When the Winston County Board of Supervisors met during the first week of May, Sheriff Mike Perkins brought a suggestion regarding a “potentially dangerous dog” ordinance for the county.
The ordinance is “only for dangerous dogs that pose a threat to the public,” according to Perkins. The sheriff added that this ordinance is something that has been needed in the county for quite a while and that other counties across the Magnolia State have county ordinances for dangerous dogs.
When presenting the ordinance, Perkins told the board that the ordinance offers protections for dog owners. It is not breed specific, but it does detail what constitutes a dangerous or potentially dangerous dog. The ordinance also details what a public nuisance involving a dog would involve.
The ordinance defines a dangerous dog as “any dog with a known propensity, tendency or disposition to make unprovoked attacks, to cause injury to or otherwise endanger the safety of humans or domestic animals.” The statement goes further: “(a dangerous dog) has behaved in such a manner that the owner knows or reasonably should know that the dog is possessed of tendencies to commit (an) unprovoked attack or to injure human beings or other domestic animals.” Finally, the definition of a dangerous dog includes one that has been declared such by a veterinarian due to a history of unprovoked attacks.
Again, it is important to remember that the county’s definition of a “dangerous dog” does not specify breed.
Winston Countians should also know that the ordinance calls them to secure their pets so that they do not become a nuisance to others. This would include loud, repetitive barking, defecating or urinating on property other than the owner’s, damaging plants (including garden plants) and overturning garbage cans.
The ordinance also describes how the Sheriff’s Office is to handle reports of a dangerous or potentially dangerous dog. The ordinance notes “as deemed necessary” they will conduct an investigation. This would include obtaining affidavits from those who turn in potentially dangerous dog information to the sheriff. The county will also send officers to interview the owner of the dog in question.
The investigation will then determine whether the dog is to be deemed dangerous. The sheriff’s department will send written notification to the owner via registered mail. The owner then has the opportunity to request a hearing in the Winston County Justice Court, but he or she must make this request within ten days. A determination hearing will be held within 21 days of receipt of the request for a hearing.
Owners should note that the dog in question must be confined to a proper enclosure or turned over to the Sheriff’s office for impoundment until the hearing has been completed. If the dog is impounded, the owner must pay all costs of housing.
If an owner cannot be identified, a notification of impoundment will be posted at the Sheriff’s office; however, if no one claims the dog within ten days (of notification to the owner OR of notification by posting) – that dog will be put down.
Owners will be responsible for paying any food and/or medical costs of an impounded dog, and this amount is payable when claiming the dog.
Citizens should note that this is an attempt at encouraging responsible pet ownership. Dogs that live outdoors should be left in a “proper enclosure” with adequate food and water. If an enclosure is not possible, then the dog should be restrained. Owners who know that they have a potentially dangerous dog should display signs on their property warning the public of the existence of the dog (i.e., “Beware of Dog”).
Owners are also strongly encouraged via the ordinance to properly vaccinate their dogs, particularly against rabies.
It’s also important to understand that one’s dog being deemed dangerous by the county does not mean immediate euthanization. The owner will be required to comply with ensuring the dog is properly confined and that signs appear on their property warning of the dog’s presence. However, if the owner cannot satisfy the requirements, the dog may be placed for adoption. Yes, euthanization is still an option for the Justice Court judge over the case, but it isn’t the only option.
Winston Countians should also note that Mississippi law does take into account for domestic animals – chickens, cattle, etc. that may be attacked by a dog and killed or injured. County Attorney Hugh Hathorn noted at the meeting that the owner of a domestic animal killed by a dangerous dog does have certain rights regarding his livestock that is already written into state law.
Winston Countians, the dog ordinance has been put into place due to issues with dangerous or potentially dangerous dogs, and it is not set up to disparage any one breed but to protect the rights of both the dog’s owner and the property owner or those who have been bitten, attacked or injured by a dog in the county. Sheriff Perkins noted that most all counties in Mississippi have some form of an ordinance in place already; he also added that this ordinance is ONLY intended to provide procedures for how to deal with “dangerous dogs that are a threat to the public.”
Even in the event of public nuisance complaints, the Sheriff’s Department will not immediately impound a dog – instead, they will investigate the matter and make a determination.
The dog ordinance is expected to take effect by the end of June, and a full copy of the ordinance is available in the Journal for this week and next week.
