Statutes
Statute by category |
Citation | Summary |
|---|---|---|
| MO - Wildlife - Chapter 252. Department of Conservation--Fish and Game. | V. A. M. S. 252.040 | No wildlife shall be pursued, taken, killed, possessed or disposed of except in the manner, to the extent and at the time or times permitted by such rules and regulations; and any pursuit, taking, killing, possession or disposition thereof, except as permitted by such rules and regulations, are hereby prohibited. Any person violating this section shall be guilty of a misdemeanor except that any person violating any of the rules and regulations pertaining to record keeping requirements imposed on licensed fur buyers and fur dealers shall be guilty of an infraction and shall be fined not less than ten dollars nor more than one hundred dollars. At least one case has held this statute to be applicable to dogs chasing deer. |
| Model National Animal Welfare Act | model law |
This model law was drafted to provide a starting point for the drafting of national animal welfare law. It includes sections related to companion animals, animal cruelty, owner responsibilities, animal experimentation, and food animal provisions, among others. |
| Model National Animal Welfare Act - Spanish |
This is the spanish translation of the Model National Legislation. |
|
| MS - Assistance Animal - Assistance Animal/Guide Dog Laws | Miss. Code Ann. § 43-6-151 - 155; § 43-6-1 - 15; § 97-41-21, 23; § 63-3-1111; § 77-8-31 | The following statutes comprise the state's relevant assistance animal and guide dog laws. |
| MS - Cruelty - Consolidated Cruelty Statutes | Miss. Code Ann. § 97-41-1 - 23; Miss. Code Ann. § 97-29-59; Miss. Code Ann. § 43-21-612 | This section constitutes Mississippi's anti-cruelty and animal fighting provisions, which were recently amended in 2011. The pertinent anti-cruelty law, Sec. 97-41-1, states that any person who intentionally or with criminal negligence overrides, overdrives, overloads, tortures, torments, unjustifiably injures, deprives of necessary sustenance, food, or drink, cruelly beats, or needlessly mutilates any living creature is guilty of a misdemeanor. The cat and dog cruelty provision, 97-41-16, was significantly amended in 2011. This section, known as the "Mississippi Dog and Cat Pet Protection Law of 2011," makes it a misdemeanor to intentionally or with criminal negligence wound, deprive of adequate food, water, or shelter, or carry or confine in a cruel manner, any domesticated cat or dog. Aggravated cruelty occurs when a person with malice intentionally tortures, mutilates, maims, burns, starves or disfigures any domesticated dog or cat. |
| MS - Dangerous Animal - Chapter 3. Crimes Against the Person. | Miss. Code Ann. § 97-3-45 | This Mississippi law makes an owner liable for manslaughter if he or she wilfully allows a mischievous animal to go at large, or it goes at large because the owner fails to exercise ordinary care, and the animal, while at large or not confined, kills any human being who took reasonable precautions to avoid the animal. |
| MS - Dog - Consolidated Dog Laws | Miss. Code Ann. § 19-5-50; § 19-25-83; § 19-5-3; § 21-19-9; § 21-21-5; § 37-7-342; § 41-53-1 - 13; § 45-3-52; § 49-7-42; § 69-29-2; § 73-39-89; § 95-5-19 - 21 | These Mississippi statutes comprise the state's dog laws. Included are provisions relating to hunting with dogs, local dog ordinances, and liability of owners for damage done by dogs. |
| MS - Dog Licenses - Chapter 53. Dogs and Rabies Control. | Miss. Code Ann. § 41-53-11 | This Mississippi statute provides that it is the lawful 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 or who are not inoculated according to state law. No action shall be maintained by the owner for such killing. However, the statute then goes on to say that it is the duty of such officer to first impound the dogs for five days and give a description of the dog to the sheriff. |
| MS - Dog Theft - Chapter 17. Crimes Against Property | Miss. Code. Ann. § 97-17-51 | This Mississippi Statute provides that a person commits a felonious offense by stealing, taking and carrying away any dog that is the property of another. If the person who commits the offense is indicted and convicted for stealing the dog, he or she shall be punished by a fine not more than $500, imprisonment not more than 6 months, or both, or imprisoned in the penitentiary not less than 1 year nor more than 2 years. |
| MS - Dog, police - § 41-59-35. Duration of EMT certificate; transport of injured police dog; | Miss. Code Ann. § 41-59-35 | This law covers certification of emergency medical technicians. In 2018, the law was amended to allow an EMT, EMT-A, EMR, or Paramedic to transport a police dog injured in the line of duty to a veterinary clinic, hospital emergency department or similar facility if there are no persons requiring medical attention or transport at that time. Under this subsection, “police dog” means a dog owned or used by a law enforcement department or agency in the course of the department or agency's work, including a search and rescue dog, service dog, accelerant detection canine, or other dog that is in use by a county, municipal, or state law enforcement agency. |
| MS - Ecoterrorism - Animal Research or Exhibiting Facilities Protection Act | Miss. Code Ann. § 69-29-301 to 69-29-315 | This section comprises Mississippi's Animal Research or Exhibiting Facilities Protection Act. The act prohibits a person, without the effective consent of the owner, to acquire or otherwise exercise control over an animal facility with the intent to deprive the owner of the facility, animal or property and to disrupt or damage the enterprise conducted at the animal facility. A person is also prohibited from entering and remaining concealed at a facility with the intent to damage or disrupt the facility. Violation for damaging a facility is a fine of up to $10,000 and/or imprisonment for up to 3 years. Violation for illegal entry with an intent to damage or disrupt the facility results in a fine of up to $5,000 and/or imprisonment up to 1 year. |
| MS - Endangered Species - Chapter 5. Nongame and Endangered Species Conservation Act | Miss. Code Ann. § 49-5-101 to 49-5-119 | These Mississippi statutes provide the short title for the Nongame and Endangered Species Conservation Act, the definitions for the Act, the legislative findings, and the associated regulations of the Act. Violations under the Act may incur up to a $1,000 fine and/or one-year term of imprisonment as well as equipment confiscation. |
| MS - Equine Activity Liability - Chapter 11. Liability Exemption for Livestock Shows and Equine Activities | Miss. Code Ann. § 95-11-1 to 95-11- 7 | This Mississippi statute embodies the the intent of the Legislature to encourage equine and livestock activities by limiting the civil liability of those involved in such activities. Liability is not limited by this statute where the equine professional knowingly provided faulty tack or equipment, failed to make reasonable and prudent efforts to determine the ability of the participant to engage safely in the equine or livestock activity, owns or otherwise is in lawful possession of the land or facilities upon which the participant sustained injuries because of a known, dangerous latent condition, or if he or she commits an act or omission that constitutes willful or wanton disregard for the safety of the participant or intentionally injures the participant. The statute also requires the visible displaying of warning signs that alert participants to the limitation of liability by law. |
| MS - Exotic pet - Chapter 8. Importation, Sale and Possession of Inherently Dangerous Wild Animals. | Miss. Code Ann. § 49-8-1 to 49-8-19 | This Mississippi chapter states that it is in the public interest to ensure the public health, safety and welfare by strictly regulating the importation, sale, transfer and possession of those wild animals inherently dangerous to humans. Several species are listed under this section as inherently dangerous to humans, including non-human primates, wolves, bears, hyenas, big cats, and hippopotamus, among others. It is unlawful for a person to import, transfer, sell, purchase or possess any wild animal classified inherently dangerous by law or regulation unless that person holds a permit. Those persons who were in possession of such animals on or before May 1, 1997 were able to continue possession provided that they complied with the permit process. Prior to the issuance of a permit, the applicant must have provided proof of liability insurance in the amount of $100,000.00 for each wild animal up to a maximum of $1,000,000.00. |
| MS - Facility, courtroom dog - § 99-43-101. Child witness standards of protection | Miss. Code Ann. § 99-43-101 | Under Mississippi law, in any proceeding in which a child testifies, a child shall have the right to be enforced by the court on its own motion by an attorney in the proceeding to permit a properly trained facility animal or comfort item or both to be present inside the courtroom or hearing room. |
| MS - Horses - Slaughter (Chapter 33. Meat, Meat-Food and Poultry Regulation and Inspection) | Miss. Code Ann. § 75-33-3 | Construes the phrase "unfit for human consumption" in the very broad Mississippi Meat Inspection Act of 1960 to apply to horse meat and meat-food products. |
| MS - Hunting - Chapter 7. Hunting and Fishing. In General. | Miss. Code Ann. § 49-7-147 | This law reflects Mississippi's hunter harassment provision. Under the law, no person shall intentionally interfere with or attempt to prevent the lawful taking of wildlife by another, attempt to disturb wildlife, or attempt to affect wildlife behavior to prevent lawful taking. Further, a person may not harass another person who is engaged in the lawful taking of wildlife or in the preparation for such taking. Engaging in such conduct is a Class II violation. |
| MS - Hunting - § 49-7-68. Computer-assisted remote hunting | Miss. Code Ann. § 49-7-68 | This Mississippi law makes it a Class I offense a person to engage in computer-assisted remote hunting. It is also unlawful for a person to provide or operate a facility for computer-assisted remote hunting if the game animal or bird being hunted is located in this state. |
| MS - Hunting, birds - § 49-1-39. Killing animals or birds injurious to agriculture; | Miss. Code Ann. § 49-1-39; Miss. Code Ann § 49-5-7 | Mississippi amended its laws in 2000 to specifically disallow the killing of any bird protected under the Migratory Bird Treaty Act, and was further amended to prohibit the killing or molestation of any wild bird (other than a game bird and some excepted species). While the law was written with an evident bias toward agricultural protection, it does specifically mention the eagle as one of the species protected under federal law. |
| MS - Initiatives - HCR 30, Establish the Right to Hunt, Fish and Harvest Wildlife as a Constitutional Right | HCR 30 (2014) | This 2014 proposed legislative referendum would establish the right to hunt and fish in the state. "Section 12A. The people have the right to hunt, fish and harvest wildlife, including by the use of traditional methods, subject only to laws and regulations that promote wildlife conservation and management and that preserve the future of hunting and fishing, as the Legislature may prescribe by general law. Public hunting and fishing shall be a preferred means of managing and controlling wildlife. This section may not be construed to modify any provision of law relating to trespass, property rights, the regulation of commercial activities or the maintenance of levees pursuant to Article 11." |
| MS - Leash, Impound - Chapter 19. Health, Safety, and Welfare | Miss. Code Ann. § 21-19-9 | This Mississippi law grants broad powers to local units of government for animal control, including 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. |
| MS - Licenses - Chapter 5. Health, Safety and Public Welfare. In General | Miss. Code Ann. § 19-5-50 | This Mississippi statute provides that 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 and any county with a population in excess of two hundred thousand (200,000) 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. These governing bodies are also given the authority to regulate and tax dogs generally. |
| MS - Slaughter - Chapter 35. Meat Inspection | Miss. Code Ann. § 75-35-1 to 75-35-327 |
These Mississippi statutes regulate meat products, animal slaughter, inspection and branding. Animals to be slaughtered must examined and slaughtered humanely, which means being “rendered insensible to pain... before being shackled, hoisted, thrown, cast or cut.” Meat and meat products must be labeled “Mississippi inspected and passed.” Any violation of the provisions may result in imprisonment and/or a fine. |
| MS - Theft - § 97-17-61. Taking of animals or vehicles | Miss. Code Ann. § 97-17-61 | This Mississippi statute provides that any person who takes away any livestock animal, dog, or vehicle without the consent of the owner or his or her agent, where such taking and carrying away does not amount to larceny, shall be fined, imprisoned, or both upon conviction. This statute does not apply to anyone who takes property of another believing, in good faith, that he or she has a right to do so. |
| MS - Trust - § 91-8-408. Trust for care of animal | Miss. Code Ann. § 91-8-408 | This Mississippi statute allows a trust to be created to provide for the care of an animal alive during the settlor's lifetime. The trust terminates upon the death of the animal or, if the trust was created to provide for the care of more than one (1) animal alive during the settlor's lifetime, upon the death of the last surviving animal. |
| MS - Veterinarian License - Chapter 39. Veterinarians. Mississippi Veterinary Practice Act. | Miss. Code Ann. § 73-39-77 | This Mississippi statutes provides the terms under which a veterinarian can lose his or her license to practice veterinary medicine. |
| MS - Veterinary - Chapter 39. Veterinarians. | Miss. Code Ann. § 73-39-51 to 73-39- 95 | These are the state's veterinary practice laws. Among the provisions include licensing requirements, laws concerning the state veterinary board, veterinary records laws, and the laws governing disciplinary actions for impaired or incompetent practitioners. |
| MS - Wildlife, Bounty - Chapter 5. Health, Safety and Public Welfare. In General. | Miss. Code Ann. § 19-5-51 | This Mississippi law provides that any board of supervisors may, by appropriate resolution offer a bounty not to exceed $5.00 for each nutria, beaver or bobcat destroyed, where the board determines that nutria, beaver or bobcats are in such quantities that the preservation of trees is at issue. The The Mississippi Department of Wildlife, Fisheries and Parks will issue a $5 bounty upon the presentation of the tail of any beaver. |
| MT - Animal Welfare - Animal Welfare Act | Chapter 439, Act XXV |
The purpose of this Act is to establish and consolidate the protection of animals kept for work, sport, companionship, and food. The term "animal" is defined under the Act as ‘all living members of the animal kingdom, other than human beings, and includes free-living larval and, or, reproducing larval forms, but does not include foetal or embryonic forms.’ |
| MT - Assistance Animal - Assistance Animal/Guide Dog Laws | MCA 49-4-202 to 49-4-222; 61-8-516; 70-24-114; 70-33-110 | The following statutes comprise the state's relevant assistance animal and guide dog laws. |
| MT - Bear - Chapter 5. Wildlife Protection. Part 3. Grizzly Bear | MCA 87-5-301 to 87-5-303 | These Montana statutes state that state policy is to manage grizzly bears to avoid conflicts with humans and livestock, and control distribution by trapping and lethal measures. The commission may regulate the hunting of grizzlies and establish requirements for their transportation, exportation, and importation. |
| MT - Bite - Chapter 1. Availability of Remedies--Liability. | MCA 27-1-715 | This Montana statute provides that the owner of any dog which shall without provocation bite any person while such person is on or in a public place or lawfully on or in a private place, including the property of the owner of such dog, located within an incorporated city or town shall be liable for such damages as may be suffered by the person bitten regardless of the former viciousness of such dog or the owner's knowledge of such viciousness. |
| MT - Commerce - 87-6-202 Unlawful possession, shipping, or transportation of game fish, bird, game animal | MCA 87-6-202 | Under Montana State law, it is unlawful to buy, sell, or possess, or offer to buy, sell or possess any migratory game bird, game fish, or game animal. The exceptions include the possession and transportation of legally taken game animals, the sale or purchase of hides, heads or mounts of legally acquired game animals, and the possession of naturally shed antlers of game animals, among other exceptions. |
| MT - Cruelty - Consolidated Cruelty Statutes | MCA 45-8-209 - 211; 45-8- 217; 45-8-218; 7-23-4104 | This section comprises Montana's anti-cruelty and dogfighting laws. A person commits the offense of cruelty to animals if he or she knowingly or negligently subjects an animal to mistreatment or neglect; fails to provide an animal in the person's custody with food and water of sufficient quantity or minimum protection for the animal from adverse weather conditions; or, in cases of immediate, obvious, serious illness or injury, fails to provide licensed veterinary or other appropriate medical care. Animal abandonment of a "helpless animal" or abandoning any animal on any highway, railroad, or in any other place where it may suffer is also considered cruelty. A first conviction results in a possible $1,000/1 year imprisonment with graduating penalty enhancements for subsequent convictions. This section does not prohibit a person humanely destroying an animal for just cause or the use of commonly accepted agricultural and livestock practices on livestock (among other things). Section 217 defines aggravated cruelty as either knowingly or purposely killing or inflicting cruelty to an animal with the purpose of terrifying, torturing, or mutilating the animal, or inflicting cruelty to animals on a collection, kennel, or herd of 10 or more animals. |
| MT - Dangerous - CHAPTER 23. DOMESTIC ANIMAL CONTROL AND PROTECTION. | MCA 7-23-2109 | This Montana statute provides that the county governing body may regulate, restrain, control, kill, or quarantine any vicious dog, whether such dog is licensed or unlicensed, by the adoption of an ordinance which substantially complies with state dangerous dog laws. |
| MT - Dog - Dogs Act | Act XXI of 1985, Amended by VII of 1990 |
The Dogs Act was originally enacted in 1985. It provides that a person keeping a dog over the age of six months must obtain a licence for the dog. If a person does not have a licence for the dog, he or she shall be guilty of a criminal offence and will be liable to the punishment of a fine ( ammenda ) of five liri. |
| MT - Dogs - Consolidated Dog Laws | MCA 7-23-101 to 7-23-105; 7-23-2108 to 7-23-4104; 7-23-4201 to 7-23-4203; 27-1-715; 81-7-401 to 81-7-403; 87-6-106; 87-2-519, 521; 87-3-601, 602; 87-6-404 | These Montana statutes comprise the state's dog laws. Among the provisions include strict liability for all dog bites, authority for counties to enact ordinances regarding dangerous dogs, barking dogs, and destruction of unlicensed dogs, as well as general laws related to registration and licensing. |
| MT - Ecoterrorism - Chapter 30. Protection of Farm Animals and Research Facilities | MCA 81-30-101 to 81-30- 105 | This chapter comprises Montana's Farm Animal and Research Facilities Protection Act." Unlawful acts include exercising control over a facility without consent, damaging or destroying the property of an animal facility, entering an animal facility with the intent to commit a prohibited act, entering an animal facility to take pictures by photograph, video camera, or other means with the intent to commit criminal defamation, and entering an animal facility if the person knows entry is forbidden. A person who has been damaged by reason of a violation of 81-30-103 may bring against the person who caused the damage an action in the district court to recover an amount equal to three times all actual and consequential damages; and court costs and reasonable attorney fees. |
| MT - Endangered Species - Chapter 5. Wildlife Protection. | MCA 87-5-101 to 87-5-132 | These Montana statutes provide the short title for the Nongame and Endangered Species Conservation Act, the definitions associated with the Act, and the legislative policy behind the Act. |
| MT - Equine Activity Liability - Chapter 1. Availability of Remedies--Liability. | MCA 27-1-725 to 27-1-728 | The Montana equine activity liability act provides that it is the policy of the state of Montana that a person is not liable for damages sustained by another solely as a result of risks inherent in equine activities if those risks are or should be reasonably obvious, expected, or necessary to persons engaged in equine activities. Liability is not limited by this statute where the equine professional knowingly provided faulty tack or equipment, failed to make reasonable and prudent efforts to determine the ability of the participant to engage safely in the equine activity, owns or otherwise is in lawful possession of the land or facilities upon which the participant sustained injuries because of a known, dangerous latent condition, or if he or she commits an act or omission that constitutes willful or wanton disregard for the safety of the participant or intentionally injures the participant. |
| MT - Exotic pets - Chapter 4. Commercial Activities. | MCA 87-4-801 to 87-4-808 | This set of Montana laws covers both "roadside menagerie" (any place where one or more wild animals are kept in captivity for the evident purpose of exhibition or attracting trade, excluding an educational institution or a traveling theatrical exhibition or circus based outside of Montana) and "wild animal menagerie" (any place where one or more bears or large cats, including cougars, lions, tigers, jaguars, leopards, pumas, cheetahs, ocelots, and hybrids of those large cats are kept in captivity for use other than public exhibition). The latter definition seems to cover the keeping of those listed species as exotic pets. Under the section, it is unlawful for any person to operate a roadside menagerie or wild animal menagerie without a permit. The annual permit fee for five or less animals is $10. The annual permit fee for more than five animals is $25. |
| MT - Exotic wildlife - Part 7. Importation, Introduction, and Transplantation of Wildlife | MCA 87-5-701 to 87-5-725 | These Montana statutes control the importation, introduction, and transplantation of exotic wildlife into the state. The importation of any wildlife is prohibited unless the species poses no threat of harm to native wildlife and plants or to agricultural production and that the introduction has significant public benefits. Violations may result in a fine or imprisonment. |
| MT - Fur - Chapter 4. Commercial Activities. | MCA 87-4-1001 to 87-4-1014 | In Montana statutes, a person may not own or propagate furbearers unless the person holds a fur farm license. Each licensee must keep records as to the animals and purchasers involved. A fur farm license may be revoked for failure to operate the fur farm according to the provisions. |
| MT - Horse Slaughter - Chapter 9. Slaughter. | MCA 81-9-240, 241 | This Montana statute limits the ability of a court to issue an injunction aimed at delaying or stopping the construction of an equine slaughter or processing facility. Additionally, the law provides that if a person files an action against the operation of an equine slaughter or processing facility and does not prevail, the person is liable for all financial losses the facility suffers if the court issues an injunction that halts operations while the action is pending. |
| MT - Hunting - Chapter 3. Restrictions and Regulations | MCA 87-6-215 | This law represents Montana's hunter harassment law. Under the law, a person may not intentionally interfere with the lawful taking of a wild animal or fishing by another, which includes disturbing a wild animal by engaging in actions or the placement of objects/substances to prevent its taking. This section does not prohibit a landowner or lessee from taking reasonable measures to prevent imminent danger to domestic livestock and equipment. |
| MT - Hunting - Chapter 4. Commercial Activities. | MCA 87-4-401 to 87-4-433 | In Montana, a person may not operate an alternative livestock ranch without a license. Such ranches are defined as enclosed land upon which animals such as privately owned caribou, white-tailed deer, etc, are kept for purposes of obtaining, rearing in captivity, keeping, or selling. The rancher has reporting requirements. Failure to comply with provisions of the act may result in revocation of the license. |
| MT - Initiative - I-177, Initiative to Prohibit Trapping and Snaring of Animals (2016) | I-177 (2016) | Initiative 177 is a law proposed by initiative petition (cited in the law as "Montana Trap-Free Public Lands Act"). According to the official summary, "I- 177 generally prohibits the use of traps and snares for animals on any public lands within Montana and establishes misdemeanor criminal penalties for violations of the trapping prohibitions. I-177 allows the Montana Department of Fish, Wildlife, and Parks to use certain traps on public land when necessary if nonlethal methods have been tried and found ineffective. I-177 allows trapping by public employees and their agents to protect public health and safety, protect livestock and property, or conduct specified scientific and wildlife management activities. I-177, if passed by the electorate, will become effective immediately." A "yes" vote is in favor of the law that would prohibit the use of traps and snares on state public lands. A "no" vote is a vote against the proposed law that would prohibit the public from placing traps and snares on public lands. |
| MT - Initiatives - Constitutional Amendment 41 | Constitutional Amendment 41 (2004) | This 2004 ballot measure was an amendment to the constitution proposed by the legislature. The 2003 Legislature submitted this proposal for a vote. It would amend the Montana Constitution by adding a provision specifically to recognize and preserve the opportunity of Montana citizens to harvest wild fish and wild game animals. The amendment specifies that this new provision does not create a right to trespass on private property or diminish any other private rights. This amendment is effective upon approval by the electorate. It was passed in 2004 by 80.6% of voters. |
| MT - Initiatives - I-143 (game farm reform) | 1-143 (2000) | This initiative would amend state law to prohibit all new alternative livestock ranches, also known as game farms. Existing game farms would be allowed to continue operating, but would be prohibited from transferring their license to any other party. They would also be prohibited from allowing shooting of game farm animals for any type of fee. The proposal also repeals provisions of the law concerning applications for expansion of game farms. If approved by voters, the measure would take effect immediately. It was passed in 2000 by 51.4% of voters. |
| MT - Lost Property - RIGHTS AND DUTIES OF FINDERS GENERALLY | MCA 70-5-101 to 70-5-107 | This section comprises Montana's lost property provisions. |