Sullivan, and that part of DeKalb County lying south and west of state highway No. 96 and U.S. Highway No. 70, except during the thirty (30) days immediately preceding the opening of the season under general laws of the state for hunting coons; provided, that none of the provisions of this subsection (a) shall apply to Shelby County or the counties of McNairy, Fayette, Hardeman, Decatur, Dyer, Carroll, Henry, Weakley and Chester.

(2) As used in this subsection (a), “West Tennessee” includes that portion of the state lying west of the Tennessee River where it enters the state from the states of Alabama and Mississippi and emerges into the state of Kentucky, but “West Tennessee” does not include Benton County, Gibson County, Madison County, Henderson County or Hardin County. This subsection (a) also applies to the following counties located in other parts of the state: Carter, Claiborne, Greene, Johnson, Morgan, Sullivan, Unicoi, and that part of DeKalb County lying south and west of state highway No. 96 and U.S. Highway No. 70.

(b)(1) Cocke County. It is lawful in Cocke County to have a jump-out training season during the period each year from October 9 through November 1, and notwithstanding other provisions of this section, it is lawful to train coon dogs in Cocke County at any time of the year, except during the period each year from March 1 to May 15, so long as coons are not taken except during the open season.

(2) Crockett County. It is lawful at any time of the year to train coon dogs in Crockett County so long as coons are not taken except during the open season.

(3) Gibson County. It is lawful at any time of the year to train coon dogs in Gibson County, so long as coons are not taken except during the open season.

(4) Grainger County. It is unlawful for any person or firm to train coon dogs by chasing coons in Grainger County, except during the period beginning October 1 through February 28, so long as coons are not taken except during the open season.

(5) Hancock County. Notwithstanding other provisions of this section, it is lawful to train coon dogs in Hancock County at any time of the year, except during the period each year from March 1 to May 15, so long as coons are not taken except during the open season.

(6) Hawkins County. It is unlawful for any person or firm to train coon dogs by chasing coons in Hawkins County except during the open season.

(7) Haywood County. It is lawful at any time of the year to train coon dogs in Haywood County, so long as coons are not taken except during the open season.

(8) Humphreys County. It is lawful at any time of the year to train coon dogs in Humphreys County, so long as coons are not taken except during the open season.

(9) Jefferson County. It is lawful in Jefferson County to have a jump-out training season during the period each year from October 9 through November 1, and notwithstanding other provisions of this section, it is lawful to train coon dogs in Jefferson County at any time of the year, except during the period each year from March 1 to May 15, so long as coons are not taken except during the open season.

(10) Lake County.

(A) It is unlawful for any person or firm to train coon dogs by chasing coons in Lake County except during the open season.

(B) This subdivision (b)(10) shall have no effect unless it is approved by a two-thirds ( 2/3 ) vote of the county legislative body of Lake County. Its approval or nonapproval shall be proclaimed by the presiding officer of the Lake County legislative body and certified by such officer to the secretary of state.

(11) Lauderdale County. It is lawful at any time of the year to train coon dogs in Lauderdale County, so long as coons are not taken except during the open season.

(12) Morgan County. It is lawful to conduct sanctioned coon hunts in Morgan County during the closed season, so long as coons are not taken during such closed season. For the purposes of this subdivision (b)(12), “sanctioned coon hunts” means chasing coons for the purpose of treeing only. The sanctioned hunts shall require the approval of a recognized kennel club such as the AKC, UKC, NKC or PKC.

(13) Obion County. Notwithstanding other provisions of this section, it is lawful to train coon dogs in Obion County at any time of the year, so long as coons are not taken except during the open season.

(14) Tipton County. It is lawful at any time of the year to train coon dogs in Tipton County, so long as coons are not taken except during the open season.

(15) Unicoi County. It is unlawful for any person or firm to train coon dogs by chasing coons in Unicoi County except during the seventy (70) days immediately prior to the season for hunting coons in such county.

(16) Washington County. It is unlawful for any person or firm to train coon dogs by chasing coons in Washington County except during the open season.

(c) A person who violates this section commits a Class C misdemeanor. Nothing in this section shall be construed as restricting the training of coon dogs where no element of chasing or hunting coons is involved.

CREDIT(S)

1955 Pub.Acts, c. 134, §§ 1, 2; 1957 Pub.Acts, c. 387, § 1; 1959 Pub.Acts, c. 96, § 1; 1959 Pub.Acts, c. 179, § 1; 1959 Pub.Acts, c. 183, § 1; 1959 Pub.Acts, c. 288, § 1; 1961 Pub.Acts, c. 249, § 1; 1961 Pub.Acts, c. 261, § 1; 1963 Pub.Acts, c. 122, § 1; 1963 Pub.Acts, c. 131, § 1; 1963 Pub.Acts, c. 138, § 1; 1963 Pub.Acts, c. 182, § 1; 1963 Pub.Acts, c. 210, § 1; 1963 Pub.Acts, c. 350, § 1; 1963 Pub.Acts, c. 375, § 1; 1965 Pub.Acts, c. 21, § 1; 1965 Pub.Acts, c. 51, § 1; 1965 Pub.Acts, c. 315, § 1; 1965 Pub.Acts, c. 318, § 1; 1967 Pub.Acts, c. 39, § 1; 1967 Pub.Acts, c. 74, § 1; 1967 Pub.Acts, c. 75, § 1; 1967 Pub.Acts, c. 76, § 1; 1967 Pub.Acts, c. 128, § 1; 1967 Pub.Acts, c. 299, § 1; 1967 Pub.Acts, c. 351, § 1; 1967 Pvt.Acts, c. 25, § 1; 1968 Pub.Acts, c. 612, § 1; 1969 Pub.Acts, c. 125, § 1; 1969 Pub.Acts, c. 253, § 1; 1969 Pub.Acts, c. 263, § 1; 1970 Pub.Acts, c. 436, § 1; 1971 Pub.Acts, c. 15, § 1; 1971 Pub.Acts, c. 18, § 1; 1971 Pub.Acts, c. 94, § 1; 1971 Pub.Acts, c. 129, § 1; 1972 Pub.Acts, c. 579, §§ 1, 2; 1973 Pub.Acts, c. 51, § 1; 1973 Pub.Acts, c. 58, § 1; 1973 Pub.Acts, c. 306, § 1; 1973 Pub.Acts, c. 351, § 1; impl. am. by 1974 Pub.Acts, c. 481, § 18; 1974 Pub.Acts, c. 636, § 1; 1975 Pub.Acts, c. 240, § 1; 1976 Pub.Acts, c. 663, § 1; 1976 Pub.Acts, c. 714, § 1; 1977 Pub.Acts, c. 167, § 1; 1977 Pub.Acts, c. 494, § 1; 1978 Pub.Acts, c. 665, §§ 1 to 3; 1978 Pub.Acts, c. 916, § 1; 1978 Pvt.Acts, c. 265, §§ 1, 2; 1979 Pub.Acts, c. 30, § 1; 1979 Pub.Acts, c. 48, § 1; 1979 Pub.Acts, c. 75, §§ 1, 2; 1979 Pub.Acts, c. 139, § 1; 1979 Pub.Acts, c. 375, § 1; 1981 Pub.Acts, c. 4, § 1; 1982 Pub.Acts, c. 676, § 1; 1982 Pub.Acts, c. 758, §§ 1 to 4; 1982 Pub.Acts, c. 923, §§ 1 to 3; 1983 Pub.Acts, c. 309, § 1; 1985 Pub.Acts, c. 422, §§ 1, 2; 1986 Pub.Acts, c. 502, §§ 1, 2; 1986 Pub.Acts, c. 781, §§ 1, 2; 1986 Pub.Acts, c. 839, § 1; 1989 Pub.Acts, c. 591, § 113; 1991 Pub.Acts, c. 372, § 1; 1995 Pub.Acts, c. 262, §§ 1, 2, eff. May 24, 1995; 1998 Pub.Acts, c. 611, § 1, eff. March 12, 1998; 2012 Pub.Acts, c. 644, § 2, eff. March 30, 2012.

Formerly § 51-441.

  



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