Statute in Full:
Lake Charles Louisiana
Code of Ordinances City of Lake Charles Louisiana
Chapter 4 ANIMALS AND FOWL*
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*Cross references: Noisy animals and birds, § 10-50; provisions relative to animals and fowl in public parks, § 15-40 et seq.
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Article I. In General
Sec. 4-1. Bird sanctuary--City designated.
Sec. 4-2. Same--Unlawful acts therein.
Sec. 4-3. Cruelty to animals.
Sec. 4-4. Keeping swine; proximity to other premises.
Sec. 4-5. Keeping horses, mules, goats, sheep or any livestock; enclosed area required, proximity to occupied buildings.
Sec. 4-6. Keeping milk cows or beef cattle; enclosure requirement.
Sec. 4-7. Keeping of fowl and rabbits--Proximity to occupied buildings.
Sec. 4-8. Same--Maintenance of premises.
Sec. 4-9. Same--Premises to be open for inspection.
Sec. 4-10. Animals at large prohibited.
Sec. 4-11. Impounding--Providing pound.
Sec. 4-12. Same--Officer.
Sec. 4-13. Same--Seizing and placing in pound of livestock at large.
Sec. 4-14. Same--Unauthorized removal of impounded stock.
Sec. 4-15. Sale of impounded stock--Holding period.
Sec. 4-16. Same--Notice.
Sec. 4-17. Same--Disposition of proceeds.
Sec. 4-18. Liability of owner.
Sec. 4-19. Keeping or harboring snakes in apartment houses prohibited.
Sec. 4-20. Dangerous animals.
Sec. 4-21. Vicious animals; running at large, impoundment, destruction.
Sec. 4-22. Nuisance animal--Generally.
Sec. 4-22.1. Same--On public or private property other than owner; penalties.
Sec. 4-23. Confinement of rabies and suspect animal.
Sec. 4-24. Animals at large defined.
Sec. 4-25. Unlawful to trap squirrels, etc.
Sec. 4-26. Exceptions.
Sec. 4-27. Definitions.
Sec. 4-28. Animals as personal property.
Secs. 4-29, 4-30. Reserved.
Article II. Dogs
Sec. 4-31. Short title.
Sec. 4-32. Definitions.
Sec. 4-33. Enforcement officers--Designated.
Sec. 4-34. Reserved.
Sec. 4-35. Vaccination and license--Required.
Sec. 4-36. Same--Frequency.
Sec. 4-37. Same--Places.
Sec. 4-38. Same--Clinics therefor authorized.
Sec. 4-39. Same--Fees, including license tag; services of clinic.
Sec. 4-40. License tag and collar--Issuance, attaching, wearing.
Sec. 4-41. Same--Duplicate tags.
Sec. 4-42. Impounding--Required of untagged dogs, exceptions.
Sec. 4-43. Same--Redemption period.
Sec. 4-44. Same--Redemption; fees.
Sec. 4-45. Same--Disposition of unclaimed dogs.
Sec. 4-46. Vicious dogs.
Sec. 4-47. Dogs running at large prohibited.
Secs. 4-48--4-59. Reserved.
Article III. Cats
Sec. 4-60. Short title.
Sec. 4-61. Definitions.
Sec. 4-62. Enforcement.
Sec. 4-63. Unvaccinated cats unlawful.
Sec. 4-64. Frequency of vaccinations.
Sec. 4-65. Place for vaccinations.
Sec. 4-66. Proof of vaccination.
Sec. 4-67. Impoundment.
Sec. 4-68. Redemption of impounded cats.
Sec. 4-69. Disposition of impounded, unclaimed cats.
Sec. 4-70. Reserved.
Article IV. Penalties
Sec. 4-71. Interference with enforcement.
Sec. 4-72. Failure to answer citation or ticket.
Sec. 4-73. Remove/alter brands or license tags.
Sec. 4-74. Release of impounded animals--Prohibited.
Sec. 4-75. Commercial zoological park, carnival, circus, etc.
Secs. 4-76--4-79. Reserved.
Article V. Pet Overpopulation Control
Sec. 4-80. Definitions.
Sec. 4-81. Sterilization required.
Sec. 4-82. Adoption standards.
Sec. 4-83. Confirmation of sterilization.
Sec. 4-84. Exceptions.
Sec. 4-85. Fees.
Secs. 4-86--4-100. Reserved.
Article VI. Honey Bees
Sec. 4-101. Definitions.
Sec. 4-102. Purpose; unlawful conduct.
Sec. 4-103. Hives--Registration; type.
Sec. 4-104. Fencing of flyways.
Sec. 4-105. Water.
Sec. 4-106. General maintenance.
Sec. 4-107. Queens.
Sec. 4-108. Colony densities.
Sec. 4-109. Marking hives--Presumption of beekeeping.
Sec. 4-110. Inspection.
Sec. 4-111. Compliance.
ARTICLE I. IN GENERAL
Sec. 4-1. Bird sanctuary--City designated.
The entire area embraced within the corporate limits of the City of Lake Charles be, and the same is hereby designated as a Bird Sanctuary.
(Code 1956, § 4-40; Ord. No. 1391, § 1, 3-20-63; Ord. No. 9891, § 1, 6-16-93)
Sec. 4-2. Same--Unlawful acts therein.
It shall be unlawful to trap, hunt, shoot or attempt to shoot or molest in any manner any bird or wild fowl or to rob bird nests or wild fowl nests; provided, however, if starlings or similar birds are found to be congregating in such numbers in a particular locality that they constitute a nuisance or a menace to health or property in the opinion of the proper health authorities of the city, such health authorities shall meet with representatives of the Audubon Society, Bird Club, Garden Club, or Humane Society, or as many of said clubs as are found to exist in the city and the department of public works of the city, after having given at least three days actual notice of the time and place of said meeting to the representatives of said organizations. If as a result of said meeting no satisfactory alternative is found to abate such nuisance, said birds may be destroyed in such numbers and in a manner as is deemed advisable by the health authorities under the supervision of the chief of police and director of public works of the city.
(Code 1956, §§ 4-41, 4-50; Ord. No. 1391, § 2, 3-20-63; Ord. No. 1877, § 1, 10-4-67; Ord. No. 9891, § 1, 6-16-93)
Sec. 4-3. Cruelty to animals.
(a) Any person who intentionally or with criminal negligence commits any of the following shall be guilty of cruelty to animals:
(1) Overdrives, overloads, drives when overloaded, or overworks a living animal;
(2) Tortures, torments, cruelly beats or unjustifiably injures, maims, mutilates, or kills any living animal, whether belonging to himself or another;
(3) Having charge, custody, or possession of an animal, either as owner or otherwise, unjustifiably fails to provide it with proper food, proper drink, proper shelter, or proper veterinary care:
(4) Abandons any animal;
(5) Impounds or confines or causes to be impounded or confined in a pound or other place, a living animal and fails to supply it during such confinement with proper food, proper drink, and proper shelter;
(6) Carries, or causes to be carried, a living animal in or upon a vehicle or otherwise, in a cruel or inhumane manner;
(7) Unjustifiably administers any poisonous or noxious drug or substance to any domestic animal or unjustifiably exposes any such drug or substance, with intent that the same shall be taken or swallowed by any domestic animal;
(8) Kills or injures any animal belonging to another person without legal privilege or consent of the owner;
(9) Mistreats any living animal by any act or omission whereby unnecessary or unjustifiable physical pain, suffering, or death is caused to or permitted upon the animal;
(10) Causes or procures to be done by any person any act enumerated in this section.
(b) Whoever commits the crime of cruelty to animals shall be fined not more than $500.00, or imprisoned for not more than six months, or both.
(c) This section shall not apply to the lawful hunting or trapping of wildlife as provided by law, herding of domestic animals, accepted veterinary practices, and activities carried on for scientific or medical research governed by accepted standards.
(d) For purposes of this section, fowl shall not be defined as animals.
(Code 1957, § 4-5; Ord. No. 9891, § 1, 6-13-93; Ord. No. 10335, § 1, 12-21-94)
State law references: Cruelty to animals generally, R.S. 3:2361 et seq.; requirements that municipalities provide for the punishment for cruelty to animals, R.S. 3:2392.
Sec. 4-4. Keeping swine; proximity to other premises.
It shall be unlawful to any person to keep any swine within the city unless said swine are kept in a pen or other enclosure which shall be located at least 50 feet from the nearest residence or commercial building, and at least 150 feet from the closest private property line.
(Code 1956, § 4-4; Ord. No. 1738, §§ 1, 2, 11-2-66; Ord. No. 9891, § 1, 6-16-93)
Sec. 4-5. Keeping horses, mules, goats, sheep or any livestock; enclosed area required, proximity to occupied buildings.
It shall be unlawful for any person to keep any horses, mules, goats, llamas, sheep or any livestock within the city unless said animals are kept in or upon enclosed areas, which areas shall not be less than 150 feet from the nearest residence or commercial building; except as provided in section 4-6 of this code.
(Code 1956, § 4-6; Ord. No. 1097, § 1, 8-5-59; Ord. No. 1738, § 2, 11-2-66; Ord. No. 9584, § 1, 5-6-92; Ord. No. 9891, § 1, 6-16-93; Ord. No. 10278, § 1, 10-19-94)
Sec. 4-6. Keeping milk cows or beef cattle; enclosure requirement.
If a cow is kept for milking purposes, an adequate enclosed shelter with concrete floor and sanitary drainage must be provided, and this shelter must be not less than 100 feet from the nearest residence or commercial building, and only one cow may be kept permanently within the confines of said enclosed shelter. If beef cattle are kept within the city, the enclosure shall contain enough land to provide one acre of space per animal kept therein said enclosure to be not less than 50 feet from the nearest residence or commercial building.
(Code 1956, § 4-6; Ord. No. 1097, § 1, 8-5-59; Ord. No. 1738, § 2, 11-26-66; Ord. No. 9891, § 1, 6-16-93)
Sec. 4-7. Keeping of fowl and rabbits--Proximity to occupied buildings.
Any person keeping chickens, ducks, geese or other fowl or rabbits within the city shall keep such fowl and rabbits within pens or other enclosures which shall not be nearer than 50 feet from any building used for residence or commercial purposes.
(Code 1956, § 4-1; Ord. No. 9891, § 1, 6-16-93)
Sec. 4-8. Same--Maintenance of premises.
Premises where fowl or rabbits are kept within the city shall be maintained in a sanitary condition and shall be kept clean and in good repair at all times. Floors and yards where chickens or other fowl are to be kept shall be graded and drained as well as practicable. The accumulation on such premises of materials in which flies may breed or rats may be harbored or feed is forbidden.
(Code 1956, § 4-2; Ord. No. 9891, § 1, 6-16-93)
Sec. 4-9. Same--Premises to be open for inspection.
Any person keeping chickens, ducks, geese or other fowl or rabbits within the city shall make such premises available for inspection by the chief sanitarian of the Calcasieu-Lake Charles Health Unit, The Lake Charles Health Unit, or their respective designated agent or agents, at reasonable times and hours.
(Code 1956, § 4-3; Ord. No. 9891, § 1, 6-16-93)
Sec. 4-10. Animals at large prohibited.
It shall be unlawful for any person to permit cattle, horses, mules, swine, llamas, goats, sheep or any livestock to run loose, roam at large, or sleep upon or in any way occupy the streets, sidewalks, parks or unenclosed lots within the city.
(Code 1956, § 4-6; Ord. No. 1097, § 1, 8-5-59; Ord. No. 1738, § 2. 11-2-66; Ord. No. 9584, § 1, 5-6-92; Ord. No. 9891, § 1, 6-16-93)
Cross references: Animals at large defined, § 4-24.
State law references: For authority of municipalities to prohibit livestock running at large, see R.S. 3:2531, 33:401(A)(8).
Sec. 4-11. Impounding--Providing pound.
The mayor shall secure a suitable and convenient place for the impounding of stock found to be in violation of the provisions of this article.
(Code 1956, § 4-8; Ord. No. 5912, § 1, 11-16-77; Ord. No. 9891, § 1, 6-16-93)
Sec. 4-12. Same--Officer.
The mayor is authorized to designate by joint service agreement or otherwise officers who shall be especially charged with the enforcement of this article and who shall be authorized to employ assistance in gathering, watching, herding, feeding and any other action necessary to be done to enforce said article. The officer thus designated shall keep a separate account of the expenses of each animal taken charge of for violation of said article and, before releasing any such animal, he shall collect both the fees and expenses, in default of which he shall sell at public auction as herein provided by the Joint Service Agreement with the Calcasieu Parish Police Jury. Except where a joint services agreement provides otherwise, he shall make a weekly report to the mayor giving account of the number of animals impounded, names of owners, when known, amount collected by voluntary payment and collected from sales, and giving a list of expenses incurred. He shall turn over any funds arising from said enforcement to the city treasurer.
(Code 1956, § 4-14; Ord. No. 5912, § 2, 11-16-77; Ord. No. 9891, § 1, 6-16-93)
Sec. 4-13. Same--Seizing and placing in pound of livestock at large.
Any animal found in violation of this article shall be taken in charge by any officer of the city designated for that purpose and placed in a stock pound and there detained until the owner thereof shall come forward and pay the fees and penalty assessed against him for such violation, and also pay the actual expenses incurred for detention.
(Code 1956, § 4-9; Ord. No. 5912, § 3, 11-16-77; Ord. No. 9891, § 1, 6-16-93)
State law references: Impounding by sheriff, etc., of livestock at large on highways, R.S. 3:804.
Sec. 4-14. Same--Unauthorized removal of impounded stock.
It shall be unlawful for any person to take or attempt to taken any animal impounded under this chapter out of the pound, without first paying the penalty and expense assessed against him and securing permission to remove the stock from the officer in charge of the pound.
(Code 1956, § 4-13; Ord. No. 9891, § 1, 6-16-93)
Sec. 4-15. Sale of impounded stock--Holding period.
Stock impounded under this article shall be dealt with as mandated by LSA R.S. 3:731 et seq, where applicable. Where that statute is inapplicable, and when any stock impounded under this article remains in the pound after having been advertised for six days, it shall be subject to sale and shall be sold at public auction to the last and highest bidder for cash, by an officer appointed by the mayor, or pursuant to a joint services agreement, for that purpose, and on the day designated in the advertisement, such sale to be made at the pound.
(Code 1956, § 4-10; Ord. No. 9891, § 1, 6-16-93)
Sec. 4-16. Same--Notice.
Where LSA R.S. 3:731, et seq. is inapplicable, the mayor, or his designee, shall cause to be published weekly in the official journal of the city a notice describing any unclaimed stock that may be detained in the pound under the provisions of this article, whose owner neglects or refuses to pay the fine imposed. Such notice shall state that, unless the fine assessed with the incidental expenses are paid, the mayor will, on a day fixed, proceed to sell any stock remaining in the pound to satisfy the charges arising against them from a violation of section 4-10, together with the cost of publication of the sale.
(Code 1956, § 4-11; Ord. No. 9891, § 1, 6-16-93)
Sec. 4-17. Same--Disposition of proceeds.
Except as otherwise provided in a joint services agreement, any funds arising or accruing from the enforcement of this article shall be devoted first to the payment of the expenses incurred in the enforcement of this article and, after all incidental expenses are paid, then any balance that may remain shall be turned over to animal control revenue account.
Any overplus or excess that may exist, arising from the sale of any animal under this article after the fine and expenses are paid, shall be turned over to the former owner upon presentation to the proper officer of proof of former ownership, accompanied by a written demand for the overplus; provided, that the demand is made within 30 days from the day of sale. If proof of ownership and demand is not made for the overplus within 30 days, then it shall be over to the animal control revenue account.
(Code 1956, § 4-12; Ord. No. 9891, § 1, 6-16-93)
Sec. 4-18. Liability of owner.
The owner of any animal offending against or violating this article, upon conviction, will be subject to the payment of a penalty, in addition to any fine imposed, equal to the actual cost of impounding, herding, pasturing or feeding the offending animal as circumstances may require.
(Code 1956, § 4-7; Ord. No. 9891, § 1, 6-16-93)
Sec. 4-19. Keeping or harboring snakes in apartment houses prohibited.
It shall be unlawful to keep or harbor any snake in any apartment house in the City of Lake Charles.
(Ord. No. 5582, § 1, 9-16-76; Ord. No. 9891, § 1, 6-16-93)
Sec. 4-20. Dangerous animals.
It shall be unlawful to own, keep, possess, maintain or harbor any dangerous animal.
This section shall not apply to dangerous animals who are totally helpless and, because of such helplessness, require the care of human beings in order to survive.
This section also shall not apply to animals in traveling shows, exhibitions and carnivals which present nondomesticated animals for display or use such animals, as set forth below, in their acts.
For purposes of this section "dangerous animal" shall mean: (i) any animal or fowl which is not normally domesticated or kept as a pet; (ii) any animal or fowl, the majority of which members of the same species are not domesticated, or (iii) any animal or fowl which, as a species, has demonstrated in overt ways or is commonly known to have a propensity to bite or inflict harm on human beings without provocation; including but not limited to lions, tigers, cougars, leopards, bears, poisonous snakes and snakes that can reach a length of over seven feet at maturity, alligators, squirrels, skunks, raccoons, foxes, wolves, otters, monkeys and apes.
(Ord. No. 5912, § 4, 11-16-77; Ord. No. 92-40, § 1, 8-21-91; Ord. No. 9891, § 1, 6-16-93)
Sec. 4-21. Vicious animals; running at large, impoundment, destruction.
(a) Any animal that has attacked or bitten any person or other animal without provocation is hereby deemed and declared to be a vicious animal and shall be effectively confined and controlled at all times by its owner.
(b) The owner of any animal defined as vicious shall be issued a written notice to this effect with confinement requirements stating the animal shall not be at large as defined by section 4-24 of this Code of Ordinances. Any owner seeking to reclaim a vicious animal impounded under the authority of section 4-23 shall also be notified in writing of confinement requirements, as specified by the director of the animal control division.
(c) Any animal found at large or in violation of the confinement requirements after written notice declaring it vicious has been served in person or by mail at the owners last known address or, if the owner is unknown after reasonable inquiry shall constitute a public endangerment and shall be promptly impounded, without the need for a warrant, and disposed of by euthanasia by the director or his/her designated agents without further notice to its owner who will be deemed to have abandoned the animal. In the alternative, the animal may be held for a court date, if the owner files suit within 72 hours of service of written notice, provides the animal control authority, with a certified copy of a petition filed in state court or city court contesting the action of the animal control authority. In the further alternative, the animal may be released to a responsible person conditioned upon satisfactory proof he will protect the public from such animal.
(Ord. No. 8179, § 1, 11-20-85; Ord. No. 9891, § 1, 6-16-93)
Sec. 4-22. Nuisance animal--Generally.
Any animal which:
(1) Molests or chases passers-by or passing vehicles;
(2) Attacks other animals;
(3) Trespasses on school grounds while not under direct control of the responsible owner;
(4) Damages private or public property;
(5) Barks, whines or howls in an excessive, continuous or untimely manner; or
(6) Causes unsanitary conditions or odors about the premises of the owner through urination or defecation;
is deemed and declared a public nuisance. Upon the sworn statement of two witnesses, not in the same household, in the immediate neighborhood and upon investigation by the director or his/her designated agents, the owner of the animal may be penalized as provided for herein. Said animal may be seized by the director or his/her designated agents and impounded at the Animal Control Shelter.
Provided further, upon the third offense by the owner of the animal, the owner shall be served written notice that upon the fourth offense the animal will be impounded by the director or his/her designated agents and destroyed by euthanasia or placed with a suitable, person upon proof that person shall prevent the animal from further nuisance offenses.
(Ord. No. 8179, § 1, 11-20-85; Ord. No. 9891, § 1, 6-16-93)
Sec. 4-22.1. Same--On public or private property other than owner; penalties.
Any animal which causes unsanitary conditions or odors about any part of a public street or sidewalk or the private property of one other than the owner, or keeper of the animal through urination or defecation, is deemed and declared a public nuisance.
In the case of nuisance by defecation, whether or not such action shall take place in the presence of the owner or keeper, the owner or keeper shall, upon becoming aware thereof, promptly remove all feces and dispose of them in a sanitary manner.
Upon the sworn statement of two witnesses, not in the same household, in the immediate neighborhood and upon investigation by the director or his/her designated agents, any owner or keeper violating the provisions of this section shall be guilty of a misdemeanor, and upon conviction thereof, may be punished by a fine not to exceed $100.00 or by imprisonment not to exceed ten days, or both.
(Ord. No. 9110, § 1, 7-3-90; Ord. No. 9891, § 1, 6-16-93)
Sec. 4-23. Confinement of rabies and suspect animal.
No animal that has rabies or symptoms thereof, or has been suspected of having rabies or symptoms thereof, shall be allowed at large as defined in this chapter within the city. The owner of any animal that has rabies or symptoms thereof, or has been exposed to rabies or has bitten anyone, whether said animal be on or off the owner's private property, whether vaccinated or not, shall hereby notify the director or his/her designated agents, and on demand, turn over and convey the animal to them for the purposes of observation. However, if the owner chooses, and upon sufficient evidence thereto, the owner may convey the animal to a veterinary clinic for observation for a period not less than ten days.
(Ord. No. 8179, § 1, 11-20-85; Ord. No. 9891, § 1, 6-16-93)
Sec. 4-24. Animals at large defined.
An animal shall be deemed at large if on or off the premises of its owner and not under the direct control of the responsible owner. An owner may however, leash, tie, stake, adequately fence or house the animal in any humane manner so as to keep the animal confined to the owner's property where it can not leave at will, without the animal being defined as at-large. Permitting to run at-large outside of said adequate enclosure or allowing the dog to be unrestrained in an enclosed yard when gates are open shall be in violation of this section. Hunting and stock dogs while being worked by the responsible person shall not be fined as at-large.
(Ord. No. 8179, § 1, 11-20-85; Ord. No. 9891, § 1, 6-16-93)
Sec. 4-25. Unlawful to trap squirrels, etc.
(a) Except as hereinafter provided, it shall be unlawful to trap, hunt, shoot or attempt to shoot or molest in any manner any squirrel or to rob squirrel nests.
(b) The maximum punishment for any violation of this section shall be a fine of 100.00.
(Ord. No. 7514, § 1, 12-15-82; Ord. No. 9891, § 1, 6-16-93)
Sec. 4-26. Exceptions.
(a) If the Calcasieu Parish Health Unit determines that in a particular situation a squirrel or nest of squirrels is detrimental to health and safety of humans or other animals, they may be destroyed, trapped or removed in any manner deemed appropriate.
(b) If, in a particular situation, a squirrel or nest of squirrels constitutes a substantial public or private nuisance, including, but not limited to, damage to property, said animals may be destroyed, trapped, or otherwise removed in the most humane manner possible.
(Ord. No. 7514, § 1, 12-15-82; Ord. No. 9891, § 1, 6-16-93)
Sec. 4-27. Definitions.
As used in this chapter the following words and terms shall have the meanings respectively ascribed.
Abandon: The act of deserting of or leaving with inadequate protection and care any animal, whether intentional or not, that has been recognized as owned by a person.
Adequate feed: The provision at suitable intervals, not to exceed 24 hours, of a quantity of wholesome foodstuff suitable for the species at its age and sufficient to maintain an adequate level of nutrition in each animal.
Adequate shelter: A structure which provides protection from the elements consistent with the normal requirements for the animal's size, species, and breed.
Adequate water: Clean, fresh, potable water provided in a sanitary manner or provided at suitable intervals for the species but not to exceed 24 hours at any interval.
Animal: Mammal, bird, fowl, reptile, amphibian, and fish, except when referring specifically to the control of rabies when the word "animal" shall mean only mammal.
Animal control authority: The animal control director and/or his agents including Lake Charles and Calcasieu Parish law enforcement officers, health officers, and duly appointed humane officers.
Animal control director: The person whose powers, duties, and responsibilities shall be delegated to him by the mayor and city council and who shall be responsible to the mayor, and said council in the discharge of such duties and responsibilities.
Animal establishment: A facility operated as a pet shop, a grooming shop, a commercial or private kennel, a boarding establishment for dogs or cat, a training establishment for dogs for any purpose, a commercial or private stable, a zoo, or an aviary. Animal shelters operated by a public jurisdiction or tax-exempt humane organizations as well as veterinary medical facilities are exempt from the definition.
Animal shelter: A facility operated by public jurisdiction or by an accredited, tax-exempt humane organization for the purpose of impounding, harboring, selling, placing, or destroying seized, stray, distressed, homeless, abandoned or unwanted animals in compliance with tide standards set forth in Title 9 Animal and Animal Products, Chapter 1--Animal and Plant Health Services, United States Department of Agriculture Animal Welfare Act of 1970 (Public Law 91-579).
At large: An animal on or off the premises of its owner and not under the direct control of the responsible owner. An owner may, however, leash, tie, stake, adequately fence, or house the animal in any humane manner so as to keep the animal confined to the owner's property where it cannot leave at will without the animal being defined as at-large. Permitting to run at large outside of said enclosure or allowing the dog to be unrestrained in an enclosed yard when gates are open shall be in violation of the at-large section 4-47. Hunting and stock dogs while being worked by a responsible person shall not be defined as at-large.
Aviary: An enclosure for birds which is large enough for birds to fly in freely.
Bite: Any abrasion, puncture, tear, or piercing of the human skin being caused by any animal.
Breeder: See "commercial breeder" and/or "hobby breeder."
Calcasieu Parish Health Unit: A public health facility operated by the Calcasieu Parish Police Jury and/or State of Louisiana for the purpose of disease control.
Calcasieu Parish license fee: A fee as set by the Calcasieu Parish police jury for the licensing of any animal within the parish. The same fee shall be recognized and adopted by the Lake Charles City Council.
Calcasieu Parish vaccination license certificate: A serially numbered certificate approved by a health officer and signed by a veterinarian. The certificate shall give the name of the animal's owner, a description of the animal, the year issued, and shall certify that the animal was vaccinated against rabies and licensed by Calcasieu Parish. The same vaccination license certificate is recognized and adopted by the Lake Charles City Council.
Calcasieu Parish vaccination license tag: A suitable tag bearing the same number as the vaccination license certificate and the year issued and which is approved by a health officer. The same vaccination license tag is recognized and adopted by the Lake Charles City Council.
Canine: Any member of the family Canidae, not including wolves, jackals, and foxes.
Cat: Any member of Felidae (feline) family which is domesticated.
Circus: A commercial variety show featuring animal acts for public entertainment.
Collar: A band, chain, harness, or other device worn around the neck of an animal to which a vaccination tag may be affixed.
Commercial breeder: Any person, corporation or other entity, other than a hobby breeder, who breeds and sells animals.
Commercial guard dog service: Any person, corporation, or other entity offering guard dog training or protection services for financial compensation.
Commercial kennel: Any person engaged in the commercial breeding of dogs and/or cats for sale, individually or in litter lots; or in the boarding, training, selling or letting for hire of dogs and cats for compensation. Animal hospitals maintained by a veterinarian as part of the practice of veterinary medicine, shelters operated by a public jurisdiction or tax-exempt humane organizations, and private kennels shall not be considered commercial kennels.
Commercial stable: Any stable where any charges are made to accommodate equine species. Veterinary hospitals, shelters operated by a public jurisdiction, or tax-exempt humane organizations shall not be considered commercial stables.
Dealer: Any person who sells, exchanges, or donates or offers to sell, exchange, or donate animals to another dealer, pet shop, research facility or corporation.
Dog: See "canine."
Domesticated: Any species accustomed to living with or in close association to man and having proven traditional long term association with man or society.
Euthanasia: The humane destruction of any animal accomplished by a method that involves the use of an agent which produces painless loss of consciousness and subsequent death.
Grooming shop: A commercial establishment where animals are bathed, clipped, plucked, or otherwise groomed excluding veterinary clinics and animal shelters.
Hobby breeder: Any person who maintains facilities on his premises to breed purebred and/or pedigreed animals or fowl primarily for personal recreational use shown through participation in recognized conformation shows, field or obedience trials, scenting specialized hunting or working trials, and water trials. This person's primary purposes for breeding shall be improving the physical soundness, temperament, and conformation of a given breed to a standard. Any person who does not sell or exchange at wholesale nor for purpose of research, testing, or experimentation may be considered a hobby breeder.
Horse: Any horse, pony, donkey, or mule.
Humane manner: The caring of an animal including, but not limited to adequate heat and ventilation, sanitary shelter, and wholesome food and water consistent with the normal requirements and feeding habits for the animal's size, species, and breed.
Humane organization: Any organization duly incorporated under the laws of the State of Louisiana as a non-profit humane organization.
Impound: To place an animal under the supervision of the Lake Charles Animal Control and Care Center or a veterinarian.
Interference: The act of interfering with, hindering or molesting the Animal Control Authority in the performance of any duty or seeking to release any animal in the custody of the Animal Control Authority.
Kennel: See "commercial kennel or "private kennel."
Licensing authority: Any agency or department of the city or any designated representative thereof, including veterinarians, charged with administering the issuance and/or revocation of certificates and licenses under the provisions of this article.
Livestock: Traditional farm animals.
Neutered: Incapable of sexual reproduction.
Nuisance: Any animal which damages, soils, defiles, or defecates on private property other than the owner's, on public walks, or in recreational areas; causes unsanitary, dangerous, or offensive conditions; causes a disturbance by excessive barking or other noise making; molests, attacks, or interferes with persons in the public right-of-way; chases vehicles; or attacks domestic animals.
Owner: Any person, business, corporation, or other legal entity that keeps in his care, harbors, acts as custodian, or permits an animal to remain on or about his premises.
Pet: Any animal normally considered domesticated that is kept for pleasure rather than utility.
Pet shop: Any establishment which engages in the business of buying two or more species of live animals to sell at retail; accepts animals on consignment; hires to the public; or barters or exchanges animals.
Primary enclosure: Any structure used to immediately restrict an animal or animals to a limited amount of space.
Private kennel: An area on a person's property that houses more than three dogs or cats over four months of age, such animals to be for that person's recreational use; for exhibition in conformation shows, field or obedience trials; or for herding of ranch or farm animals. The sale of offspring shall not be the primary function of the kennel.
Private stable: Any stable where no charge or other compensation is made for the use of the facilities or animals.
Public auction: Any place or location where animals are sold at auction to the highest bidder.
Restraint: Controlling an animal by a leash, within a vehicle, or by confining it on the property of the owner or keeper.
Sanitary conditions: The existence of an area that is physically clean and from which all agents injurious to health are removed and destroyed to a practical minimum.
Stable: Any building, barn or other premises in which equine species are kept or from which they are let out for hire, for working, training, or riding, or from which equine species are provided and used to give instruction in riding, or where equine species are boarded.
Tag: See "Calcasieu Parish vaccination license tag."
Temporary foster care home: A residence or farm establishment that provides temporary shelter and care for animals having special needs that the Lake Charles Animal Control and Care Center cannot feasibly provide.
Veterinarian: Any person duly licensed to practice veterinary medicine by the Louisiana Board of Veterinary Medical Examiners.
Veterinary hospital: Any commercial business, where medical and surgical treatment is administered to the animals by or under the direct supervision of a veterinarian.
Wild and exotic animals: Any undomesticated animal which can normally be found in the wild state.
Zoological park: Any permanent facility, other than a pet shop, displaying or exhibiting undomesticated animals.
(Ord. No. 7514, § 1, 12-15-82; Ord. No. 9891, § 1, 6-16-93)
Sec. 4-28. Animals as personal property.
Animals owned or maintained by citizens of this city and by other persons if those animals are situated and located in this city are declared to be personal property of such citizens.
(Ord. No. 9891, § 1, 6-16-93)
Secs. 4-29, 4-30. Reserved.
ARTICLE II. DOGS
Sec. 4-31. Short title.
This article shall be known as the "Dog Control Ordinance."
(Ord. No. 1960, § 1, 3-20-68; Ord. No. 9891, § 1, 6-16-93)
Sec. 4-32. Definitions.
As used in this article the following terms shall have the meanings ascribed to them respectively:
Animal control officer: Any person employed by the mayor for the enforcement of this article.
Animal shelter: A place designated by the mayor or his designee for keeping dogs taken into custody under the provisions of this article.
Collar: A band, chain, harness, or other device worn around the neck of an animal to which a vaccination tag may be affixed.
Confinement requirements: A securely enclosed and locked pen or structure suitable to prevent the dog from coming into contract with a human being other than the owner or any other animal and designed to prevent the animal from escaping. The pen shall be constructed of nine gauge material or stronger. The pen shall be no smaller than four feet by ten feet with sides no shorter than six feet for the comfort of the animal. The sides must be imbedded into the ground not less than one foot, if the pen is not on a concrete slab. The pen or dog run area must also have a secure top connected to the side to ensure that the animal cannot climb out. The pen shall provide a humane existence for the dog and protection from the elements.
Health officer: The director of the Calcasieu--Lake Charles Health Unit or his designee.
Vicious dog: A dog having a mean or bad temper, and which has demonstrated in overt ways a propensity to bite or attack humans or other animals without provocation, either on or off the premises of its owner.
(Ord. No. 1960, § 2, 3-20-68; Ord. No. 4596, § 1, 7-19-72; Ord. No. 9891, § 1, 6-16-93; Ord. No. 12520, § 1, 7-17-02)
Sec. 4-33. Enforcement officers--Designated.
The provisions of this article shall be enforced by the mayor or his designee, with the assistance of the animal control officer, and also with the assistance of any parish or municipal law enforcement officer within this parish.
(Ord. No. 1960, § 3, 3-20-68; Ord. No. 4596, § 2, 7-19-72; Ord. No. 9891, § 1, 6-16-93)
Sec. 4-34. Reserved.
Editor's note: Ord. No. 11700, § 2, adopted Oct. 11, 1999, repealed former section 4-34 in its entirety which pertained to interference with enforcement and derived from Ord. No. 1960, § 15, 3-20-68; No. 9891, § 1, 6-16-93.
Sec. 4-35. Vaccination and license--Required.
(a) It shall be unlawful to own, keep, possess, harbor or maintain a dog over the age of three months in this city without having such animal vaccinated annually and paying the license fee in accordance with the provisions of this article.
A license certificate shall also be issued for such license fee showing the name and address of the owner, a description of the dog by sex and color, the breed of the dog if known, and the year and number of the license tag. A record of all such information shall be kept by the issuing authority.
(b) Dogs used as guides for blind persons and commonly known as seeing-eye dogs or dogs used to assist deaf persons and commonly known as "hearing-ear" dogs, may be licensed as other dogs herein provided for, except that the owner or keeper of such dog shall not be required to pay any fee therefor.
(c) The owner or keeper of five or more dogs may procure a kennel license and pay a kennel license fee in lieu of the individual dog licenses and license fees provided for herein. The sum to be paid annually for the kennel license fee, shall not be more than:
(1) $15.00 if no more than five dogs over the age of six months are harbored on the owner's premises at the time of the application;
(2) $25.00 if more than five dogs but no more than ten dogs over the age of six months are harbored on the owner's premises at the time of the application;
(3) $30.00 if more than ten dogs over the age of six months are harbored on the owner's premises at the time of the application.
A licensed veterinarian or a veterinary clinic shall be exempt from this provision in the conduct of their regular business.
(d) Upon the issuance of a kennel license, the owner shall be furnished a number of license tags equal to the number of dogs harbored on the owner's premises. All of the provisions contained in subsection (a) of this section with regard to issuance of license tags, license certificates and the keeping of records shall also apply to kennel licenses.
(Ord. No. 1960, § 4, 3-20-68; Ord. No. 9891, § 1, 6-16-93)
Sec. 4-36. Same--Frequency.
Prior to March first of each year every owner of a dog three months of age or over shall have said dog vaccinated for rabies. The owner of a dog less than three months of age on March first of any year shall have said dog vaccinated for rabies when it attains the age of three months. The dog shall be vaccinated thereafter the same as any other dog.
(Ord. No. 1960, § 5, 3-20-68; Ord. No. 9891, § 1, 6-16-93)
Sec. 4-37. Same--Places.
The owner may take his dog to a veterinarian of his choice for all required vaccinations, or, may avail himself of the clinics hereafter provided for.
(Ord. No. 1960, § 6, 3-20-68; Ord. No. 9891, § 1, 6-16-93)
Sec. 4-38. Same--Clinics therefor authorized.
The health officer is authorized to sponsor public clinics at any place or time of his choosing for rabies vaccination of dogs, and to arrange for the services of veterinarians at such clinics.
(Ord. No. 1960, § 8, 3-20-68; Ord. No. 9891, § 1, 6-16-93)
Sec. 4-39. Same--Fees, including license tag; services of clinic.
The fee for the vaccination of a dog at a public health clinic, and for the certificate of vaccination and license tag, as established by joint service agreement or, otherwise, shall be $8.00 per animal. At such clinics, the veterinarian shall apply the vaccine and the health unit shall supply license tags, certificates and required administrative personnel.
(Ord. No. 1960, § 9, 3-20-68; Ord. No. 9891, § 1, 6-16-93)
Sec. 4-40. License tag and collar--Issuance, attaching, wearing.
At the time of vaccination the owner of the dog shall be issued a vaccination certificate and license tag. The license tag shall be securely fixed to the collar at all times, and the collar of said dog shall thereafter be worn at all times, and it shall be a violation of this article for the owner to fail to keep the dog in collar and with current license tag affixed at all times following the age at which the first rabies vaccination is required. However, the wearing of a collar and vaccination tag shall not be required for dogs while they are actually in the field hunting under the direct and personal supervision of their owners or persons designated by him, or for dogs on exhibit at animal shows, provided that the owner or designated person in charge of the dog shall have in his physical possession proof of current vaccination of the dog.
(Ord. No. 1960, § 7, 3-20-68; Ord. No. 9891, § 1, 6-16-93)
Sec. 4-41. Same--Duplicate tags.
Lost license tags may be replaced on presentation of a vaccination certificate and payment of a charge established by ordinance or by joint service agreement.
(Ord. No. 1960, § 11, 3-20-68; Ord. No. 9891, § 1, 6-16-93)
Sec. 4-42. Impounding--Required of untagged dogs, exceptions.
Any dog not wearing a collar with a current license tag shall be taken up by the animal control officer, whether said dog is on or off the premises of its owner, and impounded at the animal shelter, and thereafter returned to its owner or destroyed, as the circumstances may require, all according to the conditions, rules, regulations and requirements concerning the impounding of dogs as herein set forth.
(Ord. No. 1960, § 10, 3-20-68; Ord. No. 9891, § 1, 6-16-93)
Sec. 4-43. Same--Redemption period.
A dog impounded in the animal control shelter shall be kept for a period of five days, and unless claimed by its owner in person within said time, all rights in the dog held by the owner shall be forfeited, and title to the dog shall pass to the animal shelter or its designee or assignee.
(Ord. No. 1960, § 12, 3-20-68; Ord. No. 4596, § 3, 7-19-72; Ord. No. 9891, § 1, 6-16-93; Ord. No. 11142, § 1, 11-19-97)
Sec. 4-44. Same--Redemption; fees.
The owner producing satisfactory proof of ownership may reclaim his dog upon complying with the vaccination, collar and tag requirements of this article, together with the payment to the city or its designee or assignee of all fees and board expenses as specified by ordinance or joint service agreement, provided, however, that if the dog to be reclaimed does not have a license tag, the owner shall also pay the fees for vaccination and license undated by ordinance or joint service agreement.
(Ord. No. 1960, § 13, 3-20-68; Ord. No. 4596, § 4, 7-19-72; Ord. No. 5032, § 1, 9-4-74; Ord. No. 5945, § 1, 12-21-77; Ord. No. 9891, § 1, 6-16-93)
Sec. 4-45. Same--Disposition of unclaimed dogs.
When a dog has been impounded for five days and its owner has not appeared to redeem it, it shall be destroyed in a humane manner, unless the prospects of finding it a home, or any other reason, justifies detention for a longer period of time, all of which shall be within the discretion of the animal control officer or designee; provided however, a diseased dog may be destroyed immediately and prior to the expiration of five days, if in the opinion of the director or designee, its condition is such that imminent destruction is necessary as a humane gesture and for the protection of other animals and the humans with which the dog may come in contact.
(Ord. No. 1960, § 14, 3-20-68; Ord. No. 4596, § 5, 7-19-72; Ord. No. 9891, § 1, 6-16-93; Ord. No. 11142, § 1, 11-19-97)
Sec. 4-46. Vicious dogs.
(a) Any animal having a mean or bad temper or that has demonstrated in overt ways a propensity to endanger the safety of humans or other animals by threatening, chasing, growling, biting, attacking, or inflicting bodily injury, without provocation, on or off the premises of the owner, whether or not requiring them to seek medical treatment is hereby deemed and declared a vicious dog and shall be effectively confined and controlled at all times by its owner.
(b) The owner of any dog defined as vicious by this section shall be issued a written notice of confinement requirements stating the dog shall not be in violation of said requirements as defined by this section. Any owner seeking to reclaim a vicious dog impounded shall also be notified in writing of confinement requirements. The owner of any dog declared vicious shall immediately have the animal micro-chipped for identification and convey the information over to the animal control shelter.
(c) No person owning/harboring or having the care of a "vicious" dog shall permit such dog to go beyond said confinement unless such dog is securely leashed and muzzled or otherwise securely restrained and muzzled. Said muzzle must be made in a manner that will not cause injury to the dog or interfere with its vision or respiration, but must prevent it from biting any person or animal.
(d) No person shall own, harbor, or have more than two vicious dogs on their property at one time.
(e) The owner of a vicious dog shall keep the premises where the dog is confined in a clean condition at all times. The owner must remove any defecation caused by the dog at least one time each day.
(f) Any dog found in violation of this section after written notice has been served to the owner, shall constitute a public nuisance and the animal control shelter is authorized to promptly impound said dog.
(g) Any person found in violation of this section shall be given notice and brought into court within five working days to answer to said violations. Failure to appear to answer said charges shall cause said dog to be promptly disposed of by euthanasia by the director or his/her designated agent without further notice to its owner who will be deemed to have abandoned the dog. The owner shall pay all charges for impoundment and board of the dog.
(Ord. No. 1960, § 16, 3-20-68; Ord. No. 9891, § 1, 6-16-93; Ord. No. 12491, § 1, 6-19-02)
Sec. 4-47. Dogs running at large prohibited.
No dog, whether registered or otherwise, shall be permitted to run or be at large on any street, road, or other public place within the city limits of the City of Lake Charles, Louisiana, and it shall be the duty of the owner or keeper of a dog to have such dog confined within his or her own yard or enclosure, which said yard or enclosure shall be adequately and totally fenced including closed gates, when said dog is permitted to be unrestrained inside the fenced yard area. The fence shall be adequate in height and strength and be maintained in good repair to prevent the dog from leaving said yard at will. If said dog is allowed outside of said enclosure it shall be under leash or if the dog is loose inside an inadequately fenced yard the owner may leash, tie, stake or kennel the animal in such a way as to keep it confined to the owner's property. For the purposes of this section, any person who shall harbor or permit any dog upon or about his or her premises, or is the registered owner of said dog, shall be deemed the owner or keeper of said dog, and any owner violating the provisions of this section by permitting his or her dog to run at large outside of any enclosure, or without being under leash, shall be in violation of this section and shall be guilty of a misdemeanor.
(Ord. No. 4563, § 1, 6-7-72; Ord. No. 5032, § 2, 9-4-74; Ord. No. 9891, § 1, 6-16-93)
Secs. 4-48--4-59. Reserved.
ARTICLE III. CATS
Sec. 4-60. Short title.
This article shall be known as the "Cat Control Ordinance."
(Ord. No. 6333, § 1, 6-6-79; Ord. No. 9891, § 1, 6-16-93)
Sec. 4-61. Definitions.
As used in this article, the following terms shall have the meanings ascribed to them respectively:
Animal control officer: Any person employed by the animal control program for the enforcement of this article.
Animal shelter: The animal control center as designated for keeping cats taken into custody under the provisions of this article.
Health officer: The director of the Calcasieu Parish Health Unit.
Owner: Any person who has right of property in a cat, or who keeps in his care or harbors a cat, or who acts as its custodian, or who permits a cat to remain on or about his premises.
(Ord. No. 9891, § 1, 6-16-93)
Sec. 4-62. Enforcement.
The provisions of this article shall be enforced by the animal control officer with the assistance of any parish or municipal law enforcement officer.
(Ord. No. 6333, § 1, 6-6-79; Ord. No. 9891, § 1, 6-16-93)
Sec. 4-63. Unvaccinated cats unlawful.
It shall be unlawful to own, keep, possess, harbor or maintain a cat over the age of three months in this city without having such animal vaccinated annually in accordance with the provisions of this article.
(Ord. No. 6333, § 1, 6-6-79; Ord. No. 9891, § 1, 6-16-93)
Sec. 4-64. Frequency of vaccinations.
Prior to July 15th of each year, commencing in the year 1979, every owner of a cat three months of age or over shall have said cat vaccinated for rabies. The owner of a cat less than three months of age on July 15th of any year shall have said cat vaccinated for rabies when it attains the age of three months. The cat shall be vaccinated thereafter the same as any other cat.
(Ord. No. 6333, § 1, 6-6-79; Ord. No. 9891, § 1, 6-16-93)
Sec. 4-65. Place for vaccinations.
The owner may take his cat to a veterinarian of his choice for all required vaccinations.
(Ord. No. 6333, § 1, 6-6-79; Ord. No. 9891, § 1, 6-16-93)
Sec. 4-66. Proof of vaccination.
Proof that a cat has been vaccinated lies with the owner or keeper of the animal by the supplying of a certificate certifying said vaccination.
(Ord. No. 6333, § 1, 6-6-79; Ord. No. 9891, § 1, 6-16-93)
Sec. 4-67. Impoundment.
A cat impounded in the animal shelter shall be kept for a period of five days, and unless claimed by its owner in person within said time, all rights in the cat held by owner shall be forfeited.
(Ord. No. 6333, § 1, 6-6-79; Ord. No. 9891, § 1, 6-16-93; Ord. No. 11142, § 1, 11-19-97)
Sec. 4-68. Redemption of impounded cats.
The owner producing satisfactory proof of ownership may reclaim his cat upon complying with the vaccination requirements of this article, together with the payment of [to] the animal control center for boarding expenses and impoundment fee.
(Ord. No. 6333, § 1, 6-6-79; Ord. No. 9891, § 1, 6-16-93)
Sec. 4-69. Disposition of impounded, unclaimed cats.
When, a cat has been impounded for five days and its owner has not appeared to redeem it, it shall be destroyed in a humane manner, unless the prospects of finding it a home or any other reason justifies detention for a longer period of time; provided, however, that a diseased or injured cat may be destroyed immediately and prior to the expiration of five days if its condition is such that imminent destruction is necessary, as a humane gesture, and for the protection of other animals and humans with which the cat may come in contact.
(Ord. No. 6333, § 1, 6-6-79; Ord. No. 9891, § 1, 6-16-93; Ord. No. 11142, § 1, 11-19-97)
Sec. 4-70. Reserved.
Editor's note: Ord. No. 11700, § 2, adopted Oct. 6, 1999, repealed former section 4-70 in its entirety which pertained to interference with enforcement and derived from Ord. No. 6333, § 1, 6-6-79; Ord. No. 9891, § 1, 6-16-93.
ARTICLE IV. PENALTIES
Sec. 4-71. Interference with enforcement.
(a) It shall be unlawful for any person to hinder, molest, or interfere with an animal control officer in the performance of any duty provided for, directly or indirectly, in this chapter or seek to release any animal in the custody of the animal control officer or from a legally set humane box trap.
(b) Any person who violates this section shall be fined not less than $200.00 nor more than 500.00 or shall be imprisoned for not more than 180 days, or both.
(Ord. No. 9891, § 1, 6-16-93; Ord. No. 11700, § 1, 10-11-99)
Sec. 4-72. Failure to answer citation or ticket.
It shall be unlawful for any person to ignore a written citation or ticket from the officers, directing that such person appear in the city court on the date designated on said citation or ticket according to the instructions set forth on the citation or ticket issued to him.
(Ord. No. 9891, § 1, 6-16-93)
Sec. 4-73. Remove/alter brands or license tags.
It shall be unlawful for any person to remove from any animal or alter in any material way any brand or license tag.
(Ord. No. 9891, § 1, 6-16-93)
Sec. 4-74. Release of impounded animals--Prohibited.
No person shall by force, threats, or fraud release any animal impounded under the provisions of this chapter.
(Ord. No. 9891, § 1, 6-16-93)
Sec. 4-75. Commercial zoological park, carnival, circus, etc.
Every commercial zoological park, carnival, circus, pet shop, commercial aviary, commercial kennel, commercial guard dog service, commercial breeder, commercial dealer, grooming shop, commercial stable and public auction shall allow the animal control authority complete and total access to their establishment, property and improvements as well as to the animals.
(Ord. No. 9891, § 1, 6-16-93)
Secs. 4-76--4-79. Reserved.
ARTICLE V. PET OVERPOPULATION CONTROL
Sec. 4-80. Definitions.
As used in this article the following words shall have the following meanings ascribed to them:
Adopter: A person who is legally competent to enter into a contract and who is adopting or buying a dog or cat from a releasing agency.
Adult animal: Any dog or cat that has reached the age of 180 days or 6 months or more.
Releasing agency: An animal pound, shelter, humane organization, or animal control agency, whether public or private. The term does not include an individual who occasionally renders humane assistance or shelter in the individual's home to a dog or cat.
Sterilization: The surgical removal of the reproductive organs of a dog or cat in order to render the animal unable to reproduce.
(Ord. No. 9891, § 1, 6-16-93)
Sec. 4-81. Sterilization required.
(a) Provisions shall be made for the sterilization of all dogs and cats sold or released for adoption or purchased from any public or private animal shelter or animal control agency by either:
(1) Providing sterilization by a Louisiana licensed veterinarian before relinquishing custody of the animal;
(2) Entering into a written agreement with the adopter or purchaser guaranteeing that sterilization will be performed by a Louisiana licensed veterinarian in compliance with a sterilization agreement that shall contain the following information:
a. The date of the agreement;
b. The name, address, and signature of the releasing agency and the adopter;
c. A description of the animal to be adopted;
d. A sterilization completion date which shall be either:
1. The thirtieth day after the date of adoption in the case of an adult animal,
2. The thirtieth day after a specified date estimated to be the date an adopted infant female or male puppy or kitten becomes six months of age,
3. If the releasing agency has a written policy recommending sterilization of certain infant animals at an earlier date, the thirtieth day after the date contained in the written policy.
e. A statement printed in conspicuous bold print, that sterilization of the animal is required under this article and LSA R.S. 3:2472.
(b) Except as provided by this subsection, an adopter that signs an agreement under this article shall have the adopted animal sterilized on or before the sterilization date stated in the agreement. If the sterilization completion date stated in the agreement falls on Saturday, Sunday, or legal holiday, the deadline shall be extended to the first day that is not a Saturday, Sunday, or legal holiday. The releasing agency may extend the deadline for 30 days on the presentation of a letter or telephone report from a Louisiana licensed veterinarian stating that the life or health of the adopted animal may be jeopardized by sterilization. There shall be no limit to the number of extensions that may be granted for this reason.
(Ord. No. 9891, § 1, 6-16-93)
Sec. 4-82. Adoption standards.
(a) Each releasing agency shall agree to give title, possession, and control of the animal as long as the adopter complies with the terms and conditions of the agreement as set forth in this article.
(b) Failure by either party to comply with any provision of the adoption agreement as set forth in this article may give rise to a cause of action in a court of competent jurisdiction.
(Ord. No. 9891, § 1, 6-16-93)
Sec. 4-83. Confirmation of sterilization.
The releasing agency shall consider the animal sterilized upon receipt of written confirmation signed by the Louisiana licensed veterinarian who performed the sterilization.
(Ord. No. 9891, § 1, 6-16-93)
Sec. 4-84. Exceptions.
(a) The sterilization requirements of this article do not apply to a dog or cat that is claimed from a releasing agency by a person who already owns the animal.
(b) The provisions of this article shall not apply to animals sold or released from any humane society, public or private shelter, or animal control agency to the United States armed forces, police or other law enforcement agencies, licensed veterinary facilities, or to licensed medical facilities.
(c) The sterilization requirements of this article do not apply to a dog or cat that is claimed by an adopter who executes a written agreement obligating the adopter to care for the adopted dog or cat and all of its offspring and pays the fee set by the releasing agency, which fee shall be in addition to the set adoption fee. Failure of the adopter to comply with the written agreement may give rise to a cause of action in a court of competent jurisdiction.
(Ord. No. 9891, § 1, 6-16-93)
Sec. 4-85. Fees.
All costs of sterilization pursuant to this article shall be established by ordinance or joint service agreement and paid by the prospective adopter or purchaser, unless otherwise provided.
(Ord. No. 9891, § 2, 6-16-93)
Secs. 4-86--4-100. Reserved.
Sec. 4-81.
ARTICLE VI. HONEY BEES
Sec. 4-101. Definitions.
As used in this article, the following words and terms shall have, the meanings ascribed to them respectively:
Apiary: The assembly of one or more colonies of bees at a single location.
Beekeeper: A person who owns or has charge of one or more colonies of bees.
Beekeeping equipment: Anything that is used in the operation of an apiary, such as hive bodies, supers, frames, top and bottom boards, and extractors.
Colony or hive: An aggregate of bees consisting principally of workers, but having, when perfect, one queen and at times many drones; including brood, combs, honey, and the receptacle inhabited by the bees.
Honey bee: All life stages of the common domestic honey bee, Apis mellifera species.
Tract: A contiguous parcel of land under common ownership.
Undeveloped property: Any idle land that is not improved or actually in the process of being improved with residential, commercial, industrial, church, park, school, or governmental facilities or other structures or improvements intended for human use occupancy and the grounds maintained in association therewith. The term shall be deemed to include property developed exclusively as a street or highway or property used for commercial agricultural purposes.
(Ord. No. 9813, § 1, 3-17-93; Ord. No. 9891, § 2, 6-16-93)
Sec. 4-102. Purpose; unlawful conduct.
(a) The purpose of this article is to establish certain requirements of sound beekeeping practices, which are intended to avoid problems that may otherwise be associated with the keeping of bees in populated areas.
(b) Notwithstanding compliance with the various requirements of this article it shall be unlawful for any beekeeper to keep any colony or colonies in such a manner or of such disposition as to cause any unhealthy condition, interfere with the normal use and enjoyment of human or animal life of others, or interfere with the normal use and enjoyment of any public property or property of others.
(Ord. No. 9813, § 1, 3-17-93; Ord. No. 9891, § 2, 6-16-93)
Sec. 4-103. Hives--Registration; type.
(a) All honey bee colonies shall be registered annually with the Louisiana Department of Agriculture and Forestry.
(b) All honey bee colonies shall be kept in Langstroth type hives with removable frames, which shall be kept in sound and usable condition.
(Ord. No. 9813, § 1, 3-17-93; Ord. No. 9891, § 2, 6-16-93)
Sec. 4-104. Fencing of flyways.
In each instance in which any colony is situated within 25 feet of a public or private property line of the tract upon which the apiary is situated, as measured from the nearest point on the hive to the property line, the beekeeper shall establish and maintain a flyway barrier at least six feet in height consisting of a solid wall, fence, dense vegetation, or combination thereof that is parallel to the property line and extends ten feet beyond the colony in each direction so that all bees are forced to fly at an elevation of a least six feet above ground level over the property lines in vicinity of the apiary. It is a defense against prosecution under this section that the property adjoining the apiary tract in the vicinity of, the apiary is undeveloped property for a distance of at least 25 feet from the property line of the apiary tract.
(Ord. No. 9813, § 1, 3-17-93; Ord. No. 9891, § 2, 6-16-93)
Sec. 4-105. Water.
Each beekeeper shall ensure that a convenient source of water is available to the bees at all times during the year so that the bees will not congregate at swimming pools, bibcocks, pet watering bowls, bird bath, or other water sources where they may cause human, bird, or domestic pet contact.
Sec. 4-106. General maintenance.
Each beekeeper shall ensure that no bee comb or other materials that might encourage robbing are left upon the grounds of the apiary site. Upon their removal from the hive all such materials shall promptly be disposed of in a sealed container or placed within a building or other bee proof enclosure.
(Ord. No. 9813, § 1, 3-17-93; Ord. No. 9891, § 2, 6-16-93)
Sec. 4-107. Queens.
In any instance in which a colony exhibits unusually aggressive characteristics by stinging or attempting to sting without due provocation or exhibits an unusual disposition towards swarming, it shall be the duty of the beekeeper to promptly requeen the colony. Queens shall be selected from European stock bred for gentleness and nonswarming characteristics.
(Ord. No. 9813, § 1, 3-17-93; Ord. No. 9891, § 2, 6-16-93)
Sec. 4-108. Colony densities.
(a) It shall be unlawful to keep more than the following number of colonies on any tract within the city, based upon the size or configuration of the tract on which the apiary is situated:
(1) 1/4) acre or less tract size--two colonies;
(2) More than ( 1/4) acre but less than ( 1/2) acre tract size--four (4) colonies;
(3) More than ( 1/2) acre but less than one acre tract size--six colonies;
(4) One acre or larger tract size--eight colonies;
(5) Regardless of tract size, where all hives are situated at least 200 feet in any direction from all property lines of the tract on which the apiary is situated, there shall be no limit to the number of colonies;
(6) Regardless of tract size, so long as all property other than the tract upon which the hives are situated, that is within a radius of at least 200 feet from any hive remains undeveloped property there shall be no limit to the number of colonies.
(b) For each two colonies authorized in subsection (a) above, there may be maintained upon the same tract one nucleus colony in a hive structure not exceeding one standard 9 5/8 inch depth ten frame hive body with no supers attached as required from time to time for management of swarms. Each such nucleus colony shall be disposed of or combined with an authorized colony within 30 days after the date it is acquired.
(Ord. No. 9813, § 1, 3-17-93; Ord. No. 9891, § 2, 6-16-93)
Sec. 4-109. Marking hives--Presumption of beekeeping.
(a) In apiaries the beekeeper shall conspicuously post a sign setting forth his name and telephone number. In addition, the beekeeper's registration yard marker, provided by the LDAF, shall be posted on a sign within the apiary. It is a defense against prosecution under this subsection that a colony is kept upon the same tract upon which the owner resides.
(b) Unless marked in accordance with subsection (a) above it shall be presumed for purposes of this article that the beekeeper is the person or persons who own or otherwise have the present right of possession and control of the tract upon which a hive or hives are situated. The presumption may be rebutted by a written agreement authorizing another person to maintain the colony or colonies upon the tract setting forth the name, address, and telephone number of the other person who is acting as the beekeeper.
(Ord. No. 9813, § 1, 3-17-93; Ord. No. 9891, § 2, 6-16-93)
Sec. 4-110. Inspection.
The health officer shall have the right to inspect any apiary between the hours of 8:00 a.m. and 5:00 p.m. Where practicable, prior notice shall be given to the beekeeper if he resides at the apiary or if his name is marked on the hives.
(Ord. No. 9813, § 1, 3-17-93; Ord. No. 9891, § 2, 6-16-93)
Sec. 4-111. Compliance.
(a) Upon receipt of information that any colony situated within the city is not being kept in compliance with this article, the mayor or his designee shall cause an investigation to be conducted. If he finds that grounds exist to believe that one or more violations have occurred he shall cause a written notice of hearing to be issued to the beekeeper.
(b) The notice of hearing shall set forth:
(1) The date, time and place at which the hearing will be conducted;
(2) The violation(s) alleged;
(3) That the beekeeper may appear in person or through counsel, present evidence, cross-examine witnesses, and provide for a court reporter at his own expense;
(4) That the bees may be ordered destroyed or removed from the city if the hearing officer finds that they have been kept in violation of this article.
Notices shall be given by certified United States mail or personal delivery. However, if the health officer is unable to locate the beekeeper, then the notice may be given by publication one time in the official journal of the city at least five days prior to the date of the hearing.
(c) The hearing shall be conducted by the mayor or a health officer that he may designate. The burden shall be on the city to demonstrate by a preponderance of credible evidence that the colony or colonies have in fact been kept in violation of this article. If the hearing officer finds that the colony or colonies have been kept in violation of this article, then he may order that the bees be destroyed or removed from the city, within a period not to exceed 20 days, and that bees not thereafter be kept upon the tract for a period of two years. In instances where the hearing officer finds that the violations were not intentional and that the beekeeper has employed corrective actions that will probably be effective to cure the violations alleged, then he may at his discretion issue a warning in lieu of ordering the bees destroyed or removed. Upon failure of the beekeeper to comply with the order, the health officer may enter upon the property and cause the bees to be destroyed and the hive structures to be removed. In each instance in which a bee colony is destroyed all usable components of the hive structure that are not damaged or rendered unhealthy by the destruction of the bees shall upon the beekeepers request be returned to the beekeeper, provided that the beekeeper agrees to bear and pay, in advance all expenses associated with the destruction and/or removal of the bees and hive structure, and transportation expenses for their return.
(d) The decision of the hearing officer may be appealed to the City Council of the City of Lake Charles by filing a notice of appeal with the Clerk of the Council within ten days following the date that the hearing officer announces his decision, or if the decision is not announced at the conclusion of the hearing, then within 15 days following the date that the hearing officer places written notice of his decision in the mail to the beekeeper. An appeal shall stay the hearing officer's decision, pending the determination of the appeal.
(e) The provisions of this section shall not be construed to require the conduct of a hearing for the destruction of (1) any bee colony not residing in a hive structure intended for beekeeping, or (2) any swarm of bees, or (3) any colony residing in a standard or man-made hive, which by virtue of its condition, has obviously been abandoned by the beekeeper.
(Ord. No. 9813, § 1, 3-17-93; Ord. No. 9891, § 2, 6-16-93)
New Orleans Louisiana
Code of Ordinances City of New Orleans Louisiana
Chapter 18 ANIMALS*
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*Cross references: Noise made by animals, § 66-203; animals and pets in mobile home parks, § 98-70; restrictions on animals in parks and recreation areas, § 106-215.
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Article I. In General
Sec. 18-1. Definitions.
Sec. 18-2. Cruelty to animals.
Sec. 18-2.1. Minimum standards of care for animals (including fowl).
Sec. 18-3. Bringing sick animals into city.
Sec. 18-4. Report of sickness, isolation of animals.
Sec. 18-5. Cremation of animals dying of disease; disinfection of place.
Sec. 18-6. Owner not to withhold information from director.
Sec. 18-7. Wild or exotic animals as pets prohibited.
Sec. 18-8. Display of notice where wild or exotic animals are sold.
Sec. 18-9. Keeping ferocious animals in the city.
Sec. 18-10. Vicious or ferocious animals may be destroyed.
Sec. 18-11. Feeding or annoying animals in zoo, park, etc.
Sec. 18-12. Places animals kept to be kept clean.
Sec. 18-13. Soiling of public and private property by animals.
Sec. 18-14. Animals to be confined, exceptions.
Sec. 18-15. Sale of rabbits and other animals.
Sec. 18-16. Sale, etc., of artificially colored or dyed animals.
Sec. 18-17. Animal fighting, facilities for same, prohibited.
Sec. 18-18. Civil adjudication; misdemeanors.
Sec. 18-19. Responsibility of association members, partners and corporate officers.
Sec. 18-20. Unnatural stimulation of horses; willful pulling of reins; penalty.
Secs. 18-21--18-35. Reserved.
Article II. Administration
Division 1. Generally
Sec. 18-36. Certain powers of the director and the society.
Sec. 18-37. Society designated an employee of the city with duty to operate veterinary medicine clinics.
Sec. 18-38. Interference with director or society.
Sec. 18-39. Landlords and agents to provide information.
Sec. 18-40. Director may order animals impounded.
Secs. 18-41--18-55. Reserved.
Division 2. City Pound
Sec. 18-56. Compensation of poundkeeper.
Sec. 18-57. Impoundment authorized.
Sec. 18-58. Release of impounded animals.
Sec. 18-59. Sale of impounded animals.
Sec. 18-60. Attempt to release animal unlawful.
Sec. 18-61. Fees and keep of animals.
Sec. 18-62. Owner liable for damages.
Secs. 18-63--18-85. Reserved.
Article III. Exhibitions and Displays
Division 1. Generally
Sec. 18-86. Definitions.
Sec. 18-87. Exceptions.
Sec. 18-88. Penalties.
Secs. 18-89--18-110. Reserved.
Division 2. Permit
Sec. 18-111. Exhibition permit.
Sec. 18-112. Conditions for license.
Sec. 18-113. Permit fees.
Secs. 18-114--18-134. Reserved.
Division 3. Regulations
Sec. 18-135. Application of division.
Sec. 18-136. Wild, exotic, etc., animals--Keeping prohibited.
Sec. 18-137. Same--Fighting, harassing.
Sec. 18-138. Maintenance of equipment.
Secs. 18-139--18-165. Reserved.
Article IV. Rabies Control
Sec. 18-166. Impoundment of animals suspected of rabies.
Sec. 18-167. Impounding of animal which bites a person, etc.
Sec. 18-168. Dogs and cats to be vaccinated annually.
Sec. 18-169. Antirabies vaccination required.
Sec. 18-170. Proof of rabies vaccination.
Secs. 18-171--18-200. Reserved.
Article V. Dogs and Cats
Division 1. Generally
Sec. 18-201. Cats passing through city or exhibited at animal shows.
Sec. 18-202. Cats brought from other places.
Secs. 18-203--18-225. Reserved.
Division 2. Licensing
Sec. 18-226. Use of proceeds.
Sec. 18-227. Annual issuance of city dog or cat licenses by licensed veterinarians.
Sec. 18-228. Collection of license tag fee by licensed veterinarian; remittance to city.
Sec. 18-229. Annual vaccination drive.
Sec. 18-230. Remittance of tag fee together with registration papers.
Sec. 18-231. Notice to be provided.
Sec. 18-232. Fees remitted by 20th day of each month.
Sec. 18-233. Responsibility of licensed veterinarian to assist owner in the preparation of registration papers.
Sec. 18-234. License fee renewal obligation.
Sec. 18-235. Receipt of notice, annual vaccination, annual license renewal fees due.
Sec. 18-236. Veterinarians to comply with provisions of sections 18-230 through 18-233.
Sec. 18-237. Reserved.
Sec. 18-238. Duplicate tags prohibited.
Sec. 18-239. Penalties; additional fees.
Sec. 18-240. Society to pay for tags if owner unable or blind.
Sec. 18-241. Counterfeiting or improper use of tags.
Sec. 18-242. Improper removal of tag.
Secs. 18-243--18-265. Reserved.
Division 3. Impoundment
Sec. 18-266. Authorized.
Sec. 18-267. Use of vehicles.
Sec. 18-268. Disposition.
Sec. 18-269. Shelter and records.
Secs. 18-270--18-290. Reserved.
Division 4. Dangerous or Vicious Dogs
Sec. 18-291. Definitions.
Sec. 18-292. Determination of dangerous characteristics.
Sec. 18-293. Determination of viciousness.
Sec. 18-294. Responsibility for classification.
Sec. 18-295. Provocation.
Sec. 18-296. Proper enclosure of a dangerous or vicious dog.
Secs. 18-297--18-325. Reserved.
Article VI. Livestock and Fowl and Other Birds
Sec. 18-326. Humane treatment.
Sec. 18-327. Sale of chicks, ducklings and goslings and other fowl.
Sec. 18-328. Cattle not to be driven through streets.
Sec. 18-329. Authority of director.
Sec. 18-330. Keeping of hogs prohibited in certain areas.
Sec. 18-331. Hogs may be kept only under satisfactory conditions.
Sec. 18-332. Treatment and removal of manure.
Sec. 18-333. Use of manure as fertilizer.
Sec. 18-334. Dumping or storing manure.
Sec. 18-335. Conveying manure through the streets.
Sec. 18-336. Manure stacked for fertilizing purposes.
Sec. 18-337. Agent responsible in owner's absence.
Sec. 18-338. Information to be filed by person keeping horses or mules.
Sec. 18-339. Pigeons not to be allowed at large.
Sec. 18-340. Feeding birds in Jackson Square area.
Sec. 18-341. Killing animals, birds or wild fowl in public squares, parks or designated bird sanctuaries prohibited.
ARTICLE I. IN GENERAL
Sec. 18-1. Definitions.
The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Cat means any feline animal three months of age or older.
Cruelty to animals means the intentional or criminally negligent mistreatment of any animal by any act, or omission whereby unjustifiable physical pain, suffering, or death is caused to or permitted upon such animal.
Director means the director of the department of health for the city or his duly authorized representative.
Dog means any canine animal over three months of age.
Ferocious animals means any animal that by virtue of its size, temperament, natural environment or present circumstances is capable of threatening the safety of a living being or one that may be given to extreme fierceness, unrestrained violence or brutality.
Keeper and/or custodian means any person other than the owner harboring or having in his possession any dog.
Licensed veterinarian means a practicing veterinarian in the city who is licensed by the state board of veterinary examiners.
Owner means any person owning, possessing, harboring, keeping, maintaining, or having or assuming the care, custody or control of an animal or fowl, or permits same on his property.
Society means the Louisiana Society for the Prevention of Cruelty to Animals, its officers and agents.
Wild or exotic animals means any live monkey (nonhuman primate), raccoon, skunk, wolf, squirrel, fox, leopard, panther, tiger, lion, lynx or any other warm-blooded animal, poisonous or constricting snake or tarantula which can normally be found in the wild state or any member of crocodilian, including, but not limited to, alligators, crocodiles, caimans and gavials. Ferrets, nonpoisonous snakes, rabbits, laboratory rats and skunks which have been bred and raised in captivity and which have never known the wild shall be excluded from this definition.
(Code 1956, § 7-1(a)--(j))
Cross references: Definitions generally, § 1-2.
Sec. 18-2. Cruelty to animals.
It is unlawful for any person to ill-treat, tease, molest, or abandon an animal or fowl. It is unlawful to overdrive, overload or cruelly beat, mutilate, kill, torture, poison, abuse, or cause to procure to be overdriven, overloaded, or cruelly beaten, mutilated, killed, tortured, poisoned or abused, any animal or fowl.
It is unlawful for any person keeping an animal or fowl to fail to provide for that animal or fowl:
(1) Clean, sanitary, safe and humane conditions;
(2) Sufficient quantities of appropriate food daily served in a sanitary container or dish;
(3) Proper shelter as defined in 18-2.1;
(4) Adequate quantities of visible clean and fresh water available at all times provided in a sanitary manner; and
(5) Medical attention and/or necessary veterinary care when an animal is sick, diseased, or injured. Upon request of the LA/SPCA, written proof of veterinary care must be provided.
An animal shall be considered abandoned if any of the above requirements are not met for more than 24 hours.
It shall be unlawful to leave any animal in an unattended motor vehicle or transport an animal in any motor vehicle without adequate ventilation.
It shall be unlawful to transport any animal on a public road in any vehicle unless the animal is safely and humanely restrained (at a minimum by a harness with double tethering for dogs) so that the animal is unable to jump or fall out of the vehicle.
(Code 1956, § 7-6; Ord. No. 20,760, § 1, 6-20-02)
State law references: Municipalities, authority to punish, R.S. 3:2392; cruelty to animals, offense, R.S. 14:402.1.
Sec. 18-2.1. Minimum standards of care for animals (including fowl).
(a) Shelter and care.
(1) Shelter must be sanitary, of sound construction, and provide adequate protection from the cold and heat. Shelter must be placed in a dry area free of debris, feces, and standing water. It must have at least three sides and a weatherproof roof; have a solid sanitary floor, be adequately ventilated; provide shelter from wind, rain, sun and the elements at all times. Suitable drainage must be provided so that water is not standing in or around the shelter.
(2) Shelter must be large enough for the animal to stand, turn around, and lie down without touching the sides or top of the shelter.
(3) When outdoor temperatures reach freezing levels, all cats, dogs, and small domestic animals must be moved indoors or to an area that provides heat and shelter from the weather.
(4) All areas where animals are kept shall be cleaned regularly so that fecal matter is disposed of so not to attract insects or rodents, become unsightly or cause objectionable odors.
(5) An animal control officer may remove an animal that is living in conditions that do not meet standards outlined in 18-2.1. If modifications to the shelter or living area do not meet the standards within five business days, that animal becomes the property of the LA/SPCA.
(6) If multiple animals are present in one location, each animal must have a separate and clean food bowl. Each animal must have access to shelter and the owner must meet all standards as detailed in this section.
(b) Tethering. No animal shall be tethered as a primary means of stationary confinement; stationary confinement by tethering shall be considered cruel treatment.
(Ord. No. 20,760, § 2, 6-20-02)
Sec. 18-3. Bringing sick animals into city.
No person shall bring into or maintain within the limits of the city any animal sick with charbon, glanders or any other disease declared by the director to be infectious or contagious.
(Code 1956, § 7-21)
State law references: Unlawful transportation of diseased animals, R.S. 3:2097.
Sec. 18-4. Report of sickness, isolation of animals.
All owners or persons in charge of animals, including veterinary surgeons, and all other persons shall at once report to the director any case coming to their knowledge of animals sick with charbon, glanders or any other disease declared by the director to be infectious or contagious, also every case which may be regarded as suspicious or exhibiting symptoms of any such disease, and to at once isolate any sick animal from the well stock.
(Code 1956, § 7-22)
State law references: Restraint of sick animals, R.S. 3:2132.
Sec. 18-5. Cremation of animals dying of disease; disinfection of place.
Upon the death of any animal from any infectious or contagious disease, or from any suspicious cause, the owner of such animal or his agent shall immediately report such fact to the director and then proceed to cremate the animal or have it cremated in such a manner and at such time and place as the director may indicate. He shall also disinfect or have disinfected the place where any such sickness or death occurs in such manner as the director may prescribe.
(Code 1956, § 7-23)
State law references: Cremation or burial of animal carcasses, R.S. 3:2131.
Sec. 18-6. Owner not to withhold information from director.
It shall be unlawful for any owner or person in charge of any animal to withhold from the director any information which may be in his power to give relative to any infectious or contagious or suspicious or suspected case of illness among animals.
(Code 1956, § 7-24)
Sec. 18-7. Wild or exotic animals as pets prohibited.
No person shall keep or permit to be kept any wild, exotic or vicious animal as a pet.
(Code 1956, § 7-18)
Sec. 18-8. Display of notice where wild or exotic animals are sold.
Any person who offers for sale a wild or exotic animal shall post conspicuously at the place of sale or display the following notice:
No person may lawfully keep or permit to be kept in the City of New Orleans any live monkey (nonhuman primate) raccoon, skunk, wolf, squirrel, fox, leopard, panther, tiger, lion, lynx, or any other warm-blooded animal, poisonous or constricting snake, tarantula, crocodile or alligator which can normally be found in the wild state.
(Code 1956, § 7-19)
Sec. 18-9. Keeping ferocious animals in the city.
No ferocious animals shall be kept within the limits of the city on the premises of individuals or in menageries unless such animals are under the charge of an armed guard day and night.
(Code 1956, § 7-13)
Cross references: Dangerous or vicious dogs, § 18-291 et seq.
State law references: Regulation of menageries by city, authorized, R.S. 4:7.
Sec. 18-10. Vicious or ferocious animals may be destroyed.
The society, through its agents, shall destroy any vicious animal which cannot be safely taken up or impounded, but it shall not be lawful for any other person to willfully kill any animal unless in protection of life or limb.
(Code 1956, § 7-26)
State law references: Destruction of dangerous or vicious dog, permitted, R.S. 3:2773(D).
Sec. 18-11. Feeding or annoying animals in zoo, park, etc.
It shall be unlawful for any person to feed any beast, fowl, bird, reptile or animal of any kind whatsoever confined in a cage or enclosure in any zoo, park or other public place or to annoy any animal by throwing or putting any object into any such cage or enclosure.
(Code 1956, § 7-15)
Sec. 18-12. Places animals kept to be kept clean.
All places where animals are kept shall be kept clean and wholesome by removal of all ordure, urine and other offensive matters and by suitable cleansing as often as may be necessary, under the rules and regulations established by the director.
(Code 1956, § 7-11)
Cross references: Nuisances, § 66-241 et seq.
Sec. 18-13. Soiling of public and private property by animals.
(a) If any public or private property is soiled or contaminated by an animal, whether such nuisance shall take place in the presence of the owner or keeper or not, the owner or keeper of the animal, or if the owner or keeper is a minor, the parents or guardian thereof, shall be deemed guilty of violating this section.
(b) Any person who is in violation of this section, shall be punished by a fine of not less than $100.00 and no less than three seven-hour days of trash cleanup duties.
(Code 1956, § 7-25; M.C.S., Ord. No. 16,828, 12-15-94)
Cross references: Nuisances, § 66-241 et seq.; streets, sidewalks and other public places, ch. 146.
Sec. 18-14. Animals to be confined, exceptions.
(a) Except as provided hereinbelow, all animals are to be confined within an enclosure or secured by a chain at all times, unless accompanied by a driver or keeper.
(b) Animals, except dogs, which are accompanied by a driver or keeper are restricted to those public areas legally utilized by motor vehicles or specifically designated for animal usage and are not permitted to trespass upon any other public or private property.
(c) Dogs which are properly licensed and vaccinated as stipulated in this chapter may be allowed outside of an enclosure if under a secure leash and accompanied by its owner or keeper but are not to be allowed to trespass upon any public property, if so prohibited by another ordinance, or upon private property.
(d) Cats which are privately owned, have been spayed or neutered, and are properly licensed, vaccinated, and tagged with an identification tag clearly indicating the owner's name, current address and telephone number, may be allowed outside of an enclosure, but are not to be allowed to trespass upon any public property, if so prohibited by another ordinance, or upon private property other than that belonging to the cat owner. Any cat collected under the provisions of this section shall not be returned to its owner until such time as said owner shall have the cat spayed or neutered.
(e) Notwithstanding the provisions of this section allowing otherwise, no dogs other than dogs in parades in which dogs are the main attraction or sole participants, dogs confined on the property of their owners, dogs assigned to law enforcement canine units, seeing-eye dogs and/or dogs assisting physically challenged individuals, are allowed within 200 yards of any parade route one hour before, during, or one hour after a scheduled parade.
(Code 1956, § 7-12; M.C.S., Ord. No. 18,635, § 1, 2-19-98; M.C.S., Ord. No. 19,031, § 1, 12-17-98)
Sec. 18-15. Sale of rabbits and other animals.
(a) The sale or donation of rabbits younger than eight weeks of age in quantities of less than four to an individual is hereby prohibited.
(b) The auctioning, raffling or giving away as a prize or premium or advertising device of any animal for the purpose of inducing trade or business or competition at public or private events is hereby prohibited, except for a fund-raising event sponsored by a registered nonprofit organization that enjoys tax-exempt status under section 501(c)(3) of the Internal Revenue Code.
(Code 1956, § 7-9; M.C.S., Ord. No. 21363, § 1, 12-1-03)
Sec. 18-16. Sale, etc., of artificially colored or dyed animals.
No animal that has been dyed or otherwise colored artificially may be sold or offered for sale, raffled, offered or given as a prize, premium or advertising device; or, displayed in any store, carnival or other public place.
(Code 1956, § 7-10)
State law references: Similar provisions, R.S. 3:2363.
Sec. 18-17. Animal fighting, facilities for same, prohibited.
It shall be unlawful for any person to hold, operate, attend, sponsor or in any way further a contest that pits animals against each other and for anyone to maintain facilities for this purpose.
(Code 1956, § 7-36)
State law references: Dogfighting, R.S. 14:102.5 et seq.
Sec. 18-18. Civil adjudication; misdemeanors.
(a) Violations of this chapter shall be deemed to be violations of a public health and environmental ordinance; and shall be subject to civil administrative adjudication pursuant to chapter 6.
(b) Any person who commits any act prohibited or omits the doing of any act required by this chapter for which a lesser penalty is not specifically prescribed herein, shall be guilty of a misdemeanor and upon conviction thereof in the municipal court shall be liable for a fine not to exceed $500.00, or for a term of imprisonment not to exceed six months, or for community service or to community service, and/or fine and/or imprisonment.
(Code 1956, § 7-43.7; M.C.S., Ord. No. 18,638, § 1, 3-5-98)
Cross references: Administrative ajudication of violations of public health, housing and environmental provisions, § 6-31 et seq.
Sec. 18-19. Responsibility of association members, partners and corporate officers.
When an association of individuals is charged with violation of any provision of this chapter, each individual of such association or, if it is a foreign association, the local agent or person locally in charge thereof shall be deemed to represent such association of individuals for the purpose of enforcing this chapter and shall be held responsible and punishable for each violation thereof. When a firm is charged with such violation, each member thereof or, if it is a foreign firm, the local agent or person locally in charge of such firm shall be deemed to represent such firm for the purpose of enforcing this chapter, and shall be held responsible and punishable for each violation thereof. When a corporation is charged with such violation, all or any officers of such corporation may be held responsible and punishable for each violation of this chapter or if it is a foreigncorporation, the local agent or person locally in charge thereof shall be deemed to represent such corporation for the purpose of enforcing this chapter and shall be held responsible and punishable for each violation thereof.
(Code 1956, § 7-57)
Sec. 18-20. Unnatural stimulation of horses; willful pulling of reins; penalty.
(a) No person shall administer or apply or cause to be administered or applied to any horse which has been entered in any race, any drug, chemical, or other substance whatsoever, or any electric battery or other apparatus, which might have the effect of unnaturally depressing, stimulating or exciting any horse during any race. No jockey mounted on any horse during a race shall willfully pull the reins, or do anything whatsoever that has the effect of diminishing the chance of the horse winning any race whether such action on the part of the jockey is of his own accord, by instruction from the owner of the horse, or as a result of conspiracy with any other person.
(b) The violation of this section shall be punishable by a fine of not less than $100.00 or by imprisonment for not less than 30 days or both such fine and imprisonment.
(Code 1956, § 42-114)
State law references: Similar provisions, R.S. 4:175.
Secs. 18-21--18-35. Reserved.
ARTICLE II. ADMINISTRATION*
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*Cross references: Administration, ch. 2.
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DIVISION 1. GENERALLY
Sec. 18-36. Certain powers of the director and the society.
The director and the society may exercise all powers necessary or convenient to carry out the provisions of the chapter including the following:
(1) Issue summons for violations of the provisions of this chapter.
(2) Upon discovering a violation of this chapter the director, the society or any other persons authorized by law, shall issue a summons to the persons legally responsible for the violation. The summons need not be served at the time the violation is discovered. The summons shall recite the violation charged and the fine to be assessed therefor. The summons shall also apprise the violator that he has ten days from the date of the issuance of the summons to remit by U.S. mail or in person the fine at the office of the society. The summons shall further contain a trial date and recite that if after the expiration of ten days, the fine has not been paid, a copy of the summons will be forwarded to the clerk of the municipal court and a hearing will be held on the trial date.
(3) The director, the executive director of the society, or the chief or assistant chief humane officer of the society shall have the power to administer oaths and affirmations in connection with charges made under this section. The city shall furnish such police officers as may be necessary to assist in the enforcement of this chapter and also in the enforcing of any other law or ordinance relative to the curbing of cruelty to animals.
(Code 1956, § 7-2)
State law references: Agents of corporation as special police officers, R.S. 3:2391.
Sec. 18-37. Society designated an employee of the city with duty to operate veterinary medicine clinics.
For the purposes of R.S. 37:1514(1), the society is hereby designated as an employee of the city for the purpose of operating one or more veterinary medicine clinics within the city. The operation of such clinics shall constitute the official duties of the society as an employee of the city for so long as such clinic or clinics are open to the public to provide veterinary services both to stray, abandoned or homeless animals brought to the society and to privately owned animals brought to such clinics by or for the owners for treatment and for so long as the society charges and collects such fees as it deems appropriate for the treatment or care of animals brought in by members of the public. For the purpose of R.S. 37:1514(1), collecting of such fees shall constitute part of the official duties of the society for so long as all funds received by the society as such fees are used for the humane treatment of animals brought to or received by the society.
(Code 1956, § 7-2.1)
Sec. 18-38. Interference with director or society.
(a) Any person who shall hinder, molest or interfere with the director or the society in the performance of any function authorized by this chapter shall be guilty of a violation of this section.
(b) When called upon, the police are to assist the director or the society in the enforcement of this chapter.
(Code 1956, § 7-3)
Sec. 18-39. Landlords and agents to provide information.
The owner, or his agent, of property inhabited by others must furnish the names of the inhabitants, to the director, or the society if such information is necessary to enforce any section of this chapter.
(Code 1956, § 7-4)
Sec. 18-40. Director may order animals impounded.
If the director in the performance of his duties determines that any animal is being maintained in an environment that may be detrimental to its health and safety or to the public health and safety he may order the society to impound such animal.
(Code 1956, § 7-5)
Secs. 18-41--18-55. Reserved.
DIVISION 2. CITY POUND*
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*State law references: Authority to regulate animals running at large, R.S. 3:2531, 3:2731.
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Sec. 18-56. Compensation of poundkeeper.
The city poundkeeper shall receive the profits, if any, that may accrue from the keeping and feeding of the animals impounded under this chapter.
(Code 1956, § 7-27)
Cross references: Streets, sidewalks and other public places, ch. 146.
Sec. 18-57. Impoundment authorized.
All animals and animal-drawn vehicles taken up by the police, the society or other citizens for violating the provisions of this chapter shall be placed in the city animal pound.
(Code 1956, § 7-28)
Sec. 18-58. Release of impounded animals.
No animal or vehicle taken up and impounded under this chapter shall be released therefrom without payment of the full fee chargeable therefor.
(Code 1956, § 7-29)
State law references: Pet overpopulation control, R.S. 3:2471 et seq.
Sec. 18-59. Sale of impounded animals.
All animals and animal-drawn vehicles impounded and unredeemed within 24 hours shall, after five days' notice by the city poundkeeper on the door of the pound, be sold at public auction by the city poundkeeper, such sale to take place on the Wednesday following such notice at 12:00 noon.
(Code 1956, § 7-31)
State law references: Pet overpopulation control, R.S. 3:2471 et seq.
Sec. 18-60. Attempt to release animal unlawful.
Whoever shall attempt to rescue forcibly or by artifice any animal referred to in this chapter while such animal is being carried to the pound or when in the pound, or attack or interfere with the person conveying such animal to the pound or in charge of the animal in the pound shall be guilty of a violation of this Code.
(Code 1956, § 7-30)
Sec. 18-61. Fees and keep of animals.
The city poundkeeper may collect the following fees from the owner of any animal impounded:
(1) For each animal, $5.00, and a further sum of $4.00 per day for each day such animal may remain impounded, which shall reimburse the keeper for any expense he has incurred for provender and food.
(2) For each wagon, dray, cart or other animal-drawn vehicle impounded, $35.00.
(Code 1956, § 7-32)
Sec. 18-62. Owner liable for damages.
For any damage caused by any animal to private or public property, the owner of such animal shall be held responsible and liable for the repairs thereof.
(Code 1956, § 7-33)
Secs. 18-63--18-85. Reserved.
ARTICLE III. EXHIBITIONS AND DISPLAYS*
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*State law references: Regulation of exhibitions by city, authorized, R.S. 4:7.
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DIVISION 1. GENERALLY
Sec. 18-86. Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Carnival means amusement activities, such as rides, merry-go-rounds, booths for the conduct of games of skill, food-dispensing facilities and sideshows. It does not include gaming devices, lotteries, punchboards or other activities not in violation of the Code.
Dangerous animal means animals other than domestic dogs and cats which in a wild state are carnivorous or which, because of their nature or physical makeup, are capable of inflicting serious physical harm or death to human beings, including but not limited to such animals which belong to the cat family, snakes which are poisonous or otherwise present a risk of serious physical harm or death to human beings as a result of their nature or physical makeup, including all constrictors; and all bears, wolverines, badgers, lions, tigers, alligators, crocodiles and other such animals as the director of the department of health shall determine by written rules to be dangerous.
Exhibitions means circuses, menageries, carnivals, sideshows and other similar amusement enterprises which are open to the public and for admission to which a fee is charged.
Serious physical harm to persons includes any of the following:
(1) A mental or physical condition serious enough to require hospitalization or prolonged treatment.
(2) Physical harm involving a substantial risk of death.
(3) Physical harm involving partial permanent incapacity or total permanent incapacity.
(4) Physical harm causing permanent disfigurement or temporary serious disfigurement.
(5) Physical harm causing acute pain lasting long enough to result in substantial suffering or causing any degree of prolonged or incurable pain.
(Code 1956, § 7-17(a))
Cross references: Definitions generally, § 1-2.
Sec. 18-87. Exceptions.
The provisions of this article shall not be construed to apply to zoological parks performing animal exhibitions properly licensed by the state or city, circuses, veterinary clinics, bona fide education or medical institutions, museums or any other place where they are kept for live exhibits for study.
(Code 1956, § 7-17(g))
Sec. 18-88. Penalties.
Any person convicted of a violation of the provisions of this article shall be subject to a minimum fine of $500.00 or imprisonment for not less than 30 days and not to exceed six months, or community service, or a combination of the foregoing, for each violation.
(Code 1956, § 7-17(h); M.C.S., Ord. No. 18,638, § 2, 3-5-98)
Secs. 18-89--18-110. Reserved.
DIVISION 2. PERMIT
Sec. 18-111. Exhibition permit.
It shall be unlawful to conduct or operate within the city limits any animal exhibitions or carnivals involving ferae naturae or domestic animals in exhibitions which are open to the public without first securing a permit therefor from the department of finance, bureau of revenue, with the approval of the director of the department of health in accordance with rules and regulations as promulgated by the department of health.
(Code 1956, § 7-17(b))
Sec. 18-112. Conditions for license.
The applicant shall furnish suitable evidence of his intention and ability to comply with the following conditions:
(1) Maintenance of site, i.e., keeping same clean, free of trash, papers and other debris and litter and providing an adequate number of trash containers properly located.
(2) Security to keep order and provide a safe environment for both the public and the animals.
(3) Proof of compliance with safety and permit requirements for mechanical, structural and electrical and other hazards.
(4) Proof of public liability insurance and bonding in the amount of $250,000.00.
(Code 1956, § 7-17(b)(1))
Sec. 18-113. Permit fees.
(a) Fees for animal exhibitions and carnivals are as follows:
(1) For activities involving less than five animals, a 72-hour permit fee of $150.00.
(2) For activities involving more than five animals, a 72-hour permit fee of $250.00.
(b) These fees are in addition to any other applicable fees required by state law or the city Code.
(Code 1956, § 7-17(b)(2))
Secs. 18-114--18-134. Reserved.
DIVISION 3. REGULATIONS
Sec. 18-135. Application of division.
The prohibitions in this division apply to events and activities taking place on either public or private facilities or property and apply regardless of the purpose of the event or activities and irrespective of whether or not a fee is charged to spectators.
(Code 1956, § 7-17(f))
Sec. 18-136. Wild, exotic, etc., animals--Keeping prohibited.
No person shall keep or permit to be kept on his premises any wild, exotic, ferocious, dangerous or vicious animal for display or for exhibition purposes whether gratuitously or for a fee.
(Code 1956, § 7-17(c))
Sec. 18-137. Same--Fighting, harassing.
No person may sponsor, promote or train a wild, exotic, vicious, dangerous or ferocious animal to participate in or contribute to the involvement of an animal in or attend as a spectator any event or activity in which any wild animal engages in unnatural behavior, generally repugnant behavior or is wrestled or fought (such as bear wrestling, cockfighting and dogfighting), is mentally or physically harassed; is displayed in such a way that the animal is abused or stressed mentally or physically or is induced or encouraged to perform through the use of chemical, mechanical, electrical or manual devices in a manner that will cause or is likely to cause physical injury or suffering.
(Code 1956, § 7-17(d))
Sec. 18-138. Maintenance of equipment.
All equipment used on performing animals under this division shall fit properly and be in good working condition.
(Code 1956, § 7-17(e))
Secs. 18-139--18-165. Reserved.
ARTICLE IV. RABIES CONTROL*
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*Cross references: Health and sanitation, ch. 82.
State law references: Rabies control law, R.S. 40:1275 et seq.
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Sec. 18-166. Impoundment of animals suspected of rabies.
The society, of its own authority or if ordered by the director, shall impound any animal suspected of being infected with rabies. The disposition of any animal so suspected and impounded shall be at the discretion of the director. The society shall be responsible for informing the director of any animal so impounded.
(Code 1956, § 7-34)
Sec. 18-167. Impounding of animal which bites a person, etc.
(a) The society, of its own authority or if ordered by the director, shall impound or cause to be impounded or confined any dog or other animal that has bitten a human being within the city, for a period of at least ten days, for observation.
(b) The society, of its own authority or if ordered by the director, may extend the length of the observation period.
(c) The society shall be responsible for informing the director of all incidents in which a human being has been bitten by an animal.
(d) At the discretion of the society or the director, any dog so impounded and determined to have a current vaccination against rabies may be released to the custody of its owners, keeper or custodian for the duration of the observation period. The owner, keeper or custodian of any dog so released is not to consider the observation period concluded until notified by the director or the society.
(Code 1956, § 7-35)
Sec. 18-168. Dogs and cats to be vaccinated annually.
The owner or keeper of every dog or cat over three months old shall, at his expense, have such dog or cat vaccinated by a licensed veterinarian with antirabies vaccine at least once every 12 months, under rules and regulations to be prescribed by the director.
(Code 1956, §§ 7-37, 7-53.1)
Sec. 18-169. Antirabies vaccination required.
It shall be unlawful for any person to own, keep, maintain, harbor or possess any dog or cat in the city, unless such dog or cat, if it is over three months old, is vaccinated with antirabies vaccine by a licensed veterinarian and a tag evidencing such vaccination is affixed to the collar or harness as provided in section 18-228.
(Code 1956, §§ 7-38, 7-53.2)
Sec. 18-170. Proof of rabies vaccination.
Upon request of the director or the society, the owner, keeper or custodian of any dog or cat must furnish evidence as required in section 18-230 that such dog or cat has been vaccinated against rabies as required in section 18-168.
(Code 1956, §§ 7-39, 7-53.3)
Secs. 18-171--18-200. Reserved.
ARTICLE V. DOGS AND CATS
DIVISION 1. GENERALLY
Sec. 18-201. Cats passing through city or exhibited at animal shows.
None of the provisions of this article shall apply to cats owned by nonresidents passing through the city or cats brought to the city and entered for exhibition at any animal show, except as provided in this article.
(Code 1956, § 7-53.15)
Sec. 18-202. Cats brought from other places.
Any person may bring or cause to be brought any cat into the city from outside the city and, if such cat is vaccinated under the laws from the place from which he is brought, such person may keep such cat in the city for a period not exceeding one year without getting a license for it under this division; and during such period the provisions of this division shall not apply to such cat. If such cat is brought into the city and has not been vaccinated under the laws of the place from which it was brought, the owner or keeper shall within 30 days after such cat is brought into the city cause it to be licensed as prescribed in this division.
(Code 1956, § 7-53.16)
Secs. 18-203--18-225. Reserved.
DIVISION 2. LICENSING*
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*State law references: Licensing, authorized, R.S. 3:2731 et seq.
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Sec. 18-226. Use of proceeds.
Proceeds from the fees set forth in this division shall be used for the support of animal control activities within the city.
(Code 1956, § 7-40.1)
Sec. 18-227. Annual issuance of city dog or cat licenses by licensed veterinarians.
To assist in the control of rabies and the enforcement of this article, each licensed veterinarian shall issue to the owner, keeper or custodian of any dog or cat, to which they have administered an antirabies vaccination, an annual municipal dog or cat license tag on which shall appear the license number assigned to that dog or cat, such dog or cat license tag to be issued contemporaneously with the administration of the antirabies vaccinations contemplated by section 18-168.
(Code 1956, § 7-40)
Sec. 18-228. Collection of license tag fee by licensed veterinarian; remittance to city.
Upon administration of the anti-rabies vaccination and annual issuance of the municipal dog or cat license tag, each licensed veterinarian administering such a vaccination and issuing such a license tag shall and are so authorized to collect as the agent of and on behalf of and for remittance to the city an annual dog or cat license tag fee as follows:
Annual dog/cat license fee (spayed or neutered animals) . . . $6.00
Annual dog/cat license fee (un-spayed or un-neutered animals) . . . $10.00
Replacement tag (proof of vaccination required) . . . $5.00
(Code 1956, § 7-41; Ord. No. 19,934, § 1, 12-1-00; Ord. No. 20,032, § 1, 2-1-01)
Sec. 18-229. Annual vaccination drive.
During any organized rabies vaccination drive, as such is ordered or authorized by the director and is conducted on a city-wide basis, the fee for the required rabies license shall be $3.00.
(Code 1956, § 7-41.1)
Sec. 18-230. Remittance of tag fee together with registration papers.
The annual municipal dog or cat license tag fee authorized and required to be collected under section 8-227 by licensed veterinarians shall be remitted by each veterinarian to the city general fund, through the director of the department of finance or his designee, together with dog or cat registration papers which shall include a description of the animal to which they pertain, the date of the administration of the rabies vaccination, the name and address of the owner, keeper or custodian of the dog or cat and the notation that annual license tag fees shall be due thereafter on the anniversary of the administration of the rabies vaccination, such registration papers to be in a format prescribed by the director after consultation with the director of the department of finance.
(Code 1956, § 7-42)
Sec. 18-231. Notice to be provided.
(a) At least 15 days prior to the expiration of the annual license, the director may forward to the registered animal owner notice that the annual license fee is due and payable together with a receipt card by which the registered owner may prove payment, only after obtaining the signature of the licensed veterinarian administering the rabies vaccination and collecting the annual fee for remittance to the city.
(b) The director or his designee may forward a delinquent notice 30 days after the annual anniversary of the administration of the rabies vaccination. Such notice may state that annual and late fees are due and payable.
(c) The director or his designee may forward a registered letter 90 days after the annual vaccination. Such registered letter may restate annual and late fees due and shall advise the registered owner that fees are due and may advise the registered owner that failure to remit same within 15 days shall constitute a violation of a public health and environmental ordinance, subject to civil administrative adjudication pursuant to chapter 6.
(d) Failure to receive notice shall not relieve the animal owner of the obligations under this article.
(Code 1956, § 7-42.1)
Sec. 18-232. Fees remitted by 20th day of each month.
All fees collected by licensed veterinarians shall be remitted by each veterinarian to the city general fund, through the director of the department of finance or his designee, together with the registration papers contemplated by sections 18-228 and 18-230 herein, not later than the 20th day of each month following the month in which the fees are collected.
(Code 1956, § 7-42.2)
Sec. 18-233. Responsibility of licensed veterinarian to assist owner in the preparation of registration papers.
The licensed veterinarian administering antirabies vaccinations, issuing dog or cat municipal license tags and collecting and remitting annual license tag fees shall assist the dog or cat owner, keeper or custodian in the preparation of the dog or cat registration papers described in section 18-230 and shall advise such owner, keeper or custodian of his obligation to renew the municipal license tag annually on the anniversary of the rabies vaccination.
(Code 1956, § 7-43)
Sec. 18-234. License fee renewal obligation.
The director or his designee shall file all dog or cat registration papers received by the city and shall make such provisions as are necessary to notify owners, keepers or custodians of registered dogs or cats that license renewal fees of $4.00 for spayed or neutered dogs or cats and $6.00 for unspayed or unneutered dogs and cats are due and payable to the city general fund, on every annual anniversary of the administration of the antirabies vaccination and issuance of the municipal dog or cat license tag. Such notice may include notice of the provisions of section 18-168 requiring dogs and cats to receive antirabies vaccinations every 12 months.
(Code 1956, § 7-43.1)
Sec. 18-235. Receipt of notice, annual vaccination, annual license renewal fees due.
Upon receipt of the notice contemplated by section 18-234 each owner, keeper or custodian of dogs or cats shall secure the annual antirabies vaccination contemplated by section 18-168.
(Code 1956, § 7-43.2)
Sec. 18-236. Veterinarians to comply with provisions of sections 18-230 through 18-233.
Licensed veterinarians practicing within the city shall comply with all provisions of sections 18-230 through 18-233.
(Code 1956, § 7-43.3)
Sec. 18-237. Reserved.
Editor's note: Ord. No. 19,934, § 2, adopted December 1, 2000, repealed former § 18-237, which pertained to replacement tag, and derived from the Code of 1956, § 7-43.4.
Sec. 18-238. Duplicate tags prohibited.
No person shall knowingly reproduce or counterfeit a license tag without the authorization of the director or knowingly place or cause to be placed upon any dog or cat a license tag bearing a spurious license number or any license number other than the license number assigned pursuant to this article to that particular dog or cat.
(Code 1956, § 7-43.5)
Sec. 18-239. Penalties; additional fees.
(a) Whoever fails to comply with the provisions of this division, after notice contemplated by section 18-231, shall be liable, in addition to the fee, for a penalty of $10.00.
(b) The director may authorize the manufacture and issuance of personalized license tags, showing the name and address of the owner or another brief message, in addition to the license number. The owner, custodian, or keeper who chooses a personalized license tag or who requests a replacement of the same shall be liable to pay a personalization fee in the amount of $2.00 plus the unit cost of acquisition of the personalized tags, as determined by the director, which shall be in addition to all other fees required by this chapter. The personalization fee shall be paid each time a personalized tag is issued or replaced, but thereafter the annual renewal fees shall be paid at the standard rate. The veterinarian shall remit the personalized tag fee at the same time and in the same manner as the annual license fee.
(Code 1956, § 7-43.6)
Sec. 18-240. Society to pay for tags if owner unable or blind.
The society shall, if the owner certifies his inability to pay the cost of licensing and vaccination or if the owner is blind, have antirabies vaccination effected by a licensed veterinarian under its supervision and obtain a certificate of such vaccination and issue the license and vaccination tags, without cost.
(Code 1956, §§ 7-44, 7-53.8)
Sec. 18-241. Counterfeiting or improper use of tags.
No person shall:
(1) Counterfeit or imitate the license or vaccination tags as provided for in this division;
(2) Put on a dog or cat any such counterfeit or imitation tag; or
(3) Use such a tag on a dog or cat for which it was not issued.
(Code 1956, §§ 7-45, 7-53.9)
Sec. 18-242. Improper removal of tag.
No person shall maliciously or wantonly remove or cause to be removed, directly or indirectly, any tag from the dog or cat of another person.
(Code 1956, §§ 7-46, 7-53.10)
Secs. 18-243--18-265. Reserved.
DIVISION 3. IMPOUNDMENT*
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*State law references: Dogs not to run at large, R.S. 3:2771.
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Sec. 18-266. Authorized.
Should any dog or cat be found in the city in violation of any of the provisions of this article, the agents of the society may take the necessary steps to apprehend it, and any owner, keeper or custodian of a dog or cat or occupant of any premises who refuses to deliver for inspection any such dog or cat suspected of being in violation of any of the provisions of this article upon the demand of any such agent shall be guilty of a misdemeanor.
(Code 1956, §§ 7-47, 7-53.11)
Sec. 18-267. Use of vehicles.
The society may patrol the streets of the city with proper and suitable vehicles, employ proper agents and perform all such acts as may be necessary to catch efficiently and impound any dog or cat which may be found in the streets, parks or public places of the city not bearing the license and vaccination tag provided for in this article.
(Code 1956, §§ 7-48, 7-53.12)
Sec. 18-268. Disposition.
(a) The society, after seizing and impounding a dog or cat, shall retain it for a period of five days. If such dog or cat is not claimed by the owner within five days, the society may place it with any suitable person, with full ownership to such dog or cat being vested in the person selected. Any person claiming a dog or cat seized by the society under the provisions of this division and proving ownership thereof shall be entitled to possession of such dog or cat upon procuring a license for such dog or cat as provided in this division, having such dog or cat vaccinated, or exhibiting a certificate of a licensed veterinarian that such dog or cat has been vaccinated with antirabies vaccine, as provided in this division, and paying to the society the sum as stipulated in section 18-61 as a pound fee.
(b) The society shall have the right and authority to destroy animals unwanted as pets.
(Code 1956, § 7-53.13)
State law references: Pet overpopulation control, R.S. 3:2471 et seq.
Sec. 18-269. Shelter and records.
The society shall maintain a proper shelter and pound for all animals seized by it, shall keep proper records in which shall be registered each animal brought to its pound, a brief description of it, by whom brought, where secured, the time of its being released, to whom released or destroyed and the amount of pound fees received. Such records shall be open at all reasonable times for public inspection. The society shall make out and furnish monthly to the director of the department of finance a detailed statement of the amount of pound fees received by it in such month.
(Code 1956, § 7-53.17)
Secs. 18-270--18-290. Reserved.
DIVISION 4. DANGEROUS OR VICIOUS DOGS*
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*Cross references: Keeping of ferocious animals prohibited, § 18-9.
State law references: Destruction of dangerous or vicious dog, permitted, R.S. 3:2773(D).
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Sec. 18-291. Definitions.
The following words, terms and phrases, when used in this division, shall have the meanings as-cribed to them in this section, except where the context clearly indicates a different meaning:
Severe injury means any physical injury that results in broken bones or disfiguring lacerations requiring multiple sutures or cosmetic surgery.
(Code 1956, § 7-1(m))
Cross references: Definitions generally, § 1-2.
Sec. 18-292. Determination of dangerous characteristics.
Any dog, that when unprovoked, shall be deemed a dangerous dog if it:
(1) Bites or inflicts a bite on a human being or domestic animal either upon public property or those areas of private property that are unfenced and normally accessible to the public.
(2) Chases or approaches a person upon the streets, sidewalks, or public grounds in a terrorizing or menacing fashion or apparent attitude of attack.
(3) Bites or injures animals or persons authorized to enter upon the owner's premises such as letter carriers, meter readers, trash collectors, repair persons, delivery persons, or business customers provided that persons authorized to enter upon the owner's premises shall not include unauthorized intruders such as burglars or trespassers in the owner's business, house or apartment or within a fenced area on the premises not normally accessible to the public.
(Code 1956, § 7-1(k))
Sec. 18-293. Determination of viciousness.
Any dog which represents a danger to any person or to any domestic animal shall be deemed a vicious dog for the following reasons:
(1) Any dog that kills or causes severe or serious physical injury to any person or domestic animal without provocation.
(2) Any dog owned or harbored primarily or in part for the purpose of dog fighting or any dog trained for dog fighting.
(3) Any dog previously classified as a dangerous dog which commits a second violation by biting a person or domestic animal without provocation.
(4) Any dog which bites or injures animals or persons authorized to enter upon the owner's premises such as letter carriers, meter readers, trash collectors, repair persons, or business customers provided that persons authorized to enter upon the owner's premises shall not include unauthorized intruders such as burglars or trespassers in the owner's business, house or apartment or within a fenced area on the premises not normally accessible to the public.
(Code 1956, § 7-1(l)(1)--(4))
Sec. 18-294. Responsibility for classification.
The department of health shall be responsible for the classification of dogs as either dangerous or vicious based upon its own investigation and/or investigative reports and recommendations submitted by the society.
(Code 1956, § 7-1(l)(5))
Sec. 18-295. Provocation.
(a) The provisions of this division shall not apply to any dog which was provoked.
(b) Provocation shall mean the act of exciting, stimulating, irritating, enraging or arousing a dog to the point of aggression, in the form of biting or approaching in a menacing fashion. Unauthorized intruders such as burglars or trespassers shall be deemed to have provoked a dog by the act of entering the owner's apartment, house, business, or enclosed premises not normally accessible to the public. "Intruders" shall not include persons authorized to enter upon the owner's premises such as letter carriers, meter readers, trash collectors, repair persons, delivery persons or business customers.
(Code 1956, § 7-1(o))
Sec. 18-296. Proper enclosure of a dangerous or vicious dog.
(a) While on the owner's property, a dangerous or vicious dog shall be securely confined indoors or in a securely locked pen or structure, suitable to prevent the entry of young children and designed to prevent the animal from escaping. Such a pen or structure shall have secure sides and a secure top, and shall also provide protection from the elements for the dog.
(b) The enclosure shall be imbedded 18 inches in the ground on all sides. The director, after reviewing the circumstances associated with each situation, shall make a determination as to whether the enclosure meets its requirements. Such enclosure must assure the safety of the public as well as confinement of the dog in a humane, sanitary and healthful environment.
(Code 1956, § 7-1(n))
Secs. 18-297--18-325. Reserved.
ARTICLE VI. LIVESTOCK AND FOWL AND OTHER BIRDS
Sec. 18-326. Humane treatment.
Stores, shops, vendors and others offering chicks, ducklings, goslings or other live creatures for sale, raffle or as a prize, premium or advertising device or displaying chicks, ducklings or goslings or other live creatures shall provide the necessary brooders or other heating devices and shall see that such creatures shall not be overcrowded, and shall keep adequate food and water available at all times. Vendors or other persons selling any live creature shall furnish to the purchaser an instruction sheet for the proper care of same.
(Code 1956, § 7-7)
State law references: Similar provisions, R.S. 3:2363.
Sec. 18-327. Sale of chicks, ducklings and goslings and other fowl.
(a) The sale or donation of chicks, ducklings and goslings and other fowl younger than four weeks of age is prohibited except in quantities of 12 to an individual.
(b) The auctioning, raffling or giving away as a prize, premium or advertising device of any fowl, chick, duckling or gosling and other fowl for the purpose of inducing trade or business or competition at public or private events is prohibited.
(Code 1956, § 7-8)
State law references: Similar provisions, R.S. 3:2363.
Sec. 18-328. Cattle not to be driven through streets.
It is hereby made an offense to drive, or to attempt to drive, through the streets of the city, cattle which arrive in the city either by boat or by railroad.
(Code 1956, § 7-20)
Sec. 18-329. Authority of director.
The director may adopt reasonable rules and regulations governing the keeping of hogs within the city and issue annual permits therefor to such persons as may be found, after proper inspection and investigation, to have conformed strictly to such rules and regulations.
(Code 1956, § 7-56)
Sec. 18-330. Keeping of hogs prohibited in certain areas.
It shall be unlawful for any person to keep a hog or to permit one to run at large within any of the following prescribed limits:
(1) On the east bank of the Mississippi River, anywhere except in the following described area:
In any part of the Third Municipal District, bounded by the south property line of Old Gentilly Road from its intersection with the west property line of Arpent Lot 74 and extending in an easterly direction to the western boundary line of Paris Road (Louisiana Highway 61) thence in a southerly direction along the western boundary of Paris Road (Louisiana Highway 61) to the existing intracoastal waterway, thence along such waterway in a westerly direction to a point of intersection with the western boundary of Arpent Lot 74, as projected, thence in a northerly direction to the Old Gentilly Road and the point of beginning.
(2) In the Fifth Municipal District (Algiers), anywhere except in the portion lying east of intracoastal canal, alternate route and bounded by intracoastal canal, alternate route, Mississippi River and the Orleans-Plaquemines Parish line.
(Code 1956, § 7-54)
State law references: Similar provisions, R.S. 3:2891 et seq.
Sec. 18-331. Hogs may be kept only under satisfactory conditions.
It shall be unlawful for any person to keep a hog on any premises except under conditions satisfactory to the director.
(Code 1956, § 7-55)
Sec. 18-332. Treatment and removal of manure.
(a) Any person, whether as owner or occupant, having or permitting on his premises less than six horses, mules, cows or other animals shall remove or cause to be removed daily all manure and straw, hay or similar material used for bedding and contaminated with manure or urine from the stalls, barns and other areas occupied by such animals, which matter shall be stored in leakproof containers have solid metal covers, tightly fitted so as to render the contents thereof inaccessible to flies. All such stored matter shall be removed from such premises not less than twice weekly from March 15 to December 1 and not less than once each week from December first to March 15.
(b) Any person, whether as owner or occupant, having or permitting on his premises more than five horses, mules, cows or other animals shall remove or cause to be removed daily all manure and straw, hay or similar material used for bedding and contaminated with manure or urine from the stalls, barns and other areas occupied by such animals, which matter shall be stored either in leakproof containers having solid metal covers, tightly fitted so as to render the contents thereof inaccessible to flies, or in leakproof containers the bottoms of which shall be treated daily with a chemical or chemicals approved by the health department, the contents of which containers and the areas surrounding such containers within the distance of not less than 20 feet from all outside walls of such containers shall be sprayed daily with a fly-deterrent chemical or chemicals approved by the health department. All such containers shall be emptied, and the contents thereof shall be removed from the premises daily. The area in and around all barns and stables housing such animals shall be sprayed not less than once each week with a fly-deterrent chemical or chemicals approved by the health department.
(c) Whoever violates the provisions of this section shall be fined not less than $50.00 nor more than $100.00 or imprisoned for not more than 90 days or both such fine and imprisonment. Each day any person continues to violate any provision of this section shall constitute a separate offense.
(Code 1956, § 29-60)
Cross references: Nuisances, § 66-241 et seq.
Sec. 18-333. Use of manure as fertilizer.
From June 1 to October 1 manure shall not be used as a fertilizer on gardens, sidewalks, lots or other open areas unless and until thoroughly mixed with soil and so covered with soil that flies will not be attracted thereto.
(Code 1956, § 29-61)
Sec. 18-334. Dumping or storing manure.
No manure shall be dumped and left on the street, sidewalk, alley or open area or lot in any inhabited section nor be used to grade, in whole or in part, any sidewalk, street, alley, open area or lot in any such section. Any site used as a public dump for manure shall not be within 300 feet of any building used in whole or in part for dwelling purposes.
(Code 1956, § 29-62)
Sec. 18-335. Conveying manure through the streets.
Manure shall be conveyed through the streets of the city in such vehicles only as are properly protected against flies by suitable covering.
(Code 1956, § 29-63)
Sec. 18-336. Manure stacked for fertilizing purposes.
All manure stacked or piled for fertilizing purposes, on any truck farm or garden in a thickly settled neighborhood shall be so stacked or piled at a distance of not less than 25 feet from any building used, in whole or in part, for dwelling purposes and shall be stored in a closed bin or screened receptacle so as to prevent access of flies thereto.
(Code 1956, § 29-64)
Sec. 18-337. Agent responsible in owner's absence.
Wherever any duty is put upon the owner of any premises, stable, lot, open area or public place, in this article, in the owner's absence, the agent of such owner shall comply with the provisions of this article and for the purposes thereof any person receiving or collecting rent or attending to such property in any manner shall be deemed to be the agent of the owner.
(Code 1956, § 29-65)
Sec. 18-338. Information to be filed by person keeping horses or mules.
Every person within the limits of the city, having one or more horses or mules housed or stabled within the city shall file with the department of health on a blank especially prepared for this purpose by the department the following information: Name of the owner; number and kind of animals housed or stabled on the premises; address of place (street and number) where the animals are stabled and such other information as the department may deem necessary for the enforcement of proper sanitary regulations on the premises.
(Code 1956, § 29-57)
Sec. 18-339. Pigeons not to be allowed at large.
It shall be unlawful for any person owning or harboring pigeons to allow them to go at large within the city. But this section shall not be construed to prohibit the flying, racing or exercising of the Antwerp or homing pigeon at such time that such flying, racing or exercising shall be under the continuous personal supervision of a person or the agent of a person owning or harboring such Antwerp or homing pigeons.
(Code 1956, § 7-14)
State law references: Killing or catching when banded prohibited, penalty, R.S. 56:122.
Sec. 18-340. Feeding birds in Jackson Square area.
(a) It shall be unlawful for any person to dispense or distribute feed for or to feed any bird or fowl or throw or place on the ground any bread, breadcrumbs, seed, bird food, popcorn, or similar food in the area bounded by Decatur Street, St. Peter Street, Royal Street and St. Ann Street in the Vieux Carre area of the city.
(b) The provisions of this section shall not apply to any person who is authorized in writing by the director of the department of health to feed or dispense to birds or fowl food or food containing birth control drugs or chemicals. Any informational signs placed in the aforementioned area in connection with the enforcement of this section shall be approved by the Vieux Carre Commission and the superintendent of the parkway and parks commission.
(c) The provisions of this section shall be enforced by summons. The fine for violations of the provisions of this section shall be a fine of not more than $25.00. Upon discovery of a violation of this section, agents of the department of police or the Vieux Carre Commission shall issue a summons to the person found in violation of this section. The summons shall be returnable to the municipal court, where the defendant shall be served by affidavit.
(Code 1956, § 7-15.1)
Cross references: Streets, sidewalks and other public places, ch. 146.
Sec. 18-341. Killing animals, birds or wild fowl in public squares, parks or designated bird sanctuaries prohibited.
(a) In any public square, park or designated bird sanctuary, it shall be unlawful for any person to molest or kill any bird, fowl or animal, to trap, hunt, shoot or attempt to shoot or molest in any manner any bird or wild fowl or to rob bird nests therein. Provided, however, if starlings or similar birds are found to be congregating in such numbers in a particular locality that they constitute a nuisance or menace to health or property in the opinion of the director then in such event the director shall meet with representatives of the Audubon Society, bird club, garden club or humane society, or as many of such organizations as are found to exist in the city, after having given at least three days' actual notice of the time and place of such meeting to the representatives of such organizations. If as a result of such meeting, no satisfactory alternative is found to abate such nuisance, then such birds may be destroyed in such numbers and in such manner as is deemed advisable by the director.
(b) The entire area known as the Lake Vista Subdivision which is bounded by Robert E. Lee Boulevard, Marconi Drive, Lakeshore Drive and Beauregard Avenue is hereby designated as a bird sanctuary.
(c) The entire area known as Joe W. Brown Park which is bounded by Read Road to the west, proposed Wright Road to the east, Lake Forest Boulevard to the north, and Dwyer Road to the south, is hereby designated as a bird sanctuary.
(d) The area known as Tall Timbers Subdivision which is bounded by General DeGaulle Drive, Woodland Drive, proposed Tullis Drive, and the drainage servitude canal which bounds Tall Timbers Subdivision to the west is hereby designated as a bird sanctuary.
(e) That area bounded by Robert E. Lee Boulevard from West End Boulevard to the Outfall Canal and extending to Lake Pontchartrain on north, known as East and West Lakeshore is hereby designated as a bird sanctuary and shall be called "Lakeshore Bird Sanctuary."
(f) The entire area known as the Village de L'est Subdivision which is bounded by Bayou Chef to the south, the Michot Line to the west, and North Lemans Street and Bayou Michot to the north and the east, is hereby designated as a bird sanctuary.
(g) The entire area known as Walnut Bend, which is bounded by the north side of MacArthur Boulevard, the Magellan Canal and General Collins Avenue on the west, the south side of General Meyer Avenue, and Kabel Drive on the east, is hereby designated as a bird sanctuary.
(h) That area bounded by Downman Road, Crowder Boulevard, Morrison Road and Hayne Boulevard is hereby designated as a bird sanctuary.
(i) That area bounded by a line from the intersection of the Maxent Canal and Interstate 10; south along Maxent Canal and Chef Menteur Highway; west along Chef Menteur Highway to Levee 33; northward along Levee 33, including Parcels 1-B and 11-E to the Michoud line; then in a northerly direction along the Michoud line to Interstate 10; easterly along Interstate 10 to the Maxent Canal; is hereby designated as a bird sanctuary and shall be called "New Orleans East Bird Sanctuary."
(j) That area bounded by Read Boulevard, I-10 Service Road East, Bullard Avenue and Lake Forest Boulevard is hereby designated as a bird sanctuary.
(k) That area bounded by Poland Avenue, North Roman Street, Pauline Street and St. Claude Avenue is hereby designated as a bird sanctuary.
(l) That area of neutral ground in Bullard Avenue bounded by Morrison Road and Wales Street is hereby designated as a bird sanctuary.
(m) That area known as Longue Vue House and Gardens, which is bounded by Palmetto Street, I-10 Service Road West, Metairie Road and Bamboo Road, is hereby designated as a bird sanctuary.
(n) That area bounded by Robert E. Lee Boulevard from Bayou St. John to the London Avenue Outfall Canal and extending to Lake Pontchartrain north, known as Lake Terrace, is hereby designated as a bird sanctuary and shall be called "Lake Terrace Bird Sanctuary."
(Code 1956, § 7-16; M.C.S., Ord. No. 17,209, § 1, 9-21-95; M.C.S., Ord. No. 21923, § 1, 4-21-05)
Cross references: Streets, sidewalks and other public places, ch. 146.
State law references: Similar provisions, R.S. 56:761.
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