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Legal Notices

IN THE CHANCERY COURT OF

MARSHALL COUNTY, MISSISSIPPI

GRACE HAVANA WATKINS BY AND

THROUGH HER NEXT FRIEND AND

MOTHER, JESSICA D. WATKINS PETITIONER

CAUSE NUMBER: 08-0505 R

DERECK S. WILSON RESPONDENT

SUMMONS BY PUBLICATION

TO: DERECK S. WILSON

Wherever He May Be Found

You are summoned to appear and defend against said complaint/petition at 9:30 o’clock A.M. on Thursday, the 20th day of November, 2008, in Chancery courtroom of the Marshall County Courthouse at Holly Springs, Mississippi, and in case of your failure to appear and defend a judgment will be entered against you for the money or other things demanded in the complaint or petition.

You are not required to file and answer or other pleading but you may do so if you desire.

ISSUED under my hand and the Seal of said Court, on this 12th day of September, 2008.

C. W. “CHUCK” THOMAS

MARSHALL COUNTY CHANCERY CLERK

P.O. Box 219

Holly Springs, Mississippi 38635

BY: Karen Cook, DEPUTY CLERK

(38-40c)

OFFICE OF STATE AID ROAD CONSTRUCTION

MISSISSIPPI DEPARTMENT OF TRANSPORTATION

AND

MARSHALL COUNTY BOARD OF SUPERVISORS

SECTION 900

NOTICE TO CONTRACTORS:

Sealed bids will be received by the Board of Supervisors of Marshall County, Mississippi at the Marshall County Courthouse, Holly Springs, Mississippi, until 10:00 am on the 20th day of October, 2008 and shortly thereafter publicly opened for the construction of 2.459 miles of BASE REPAIR, LEVELING, OVERLAY on the WATSON-LEES CROSSING ROAD being known as Project No. SAP-47(11)M in Marshall County, Mississippi.

PRINCIPAL ITEMS OF WORK ARE

APPROXIMATELY AS FOLLOWS:

ITEM QUANTITY UNIT

ROADWAY ITEMS:

MOBILIZATION LUMP SUM LS

UNCLASSIFIED

EXCAVATION (FM) 0.900 CY

HOT MIX ASPHALT, ST,

12.5 MM 2,443.000 TON

HOT MIX ASPHALT, ST,

19 MM, 26.400 TON

BASE & EDGE REPAIR

HOT MIX ASPHALT, ST,

12.5 MM, 1,588.000 TON

LEVELING

MAINTENANCE OF TRAFFIC LUMP SUM LS

ADDITIONAL CONSTRUCTION SIGNS 0.000 SF

NOTICE TO CONTRACTORS:

CONTRACT TIME:45 Working Days

BASIS OF AWARD

The award, if made, will be made to the lowest qualified bidder on the basis of published quantities.

The Board of Supervisors hereby notifies all bidders that it will affirmatively insure that in any contract entered into pursuant to this advertisement, minority business enterprise will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award.

PLANS AND SPECIFICATIONS are on file in the Office of the Chancery Clerk of Marshall County, the County Engineer's office and the Office of the State Aid Engineer, 412 Woodrow Wilson Avenue, Jackson, Mississippi. This project shall be constructed in accordance with the latest edition of the Mississippi Standard Specifications for State Aid Road and Bridge Construction.

PLANS AND PROPOSALS may be secured from Larry L. Britt, County Engineer for Marshall County, Mississippi, P. O. Box 308, Oxford, 662-234-1763. The Cost is seventy-five dollars ($75.00) for plans and thirty dollars ($30.00) for the proposal, non-refundable.

Certified check or bid bond for five percent (5%) of the total bid, made payable to Marshall County and the State of Mississippi must accompany each proposal.

Bidders are hereby notified that any proposal accompanied by letters qualifying in any manner the condition under which the proposal is tendered will be considered an irregular bid and such proposal will not be considered in making the award.

/s/ Ronnie Joe Bennett, President

Marshall County Board of Supervisors

(38-39c)

SUBSTITUTE TRUSTEE’S NOTICE OF SALE

WHEREAS, on the 25th day of October, 2006, Allen R. Strole executed a Deed of Trust to Thomas Conner, Trustee, for the benefit of Third Union Finance, Inc., which Deed of Trust is recorded in the Office of the Chancery Clerk of Marshall County, Mississippi, in Land Deed of Trust Book No. 423, at Pages 643-644, to which reference is herein made; and

WHEREAS, Third Union Finance, Inc. substituted and appointed Hugh H. Armistead as Substitute Trustee in and for the above described Deed of Trust pursuant to said Deed of Trust and the indebtedness secured thereby, in lieu and in place of the aforesaid Trustee, Thomas Conner, by instrument dated the 3rd day of September, 2008, and filed as Instrument No. 2008005012, in the land records of the Office of the Chancery Clerk of Marshall County, Mississippi; and

WHEREAS, default having been made in payment of the indebtedness secured by said Deed of Trust, and the holder of the Note and Deed of Trust having requested the undersigned Substitute Trustee so to do, I will on Friday, October 10, 2008, offer for sale at public outcry and sell during the legal hours between the hours of 11:00 A.M. and 4:00 P.M. at the South front door of the Marshall County Courthouse, in the City of Holly Springs, Mississippi, for cash and to the highest and best bidder, the following described real property, situated in Marshall County, Mississippi, to-wit:

Lot No. 62, Part I, of Gordon Lake Farms Subdivision located in Sections 13, 14, and 23, Township 4 South, Range 5 West, Marshall County, Mississippi as per plat of record in Plat Book 9, Pages 58, 59, and 60, Chancery Clerk’s Office, Marshall County, Mississippi.

Marshall County Tax Assessor Parcel No. 274-14-02600.

I will sell and convey only such title as is vested in me as Substitute Trustee.

WITNESS my signature, this the 16th day of September, 2008.

HUGH H. ARMISTEAD,

Substitute Trustee

6515 Goodman Road, Suite 3

Olive Branch, MS 38654

662-895-4844

Publish: Sept. 18, Sept. 25, Oct. 2 and Oct. 9, 2008

(38-41c)

IN THE CHANCERY COURT OF

MARSHALL COUNTY, MISSISSIPPI

TERRY EUGENE SAWYER, TESTATOR

VS. CAUSE NO: 08-0489A

SARAH CRAIN SAWYER, EXECUTRIX

NOTICE TO CREDITORS

Letters Testamentary were granted to the undersigned on the Estate of Terry Eugene Sawyer, Deceased, by the Chancery Court of Marshall County, Mississippi, on September 10, 2008, and notice is hereby given to all persons having claims against said estate to present the same to the Clerk of said Court for probate and registration within ninety (90) days from the date this notice is first published, or they will be forever barred.

Witness my signature this the 15th day of September, 2008.

SARAH CRAIN SAWYER, EXECUTRIX

JAMES E. WOODS, MSB#7386

WATKINS LUDLAM WINTER & STENNIS, P.A.

P.O. Box 1456

6897 Crumpler Blvd., Suite 100

Olive Branch, MS 38654

(662) 895-2996

Solicitors for the Estate of

Terry Eugene Sawyer

(38-40c)

SUBSTITUTE TRUSTEE'S NOTICE OF SALE

STATE OF MISSISSIPPI

COUNTY OF MARSHALL

WHEREAS, on June 12, 2007, Lisa K. Ramsey executed and delivered a certain Deed of Trust unto Jeanine B. Saylor, Trustee for the benefit of Magna Bank F/K/A 1st Trust Bank for Savings, FSB, A Federal Savings Bank, to secure an indebtedness therein described, which Deed of Trust is recorded in the office of the Chancery Clerk of Marshall County, Mississippi in Book 440, Page 878; and

WHEREAS, said Deed of Trust was subsequently assigned unto Countrywide Home Loans, Inc., by instrument recorded in the Office of the aforesaid Chancery Clerk in Instrument 2008004330; and

WHEREAS, the holder of said Deed of Trust substituted and appointed Nationwide Trustee Services, Inc., as Trustee in said Deed of Trust by instrument recorded in the Office of the aforesaid Chancery Clerk Instrument 2008004342 ; and

WHEREAS, default having been made in the payments of indebtedness secured by said Deed of Trust, and the holder of said Deed of Trust, having requested the undersigned so to do, on October 9, 2008, I will, during legal hours (between the hours of 11 o' clock a.m. and 4 o' clock p.m.), at public outcry, offer for sale and will sell, at the South Door of the Marshall County Courthouse at Holly Springs, Mississippi, for cash to the highest bidder, the following described land and property situated in Marshall County, Mississippi, to-wit:

Lot 56, Phase II, Twin Oaks East Subdivision, situated in Section 3, Township 2 South, Range 4 West, as shown on plat of record in Plat File 1025B in the Chancery Clerk's Office of Marshall County, Mississippi.

Title to the above described property is believed to be good, but I will convey only such title as is vested in me as Substituted Trustee.

WITNESS MY SIGNATURE, this the 11th day of September, 2008

Christian Mayer

Christian Mayer, Vice President

Nationwide Trustee Services, Inc.

1587 Northeast Expressway

Atlanta, Ga 30329

(770) 234-9181 ext

0803106MS

PUBLISH: 09/18/08, 09/25/08, 10/02/08

(38-40c)

Substitute Trustee's Notice of Sale

STATE OF MISSISSIPPI

COUNTY OF Marshall

WHEREAS, on the 14th day of September, 1999, Mary Pool, a single person, executed and delivered a certain Deed of Trust unto Michael L Riddle, Trustee for First Consolidated Mortgage Company, Beneficiary, to secure an indebtedness therein described, which Deed of Trust is recorded in the office of the Chancery Clerk of Marshall County, Mississippi in Book 256 at Page 161; and

WHEREAS, by various assignments on record said Deed of Trust was ultimately assigned to LaSalle Bank National Association as Trustee by instrument recorded in the office of the aforesaid Chancery Clerk in Instrument # 2008005071; and

WHEREAS, on the 3rd day of September, 2008, the Holder of said Deed of Trust substituted and appointed Emily Kaye Courteau as Trustee in said Deed of Trust, by instrument recorded in the office of the aforesaid Chancery Clerk in Instrument # 2008005075; and

WHEREAS, default having been made in the payments of the indebtedness secured by the said Deed of Trust, and the holder of said Deed of Trust, having requested the undersigned so to do, on the 9th day of October, 2008, I will during the lawful hours of between 11:00 a.m. and 4:00 p.m., at public outcry, offer for sale and will sell, at the south door of the Marshall County Courthouse at Holly Springs, Mississippi, for cash to the highest bidder, the following described land and property situated in Marshall County, Mississippi, to-wit:

Lot 2 of Block “A” of the BSM S/D being part of Lot 7 all in Section 5, Township 4 South, Range 2 West, City of Holly Springs, Marshall County, Mississippi and being more particularly described as follows:

Commence at the N.E. Corner of Lot 7; thence S 0 degrees 27' 36” E 90.00 feet along the West r/w of Chesterman Street to a 1/2” re-bar set, said point being the POINT OF BEGINNING; thence S 0 degrees 27'36”E 90.00 feet to a 1/2” re-bar set: thence S 89 degrees 32' 24” W 150.00 feet to a 1/2” re-bar set; thence N 0 degrees 27'36” W 90.00 feet to a 1/2” re-bar set; thence N 89 degrees 32'24” E 150.00 feet to the POINT OF BEGINNING.

Said Tract containing 0.31 acres more or less (13,500 square feet)

I will only convey such title as is vested in me as Substitute Trustee

WITNESS MY SIGNATURE, this day September 15, 2008.

Emily Kaye Courteau

Substitute Trustee

2309 Oliver Road

Monroe, LA 71201

(318) 330-9020

sdr/F08-2468

PUBLISH: 9-18-08 / 9-25-08 / 10-2-08

(38-40c)

IN THE CHANCERY COURT OF

MARSHALL COUNTY, MISSISSIPPI

MALISSIA RICHARDSON A/K/A MALISSIA HEAD,

RAMARVIN HEAD, DANIEL S. HEAD, BENNIE C.

HEAD, JR., THOMAS MARTIN , JR. PLAINTIFFS

VS. CAUSE NO. 2008- 0172 R

HARRISEL RICHMOND, EDDIE SAYLES,

CLEOPATRIA S. HARRIS, NOLA PEGUES,

SAM SAYLES, MARVIN PEGUES, SHEILA

PEGUES, MWANGA-AKERELE-ALE,

LEWIS PEGUES, KHADIJAH PEGUES

ABDUL-ALEEN, ELMO LYLES, FANNIE

LYLES AND ANY AND ALL PERSONS

HAVING OR CLAIMING ANY INTEREST

IN THE SUBJECT PROPERTY DEFENDANTS

SUMMONS BY PUBLICATION

THE STATE OF MISSISSIPPI

TO: Shelia Pegues, whose last known address is 302 N. Kenyan St., Indianapolis, Indiana.

The property which is the subject matter of this complaint is located and situated in Marshall County, Mississippi, and is described as follows:

Approximately 320 acres, more or less, being the Southeast Quarter and the Southwest Quarter of Section 20, Township 4, Range 2 West, Marshall County, Mississippi, being more particularly described as follows, to-wit:

BEGINNING at a Buggy Axle found at the Southwest Corner of Section 20, Township 4 South, Range 2 West, Marshall County, Mississippi; run thence North 00 degrees, 18 minutes, 17 seconds East 2234.67 feet to a ? inch re-bar found; run thence North 00 degrees, 14 minutes, 24 seconds West 396.02 feet to a 1 1/4 inch iron pipe found; run thence South 89 degrees, 53 minutes, 48 seconds East 3851.05 feet to a ? inch re-bar set; run thence South 00 degrees, 24 minutes, 58 seconds East 1838.76 feet to a ? inch re-bar set; run thence South 89 degrees, 53 minutes, 48 seconds East 1420.98 feet to a ? inch rebar set; run thence South 00 degrees, 24 minutes, 58 seconds East 794.89 feet to a 48 inch Cottonwood Tree; run thence North 89 degrees, 51 minutes, 56 seconds West 5301.39 feet to the POINT OF BEGINNING. Said tract containing 259.37 acres, more or less. All according to that survey by Perry D. Young, PLS No. 2665, dated March 30, 2007.

AND

60 acres, more or less, described as follows: Beginning at the Southeast Corner of Section 20, Township 4, Range 2 West, running North 5 degrees 50 minutes West, 12 chains and 14 links to a point, said point being the POINT OF BEGINNING for this survey, running thence South 84 degrees 50 minutes West 21 chains 53 links to a point; thence North 5 degrees 50 minutes West 27 chains 86 links to a point on the North side of a field road; thence North 84 degrees 50 minutes East, 21 chains 53 links to a point; thence South 5 degrees 50 minutes East, 27 chains 86 links to the POINT OF BEGINNING.

This is being the same land and property as conveyed to Frances Pegues, Harrisel Richmond, Malissia Richardson, Cleopatra Daniel, Nola B. Bowen, and Leaslean Sayles, share and share alike, to have and to hold during their lifetime, and upon the death of all the life tenants, then to Charles Pegues’ grandchildren then living by Item I of the Last Will and Testament of Charles M. Pegues, dated March 1, 1946 recorded in Will Book 2, Page 345 , in the Office of the Chancery Clerk of Marshall County, Mississippi.

Defendants other than you in this action are: Khadijah Pegues Abdul-Aleen, Marvin Pegues, Lewis Pegues, Harrisel Richmond and Mwanga-Akerele-Ale.

You are required to mail or hand deliver a written response to the Complaint filed against you in this action to Jennifer L. Shackelford, Attorney for the Plaintiff, whose address is Post Office Box 130, Potts Camp, MS 38659. Your response must be mailed or hand delivered not later than thirty (30) days after the 3rd day of July, 2008, which is the date of first publication of this summons. If your response is not so mailed or delivered, a judgment by default will be entered against you for the relief sought by the Plaintiff. You must also file the original of your response with the Clerk of this Court within a reasonable time afterward.

You are not required to file an answer or other pleading but you may do so if you desire.

Issued under my hand and seal of said Court, this the 9th day of September, 2008.

C.W. “Chuck” Thomas, Chancery Clerk

P.O. Box 219

Holly Springs, MS 38635

Chancery Clerk of Marshall County, MS

By: Madalynne Ash, DC

(38-40c)

SUBSTITUTE TRUSTEE’S NOTICE OF SALE

WHEREAS, on the 8th day of April, 2005, William Middleton and wife, Teresa Middleton, executed a Deed of Trust to Thomas Conner, Trustee, for the benefit of Third Union Finance, Inc., which Deed of Trust is recorded in the Office of the Chancery Clerk of Marshall County, Mississippi, in Land Deed of Trust Book No. 379, at Pages 652-653, to which reference is herein made; and

WHEREAS, Third Union Finance, Inc. substituted and appointed Hugh H. Armistead as Substitute Trustee in and for the above described Deed of Trust pursuant to said Deed of Trust and the indebtedness secured thereby, in lieu and in place of the aforesaid Trustee, Thomas Conner, by instrument dated the 3rd day of September, 2008, and filed as Instrument No. 2008005011, in the land records of the Office of the Chancery Clerk of Marshall County, Mississippi; and

Farm No. 40, COLLIERVILLE-BYHALIA FARMS, situated in Section 14, Township 2 South, Range 5 West, Marshall County, Mississippi, as per plat thereof recorded in Plat Book 9, Page 22, and re-indexed in Plat File No. 394A, in the Office of the Chancery Clerk of Marshall County, Mississippi.

Marshall County Tax Assessor Parcel No. 254-14-05301.

I will sell and convey only such title as is vested in me as Substitute Trustee.

WITNESS my signature, this the 16th day of September, 2008.

HUGH H. ARMISTEAD,

Substitute Trustee

6515 Goodman Road, Suite 3

Olive Branch, MS 38654

662-895-4844

Publish: Sept. 18, Sept. 25, Oct. 2 and Oct. 9, 2008

(38-41c)

SUBSTITUTED TRUSTEE'S NOTICE OF SALE

WHEREAS, on April 11, 2006, David Lewis and Jackie Lewis, Husband & Wife executed a certain deed of trust to Mississippi Title & Appraisal, Trustee for the benefit of New Century Mortgage Corporation which deed of trust is of record in the office of the Chancery Clerk of Marshall County, State of Mississippi in Book 407 at Page 489; and

WHEREAS, said Deed of Trust was subsequently assigned to Wells Fargo Bank N.A., as Trustee, for Carrington Mortgage Loan Trust, Series 2006-NC2 Asset-Backed Pass-Through Certificates by instrument dated August 19, 2008 and recorded in Instrument # 2008004887 of the aforesaid Chancery Clerk's office; and

WHEREAS, Wells Fargo Bank N.A., as Trustee, for Carrington Mortgage Loan Trust, Series 2006-NC2 Asset-Backed Pass-Through Certificates has heretofore substituted J. Gary Massey as Trustee by instrument dated August 20, 2008 and recorded in the aforesaid Chancery Clerk's Office in Instrument # 2008004894; and

WHEREAS, default having been made in the terms and conditions of said deed of trust and the entire debt secured thereby having been declared to be due and payable in accordance with the terms of said deed of trust, Wells Fargo Bank N.A., as Trustee, for Carrington Mortgage Loan Trust, Series 2006-NC2 Asset-Backed Pass-Through Certificates, the legal holder of said indebtedness, having requested the undersigned Substituted Trustee to execute the trust and sell said land and property in accordance with the terms of said deed of trust and for the purpose of raising the sums due thereunder, together with attorney's fees, trustee's fees and expense of sale.

NOW, THEREFORE, I, J. Gary Massey, Substituted Trustee in said deed of trust, will on October 9, 2008 offer for sale at public outcry and sell within legal hours (being between the hours of 11:00 a.m. and 4:00 p.m.), at the South Door of the County Courthouse of Marshall County, located at Holly Springs, Mississippi, to the highest and best bidder for cash the following described property situated in Marshall County, State of Mississippi, to-wit:

Tract III

Beginning at a point on the West line of Carmack Gammons (Book 102, Page 25) a distance of 95 feet North of the Northwest Corner of Luther Carlock and wife Leoda Carlock 3 acres (Book 199, Page 7) in the Southwest Quarter of Section 34, Township 3 South, Range 3 West, Marshall County, Mississippi; thence North 1 degree and 18 minutes West along the West line of Gammon 95 feet; thence North 83 degrees and 42 minutes East parallel with the North line of Carlock 462 feet; thence South 1 degree and 18 minutes East 95 feet; thence South 88 degrees and 42 minutes West 462 feet to the Point of Beginning, containing 1 acres, more or less. Subject to road right of way along the West line and subject to easements and restrictions of record.

I WILL CONVEY only such title as vested in me as Substituted Trustee.

WITNESS MY SIGNATURE on this 9th day of September, 2008.

J. Gary Massey

SUBSTITUTED TRUSTEE

Shapiro & Massey, L.L.P.

1910 Lakeland Drive, Suite B

Jackson, MS 39216

(601)981-9299

61 Raven Roost Road

Holly Springs, MS 38635

08-101137JC

Publication Dates: Sept. 18, 25, and Oct. 2, 2008

(38-40c)

Holly Springs School District

Public Notice

The Holly Springs School District wishes to inform its staff, students and parents as to the status of its asbestos management program. The district has on file with the Mississippi Department of Education an approved asbestos management plan. Remaining asbestos materials in district facilities are in good condition and does not present health risks to students, employees or the general public.

Asbestos management plans are available for public review at each school location and the district office.

(38c)

SUBSTITUTE TRUSTEE'S NOTICE OF SALE

STATE OF MISSISSIPPI

COUNTY OF MARSHALL

WHEREAS, on August 29, 2005, Benny Wayne Greenhaw executed and delivered a certain Deed of Trust unto Christopher D. Davies, Trustee for the benefit of Mortgage Electronic Registration Systems, Inc. acting solely as a nominee for Wachovia Mortgage Corporation its successors and assigns, to secure an indebtedness therein described, which Deed of Trust is recorded in the office of the Chancery Clerk of Marshall County, Mississippi in Book 390, Page 428; and

WHEREAS, said Deed of Trust was subsequently assigned unto Chase Home Finance LLC, by instrument recorded in the Office of the aforesaid Chancery Clerk in Instrument 2008004846; and

WHEREAS, default having been made in the payments of indebtedness secured by said Deed of Trust, and the holder of said Deed of Trust, having requested the undersigned so to do, on October 9, 2008, I will, during legal hours (between the hours of 11 o' clock a.m. and 4 o' clock p.m.), at public outcry, offer for sale and will sell, at the South Door of the Marshall County Courthouse at Byhalia, Mississippi, for cash to the highest bidder, the following described land and property situated in Marshall County, Mississippi, to-wit:

Farm No. 57 and 58, of Warsaw East Farms containing 3.61 acres in Section 18, Township 3 South, Range 4 West, a plat of said Warsaw East Farms Division is recorded in land records of Marshall County, Mississippi, in Plat Book 9, Page 62.

Title to the above described property is believed to be good, but I will convey only such title as is vested in me as Substituted Trustee.

WITNESS MY SIGNATURE, this the 10th day of September, 2008

Christian Mayer

Christian Mayer, Vice President

Nationwide Trustee Services, Inc.

1587 Northeast Expressway

Atlanta, Ga 30329

(770) 234-9181 ext 1502

0812813MS

PUBLISH: 09/18/2008, 09/25/2008, and 10/02/2008

(38-40c)

ORDINANCE ESTABLISHING GUIDELINES AND REGULATIONS FOR THE ENFORCEMENT OF

ANIMAL CONTROL WITHIN

MARSHALL COUNTY MISSISSIPPI

WHEREAS, present conditions exist which make it mandatory that the Board of Supervisors for Marshall County, Mississippi, to strictly regulate the keeping of Animals, including Dangerous, Vicious and Nuisance Animals, and;

WHEREAS, the Board of Supervisors find that the following regulations, prohibitions and standards are in the best interest of the citizens of Marshall County, Mississippi, and;

WHEREAS, said regulations, prohibitions and standards will contribute to the public safety, health and welfare of the citizens of said Marshall County, Mississippi, and;

WHEREAS, all prior ordinances establishing guidelines and regulations for the enforcement of Animal control within Marshall County, Mississippi, are hereby repealed by approval of this Ordinance Establishing Guidelines and Regulations for the Enforcement of Animal Control.

THEREFORE, BE IT ENACTED by the Board of Supervisors of Marshall County,

Mississippi as follows:

SECTION 1

SHORT TITLE

This ordinance shall be known as the Animal Control Ordinance.

SECTION 2

APPLICABILITY

This ordinance shall apply to and be enforced within the unincorporated boundaries of

Marshall County, Mississippi and any incorporated cities, towns or villages that do not have an Animal Control Ordinance.

SECTION 3

DEFINITIONS

Abandon or Abandoned means leaving an Animal for a period in excess of 48 hours, without the Animal’s Owner or the Owner’s designated caretaker providing all provisions of necessity and checking on the Animal’s condition. An abandoned Animal shall include a stray Animal.

Animal means any live, vertebrate creature, domestic or wild.

Animal Control Department means the department authorized by the Board of Supervisors to maintain and have review and enforcement authority of this ordinance, be empowered to administer this ordinance, and to work in conjunction with the Marshall County Sheriffs Department and Marshall County Justice Courts on Animal issues requiring law enforcement authority.

Animal Control Officer means any person designated by the Board of Supervisors or Animal Control Department as a law enforcement or Animal control officer, technician or employee assigned to the Animal Control Department and who is qualified to perform such duties under this ordinance and who shall be assigned to the Animal Control Department.

Animal Shelter means any facility operated by a humane society, municipality or county agency, or its authorized agents, for the purpose of impounding or caring for Animals under the authority of this ordinance or state law.

Boarding kennel means an establishment which provides accommodation, feeding and general care for dogs and cats on a short term, usually weekly, basis. This definition also ecompases housing for dogs being bred and their offspring.

Breeder means any individual, group, owner or organization that engages in the breeding of Animals with the intent to sell the offspring. Breeders of Livestock are exempt from this ordinance.

County means the contiguous area of Marshal County, Mississippi, as defined by Mississippi law.

Dangerous Animal means any animal that because of its size or strength is capable of causing injury to another Animal or to people, especially children, the elderly and infirm, when excited or playful. A Dangerous Animal is one that does not show aggression or behave in a threatening manner.

Domestic Animal means an Animal which is customarily habituated to live in or about the habitations of people or otherwise habituated to be a tame Animal.

Exotic Animal means an Animal that is not customarily habituated to live in or about the habitations of people, or otherwise habituated to be tame, nor is the Animal considered Livestock, but is being kept by an Owner. By way of example, Exotic Animals would include, but not be limited to, snakes, lizards, pot bellied pigs, miniature horses, llama, deer, and alpaca.

Enclosure (i) means a fence or structure suitable to prevent the entry of young children, and which is suitable to confine an Animal in conjunction with other measures which may be taken by the Owner of the Animal. The enclosure shall be designed in order to prevent the Animal from escaping and, at a minimum, consist of the following elements:

secure sides and a secure top or be of such a height as to prohibit escape;

either sides which are embedded in the ground no less than two (2) feet or a floor raised off the ground, free of cracks or depressions where insects, rodents and eggs from parasites may lodge and breed;

be of adequate size to allow the Animal to stand up and move freely about;

be cleaned and maintained in a manner to insure sanitary conditions and protect the Animal from injury;

have sufficient outdoor space to allow the Animal to relieve itself away from any enclosed space of confinement or area which the Animal sleeps and eats;

allow the Animal to remain dry during rain or precipitation;

allow the Animal convenient access to clean food and water.

(ii) Electronic Animal Fence Systems shall be considered an acceptable enclosure when:

the equipment used is maintained and in continuous working order, and the Animal to be contained within wears the appropriate electronic collar while within the fenced perimeter; and

the equipment includes a battery backup to ensure an electric current to the underground wiring in the event of a power failure; and

on each side of the Owners property, permanent and prominently displayed signs are posted on the outer perimeter of the area of confinement which read “Animal(s) on this property are contained by an electronic Animal confinement system.” Such signs shall be no smaller than twelve (12) inches square.

Notwithstanding the above, in cases where an Animal has been deemed a Vicious Animal, or has been trained to be a guard Animal, then an electronic Animal confinement system may not be used as the primary enclosure. Further, Owners who restrain their Animals by means of an electronic Animal confinement system, who are found to be in violation of the requirements for such system, may no longer use such system as the primary system of enclosure.

Feral Animal means any Animal that has escaped from domestication and become wild, dangerous or untamed.

Grooming Establishment means an establishment that cleans, brushes or trims the coat of animals.

Livestock means horses, mules, sheep, goats, cattle, swine and other domesticated Animals, but excluding pets.

Owner means any person, partnership or corporation owning, keeping, or harboring one or more Animals. An Animal shall be deemed to be "harbored" if it is fed or sheltered for a period of five days or longer.

Pet means any Animal kept purely for personal pleasure rather than utility. An Exotic Animal as defined by this ordinance may be kept in or about the habitations of people or otherwise habituated to be a tame Animal.

Pet Store means a retail business which sells different kinds of animals and may also sell pet food, supplies, and accessories.

Public Nuisance means any Animal which:

(1) molests passersby or passing vehicles;

(2) attacks others Animals;

(3) trespasses on school grounds, county parks, or private property;

(4) repeatedly runs at large;

(5) damages private or public property;

(6) barks, whines, or howls in an excessive, continuous, or untimely fashion;

(7) defecates or frequently urinates on public property or private property of one other than its Owner; or

(8) is allowed by its Owner to become a nuisance to people or other Animals.

Restraint or Restrained means the condition of securing any Animal, by Tethering or restraining in such a way that the Animal is confined or restrained within the real property limits of its Owner or, when the Animal is off the property of the Owner, by keeping the Animal secured by leash or lead of not more than six (6) feet.

Running at Large describes any Animal not under Restraint and constituting a nuisance as described in Section 12. Notwithstanding the foregoing, no dog may be considered to be running at large while:

it is working as a hunting dog, herding dog or predator control dog on the property of, or under the control of, its Owner;

it is bodily carried by a person who is capable of controlling and restraining the Animal;

it is under voice control and is actively participating in organized group training or is in an official showing, obedience or field event.

Spay/Neuter means the surgical sterilization of an Animal by a licensed veterinarian to prevent procreation by said Animal.

Tethering means the act of securing an Animal by means of a leash, wire cable or similar restraint attached to a swivel or pulley, so located as to keep the dog exclusively on the secured premises. Tethers shall be located so that they cannot become entangled with other objects. Collars used to attach a dog to a tether shall not be of a choke type. No tether shall employ a restraint, which is less than ten (10) feet in length. Further, no tether shall be mounted more than seven (7) feet above ground level nor shall it weigh more than 1/8 of the dog's body weight.

Veterinary Hospital means any establishment maintained and operated by a licensed veterinarian for surgery, diagnosis and treatment of diseases and injuries of Animals.

Vicious Animal means:

(1) any Animal which has shown or demonstrated a propensity, tendency or disposition to attack while unprovoked, to cause injury or to otherwise endanger the safety of human beings or Pets or Domestic Animals.

(2) Any Animal which, while unprovoked,: (a) bites, inflicts injury, assaults or otherwise attacks a human being, Domestic Animal or Pet on public or private property, or

(b) chases or approaches a person upon the streets, sidewalks or on any public grounds in a

menacing or terrorizing manner or apparent attitude of attack.

(3) Any Animal which is owned, bred or harbored with the intent, in whole or part, to be willfully entered into a fighting match with another Animal or any Animal which is trained or transported for the purpose of participation in such fighting matches.

(4) Any Animal which, according to the records of the Animal Control Department, has inflicted severe injury on a human being without provocation on public or private property;

(5) Any Animal which, according to the records of the Animal Control Department, has killed or seriously injured a Domestic Animal, Livestock or Pet without provocation while off the Owners property.

EXCEPTIONS:

Notwithstanding the above, no dog Animal may be considered a Vicious Animal if injury or damage is sustained by a person who, at the time of such injury or damage was committing a willful trespass or other tort upon the premises occupied by the Owner of the Animal, or was teasing, tormenting, abusing or assaulting the Animal or was committing or attempting to commit a crime;

no Animal may be considered a Vicious Animal if injury or damage was sustained by a Domestic Animal, or Pet, which at the time of such injury or damages was teasing, tormenting, abusing or assaulting the Animal;

no Animal may be considered a Vicious Animal if the Animal was protecting or defending a human being within the immediate vicinity of the Animal from an unjustified attack or assault;

no Animal may be considered a Vicious Animal if the injury or damage to a Domestic Animal or Livestock was caused by the Animal while it was working as a hunting Animal, herding Animal or predator control Animal on property of, or under the control of, its Owner, and the damage or injury was to a species or type to the work of the Animal.

SECTION 4

SHERIFF DEPARTMENT, ANIMAL CONTROL OFFICER TO ENFORCE

ORDINANCE; INTERFERING WITH PROHIBITED

It shall be a violation of this Ordinance to interfere with an Animal Control Officer in the performance of his duties.

It shall be a violation of this Ordinance for any person to remove, alter, damage, or otherwise tamper with a trap or equipment belonging to or set out by any employee of the Animal Control Department.

The Civil and Criminal provisions of this Ordinance shall be enforced by the Animal Control Department and the County Sheriff. Any Animal Control Officer or sheriff deputy having probable cause that a person has violated any Section of this ordinance may, in lieu of obtaining a misdemeanor warrant for arrest of such suspect, issue to said person a written citation requiring said person to appear at a date and time in the Marshall County Justice Court to answer the charge or charges specified in the citation.

SECTION 5

EXPOSING TO POISONS

No person, with the intent to harm any Animal, shall expose any known poisonous substance, whether mixed with food or not, so that the same may be eaten by any Animal; provided that it shall not be unlawful for a person to expose on his own property common pest-control poisons in accordance with the manufacturers use instructions.

Any person violating any provision of this section shall be deemed guilty of a misdemeanor and shall be punished by a fine of not less than fifty dollars ($50.00) nor more than one thousand dollars ($1,000.00) or imprisonment in the county jail not to exceed ninety (90) days, or by both such fine and imprisonment, unless otherwise provided for herein. Each day's violation shall be deemed a separate offense.

SECTION 6

KEEPING OF VICIOUS ANIMALS AND

EXOTIC ANIMALS:

It is unlawful for any person to keep, possess, harbor, maintain or own a Vicious Animal or Exotic Animal, except as otherwise provided for herein. All Vicious Animals and Exotic Animals, while on the Owner’s property, shall be securely confined indoors or confined in a secure Enclosure. Such Enclosure shall be upon the premises of the Owner or the person harboring the Animal.

No person owning or possessing a Vicious or Exotic Animal shall suffer or permit such Animal to go beyond the premises of such person unless the Animal is securely Restrained and under the direct control of a person who is at least eighteen (18) years of age and sufficiently able to restrain the Animal. Further, the Animal must be Muzzled, provided that the Animal is capable of being fitted with a Muzzle, at all times. As used herein, Muzzle is defined as any device designed to prevent the Animal from biting a person or other Animal. This regulation is intended to provide flexibility of design appropriate to the specific Animal to be muzzled.

No Vicious Animal or Exotic Animal may be kept on a porch or patio or within any part of a house or structure in such a manner that would allow the Animal to exit such building on its own volition. In addition, no such Animal may be kept in a house or structure when the windows are open or when screen windows or doors are the only obstacles preventing the Animal from exiting the structure.

All Owners, keepers or harborers of Animals, which fall within the definition of a Vicious Animal, within the County shall, display in a prominent place on their premises a sign easily readable by the public of the existence of such Animals. For example, using words such as "Beware of Vicious Dog”. In addition, a similar sign shall be posted on the Enclosure.

The Owner of any Vicious Animal shall, at the Owner’s expense, have a licensed veterinarian permanently insert a computer micro-chip in the Animal for the purpose of identification of the Animal and proof of such micro-chipping shall be provided to the Animal Control Department.

The Owner or harborer of any Vicious Animal, as defined under this ordinance, shall be required to register such Animal(s) with the Animal Control Department by taking the Animal to the Animal Control Department for registration and satisfying the conditions set forth in this Section 6. The Animal Control Department shall take and maintain a digital photograph of the Animal. The Animal Control Department shall maintain a file containing the registration numbers and name of the Animals and the names and addresses of the Owners. Registration of a Vicious Animal shall not be transferable and shall be renewable only by the holder of the registration or by a member of the immediate family of such registrant who is at least twenty-one (21) years of age. Should an Owner of an Animal sell or permanently give possession of a registered Animal to another person, the new Owner must register the Animal in accordance with this Section 6.

This section shall not apply to dogs kept by law enforcement agencies; public zoos; fully accredited educational or medical institutions; exhibitions to the public by traveling circus, carnival, exhibit or show; or if kept in a licensed veterinary hospital for treatment.

No Vicious Animal will be allowed to be kept within one hundred (100) yards of a school, daycare facility or other facility designed primarily to provide services to children.

The Owner or keeper of a Vicious Animal shall notify the Animal Control Department within 24 hours if a Vicious Animal is loose, unconfined, has attacked another Animal or human, or is otherwise missing.

The persons having the enforcement duty under this Ordinance may, upon having notice or knowledge of the harboring, keeping or maintaining of a Vicious Animal or Exotic Animal, enter the premises where said Animal is kept for an on-site inspection of the premises, and said inspection shall be made only after twenty-four (24) hours notice to the occupant of the premises.

If a Vicious Animal exhibits no additional instances of behavior described in this ordinance for identifying Vicious Animals within a thirty-six (36) month period from the date the Animal was identified as a Vicious Animal, said Animal shall no longer be considered a Vicious Animal. Additionally, an Animal identified by the Animal Control Officer as a Vicious Animal may be, but is not required to be, deemed to no longer be vicious if the Owner demonstrates to the satisfaction of the Animal Control Officer that changes in circumstances or measures taken by such owner, such as training of the Animal, have mitigated the Animal’s risk to public safety.

SECTION 7

FIGHTING ANIMALS

It shall be unlawful to train for fighting, keep, harbor, breed, transport through the County limits, own or in any way possess an Animal for the purpose of fight exhibitions, displays, training or acts. For the purpose of this Section fight training shall include, but not be limited to:

the use or possession of treadmills unless under the direction of a veterinarian;

act designed to torment, badger or bait any dog for purpose of encouraging the Animal to fight;

the use of weights on the Animal unless under the direction of a veterinarian;

any activity designed for the purpose of training or encouraging the Animal for aggression or vicious activity;

use of heavy chains, weights, or staking in such a way as to build neck strength or jaw strength.

Scars and wounds on the Animal are rebuttable evidence that the Animal is a fighting Animal or is trained for fighting.

SECTION 8

RESPONSIBILITY OF OWNERS OF

ANIMALS GENERALLY

A. All Animals which are penned shall be kept in the proper Enclosures as defined herein.

B. No Owner of any Animal shall abandon such Animal or fail to maintain such Animal in a healthy condition, or to provide timely appropriate and necessary veterinary treatment, if ill.

C. No Owner shall fail to provide his Animals with sufficient good and wholesome food and water, proper shelter and protection from the weather, proper sanitary conditions at all times, and to generally provide humane care and treatment.

D. No Owner shall mistreat, beat, torment or cruelly tease an Animal.

E. No Animal shall be transported, without Restraint, in an open air vehicle. Nor shall any Animal be transported in the trunk of a vehicle or left unattended in a vehicle in extreme heat without proper ventilation.

F. No Animal shall be tethered in a public place and left unattended.

G. All Dangerous Animals must be confined or under the control and supervision of the Owner at all times to prevent accidental injury to other persons or Animals.

H. It shall be a misdemeanor for any person to command or signal an Animal to attack a person or another Animal. This provision shall not apply to Animals kept by law enforcement agencies and directed to attack by law enforcement officers.

I. If probable cause exists that any Animal(s) are kept under such conditions as to constitute a violation of this Section 8, subsections A through F, a petition for abatement shall be filed by the Animal Control Officer or Deputy Sheriff in the Marshall County Justice Court, specifically noting the offending conditions. A copy of which shall be served on the Owner or harborer of said Animals, with a note to appear in said Court at a specific time and place to show cause, if any, why an Order of Abatement should not be entered against him. If evidence establishes that the offending conditions, or any combination of them are present, the Court shall order, in addition to the penalties provided for by Section 16, that the same abated within fifteen (15) days and assess Court costs against the party responsible for said conditions. In lieu of a petition for abatement, the Animal Control Department may issue a written warning of offending nuisance conditions.

SECTION 9

VACCINATION OF CERTAIN ANIMALS

AGAINST RABIES

A. Any Owner of any dog or cat, three (3) months of age or older, or any other Animal which by law requires vaccination, within the County shall have that same vaccinated against rabies with the approved dosage of an approved anti-rabic virus (vaccine) which shall be properly administered by one legally authorized to do so. It shall be unlawful for any person to own or have in his possession any dog or cat not so vaccinated. Every dog or cat must be vaccinated in accordance with the Compendium of Animal Rabies Vaccines as prepared by the National Association of State Public Health Veterinarians, Inc.

B. The owner of any dog or cat shall upon request of the Animal Control Officer, provide proof that the Animal has been properly inoculated with a rabies vaccine.

SECTION 10

PET STORES, BOARDING KENNELS, GROOMING ESTABLISHMENTS

AND FOR-PROFIT BREEDERS

The County Administrator shall issue a license to pet stores, boarding kennels, grooming establishments and for-profit pet breeders upon submission of a completed application, payment of a fee of $10.00 and inspection of the premises by the animal control supervisor to ensure all conditions set forth below in this section are being met. The license shall expire one year from the date of issuance, unless earlier revoked for cause. Such license shall not be transferable.

Upon application for issuance or renewal of a license, an inspection shall be made of the premises to determine compliance with the following provisions:

Any building on the premises shall be in good repair, structurally sound, shall not leak and shall be easy to clean and sanitize. Drains must rapidly eliminate excess water on the floor. There must be adequate heat, cooling, ventilation and lighting.

Cages must allow the animals enough room to stand easily, turn about freely and sit and lie in a normal position. Cages must be kept clean and in a good state of repair.

All animals must be maintained in a healthy condition or, if ill, shall be given appropriate veterinary treatment.

Animal and food waste and bedding must be removed as often as necessary to prevent an odor nuisance.

Food supplies shall be stored in rodent-proof containers. Food and water containers must be kept clean and sanitary.

Premises and animals shall be kept reasonably free of insect infestation.

No nuisance caused by odor or noise shall be permitted.

Periodic unannounced inspections by the animal control division shall be conducted.

Any pet store, boarding kennel, grooming establishment or for-profit breeder that is currently lawfully operating within the county at the time this chapter is enacted shall be given a license for the first year without having to meet the conditions set forth in this section. However, before any license is renewed after the first year, the owner of such establishment must first meet the conditions set forth above. If the owner of any establishment that is currently operating changes its location or ownership the first year, the owner must apply for a new license and comply with the requirements established in this section. Charges may be filed for any violations of the provisions of this section. Each violation will be deemed a separate offense. The county manager may revoke a license for serious or repeated noncompliance with the provisions of this section. Appeal of a license revocation may be made in writing to the county board of supervisors within five business days, and the revocation shall be stayed pending action by the board.

SECTION 11

PERMITTING TO RUN AT LARGE

A. It shall be unlawful for the Owner of any dog to permit it to Run At Large within the County unless it is under the supervision and/or control of the Owner.

B. Animals found to be Running At Large shall be impounded at an Animal shelter per Section 14.

SECTION 12

NUISANCES

A. Whenever the Animal Control Department receives complaints from persons having separate residences in the same neighborhood, or employed in the same neighborhood, that any Animal is a habitual Nuisance, as defined or by reason of trespassing, howling, barking or other noise, or by damaging property, by vicious action or propensity, or by any other means or activity causing undue annoyance, the Animal Control Officer may investigate to determine if a nuisance exists.

B. If probable cause exists that any Animal(s) is a nuisance, an affidavit or citation for abatement shall be filed by the Animal Control Officer in the Marshall County Justice Court, specifically noting the offending conditions. A copy of which shall be served on the Owner or harborer of said Animals, with notice to appear in said Court at a specific time and place to show cause, if any, why he/she should not be found guilty of violating this ordinance. If evidence establishes that the offending conditions, or any combination of them are present, the Court shall order, in addition to the penalties provided by Section 17, that the same abated within fifteen (15) days and assess Court costs against the party responsible for the Animal causing said conditions. In lieu of a petition for abatement, the Animal Control Department may issue a written warning of offending nuisance conditions.

C. It shall not be necessary, for the purposes of establishing a Nuisance, to identify and describe with particularity, an Animal which is barking, howling, yelping or making other excessive and loud noises, provided only that it shall be shown who has possession, custody or control of the Animal or the premises where the Animal is located.

SECTION 13

ELIMINATION OF ANIMALS

A. (i) The Animal Control Officer shall have the authority to seize, impound and destroy any Animal determined to be a Feral Animal or Vicious Animal, as defined in Section 3 of this Ordinance. The destruction of said Animal shall be conducted in an expeditious and humane manner and in accordance with the provisions set forth herein.

(ii) Additionally, the Animal Control Officer shall have the authority to seize, impound and destroy any Animal determined to be within one of the six categories identified below:

The Animal has aggressively attacked and caused severe injury or death of any human Domestic Animal or Pet without provocation. For the purposes of this section, A severe injury means any physical injury that results in broken bones, severe or disfiguring lacerations requiring sutures, cosmetic surgery, professional medical attention or death. Under such circumstances the Animal Control Officer shall immediately confiscate said Animal and place the same in quarantine for a period of ten (10) days, and thereafter destroy said Animal as provided in this section. However, the Animal Control Officer shall be authorized to use deadly force upon said Animal when the officer is confronted by a Vicious Animal or other Animal and reasonably fears for his or her safety or the safety of others who are in near proximity to said Animal.

If the Animal Control Officer or any Deputy Sheriff determines that an Animal is seriously injured or diseased to such an extent that medical care is not practical or reasonably likely to save the Animal, then under such circumstances it shall be the duty of the Sheriff’s Department or duly authorized Animal Control Officer to humanely euthanize said Animal with an injection, or to discharge a firearm, so as to mercifully end the life of the Animal suffering from an incurable injury or disease. However, it shall first be determined that the destruction of the Animal is the sole and only effective means of controlling a public nuisance or health hazard, or is appropriate to end the suffering of the Animal. Reasonable efforts shall be conducted by the Sheriff’s Department or Animal Control Officer to first locate the Owner of any such injured or sick Animal. Such efforts to locate an owner of the Animal shall not be required if the Animal causes the officer to fear for his or her safety or the safety of others in near proximity or so as to prevent a public hazard, or it would be inhumane to continue to allow the Animal to suffer. Further, an injured or neglected Animal may be humanely euthanized without any waiting period when appropriate pursuant to Section 97-41-3, Mississippi Code Annotated (1972).

Any Vicious Animal which is impounded and the Owner fails to satisfy the conditions for maintaining a Vicious Animal, as set forth in Section 6, within thirty (30) days of the Vicious Animal being impounded.

Any Animal which is not a Vicious Animal, which is impounded pursuant to this ordinance, and the Owner fails to claim the Animal, and meet any requirements imposed by this ordinance upon the Owner for the return of the Animal, within fourteen (14) days of the Animal being impounded.

Any Animal, which is found to be Fighting Animal as described in Section 7.

Any Animal, which is impounded as a result of a violation of this ordinance, and the Owner, after being ordered by a court to pay fines for the offending violation, fails to make payment of the assessed fines within ten (10) working days, unless otherwise ordered by the Court.

B. Except in those instances when the Animal Control Officer must immediately destroy a Feral Animal or Vicious Animal, said officer shall take the Animal into his custody for confinement in the appropriate County shelter. Upon the Animal Control Officer’s determination that it shall be necessary to destroy the Animal, or place the Animal for Adoption, the Animal Control Officer shall take the following steps to locate and/or notify the Owner of the Animal:

If the Owner is not known or not to be found, the Animal Control Officer shall take reasonable efforts to locate the Owner. If, despite reasonable efforts, an Owner cannot be identified and contacted within fourteen (14) days to claim ownership of said Animal, the Animal Control Officer shall destroy the Animal or place the Animal for adoption.

If the Owner is identified and known, the Animal Control Officer shall advise the Owner by written correspondence, sent certified mail via US Postal Service to the last known address and advising the Owner of the Animal Control Officers current detention of the Animal and determination that said Animal is a Feral Animal, Vicious Animal or Abandoned Animal and is to be destroyed or placed for adoption, as appropriate. The Animal Control Officer shall then proceed in accordance with paragraph C below.

C. (1) The Animal Control Officer shall set a determination hearing to be held before a Justice Court Judge to determine if the Animal should be destroyed or, as appropriate, placed for adoption. The Animal Control Officer shall advise the owner, by written correspondence sent certified mail via U.S. Postal Service, that he is seeking the authority of the Justice Court to destroy the Animal, or to place the Animal for adoption, and that said matter shall be heard by the Court on a date certain. Said notice shall be mailed to the owner not less than fourteen (14) days prior to the determination hearing date and provide the date, time, location and purpose of the hearing.

(2) The Animal Control Officer shall present to the presiding Justice Court Judge the desire to destroy the Animal, or place the Animal for adoption. The Owner of said Animal shall have the right to appear before the Court and object to the destruction, or placing for adoption, of his/her Animal and show cause why the same should not be done.

D. (1) Upon the hearing of the facts as presented by the Animal Control Officer and the Owner of the Animal at issue, the presiding Justice Court Judge shall determine whether the Animal is Feral Animal, Vicious Animal or Abandoned Animal as defined in this ordinance and whether the Animal shall be destroyed or placed for adoption. (2) In the event the presiding Justice Court Judge determines that the Animal should not be destroyed or placed for adoption, the Animal Control Officer shall release the Animal to the Owner as soon as it has been confirmed that the Animal is not rabid.

(3) In the event that the presiding Justice Court Judge determines that the Animal shall be destroyed or placed for adoption, the Animal Control Officer shall retain control of the Animal for a period of ten (10) days following the entry of the Court’s written order. During this ten (10) day period, the Owner of said Animal shall have the option of appealing the Court’s decision to the Circuit Court of Marshall County.

(a) The Owner of an Animal shall have the option to appeal the decision of the Justice Court Judge to destroy the Animal, or place the Animal for adoption, in the same procedural manner that any decision can be appealed to the Circuit Court as provided by the laws of the State of Mississippi provided, however, this appeal shall be perfected within ten (10) days following the Justice Court’s decision. If the appeal of the Owner is not perfected within this ten (10) day period, the Animal Control Officer shall be authorized to immediately and humanely destroy the Animal or place the Animal for adoption.

(b) In the event that the Owner does properly appeal the decision of the Justice Court to the Circuit Court of Marshall County, the Animal Control Officer shall continue to retain control of the Animal at the appropriate county Animal shelter until otherwise ordered by the Circuit Court of Marshall County.

E. At any time during the process for the destruction of an Animal, or placing of the Animal for adoption, as set forth herein under Section 16, the Owner of said Animal may sign a waiver agreeing to the immediate euthanization of said Animal, or placing of the Animal for adoption, and waiving any right to contest or appeal said euthanization.

F. At any time during the process for the destruction of an Animal, or placing of the Animal for adoption, as set forth herein under Section 16, the Owner may request said Animal to be housed with a veterinarian instead of with the County Animal shelter by signing a written request and with the agreement that the Owner pay all expense incurred with the veterinarian.

G. Any person identified to be the Owner of an Animal, which has been impounded by the Animal Control Officer shall be responsible for the following fees for as long as the Animal is impounded, including all periods of Court hearings and appeals:

(1) Initial impoundment at the Marshall County facility $50.00; plus, for each day of impoundment $10.00;

(2) If the Animal is determined to be injured or diseased, other than diseased with rabies, then said Owner shall have the option to request proper veterinarian treatment and shall be responsible for all bills incurred for said treatment;

(3) The costs incurred by the Animal Control Officer for the euthanization of said Animal.

(4) All costs incurred by the County with any veterinarian for treatment or services provided to said Animal.

SECTION 14

IMPOUNDMENT OF ANIMALS

An Animal may be impounded if it is determined by the Animal Control Officer to be a wild or stray Animal by determining that any of the following are met, to-wit:

(a) the Animal is running at large or not properly confined as described pursuant to this ordinance;

(b) if the Animal is one which requires, but does not have, a cat or dog there is no vaccination tag around the Animal’s neck, and the Owner is not able to present sufficient proof that it has been properly and currently vaccinated;

A. Any unrestrained Animal constituting a public nuisance shall be taken into custody by the Sheriff, his duly licensed deputies, or Animal Control Officer and impounded. Such Animal shall be kept for at least ten (10) days unless sooner claimed by the Owner.

B. Any Vicious Animal shall be immediately seized by the Animal Control Department if:

(1) The Owner does not secure the liability insurance coverage required herein;

(2) Owner does not maintain the Animal in a proper Enclosure;

(3) the Owner willfully or negligently permits the Animal outside the dwelling of the Owner or outside the proper enclosure and does not have the Animal under personal physical restraint of the Owner; or

(4) the Animal Control Officer has the authority to seize the Animal pursuant to the terms set forth in section 13 (Elimination of Animals) of this ordinance.

C. Notice to Owner; redemption. If by a tag or other means, the Owner of an impounded Animal can be readily identified, the Animal Control Officer shall, upon impoundment, notify the Owner by telephone or mail. The rightful Owner, of any Animal held under this section may (provided the Animal is properly vaccinated, licensed and tagged) obtain the Animal upon the payment of a pound fee as hereinafter provided, and the Owners demonstration of compliance with all other conditions of this ordinance. In the event an unvaccinated Animal is claimed by the Owner, the Owner must make arrangements for the vaccination of said Animal satisfactory to the Animal Control Officer before the Animal can be claimed. An Owner reclaiming an impounded Animal shall pay the following fees for each Animal impounded:

(1)

Reclaim Fee:

First Impoundment of Animal ................................ $ 25.00

Second Impoundment of Animal ........................... $ 50.00

Third and Subsequent Impoundment of Animal .. $ 75.00

(2)

Care Fee:

For each day of impoundment (per Animal) ......... $ 10.00

D. When any Animal is impounded for any reason provided for in this ordinance, and the Animal is not reclaimed by Owner within fourteen (14) days after written notice of impoundment is provided to the Owner, the Animal Control Officer shall proceed in accordance with Section 13. Notwithstanding the foregoing, the procedures required by Section 13, including the ten-day euthanization waiting period, is waived for a Vicious Animal of Feral Animal or for any Animal suffering from an infectious disease.

E. The Owner of an impounded Animal may also be held responsible for any violation(s) of any other section of this Ordinance and subject to the appropriate penalties set forth therein.

SECTION 15

IMPOUNDMENT OF ANIMALS ATTACKING OR

INJURING PERSON; DESTRUCTION

OF RABID ANIMALS

A. In case of an attack by any Animal resulting in injury to any person, such Animal, unless otherwise provided herein shall be impounded or caused to be confined at the appropriate County Animal shelter by the Animal Control Division for observation for a period of ten (10) days to determine if the Animal is rabid.

B. The Owner thereof may, upon notification to the Animal Control Division, have such Animal impounded for ten (10) days with a private veterinarian licensed to practice veterinary medicine within the state at the Owner’s expense.

C. If at the end of above periods of time, or any time prior thereto, it is determined that said Animal has rabies, such Animal shall be immediately destroyed without the necessity of notice to the Owner.

SECTION 16

ADOPTION

When any Animal is placed for adoption the person adopting the Animal shall pay a fee according to a schedule of fees as adjusted from time to time by the Animal Control Department and approved by the Marshall County Board of Supervisors. Further, the adoptive Owner must make arrangements for the vaccination of said Animal satisfactory to the Director of the Animal Control Department.

No Animal may be adopted from any Animal Shelter that has not been spayed/neutered. Upon the discretion of the Animal Control Department, the person adopting an Animal may make arrangements for the Animal to be spayed/neutered by a licensed veterinarian of his choice; however proof of the procedure must be presented in writing to the Animal Control Department within 7 days. Failure to spay/neuter the Animal and provide proof to the Animal Control Department constitutes a violation of this Section 16 and the Animal will be reclaimed and returned to the Animal Shelter from which it was adopted.

SECTION 17

PENALTIES

Any Owner whose Animal attacks, injures or harms a Domestic Animal, Pet or another person, as a result of the Owner’s violation or noncompliance of this ordinance shall be deemed guilty of a misdemeanor and shall be punished by a fine of not less than one hundred dollars ($100.00) nor more than one thousand dollars ($1,000.00) or imprisonment in the county jail not to exceed ninety (90) days, or by both such fine and imprisonment. Each violation shall be deemed a separate offense.

Any owner or individual operating a pet store, boarding kennel or grooming establishment, or for-profit breeder, failing to obtain the necessary permit to do so, or failing to keep said establishment or premises in compliance with the provisions listed in Section 10, 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 imprisonment in the county jail not to exceed ninety (90) days, or by both such fine and imprisonment. Each violation shall be deemed a separate offense.

Any person violating any provision of this ordinance, for which no penalty is otherwise specifically provided for, shall be deemed guilty of a misdemeanor and shall be punished by a fine of not less than fifty dollars ($50.00) nor more than two hundred dollars ($200.00) for a first offense. For any second offense occurring within a three (3) year period of time, a fine in the amount of not less than two hundred-fifty dollars ($250.00) nor more than five hundred dollars ($500.00), and/or a period of incarceration not to exceed thirty (30) days shall be imposed. For any third or subsequent offense occurring within a three (3) year period of time there shall be assessed a fine of not less than five hundred dollars ($500.00) nor more than one thousand dollars ($1,000.00) and/or a period of incarceration not to exceed one hundred and eighty (180) days. No portion of any fines assessed may be suspended.

The civil and criminal provisions of this Ordinance shall be enforced by the Animal Control Division and the county sheriff department.

SECTION 18

WEAPONS

Animal Control Officer may carry such weapons reasonably necessary to fulfill the obligations required of him/her, as set forth herein and achieve the intentions of this Ordinance provided, however, the Animal control officer is at all times, properly licensed, permitted and qualified to use any weapon carried, in accordance with any applicable local, state and federal laws, statutes and ordinances.

SECTION 19

SEVERABILITY

If any provision of this Ordinance is ruled illegal, unconstitutional or otherwise unenforceable by a Court of competent jurisdictions, the remaining provisions shall continue in full force and effect.

SECTION 20

CONFLICT

Any other ordinances of Marshall County, Mississippi, which are conflicting or inconsistent with this ordinance, are hereby repealed to the extent of any inconsistencies or conflicts.

SECTION 21

ORDINANCE CUMULATIVE

This Ordinance shall be cumulative and in addition to any other laws in force.

SECTION 22

REPEALER

All ordinances and amendments prior hereto establishing guidelines and regulations for the enforcement of Animal Control within Marshall County, Mississippi, are repealed by the enacting of this ordinance.

SECTION 23

EFFECTIVE DATE

This Ordinance shall become effective thirty (30) days after due publication as provided by law passage by the Marshall County Board of Supervisors.

SO ORDAINED and adopted by the Board of Supervisors of Marshall County, Mississippi, on this the 21 day of July, 2008.

RONNIE JOE BENNETT, President

MARSHALL COUNTY BOARD OF SUPERVISORS

Attest:

C.W. Chuck Thomas,

CLERK,

MARSHALL COUNTY BOARD OF SUPERVISORS

SUBSTITUTE TRUSTEE'S NOTICE OF SALE

STATE OF MISSISSIPPI

COUNTY OF MARSHALL

WHEREAS, on March 23, 2005, Christopher D. Craine executed and delivered a certain Deed of Trust unto Jim B. Tohill, Trustee for the benefit of Ameriquest Mortgage Company, to secure an indebtedness therein described, which Deed of Trust is recorded in the office of the Chancery Clerk of Marshall County, Mississippi in Book 379, Page 357; and

WHEREAS, said Deed of Trust was subsequently assigned unto Deutsche Bank National Trust Company, as Trustee, in trust for the registered holders of Ameriquest Mortgage Securities Inc., Asset-Backed Pass-Through Certificates, Series 2005-R5, by instrument recorded in the Office of the aforesaid Chancery Clerk in Instrument 2008004798; and

Section 18, Township 5-S, Range 3-W, Marshall County, MS, Lot No. 1 of Wilkins Chapel Esates according to the plat recorded in Plat File (s) 815-B in the office of the Chancery Clerk of Marshal County, MS, and containing 1.6 acres, more or less.

Title to the above described property is believed to be good, but I will convey only such title as is vested in me as Substituted Trustee.

WITNESS MY SIGNATURE, this the 10th day of September, 2008

Christian Mayer

Christian Mayer, Vice President

Nationwide Trustee Services, Inc.

1587 Northeast Expressway

Atlanta, Ga 30329

(770) 234-9181 ext 1502

0810159MS

PUBLISH: 09/18/2008, 09/25/2008, and 10/02/2008

(38-40c)

NOTICE

The following storage units will be opened and the contents sold for delinquent rent on Oct. 3, 2008 at 9 a.m. at 975 Hwy. 7S, Holly Springs, MS 38685.

Unit # Name

24 Sandra Johnson

37 Shuntwannett Moore

38 Christopher Freeman

108 Janie Jarrett

Corral Mini-Storage

(38c)

SUBSTITUTE TRUSTEE'S NOTICE OF SALE

STATE OF MISSISSIPPI

COUNTY OF MARSHALL

WHEREAS, on July 19, 2007, Jeremy W. Conlee and Delynn M. Conlee executed and delivered a certain Deed of Trust unto Sam McClatchy, Trustee for the benefit of Mortgage Electronic Registration Systems, Inc.acting solely as a nominee for Pulaski Mortgage Company,its successors and assigns, to secure an indebtedness therein described, which Deed of Trust is recorded in the office of the Chancery Clerk of Marshall County, Mississippi in Book 443, Page 566; and

WHEREAS, said Deed of Trust was subsequently assigned unto Chase Home Finance, LLC, by instrument recorded in the Office of the aforesaid Chancery Clerk in Instrument 2008004799; and

Commence at a bolt in the center of the Marianna Public Road, at the intersection of the Marianna Public Road and the North Mullins Public Road, near the Northeast corner of Section 29, Township 4 South, Range 4 West, Marshall County, Mississippi; thence run North for 20.0 feet; thence with the North side of the Marianna Public Road run South 86 degrees 00 minutes West for 190.0 feet; thence run South 79 degrees 45 minutes West for 788.0 feet; thence run South 70 degrees 47 minutes West for 800.7 feet; thence run South 71 degrees 45 minutes West for 133.9 feet; thence run South 75 degrees 45 minutes West for 133.0 feet to an iron rod at the Southwest corner of a 5.0 acre tract and the point of beginning for herein described parcel; thence continue with said road South 77 degrees 55 minutes West for 342.8 feet to an iron rod, 20.0 feet from centerline; thence leaving said road and down the East line of a 1.0 acre tract run North for 400.0 feet to an iron rod; thence run North 89 degrees 00 minutes West for 105.0 feet to an iron rod; thence run North for 411.95 feet to an iron; thence run North 77 degrees 30 minutes East for 187.78 feet to an iron rod at the Northwest corner of a 5.0 acre tract; thence with the West line of said 5.0 acre tract run South 18 degrees 10 minutes East for 823.7 feet to the point of beginning, containing 5.0 acres, more or less. Less and except any extra public road right of way. All according to that survey by Edward Overall, MLS # 1588, dated April 6, 1999.

Title to the above described property is believed to be good, but I will convey only such title as is vested in me as Substituted Trustee.

WITNESS MY SIGNATURE, this the 10th day of September, 2008

Christian Mayer

Christian Mayer, Vice President

Nationwide Trustee Services, Inc.

1587 Northeast Expressway

Atlanta, Ga 30329

(770) 234-9181 ext 1502

0804851MS

PUBLISH: 09/18/2008, 09/25/2008, and 10/02/2008

(38-40c)

The Marshall County School District will be accepting bids on installation of poles and lighting on the combination baseball and football fields at H.W. Byers School at 4178 Highway 72, Holly Springs, MS 38635.

Sealed bids may be submitted to the central office at 158 East College Avenue, Holly Springs,MS 38635. Name, address and phone number should be on all bids. Bid bond should be included in bid package.

For more information, please contact Mr. R.C. Anderson at 662-252-4171, Monday through Friday, between the house of 8:00 a.m. and 4:00 p.m.

Bids will be accepted until 2:00 p.m. on September 30, 2008. Bids will be opened at 10:00 a.m. at the central office on October 16, 2008.

The Marshall County School District reserves the right to refuse/reject any or all bids.

(38-39c)

NOTICE

The following storage units will be opened and the contents sold for delinquent rent on Sept., 2008 at 9 a.m. at Britts Mini-Storage, 2021 St. Paul Road, Byhalia, MS 38611.

Unit # Name

12 Carter

Britt’s Mini-Storage

(38c)

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