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Service and assistance animal laws
Title 19. Counties and County Officers. Chapter 5. Health, Safety and Public Welfare. In General
§ 19-5-50 . Running of animals at large
Title 19. Counties and County Officers. Chapter 25. Sheriffs.
§ 19-25-83 . Canine corps, maintenance and use
Title 19. Counties and County Officers. Chapter 5. Health, Safety and Public Welfare. In General.
§ 19-5-3 . Law enforcement dogs
Title 21. Municipalities. Chapter 19. Health, Safety, and Welfare.
§ 21-19-9 . Animal control
Title 21. Municipalities. Chapter 21. Police and Police Departments. General Provisions.
§ 21-21-5 . Dogs
Title 37. Education. Chapter 7. School Districts; Boards of Trustees of School Districts. Article 7. Boards of Trustees; General Powers and Duties.
§ 37-7-342. Authorization of the use of dogs trained to detect illnesses in schools and public places
Title 41. Public Health. Chapter 53. Dogs and Rabies Control
§ 41-53-1 . Inoculating dogs and cats for rabies
§ 41-53-5 . Authority to vaccinate
§ 41-53-7 . Dogs to wear tags
§ 41-53-9 . Certificate and records of inoculation
§ 41-53-11 . Dogs running at large; vaccination
§ 41-53-13 . Penalties for violations
Title 45. Public Safety and Good Order. Chapter 3. Highway Safety Patrol.
§ 45-3-52. Retention of dog after retirement
Title 69. Agriculture, Horticulture, and Animals. Chapter 29. Livestock Brands, Theft or Loss of Livestock and Protective Associations. Article 1. General Provisions.
§ 69-29-2. Licensing of persons who sell dogs or cats for research
Title 73. Professions and Vocations. Chapter 39. Veterinarians.
§ 73-39-89 . Abandoned animals; presumption; disposal; immunity
Title 95. Torts. Chapter 5. Trespass.
§ 95-5-19 . Dog endangering poultry or livestock
§ 95-5-21 . Owner liable, dog injuring animals
Title 49. Conservation and Ecology. Chapter 7. Hunting and Fishing. In General.
§ 49-7-32. Hunting with dogs restricted during turkey season
§ 49-7-42 . Training bird dogs
Title 19. Counties and County Officers. Chapter 5. Health, Safety and Public Welfare. In General;
§ 19-5-50. Running of animals at large
(1) The governing authorities of any county bordering on the Gulf of Mexico and having within its boundaries two cities having in excess of forty thousand (40,000) population each, according to the 1970 United States decennial census and of any county bordering on the Pearl River having two (2) judicial districts, wherein is housed the seat of state government, wherein U.S. Interstates 55 and 20 interchange and having a population in excess of two hundred thousand (200,000), according to the 1970 federal decennial census, shall have the power to prevent or regulate the running at large of animals of all kinds, and to cause such as may be running at large to be impounded and sold to discharge the costs and penalties provided for the violation of such regulations and the expense of impounding and keeping and selling the same; to regulate and provide for the taxing of owners and harborers of dogs, and to destroy dogs running at large, unless such dogs have proper identification indicating that said dogs have been vaccinated for rabies; and to provide for the erection of all needful pens, pounds, and buildings for the use of the county, and to appoint and confirm keepers thereof, and to establish and enforce rules governing the same.
(2) The governing authorities of any county bordering on the Gulf of Mexico and having within its boundaries two (2) cities having in excess of forty thousand (40,000) population each, according to the 1970 federal decennial census, and of any county bordering on the Gulf of Mexico and the State of Alabama in which there is a shipyard which constructs oceangoing vessels, and any county bordering on the Gulf of Mexico and the State of Louisiana and through which U.S. Interstate Highway 10 runs, shall have the power to prevent or regulate the running at large of animals of all kinds, and to cause such as may be running at large to be impounded and sold to discharge the costs and penalties provided for the violation of such regulations and the expense of impounding and keeping and selling the same; to regulate and provide for the taxing of owners and harborers of dogs, and to destroy dogs running at large unless such dogs have proper identification indicating that said dogs have been vaccinated for rabies; and to provide for the erection of all needful pens, pounds and buildings for the use of the county, and to appoint and confirm keepers thereof, and to establish and enforce rules governing the same.
CREDIT(S)
Laws 1972, Ch. 509, § 1; Laws 1974, Ch. 560, § 1, eff. from and after passage (approved April 18, 1974).
Title 19. Counties and County Officers. Chapter 25. Sheriffs.
§ 19-25-83. Canine corps, maintenance and use
The sheriff shall keep those hounds bought pursuant to section 19-5-3, closely confined in the jail yard or in some suitable inclosure to be provided for them, and he shall not permit any person to handle or in any way to be familiar with them except himself and one other person to assist each sheriff, which person shall be designated by him and who shall assist the sheriff in taking care of said dogs and training them. The sheriff or his assistant shall at frequent intervals exercise said dogs by having someone for them to trail, to the end that their instinct may be kept active. The sheriff on receiving information of the commission of a felony in his county or the escape of prisoners in his custody, and that the person charged with the commission thereof is at large and has left the scene of the crime and is a fugitive from justice, shall convey the said dogs to the place where said felony was committed and endeavor to capture the fugitive or escaped prisoners, as the case may be.
CREDIT(S)
Laws 1962, Ch. 244, § 1, eff. from and after passage (approved May 1, 1962).
Title 19. Counties and County Officers. Chapter 5. Health, Safety and Public Welfare. In General.
§ 19-5-3. Law enforcement dogs
The board of supervisors of any county is hereby authorized and empowered to purchase and keep on hand, for the use of the sheriffs, hounds of the best breeding and training. The board, when such hounds have been purchased by them, shall allow out of the general county funds a reasonable sum of money for the purchase of said hounds, and a reasonable amount for the monthly care and maintenance of said hounds. When such hounds have not been purchased the board may allow the sheriff a reasonable amount for hire of hounds in attempting the capture of criminals charged with capital crimes.
Likewise the board of supervisors of any county in the state is hereby authorized and empowered to purchase by negotiation or otherwise, any breed of dogs suitable for law enforcement purposes and pay for same out of the general fund of the county. Said law enforcement dogs may be furnished to the sheriff of said county or to any other law enforcement officer to be used by him or them in the enforcement of the laws in said county. The board of supervisors may also appropriate and pay monthly such amounts as may be necessary to care for and maintain said law enforcement dogs.
CREDIT(S)
Laws 1962, Ch. 244, § 1, eff. from and after passage (approved May 1, 1962).
Title 21. Municipalities. Chapter 19. Health, Safety, and Welfare.
The governing authorities of municipalities shall have the power to prevent or regulate the running at large of animals of all kinds, and to cause such as may be running at large to be impounded and sold to discharge the costs and penalties provided for the violation of such regulations and the expense of impounding and keeping and selling the same; to regulate and provide for the taxing of owners and harborers of dogs, and to destroy dogs running at large, unless such dogs have proper identification indicating that said dogs have been vaccinated for rabies; and to provide for the erection of all needful pens, pounds and buildings for the use of the municipality, within or without the municipal limits, and to appoint and confirm keepers thereof, and to establish and enforce rules governing the same.
The governing authorities of municipalities may enter into pacts, agreements or contracts with other municipalities to provide for cooperation in the use or erection of all pens, pounds and buildings to prevent or regulate the running at large of animals of all kinds.
CREDIT(S)
Laws 1950, Ch. 491, § 153; Laws 1980, Ch. 326, § 1, eff. July 1, 1980.
Title 21. Municipalities. Chapter 21. Police and Police Departments. General Provisions.
The governing authorities of any municipality in the state are hereby authorized and empowered, in their discretion, to purchase by negotiation or otherwise, any breed of dogs suitable for law enforcement purposes, and pay for same out of the proceeds derived from tax levies made for their support and maintenance. Said dogs may be furnished to the police or police department of said municipality to be used by them in the enforcement of the laws of said municipality and the State of Mississippi. The governing authorities may also appropriate and pay monthly such amounts as may be necessary to maintain and care for said law enforcement dogs.
CREDIT(S)
Laws 1962, Ch. 542, § 1, eff. from and after passage (approved April 10, 1962).
Title 37. Education. Chapter 7. School Districts; Boards of Trustees of School Districts. Article 7. Boards of Trustees; General Powers and Duties.
§ 37-7-342. Authorization of the use of dogs trained to detect illnesses in schools and public places
(1) The Legislature recognizes the necessity of school districts to provide reasonable accommodations to students and licensed employees of a school district who are diagnosed with debilitating illnesses or disabilities, including, but not limited to, diabetes and epilepsy.
(2) The school board of any school district shall authorize the use, in all district facilities and property, of service or assistance dogs which have been specifically trained to alert people of symptoms or conditions resulting from a debilitating illness or disability that threaten their health.
(3) In providing accommodations for students, the parent of a child with such illness or disability, the teacher or teachers of the student and the appropriate school administrator shall meet and develop a written 504 Plan consistent with the provisions of Chapter 23, Title 37, Mississippi Code of 1972, that would permit the use of service dogs in the school facility. Also, in providing accommodations for students, the teacher or teachers of the student and the appropriate school administrator shall develop a plan designed to educate other students of the appropriate behavior in the presence of such dogs, as well as the proper handling of such dogs in the presence of those students who may have an allergic reaction to the dog and the reasonable care to be taken in efforts to prevent contact by students who are allergic with such dogs.
Credits
Added by Laws 2012, Ch. 548, § 4, eff. July 1, 2012. Brought forward by Laws 2018, Ch. 341 (H.B. 944), § 3, eff. July 1, 2018.
Title 41. Public Health. Chapter 53. Dogs and Rabies Control
§ 41-53-1. Inoculating dogs and cats for rabies
Every person in the state of Mississippi who owns, or has in his or her possession, any dog or cat of the age of three (3) months or over shall have said dog or cat inoculated (vaccinated) against rabies as provided herein with the recommended dosage of an anti-rabic virus (vaccine) approved by the state board of health, and it shall be unlawful for any person within the state of Mississippi to own or have in his or her possession within the state of Mississippi any dog or cat three (3) months of age or over which has not been inoculated (vaccinated) against rabies with the approved dosage of an approved anti-rabic virus (vaccine). It shall be the duty of every person in this state so owning or having in his or her possession a dog or cat to have said dog or cat inoculated (vaccinated) immediately after said dog or cat has reached the age of three (3) months, and it shall be said person's further duty to have said dog or cat so inoculated (vaccinated) thereafter as required by the state board of health. For a failure to comply with this section said person shall be subject to the penalties provided in section 41-53-13.
CREDIT(S)
Laws 1938, Ch. 357, § 1; Laws 1950, Ch. 459, § 1; Laws 1983, Ch. 522, § 29, eff. July 1, 1983.
§ 41-53-3. Repealed by Laws 1983, Ch. 522, § 50, eff. July 1, 1983
§ 41-53-5. Authority to vaccinate
All inoculations (vaccinations) done in accordance with this chapter must be done by either a licensed veterinarian or other competent person granted a permit to administer virus (vaccine) by the state board of health.
CREDIT(S)
Laws 1938, Ch. 357, § 3; Laws 1983, Ch. 522, § 30, eff. July 1, 1983.
It shall be the duty of the manufacturer or manufacturers contracted with to furnish virus (vaccine) to furnish with each ampoule (dose) of virus (vaccine), a suitable metal tag approved by the state board of health, which may be securely bradded to the collar of the dog inoculated (vaccinated). Said tag shall have stamped thereon the serial number of vaccination and the year in which said dog was inoculated. This tag shall be furnished to the owner when said dog is inoculated (vaccinated), and it shall be his duty to securely attach same to the collar, and each dog owned by or in the possession of any person within the state of Mississippi shall wear at all times a collar or other device which shall have securely bradded on to it the metal tag provided for above. Any such tag shall not be transferable to any dog other than the dog for which it was issued.
CREDIT(S)
Laws 1938, Ch. 357, § 4, eff. from and after passage (approved April 4, 1938).
§ 41-53-9. Certificate and records of inoculation
All persons administering virus (vaccine) in accordance with this chapter shall furnish the owner of each dog or cat inoculated (vaccinated) a certificate of inoculation (vaccination) for each dog or cat inoculated (vaccinated) indicating the breed of each dog or cat inoculated (vaccinated), the sex of each dog or cat inoculated (vaccinated), and the markings and the serial number of the tag attached to the collar or some other device on each dog. Persons administering virus (vaccine) in accordance with this chapter shall maintain records of each inoculation, indicating the owner of each dog or cat inoculated (vaccinated), the breed of each dog or cat inoculated (vaccinated), the sex of each dog or cat inoculated (vaccinated), and the markings and serial number of the tag furnished to the owner of each dog.
CREDIT(S)
Laws 1938, Ch. 357, § 6; Laws 1983, Ch. 522, § 31, eff. July 1, 1983.
§ 41-53-11. Dogs running at large; vaccination
(1) It shall be lawful and it shall be their duty for any sheriff, conservation officer or peace officer of a county or municipality to kill any dog above the age of three (3) months found running at large on whose neck there is no such collar and tag. No action shall be maintained by the owner for such killing. However, it shall be the duty of said officer who finds a dog or dogs running at large to first keep said dog or dogs for a period of five (5) days and notify the sheriff of said county that he has said dog or dogs, giving the sheriff a description of same. If anyone proves himself to be the owner of same, he shall pay said officer the sum of fifty cents (50¢) before the dog is delivered to the owner.
(2) It shall be the duty of any sheriff, conservation officer or peace officer of a county or municipality to kill or otherwise destroy any and all dogs above the age of three (3) months which are running at large and have not been inoculated (vaccinated) as required in this chapter.
CREDIT(S)
Laws 1938, Ch. 357, § 5; Laws 1974, Ch. 569, § 5; Laws 1983, Ch. 522, § 32, eff. July 1, 1983.
§ 41-53-13. Penalties for violations
The failure or refusal of any person to comply with any of the provisions of this chapter shall constitute a misdemeanor, and the offender shall, on conviction thereof, be fined for the first offense in a sum not to exceed five dollars ($5.00) and for the second offense in a sum not to exceed twenty-five dollars ($25.00) and for the third offense a sum not to exceed fifty dollars ($50.00), together with all costs. It shall be the duty of the sheriffs, conservation officers and all peace officers of the counties and municipalities of Mississippi to enforce this chapter. It shall be the duty of the county attorneys and district attorneys of this state to prosecute all violators of this chapter.
CREDIT(S)
Laws 1938, Ch. 357, § 7; Laws 1974, Ch. 569, § 6, eff. from and after passage (approved April 24, 1974).
Title 45. Public Safety and Good Order. Chapter 3. Highway Safety Patrol.
§ 45-3-52. Retention of dog after retirement
A member of the Mississippi Highway Safety Patrol or any other certified law enforcement officer shall be allowed to retain as his personal property any dog assigned to such member when the dog is retired from service.
Credits
Added by Laws 2004, Ch. 491, § 1, eff. July 1, 2004.
Title 49. Conservation and Ecology. Chapter 7. Hunting and Fishing. In General.
§ 49-7-32. Hunting with dogs restricted during turkey season
The commission may establish closed seasons on the running, hunting, chasing or pursuing with dogs of raccoon, fox or other wild animals or wild birds during turkey season in designated areas.
Credits
Laws 1975, Ch. 327, § 2(1), eff. from and after passage (approved March 6, 1975); Laws 2000, Ch. 516, § 65, eff. from and after passage (approved April 30, 2000).
It is lawful at all times for any person, upon the issuance of a permit by the commission, to train bird dogs through the use of release pens and tamed and identified quail. The tamed quail shall be identified through the use of tags or dye. Permits shall be issued upon approval of the commission and upon payment of the sum of Three Dollars ($3.00) each. The permits shall be displayed openly upon each release pen. A permit shall be valid for a period of one (1) year from the date of issuance. The training of bird dogs and the taking of birds shall be conducted under the rules and regulations of the commission. The tamed and identified quail may be recaptured through the use of release pens when the pens have been properly identified by a permit attached thereto.
CREDIT(S)
Laws 1975, Ch. 391, § 1, eff. from and after passage (approved March 24, 1975). Amended by Laws 2000, Ch. 516, § 66, eff. from and after passage (approved April 30, 2000).
Title 69. Agriculture, Horticulture, and Animals. Chapter 29. Livestock Brands, Theft or Loss of Livestock and Protective Associations. Article 1. General Provisions.
§ 69-29-2. Licensing of persons who sell dogs or cats for research
(1) Every person, firm, association or corporation, before seeking to sell or transfer dogs or cats, or both, for research, shall obtain a license from the Director of the Mississippi Agricultural and Livestock Theft Bureau. The fee and requirements for such license shall be set by the Director of the Mississippi Agricultural and Livestock Theft Bureau. Application for such license shall be made on forms prescribed and furnished by the director. Such license shall be nontransferable, renewable annually. A new license shall be issued if there is any change in the location or ownership of the business.
(2) At the time application is made for a license under subsection (1) of this section and before the issuance of such license by the Director of the Mississippi Agricultural and Livestock Theft Bureau, the applicant shall file with the director a bond in the penal sum of Five Thousand Dollars ($5,000.00) payable to the State of Mississippi with surety to be approved by the Secretary of State for the faithful performance of the requirements of this section. Evidence shall be supplied to the director annually, at the time license is renewed, that the bond continues in force and effect. In the event the bond is cancelled or will not be renewed, the bonding company shall notify the director in writing at least thirty (30) days before the cancellation of such bond. If a bond is cancelled or fails to be renewed, the license issued under this section shall stand void automatically. The license shall not stand void if a new bond as required herein is filed with the director before the expiration date of the original bond.
(3) The following information shall be recorded by every person, firm, association or corporation licensed under this section for each dog or cat received, sold or transferred under the provisions of this section:
(a) The name, address and telephone number of the person, firm, association or corporation from whom each dog or cat was received and to whom each dog or cat was delivered.
(b) A complete description of each dog or cat received, sold or transferred, including a photograph of each side of the animal.
(c) Any other information as required by the Director of the Mississippi Agricultural and Livestock Theft Bureau.
(4) The Director of the Mississippi Agricultural and Livestock Theft Bureau shall promulgate rules and regulations necessary to effectuate the provisions of this section.
(5) Any person violating the provisions of this section, upon conviction for a first violation, shall be punished by a fine of not less than Five Hundred Dollars ($500.00) nor more than One Thousand Dollars ($1,000.00) or by imprisonment in the county jail for not more than six (6) months, or by both. Any person violating the provisions of this section, upon conviction for a second or subsequent violation, shall be punished by imprisonment in the Penitentiary for not less than one (1) year or a fine of not less than One Thousand Dollars ($1,000.00), or by both. Any person who holds a license issued under this section who is convicted of any violation of this section, shall have his license revoked for a minimum of one (1) year.
CREDIT(S)
Laws 1994, Ch. 605, § 1, eff. July 1, 1994.
Title 73. Professions and Vocations. Chapter 39. Veterinarians.
§ 73-39-89. Abandoned animals; presumption; disposal; immunity
(1) Any animal placed in the custody of a licensed veterinarian for treatment, boarding or other care which is unclaimed by the client for more than ten (10) days after written notice by certified mail, return receipt requested, or United States priority mail, confirmation of receipt, is sent to the client at the client's last known address shall be deemed to be abandoned. The abandonment shall constitute the relinquishment of all rights and claims by the client to the animal. The abandoned animal may be turned over to the nearest humane society or animal shelter or otherwise disposed of or destroyed by the licensed veterinarian in a humane manner.
(2) If a licensed veterinarian follows the procedures of this section, the veterinarian is relieved of any further liability for disposal and shall not be subject to disciplinary action under this chapter.
(3) The disposal of an abandoned animal shall not relieve the client of any financial obligation incurred for treatment, boarding or other care provided by the licensed veterinarian.
CREDIT(S)
Added by Laws 2005, Ch. 421, § 20, eff. July 1, 2005; reenacted by Laws 2008, Ch. 447, § 20, eff. from and after passage (approved April 8, 2008).
Title 95. Torts. Chapter 5. Trespass.
§ 95-5-19. Dog endangering poultry or livestock
The owner, or the immediate family, employee or agent of the owner, of any poultry or livestock, including cattle, horses, mules, jacks, jennets, sheep, goats and hogs, may kill any dog in the act of chasing or killing any such poultry or livestock, and any such person shall not be liable therefor to the owner of the dog.
CREDIT(S)
Laws 1983, Ch. 374, § 1; Laws 1985, Ch. 377, § 1, eff. July 1, 1985.
§ 95-5-21. Owner liable, dog injuring animals
If any dog shall kill or injure any poultry or any livestock, including cattle, horses, mules, jacks, jennets, sheep, goats and hogs, the owner of the dog shall pay to the owner of such poultry or livestock any loss suffered as a result of such injury and the value of the poultry or livestock killed and all costs of collection, including court costs and reasonable attorney's fees.
CREDIT(S)
Laws 1956, Ch. 242, § 1; Laws 1983, Ch. 374, § 2, eff. July 1, 1983.