This is the Municode for Walker , La 70785
Sec. 4-1. Definitions
Unless otherwise indicated in a specific section below, for the purpose of this Ordinance the following terms, phrases, words, and derivations shall have the following meanings;
Abandons means to completely forsake and desert an animal previously under the custody or possession of a person without making reasonable arrangements for its proper care, sustenance, and shelter.
Animal means any live or dead vertebrate creature, not to include fish or homo-sapiens.
Animal control shelter means the animal control shelter established by the Walker City Council as the animal control shelter for the city, its director, agents or employees.
At large shall mean any companion animal that is not within the confines of its owner's home, yard, pen, primary enclosure or automobile and that is not on a tether which restricts the animal to the confines of its owner's property nor on a leash no longer than six (6) feet.
Companion animalsu shall include all exotic animals maintained as pets in a private residence.
Court means the City of Walker Mayor's Court.
Cruel means every act or failure to act whereby unjustifiable physical pain or suffering is caused or permitted.
Excessive barking and/or noise means animal noises of such a loudness, intensity and duration as to prevent or interfere with a person's ability to enjoy his property, including but not limited to, situations where; on more than one (1) occasion has awakened the complainant up from sleep; or Continues in such a manner so as to cause mental anguish or suffering, loss of sleep or a disturbance of the peace. (similar provisions, subsection
10-38(h))
Excessive odor means an odor of such intensity and duration as to prevent or interfere with a person's ability to enjoy his property, including, but not limited to, situations where the odor continues in such a manner as to cause mental anguish and suffering or such as to disturb the comfort or response of persons dwelling in the vicinity of where the animal is kept.
Feral cat means an undomesticated or wild cat or a cat that has reverted to a wild or undomesticated state through abandonment.
Inoculate shall mean the administration of any drug, subcutaneously or otherwise as approved by the United States Department of Public Health.
Impound means to take into custody, seize and hold an animal at the animal control shelter.
Livestock means cattle, sheep, swine, goats, horses, mules, burros, asses, other livestock of all ages, farm-raised ratite species.
Nuisance shall mean damaging, soiling, defiling, or defecating on property other than its owner's, or on public sidewalks, excessive noise making, excessive odor, excessive barking, molesting, threatening, attacking or interfering with persons on public or private [property], chasing automobiles or other means of conveyance, attacking other animals and disturbing or turning over garbage containers or running at large or interfering with another person's enjoyment of his property.
Owner shall include any person who shall harbor or permit an animal to remain and to be lodged and fed within his or her home, or on his or her premises, where he or she resides or on property he or she owns.
Pet means any animal kept for pleasure rather than utility.
Physical control shall mean by leash, cord or some like means.
Proper food:
(1)
Food should be wholesome, palatable and free from contamination. Food shall be provided in sufficient quantity and be of adequate nutritional value to maintain all animals in good health.
(2)
The diet shall be prepared with consideration of the age species, condition, size and type of animal.
(3)
Animal shall be fed as dictated by veterinary advice or other professionally accepted practices for the safety and well-being of the animal.
(4)
All food receptacles shall be kept clean and sanitary. Receptacles used to store food shall be kept covered.
(5)
If more than one animal is fed at once, it shall be the responsibility of the owner/custodian to ensure that each animal receives enough food.
Proper shelter:
(1)
Indoor:
a.
Facilities shall be sufficiently regulated by heating and cooling, if necessary, to protect animals from extreme temperatures and to provide for their health and well-being. Temperature shall not be below fifty (50) degrees Fahrenheit or above ninety (90) degrees Fahrenheit.
b.
Facilities shall be adequately ventilated by natural or mechanical means to provide for the health and well-being of the animal at all times. Such facilities shall be provided with fresh air by means of windows, doors, vents, fans, or air conditioning and shall be ventilated so as to minimize drafts, odors and moisture condensation.
(2)
Outdoor:
a.
All animals kept outdoors shall have access to shelter that provides protection from the weather, i.e., wind, precipitation, or other inclement weather conditions.
b.
Shelter shall be well constructed and appropriate for the species. Consideration shall be given to the animal's age, physical condition, size, and hair coat when determining whether or not available shelter is proper.
c.
All animals shall have access to shade from the sun during hot weather.
(3)
Outdoor for dogs:
a.
The shelter for a dog shall have a roof, enclosed sides, a doorway, and constructed on a dry, sanitary, level surface.
b.
Under freezing conditions, bedding shall be supplied.
c.
Structure shall be large enough to permit normal postural adjustment.
Proper water:
(1)
Proper water shall mean clean, drinkable water available at all times for all animals.
(2)
Animals that are being worked or are in transport shall be provided water as often as necessary for the health and comfort of the animal. Frequency of watering shall consider age, species, condition, size and type of animal. Activity levels and climatic conditions must also be considered.
(3)
All water receptacles shall be kept clean and sanitary, be of appropriate design and size for the animal and be positioned or affixed to prevent spills.
(4)
Exceptions shall be determined by veterinary consultation or professionally accepted practices for the safety and well-being of the animal.
Proper veterinary care means providing each animal with veterinary care sufficient to prevent unnecessary suffering by the animal.
Veterinarian means any duly Louisiana licensed veterinary practitioner.
(Ord. No. 03-2014-01, 3-10-14)
Sec 4-2. Cruelty to animals.
Any person who intentionally or with criminal negligence commits any of the following shall be guilty of simple cruelty to animals:
(1)
Overworks a living animal.
(2)
Torments, cruelly beats, or unjustifiably injures any living animal, whether belonging to himself or another.
(3)
Having charge, custody or possession of any animal, either as owner or otherwise, unjustifiably fails to provide it with proper food, proper water, proper shelter, or proper veterinary care.
(4)
Abandons any animal: Only residents of the City of Walker, with a current photo I.D., may deliver an animal found running at large, within the city limits, to the animal control shelter. The delivery of an animal must be made during animal control's normal hours of operation. a person shall be considered to have abandoned an animal found running at large if he delivers, drops off, or leaves behind the animal at the animal control shelter at any time which is not within the normal hours of operation or at any time when the animal control shelter is closed to the public.
(5)
Impounds or confines or cause 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 water, and proper shelter.
(6)
Unjustifiably administers any poison 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.
(7)
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.
(8)
Causes or procures to be done by any person any act enumerated in this
section 4-2
(9)
Any animal found to be abandoned for over twenty-four (24) hours shall be seized, impounded and kept for five (5) days by the animal control shelter. If owner does not claim within five (5) days, the animal will be forfeited to the animal control shelter. A warning notice will be left at the residence to notify the owner of the whereabouts of his animal and be subject to additional fines.
(10)
Whoever commits the crime of simple cruelty to animals shall be punished in accordance with
section 1-8. In addition to any other penalty imposed, the court may issue an order prohibiting the defendant from owning or keeping animals for a period of time deemed appropriate by the court.
State law reference— Similar provisions, R.S. 14:102.
Sec. 4-3. Livestock and fowl.
(a)
It shall be unlawful for any person to drive livestock through the streets of the city.
(b)
It shall be unlawful for any person to tie or anchor livestock or any other domestic animal for grazing or such like purposes, or to drive, ride or otherwise cause any livestock upon or across any grass lawns or parks of the city.
(c)
It shall be unlawful for any person to knowingly bring into the city any animal affected with any infectious or contagious disease.
(d)
It shall be unlawful for any person within the city to keep, possess or maintain any livestock or fowl on any parcel of land within the corporate limits of the city unless such parcel of land shall have a minimum of one (1) acre plus a minimum of one-half (½) acre for each additional livestock unit.
(e)
No livestock or fowl shall cause a nuisance to any resident in the city.
(f)
The restrictions as set forth in subsection
4-3(d) shall not apply, provided livestock remain on or about their premises as noted below:
(1)
In a building or structure such as a stable, barn, shed or pen having a minimum of one hundred (100) feet, measured in a straight line, from the nearest point of a neighboring structure used for human habitation, other than that of the owner, as a residence, restaurant, cafe or other public eating place or church, school or hospital;
(2)
In a fenced area, the perimeter having a minimum of one hundred (100) feet measured in a straight line from the nearest point of a neighboring structure used for human habitation, other than that of the owner, as a residence, restaurant, cafe or other public eating place or church, school or hospital; and
(3)
The provisions of this section shall apply only upon the receipt of a complaint in writing by the animal control director.
(g)
The provisions of subsections
4-3(d) and
4-3(f) notwithstanding, such restrictions therein provided may be waived if a petition is submitted by any property owner requesting permission to keep livestock, which petition has been signed by at least fifty-one (51) percent of the property owners within a three-hundred-foot radius of the location of the property.
(h)
It shall be unlawful for any livestock or fowl of any kind to run, roam or be at large or on any of the public highways, commons or lands, either public or private, other than lands of the owner of such animals, within the limits of the city.
(i)
Any livestock found running at large in violation of the provisions of this article shall be taken up by the animal control director or his agents, police or other agents of the city and impounded.
(j)
When any livestock or fowl is impounded under the provisions of subsection
4-3(i) a warning notice will be left at the residence/property to notify the owner of the whereabouts of the animal.
(k)
Any livestock impounded shall be released to the owner only upon payment by the owner of an impounding fee of two hundred dollars ($200.00) and a per day maintenance charge per head as fixed by the animal control director but not to exceed twenty dollars ($20.00) per day.
(l)
Should the owner of any impounded livestock or fowl fail to appear and claim such livestock or fowl and pay the penalty and fees, the city clerk, at the expiration of seven (7) days, shall advertise one time the impounded livestock or fowl for sale at public auction. The livestock or fowl shall become property of the city.
State law reference— Livestock at large upon public highways, R.S. 3:2803; R.S. 3:3003; impounding stock running at large, R.S. 3:2804; municipalities authorized to impound animals at large, R.S. 3:2531; R.S. 3:3003; sales of unclaimed livestock, R.S. 3:2806.
(Ord. No. 03-2014-01, 3-10-14)
Sec. 4-4. Penalty for violating section 4-3.
(1)
Any person violating the provisions of
section 4-3, or who shall hinder, molest or interfere with any officer or agent of the city in the performance of any duty provided for by this article shall, upon conviction, be punished in accordance with
section 1-8 of this Code.
(2)
Each animal that shall run or otherwise be at large in violation of subsection
4-3 shall constitute a separate offense by the owner of such animal.
(Ord. No. 03-2014-01, 3-10-14)
Any person who violates any provision of Article I or who shall hinder, molest, or interfere shall be deemed guilty of a misdemeanor, and upon conviction by a court of competent jurisdiction, shall be subject to punishment as provided in
section 1-8.1 of this Code.
(Ord. No. 03-2014-01, 3-10-14)
