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Louisiana

West's Louisiana Statutes Annotated. Louisiana Revised Statutes. Title 3. Agriculture and Forestry. Chapter 17. Cruelty to Animals. Part II. Corporations for Prevention of Cruelty to Animals

Statute Details
Printable Version
Citation: LA R.S. 3:2391 - 2501

Citation: LSA-R.S. 3:2391 - 2501


Last Checked by Web Center Staff: 01/2014

Summary:   These chapters concerns the powers and duties of Louisiana corporations for prevention of cruelty to animals.


Statute in Full:

Link to Louisiana Cruelty Laws

Part II. Corporations for Prevention of Cruelty to Animals

§ 2391. Agents of corporation as special police officers; compensation; aid from regular police force

§ 2392. Municipalities to provide punishment for cruelty to animals

§ 2393. Corporation to receive one half of fines

Part III. Care of Suffering Animals

§ 2431. Humane society may arrange for care of animals

§ 2432. Arrangement with stable for care of animals

§ 2433. Employment of veterinarian

§ 2434. Stable to register animals cared for

§ 2435. Determination whether animal may leave stable

§ 2436. Sale of animal on owner's failure to pay for treatment

§ 2437. Liability of society to stable or veterinarian; privilege upon animals

§ 2438. Opportunity to owner to treat animal if proper treatment is given

§ 2439. Court review of humane society's treatment of animal; damages limited to costs

§ 2440. Resisting officers; penalty

Part VII. Animal Control Agency Officers

§ 2501. Animal control agency control officers; applicable parishes; P.O.S.T. certification; commissions; powers

 

 


§ 2391. Agents of corporation as special police officers; compensation; aid from regular police force

Whenever, in any incorporated city or town or in any parish, a corporation for the prevention of cruelty to animals shall be organized, the mayor of the city or town and the police jury of the parish, respectively, as the case may be, shall appoint and commission as special police officers such agents as the corporation for the prevention of cruelty to animals may nominate; and agents being so commissioned shall have the usual power of policemen and peace officers. No city, town, or parish shall be liable hereunder for any compensation to the special officers, and the police force of all incorporated cities and towns in the state shall aid any such corporation, its members or agents, in the enforcement in its respective locality of all laws enacted for the protection of animals.

CREDIT(S)

Amended by Acts 2008, No. 920, § 1, eff. July 14, 2008.


§ 2392. Municipalities to provide punishment for cruelty to animals

Municipal corporations shall provide by ordinance for the punishment of cruelty to animals, when committed in any street, park, levee, or other public place in the limits of the corporation, by fine or imprisonment, or both, as a police offense.

HISTORICAL AND STATUTORY NOTES

2011 Main Volume

Source:

Acts 1888, No. 19, § 3.


§ 2393. Corporation to receive one half of fines

Whenever a fine is imposed on any person as a penalty for violation of any law of this state or municipal ordinance respecting cruelty to animals, and the prosecution shall have been initiated, conducted, assisted, or appeared in by any officer, member, agent, or counsel of any society for the prevention of cruelty to animals in the parish where the offense is committed, incorporated under the general law of this state, one half of the fine shall be paid to the society and the receipt of its treasury shall be a full acquittance to the officer collecting the fine.

HISTORICAL AND STATUTORY NOTES

2011 Main Volume

Source:

Acts 1892, No. 109, § 1.

 

Part III. Care of Suffering Animals

§ 2431. Humane society may arrange for care of animals

All officers of incorporated humane societies, in cities over twenty-five thousand and under one hundred thousand inhabitants, and all officers of the law in the cities, who are hereby made special officers of the societies, when in their judgment cruelty is being practiced towards any animal or the animal is bruised, wounded, crippled, abrased, sick, or diseased, may remove the animal whenever found to any stable designated by the humane society, for care and treatment, there to remain until sufficiently recovered to resume service.

HISTORICAL AND STATUTORY NOTES

2011 Main Volume

Source:

Acts 1914, No. 28, § 1.


§ 2432. Arrangement with stable for care of animals

Before any humane society can avail itself of the provisions of this Part, the humane society shall arrange with some stable for the care of animals and charges shall be fifty cents per day, provided however, the medical attendance shall be extra. If the society maintains its own stable the charges shall be as above set out.

HISTORICAL AND STATUTORY NOTES

2011 Main Volume

Source:

Acts 1914, No. 28, § 2.

 

§ 2433. Employment of veterinarian

The humane society after complying with R.S. 3:2432 shall arrange with some veterinarian, and agree upon a scale of uniform charges, and the society may employ veterinarians to attend any animals that in their judgment need treatment.

CREDIT(S)

Amended by Acts 2008, No. 920, § 1, eff. July 14, 2008.

HISTORICAL AND STATUTORY NOTES

2011 Main Volume

Source:

Acts 1914, No. 28, § 3.

 

§ 2434. Stable to register animals cared for

The stable designated or owned by the humane society shall keep a special book for the purpose of registering any animal entrusted to their care under this Part, and the book shall be open to inspection at all times.

HISTORICAL AND STATUTORY NOTES

2011 Main Volume

Source:

Acts 1914, No. 28, § 4.

 

§ 2435. Determination whether animal may leave stable

Animals removed to stables in accordance with this Part shall remain until pronounced suitable to resume service by the humane society's officer, and in case the owner of the animal disagrees with the society's officer on this point, the president of the society shall call in a veterinarian, and if the officer and veterinarian cannot agree, the president shall call in a disinterested experienced person whose decision as to the condition of the animal shall be final.

CREDIT(S)

Amended by Acts 2008, No. 920, § 1, eff. July 14, 2008.

HISTORICAL AND STATUTORY NOTES

2011 Main Volume

Source:

Acts 1914, No. 28, § 5.

 

§ 2436. Sale of animal on owner's failure to pay for treatment

After the animal has been cared for and treated the owner of the stable as well as the veterinarian treating the animal shall notify the president of the society by sending a statement of their charges, and the president of the society shall cause a registered notice to be sent to the owner of the animal, apprising him of the fact that the animal is ready to resume service and advising him as to the amount of the charges. Should the owner not take the animal and pay the charges within five days after the receipt of the notice, the society may sell the animal at public auction in the manner now provided by law for judicial sales; the excess of the charges and expenses shall go to the owner of the animal.

CREDIT(S)

Amended by Acts 2008, No. 920, § 1, eff. July 14, 2008.

HISTORICAL AND STATUTORY NOTES

2011 Main Volume

Source:

Acts 1914, No. 28, § 6.

 

§ 2437. Liability of society to stable or veterinarian; privilege upon animals

The humane society shall be liable to the stable or veterinarian for their expenses and services under this Part, but only as per the scale of charges agreed upon, and the society may remove the animals and change surgeons at its pleasure. A privilege is created upon all animals treated as above set out, in favor of the humane society, and it shall be superior to any other privilege on the animals.

CREDIT(S)

Amended by Acts 2008, No. 920, § 1, eff. July 14, 2008.

HISTORICAL AND STATUTORY NOTES

2011 Main Volume

Source:

Acts 1914, No. 28, § 7.

 

§ 2438. Opportunity to owner to treat animal if proper treatment is given

No officer of any humane society, or other officer, shall remove any animal to their stable or one designated by them, or to engage any veterinarian to treat any animals as provided herein, without first giving the owner the privilege of removing the animal to his own stable or a stable designated by him; the owner may furnish his own treatment or veterinarian, at all times, but the officer of the humane society may inspect the animal at all times, and if in his opinion the treatment accorded the animal is not proper or beneficial, the officer may place him in the society's stable or designated stable and under the care of their own surgeon as herein above set out. Should there be a disagreement as to the merits of the treatment of the animal, it shall be decided as set out in R.S. 3:2435.

CREDIT(S)

Amended by Acts 2008, No. 920, § 1, eff. July 14, 2008.

HISTORICAL AND STATUTORY NOTES

2011 Main Volume

Source:

Acts 1914, No. 28, § 8.

 

§ 2439. Court review of humane society's treatment of animal; damages limited to costs

Any person feeling himself aggrieved at the action of the humane society or its officers may try the issues before a court of competent jurisdiction, but the issues meant herein shall only be as to whether the animal's condition is such as to warrant action by the society or whether the animal is in condition to be used, before or after treatment, or whether the treatment accorded the animal by the owner, as set out in R.S. 3:2438 is proper or beneficial; no damages except the actual court costs shall be assessed against the society.

HISTORICAL AND STATUTORY NOTES

2011 Main Volume

Source:

Acts 1914, No. 28, § 9.

 

§ 2440. Resisting officers; penalty

Whoever resists the officers empowered herein, in carrying out the provisions of this Part, shall be fined not less than five nor more than twenty-five dollars, or imprisoned not less than five nor more than twenty-five days, or both.

HISTORICAL AND STATUTORY NOTES

2011 Main Volume

Source:

Acts 1914, No. 28, § 10.

 

Part VII. Animal Control Agency Officers


§ 2501. Animal control agency control officers; applicable parishes; P.O.S.T. certification; commissions; powers

A. Any animal control agency maintained by a parish governing authority described in Subsection B of this Section shall be authorized to commission such animal control officers as provided in Subsection B of this Section as animal control investigators or specialists of the agency who, if P.O.S.T. certified, shall exercise regular police powers of the state granted to law enforcement officers. Any such investigator or specialist shall be empowered to enforce all animal-related crimes defined by ordinance or state law including but not limited to animals at large, animal cruelty, dog fighting, animal theft, or any law or ordinance governing animal disease control.

B. The commissioning of animal control officers designated in Subsection A of this Section shall be applicable only to those parishes who maintain animal control agencies with a population of over fifty thousand, according to the most recent federal decennial census as follows, subject to the following limitations:

(1) An animal control agency maintained by the parish governing authority in a parish with a population of over fifty thousand, according to the most recent federal decennial census, but less than one hundred thousand according to the most recent federal decennial census, may commission one P.O.S.T. certified animal control officer.

(2) An animal control agency in a parish with a population of over one hundred thousand, according to the most recent federal decennial census but less than one hundred fifty thousand according to the most recent federal decennial census, may commission two P.O.S.T. certified animal control officers.

(3) An animal control agency in a parish with a population of over one hundred fifty thousand according to the most recent federal decennial census may commission three P.O.S.T. certified animal control officers.

C. Any officer designated in Subsection A of this Section who has met the qualifications of P.O.S.T. and was P.O.S.T. certified on or after January 1, 2000, and has maintained firearm qualifications and worked continuously for an animal control agency designated in Subsection B of this Section shall be deemed to be P.O.S.T. certified.

CREDIT(S)

Added by Acts 2006, No. 807, § 1. Amended by Acts 2009, No. 21, § 1.


 

 



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