ok. I know you are checking and I am looking for it now. When I find something, I will post it for you. I will be up for a while anyway.
Thanks, awhile back a friend of mine and I sat a the computer for hours at work trying to find something and we never could. Then I just kinda forgot about it. Was talking to someone at the game tonight and she was telling me how a neighbor called the SO and told them she killed their dog. They questioned her and basically she told them to prove it. But while talking she also told them how the dog has killed their chickens and even showed pictures of it in action and she said they basically told her it didn't matter what the dog did. This is my own office I work for so if something ever happened I want somethingin writing I can fight back with.
Sec. 14:208. - Potentially dangerous dog, dangerous dog, vicious dog.
(a)
Level 1 - Potentially Dangerous Dog:
(1)
A dog may be classified as "potentially dangerous" if such dog constitutes a menace to public health or safety. In order for a dog to be classified as "potentially dangerous," one (1) of the following incidents shall occur:
a.
Said dog has killed or injured a domestic animal without provocation while such dog is at large.
b.
Any dog's behavior, while on or off the dog owner's property, which constitutes a substantial threat of bodily harm to a person when such person is conducting himself peacefully and lawfully.
c.
An attack occurs which results in injury to a person or a dog bites a person when such person is conducting himself or herself peacefully and lawfully.
d.
A dog which on two (2) separate occasions within a twelve-month period has been observed at large, on or off the owner's property, or has been impounded at least one (1) prior occasion for being at large.
e.
An animal that, in the opinion of the animal control center, constitutes a threat to public health or safety.
f.
An employee of the animal control center or a law enforcement officer recommends declaration as "potentially dangerous."
(2)
A dog will not be classified as "potentially dangerous" if the threat, injury or damage was sustained by a person who, at the time, was unlawfully on the property with the intent to commit a crime or tort upon the premises occupied by the owner of the dog, or was tormenting, abusing, or assaulting the dog or if the dog was defending or protecting its owner from unjustified attack or assault, or was protecting or defending its young or other animals from harm or attack.
(3)
The animal control center may investigate reported incidents involving dogs that may be "potentially dangerous." Upon such investigation, if the animal control center finds the dog to constitute a menace to public health or safety, such dog shall then be classified as "potentially dangerous." The owner shall receive written notification of the animal control center's classification of the animal. The classification of "potentially dangerous" shall be added to registration records of the dog.
(4)
The owner of a dog that has been classified as "potentially dangerous" shall take whatever measures are necessary to confine or restrain such animal to prevent any future incidents from occurring that constitute a menace to public health or safety.
(5)
A citation may be issued to the owner of any potentially dangerous dog alleged to be in violation of this part. The investigating officer may issue such citation upon the receipt of one (1) sworn affidavit of complaint. Said affidavit shall specify the address or location of the alleged violation, the nature, time and date(s) of the act, the name and address of the owner, if known, and a description of the animal.
(6)
Any dog that has been declared "potentially dangerous" shall be micro-chipped at the owner's sole expense. Any dog already tattooed prior to the enactment of the micro-chip requirement of this section need not have a micro-chip implanted or be re-tattooed if the existing tattoo is legible and can properly identify the dog. The micro-chip or tattoo number shall be reported to the animal control center for entry into the owner's record within fourteen (14) days of the dog being declared "potentially dangerous."
(b)
Level 2 - Dangerous Dog:
(1)
A dog may be classified as "Dangerous" under any of the following circumstances:
a.
If the dog has attacked, caused serious injury or otherwise endangered the safety of human beings, or has a known propensity, tendency, or disposition to attack, to cause serious injury or to otherwise endanger the safety of a person who is conducting himself or herself peacefully and lawfully.
b.
If the dog has attacked, caused serious injury or death to a domestic animal.
c.
If the dog has previously been classified as "Potentially Dangerous," and one (1) additional but separate incident has occurred as set forth in subsection (a), level 1.
d.
If the dog has been owned or kept primarily or in part for the purpose of dog fighting.
e.
If the dog has upon recommendation by a law enforcement agency or an employee of the animal control center.
(2)
A dog will not be classified as "Dangerous" if the threat, injury or damage was sustained by a person who, at the time, was unlawfully on the property with the intent to commit a crime or tort upon the premises occupied by the owner of the dog, or was tormenting, abusing, or assaulting the dog or if the dog was defending or protecting its owner from unjustified attack or assault, or was protecting or defending its young or other animals from harm or attack.
(3)
The animal control center may investigate reported incidents involving dogs that may be "dangerous." Upon such investigation, if the animal control center finds the dog to constitute a "dangerous dog" as defined in this section, said dog shall be impounded and so classified. The owner shall receive written notification of the animal control center's classification of the dog. Said notification shall include the procedure for appeal. The classification of "dangerous" shall be added to the registration records of the dog.
(4)
The owner of a dog that has been classified as dangerous shall abide by the following mandates within thirty (30) days after the dog has been so classified:
a.
A "dangerous" dog tag supplied by the animal control center shall be purchased annually and affixed to the dog's collar to be worn at all times.
b.
A micro-chip shall be obtained at the owner's expense for each dog that has been classified as "dangerous."
c.
The owner shall immediately notify the animal control center when a "dangerous" dog:
1.
Is loose or unconfined;
2.
Has bitten a human being or attacked another animal;
3.
Was sold, given away, or died; or
4.
Has moved to another address.
Prior to a dangerous dog being sold or given away, the owner shall provide the name, address, and phone number of the new owner to the animal control center. Each owner shall execute a document to be supplied by the animal control center, acknowledging that said owner is aware of the "Dangerous" dog classification, and that said owner shall comply with the requirements of this title.
d.
A dangerous dog must be securely confined indoors or in a securely enclosed and locked pen or structure, suitable to prevent the dog from coming into contact with either a human being other than the owner or any other animal, and designed to prevent the animal from escaping. The pen or structure must have minimum dimensions of four (4) feet by ten (10) feet. Such pen shall have secure sides and a secure top to prevent the dog from escaping over, under, or through the structure. The enclosures shall provide a humane existence for the dog and protection from the elements. The pen shall meet all of the requirements of a dog pen and the pen sides shall be embedded securely in concrete.
e.
The owner shall prominently display a sign to be provided by the animal control center at the owner's expense on his premises at all entry points warning that there is a dangerous dog on the property.
f.
A dangerous dog may be off the owner's premises or out of its enclosure only if it is muzzled and restrained by a substantial chain or leash not exceeding four (4) feet in length and under the control of an able-bodied person. The 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.
g.
The animal control center, in its discretion, may require a dangerous dog to be spayed or neutered.
h.
The animal control center, in the exercise of its discretion, shall have the authority to make whatever inspections are deemed necessary to ensure that the provisions recited herein are complied with.
i.
A dangerous dog shall not be used as a guard dog.
j.
An owner of a dangerous dog shall have the option to have said dog humanely euthanized at his expense by the animal control center or licensed veterinarian if said owner is unable to comply with the requirements recited herein.
k.
It shall be unlawful for any person to keep, harbor or possess a dangerous animal on a porch, patio or in any part of a house or building that would allow the animal to exit or escape on its own volition. Screened windows or screened doors alone are considered inadequate.
l.
The animal control center shall have the right to inspect the premises of dangerous animals' enclosures to ensure compliance with this part.
m.
The owner or keeper shall sign a hold-harmless and indemnification clause in favor of the city-parish.
n.
The owning, keeping or harboring of a dangerous animal in violation of this title is deemed a public nuisance.
o.
If the animal control center reasonably believes that an owner cannot or will not abide by the above requirements, a seizure warrant may be requested, pending final disposition of the case.
(5)
A "dangerous dog" that is impounded for any violation of this section, may be reclassified as a "vicious dog."
(6)
Appeal process:
a.
The owner of a dog that has been classified as "dangerous" may appeal this classification to the animal classification appeals committee within the ten-day period after the animal control center so classifies said dog. A notice of appeal must be filed with the director of the animal control center within ten (10) days of the receipt of notice of classification. The director shall then notify the animal classification appeals committee.
b.
The appeal must be heard by the animal classification appeals committee within thirty (30) days after the owner has submitted a notice of appeal.
c.
The classification of a dog as "dangerous" shall be revoked only by a majority vote of the animal classification appeals committee.
d.
All decisions by the animal classifications committee shall be final and binding, unless an appeal is made to a court of competent jurisdiction. Notification of said appeal must be received by the animal control center within ten (10) days of the animal classifications appeal committee upholding the decision to classify the dog as "dangerous".
Should an injunction be received within the ten-day period, then the owner will be responsible for payment of all boarding costs and other fees as may be required to humanely and safely keep the animal at the animal control center through the court appeal process.
e.
All decisions by the animal classification appeals committee shall be final and binding.
(c)
Level 3 - Vicious Dog:
(1)
A dog may be classified as "vicious" if said dog has:
a.
Attacked and caused severe and gross injuries or death to a human being; or
b.
Previously been classified as "dangerous" or "potentially dangerous" and an incident has occurred as set forth in subsection (a), or (b).
(2)
A dog will not be classified as "vicious" if the threat, injury or damage was sustained by a person who, at the time, was unlawfully on the property with the intent to commit a crime or tort upon the premises occupied by the owner of the dog, or was tormenting, abusing, or assaulting the dog or if the dog was defending or protecting its owner from unjustified attack or assault, or was protecting or defending its young or other animals from harm or attack.
(3)
The animal control center may investigate reported incidents involving dogs that may be vicious. Upon such investigation, if the animal control center finds the dog to constitute a vicious dog as defined in this title, said dog shall be so classified. The owner shall receive written notification of the animal control center's classification of the animal. Said notification shall include the procedure for appeal. The classification of "vicious" shall be added to the registration records of the dog.
(4)
Any dog that has been classified as "vicious" shall be impounded by the animal control center. The animal will be kept at the animal control center and placed in rabies quarantine, if necessary, for the proper length of time, or held for ten (10) days after the owner's receipt of notification, and then shall be euthanized unless the owner initiates an appeal procedure within this ten-day period.
(5)
Appeal process:
a.
The owner of a dog that has been classified as "vicious" may appeal this classification to the animal classification appeals committee within the ten-day period after the animal control center impounds such dog.
b.
The animal will remain impounded at the animal control center until such time as the animal review committee hears and decides the appeal of the owner. The appeal must be heard by the animal classification appeals committee within ten (10) days after the owner has submitted a notice of appeal.
c.
The classification of a dog as "vicious" shall be revoked only by a majority vote of the animal classification appeals committee. If the committee does not revoke the "vicious dog" classification, the dog will be kept an additional ten (10) days and then be humanely euthanized at the expense of the owner by the animal control center. If the committee revokes the "vicious" dog classification, such dog shall then be classified as "dangerous"; and its owner shall be required to comply with subsection (b) of this section. The committee shall provide the owner with written notice of its decision by mailing same to the dog's owner at his last known address.
d.
The owner will be responsible for payment of all boarding costs and other fees as may be required to humanely and safely keep the animal at the animal control center through the appeals process.
e.
Written notice is prescribed in paragraph c above in order to give the owner of a dog classified as "vicious" time to apply to a court of competent jurisdiction for any remedies which may be available. Should the owner of a dog that has been classified as "vicious" wish to appeal the decision of the animal classification appeals committee to uphold the "vicious" classification, then a court injunction must be obtained within ten (10) days of said decision in order to delay the euthanasia of such dog. Should an injunction be obtained, the owner will be responsible for payment of all boarding costs and other fees as may be required to humanely and safely keep the animal at the animal control center through the court appeal process. Applicable fees shall be paid in advance.
(Ord. No. 9634 § 1, 5-26-93; Ord. No. 14203, §§ 57, 10-24-07)
Sec. 14:209. - Animal classification appeals committee.
(a)
The city-parish metropolitan council shall appoint a three-member animal classification appeals committee which in its judgment shall fairly represent the animal control center, animal owners, and citizens of the parish. The committee shall make decisions relating to appeals that have been initiated concerning dangerous dogs and vicious dogs.
(b)
The animal classification appeals committee shall be appointed from nominations submitted to the city-parish metropolitan council. One (1) member shall be a licensed Louisiana veterinarian, one (1) member shall be a commissioned law enforcement officer, and one (1) member shall be a member of a private animal welfare society. All members must be residents of the parish.
(Ord. No. 9634 § 1, 5-26-93)
Sec. 14:210. - Liability insurance, liability bond, property surety bond for dangerous dogs.
(a)
The owner or keeper shall present to the director of the animal control center proof that the owner or keeper has procured liability insurance in the amount of at least one hundred thousand dollars ($100,000.00), covering any damage or injury which may be caused by such dangerous dog during the twelve-month period for which licensing is sought, which policy shall contain a provision requiring the city-parish to be named as an additional insured and the city-parish shall be notified by the owner or keeper of any cancellation, termination or expiration of the liability insurance policy. In lieu of the above insurance requirement, the owner or keeper may procure a dangerous dog liability bond as defined by subsection (b) hereof, or property surety bond as set forth in subsection (c).
(b)
Dangerous dog liability bond means a bond conditioned:
(1)
That the obligor shall, within thirty (30) days after the rendition thereof, satisfy:
a.
(i)
All judgments rendered against him or against any person responsible for actions of the dog in actions to recover damages for property damage or for bodily injuries, including death at any time resulting therefrom; and
(ii)
Judgments rendered as aforesaid for consequential damages consisting of expenses incurred by a husband, wife, parent, or tutor for medical, nursing, hospital, or surgical services in connection with or on account of such bodily injuries or death sustained during the term of the bond by any person; and
b.
Arising out of the ownership, control or use of said dangerous dog.
(2)
To the amount of not less than one hundred thousand dollars ($100,000.00) for damages to the property of others and/or on account of injury to or death of any person.
(c)
In the discretion of the animal control center, if an owner can adequately demonstrate current equitable value or ownership of property of at least one hundred thousand dollars ($100,000.00), then a surety bond may serve in lieu of liability insurance.
(Ord. No. 9634 § 1, 5-26-93; Ord. No. 14203, §§ 8, 9, 10-24-07)
Sec. 14:211. - Guard dogs.
Guard dogs must be kept within a structure or a fenced enclosure at all times, and any guard dog found at large may be processed as a "potentially dangerous" or "dangerous" dog pursuant to the provisions of this title. Any premises guarded by a guard dog shall be prominently posted with a sign containing the wording "guard dog" or words of similar import. It shall be the owner's responsibility to immediately notify the animal control center when a guard dog has escaped and is running at large.
(Ord. No. 9634 § 1, 5-26-93)
Sec. 14:212. - Dog and cat bite cases.
(a)
Dog and Cat Bite Case in General:
(1)
The breaking of the skin of a human being by a dog or cat shall be considered a bite case; except that if a dog or cat which is currently vaccinated and licensed scratches a human being, that animal shall not be required to be held for observation. All unvaccinated dog or cat scratch cases shall be held for observation. Stray dogs or cats may be sacrificed for testing or held for ten (10) days' observation.
(2)
All bite cases shall be reported to the animal control center or to the Baton Rouge Police Department or East Baton Rouge Parish Sheriff's Office as soon as possible and in no case more than twenty-four (24) hours after such bite. It shall be the responsibility of the owner of the animal and/or the person bitten to report such fact to the proper authorities as stated above.
(3)
Any dog or cat that has bitten a human shall be impounded at the animal control center or licensed veterinarian of the owner's choice in the for a period of not less than ten (10) days from the date of the bite.
(4)
Any dog or cat which is suspected of being rabid may be destroyed and its head shall be submitted for proper testing at a suitable facility or may be held for ten (10) days rabies observation at a licensed veterinarian or at the animal control center.
(5)
No animal shall be held for ten (10) days' rabies observation outside of the without the prior approval of the director of the animal control center.
(6)
Any dog or cat in violation of this title at the time of the bite shall be cause for said animal to be impounded and taken to the animal control center. After any applicable fees or fines are paid in cash, the animal may then be transferred to a veterinarian by an agent of the animal control center for the remainder of the ten-day period.
(7)
In the event of extenuating circumstances, an animal control officer may permit the owner to produce proof, within twenty-four (24) hours of the bite, that the animal was currently licensed and vaccinated and not at large at the time of the bite, before requiring that the animal be delivered to a licensed veterinarian in the parish.
(8)
No animal shall be returned to the owner prior to the expiration of the ten-day observation period.
(9)
The day of the bite shall be considered day one (1) of the observation period.
(10)
All animals shall be released by a licensed veterinarian after the ten-day observation period, either at the animal control center or within twenty-four (24) hours after being redeemed by the owner. Results of the post-rabies observation examination and the name and location of the attending veterinarian shall be reported to the animal control center within twenty-four (24) hours after redemption, or the end of the ten-day rabies observation period.
(11)
Animals shall be redeemed by the owner within twenty-four (24) hours after the ten-day observation period is finished. Failure to redeem animals within this time period shall be cause for the animal control center to dispose of said animal as they would then be considered abandoned and shall be property of the animal control center.
(12)
Stray animals shall be disposed of after the expiration of the ten-day observation period or may be sacrificed for testing at the discretion of the animal control center.
(13)
All animals which have broken the skin of a human being and are found dead are to be immediately impounded and their heads sent to the parish health agency or appropriate facility for rabies examination.
(14)
When an animal, not otherwise in violation of this title and upon being provoked, breaks the skin of a human being, there will be no fees applicable if the animal is held for observation at the animal control center.
(b)
In-Home Rabies Observation:
(1)
The animal control center may consider in-home ten (10) days' rabies observation only if the following criteria are met:
a.
The owner of the animal agrees to the in-home observation and signs a form recognizing such agreement.
b.
The animal was in full compliance with the requirements under sections 14:200 and 14:201 at the time of the bite.
c.
The animal was not at large at the time of the bite.
d.
The owner signs an indemnity clause holding the animal control center and city-parish harmless from any and all liability which might arise while the animal is undergoing in-home observation.
e.
The animal control center may inspect the facilities at any time to determine compliance.
f.
The animal is secured on the property at all times during observation in a room, pen, or other structure to prevent escape and contact with other animals or humans other than the owner.
g.
Animals shall be examined by a licensed veterinarian within twenty-four (24) hours after the end of the observation period, and the animal control center shall be notified of release within twenty-four (24) hours thereof.
h.
The animal control center shall be notified within twenty-four (24) hours if the animal dies, escapes or becomes ill during the observation period.
i.
If the animal control center observes any violation of this exception, the animal shall then be seized and taken to the animal control center or a licensed veterinary facility; and the owner may be issued a summons for violation of this part.
(2)
All law enforcement agencies are exempt from this requirement. Vaccination status of all K-9 or enforcement dogs shall be retained by the agency involved.
(Ord. No. 9634 § 1, 5-26-93; Ord. No. 9766, §§ 5, 6, 11-24-93)
Sec. 14:213. - Dog fighting.
(a)
No person shall intentionally do any of the following:
(1)
For amusement or gain, cause, allow, engage or make any dog fight with another dog or cause any dogs to injure each other.
(2)
Permit any act in violation of this part to be done on any premises under his charge or control, or aid or abet any such act.
(3)
Promote, stage, advertise, or be employed at a dog fighting exhibition.
(4)
Sell a ticket of admission or receive money for the admission of any person to any place used, or about to be used, for any activity described in paragraph (2).
(5)
Own, manage, or operate any facility kept or used for the purpose of dogfight.
(6)
Own or train a dog with the intent that the dog be used in an exhibition of dog fighting.
(7)
Attend as a spectator, observer, attender or witness an exhibition of dog fighting.
(8)
Bait, attack with violence, provoke or harass an animal with one (1) or more animals for the purpose of training an animal for or to cause or allow an animal to engage in fights with or among other animals.
(b)
Seizure of Dogs and Equipment Used in Dog Fighting:
(1)
Any law enforcement officer may lawfully take possession of all dogs and all paraphernalia, implements, equipment or other property or things used or employed in violation of this section. Such officer, after taking possession of such dogs, paraphernalia, implements, equipment or other property or things, shall file with the court of the parish within which the alleged violation occurred an affidavit stating therein the name of the person charged, a description of the property so taken, and the time and place of the taking thereof, together with the name of the person who claims to own such property, if known, and that the affiant has reason to believe and does believe, stating the ground of such belief, that the property so taken was used or employed in such violation. He shall thereupon deliver the property so taken to such court which shall, by order in writing, place such dogs, paraphernalia, implements, equipment or other property in the custody of a licensed veterinarian or other suitable custodian, to be kept by such custodian until the conviction or final discharge of the accused and shall send a copy of such order without delay to the appropriate prosecutor. The veterinarian or custodian so named and designated in such order shall immediately thereupon assume the custody of such property and shall retain the same, subject to the order of the court before which the accused shall be required to appear for trial. Upon the certification of a licensed veterinarian that, in his professional judgment, a dog which has been seized is not likely to survive the final disposition of the charges or that, by reasons of the physical or temperamental condition of the dog, it should be humanely euthanized before such time, the court may order the dog humanely euthanized. The owner of a dog which is euthanized without an order of the court with such certification of a licensed veterinarian shall have a right of action for damages against the department or agency by which the arresting or seizing officer is employed. Upon conviction of the person so charged, all dogs so seized shall be adjudged by the court to be forfeited and the court shall order a humane disposition of same. In the event of the acquittal or final discharge, without conviction, of the accused, the court shall, on demand, direct the delivery of the property so held in custody to the owner thereof. All reasonable expenses incurred by the veterinarian or other party as custodian of seized dogs and property shall be charged as costs of court.
(2)
In the event no owner claims or can prove ownership of the dog within ten (10) days after such custody begins, the agency or individual, may, at their discretion, humanely dispose of the dog in custody. No agency or individual acting under the provisions of this subsection shall be held liable for civil or criminal damages.
(Ord. No. 9634 § 1, 5-26-93)
Sec. 14:214. - Animal establishment permits.
(a)
No person shall operate an animal establishment without first obtaining a permit from the animal control center.
(b)
The animal control director may adopt animal establishment regulations such as those 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 91579) or revisions thereto, or statutes of the State of Louisiana, or may promulgate and use any such nutritional or environmental standards which may be considered applicable and standard husbandry practices by expert opinion or literature, or by such organizations as the American Veterinary Medical Association (AVMA), the Humane Society of the United States (organization), the American Association of Zoological Parks and Aquariums (AAZP&A), or a qualified veterinarian.
(c)
The animal control center will provide a copy of the standards adopted, as provided in subsection (b), to applicants with application for a permit. The applicant shall acknowledge receipt of the standards in the application.
(d)
The permit period shall begin on the day the permit application is approved by the director. All applications for renewal of a permit for the ensuing year shall be filed with the animal control center no later than the day of the annual inspection and a remittance therefor in cash, cashier's check or money order, in the proper amount as set forth hereinafter, payable to the animal control center.
(e)
Any person who maintains or operates an animal establishment shall pay an annual permit fee as provided hereinafter. If any person shall own or operate more than one (1) facility, he shall be required to have a permit for each facility.
(f)
The annual permit fee shall be one hundred dollars ($100.00).
(Ord. No. 9634 § 1, 5-26-93; Ord. No. 13097, § 4, 10-27-04)
Sec. 14:215. - Issuance and revocation of animal establishment permits.
(a)
The director shall appoint a committee, known as the animal establishments committee, of not less than three (3) persons, consisting of a licensed veterinarian, the director of the animal control center, and a resident of the parish. This committee shall be required to conduct all inspections of animal establishments, and the animal control center shall issue permits in compliance with this part and revoke permits for establishments not in compliance with this part.
(b)
The animal control center and the animal establishments committee shall have the right of entry, at reasonable hours, on premises affected by this title and into all areas where animals are kept and maintained, for inspection to ascertain if the permittee is in compliance with the standards as set forth in section 14:214. Failure of the owner to comply with the standards as stated therein shall be cause for the revocation of the permit and/or a misdemeanor summons to be issued.
(c)
If the animal control center and/or the animal establishments committee, after inspection, determines that the permittee is in violation of this part, it shall advise the permittee in writing of the violations and shall further inform the permittee that its failure to comply with the standards as provided in section 14:214 shall be cause for the removal of animals from such premises or areas and/or a misdemeanor summons may be issued. The animal control center shall give the permittee fourteen (14) days from receipt of the written notice to comply with the standards. Extended periods may be granted for good cause shown. If it shall be necessary for the animal control center to remove or cause to be removed any animals as provided herein, it shall return the animals to the permittee upon compliance with this part. The permittee shall compensate the animal control center or boarder at the daily rate per animal.
(d)
Any person aggrieved by the decision of the animal establishments committee or the animal control center regarding violations of this part and its decision to suspend or revoke the permit upon the failure of the permittee to comply with this part, may take an appeal to a court of competent jurisdiction with fifteen (15) days of receipt of written notification. The decision of the animal control center and/or the animal establishments committee shall be final unless appealed within the time and in the manner as set forth above.
(e)
If an applicant is shown to have withheld or falsified any material information on his application, the animal control center may refuse to issue a permit or license or may revoke a permit or license.
(f)
A person denied a permit may not reapply for a permit until after a period of thirty (30) days has elapsed. Each application shall disclose any previous denial or revocation and shall be accompanied by a fee as set forth in this part.
(g)
The animal establishment permit shall be displayed in a conspicuous place, so as to be plainly visible to any member of the general public.
(h)
Any animal establishment selling avians, reptiles, amphibians, rodents, rabbits or other small animals must make a substantial effort to educate the prospective owner on the environmental and dietary requirements of each species being considered. Written materials regarding environmental and dietary requirements of said species and general counseling shall be considered as adequate educational tools.
(i)
No pet shop or animal establishment may sell a wild or exotic animal as defined in this title. Any pet shop or animal establishment that sells avians, reptiles, amphibians, rodents, rabbits or other small mammals shall post a sign in a conspicuous place and manner and in plain view of the general public, supplied by the animal control center stating:
"All living creatures have specific dietary and environmental needs. The East Baton Rouge Parish Animal Control Center recommends consultation with the seller and careful evaluation of an owner's responsibilities towards these animals prior to purchase."
(j)
No turtle with a carapace of less that four (4) inches may be offered for sale by any animal establishment.
(k)
The sale, ownership or possession of poisonous snakes in the parish, except by an institution of higher education, zoo, or governmental agency is prohibited.
(l)
The sale, possession or ownership of any venomoid snakes in the parish, except by an institution of higher education, zoo, or governmental agency is prohibited.
(m)
The animal control director shall be empowered to inspect and issue temporary permits that shall be valid, unless revoked, until the annual inspection occurs.
(n)
It shall be unlawful for any animal establishment to offer for sale or trade any animal that is known or suspected to be ill, sick, injured, diseased or the carrier of a disease.
(o)
Animal establishments shall keep all sick, injured, or diseased animals in a separate area away from healthy animals until they become healthy or are destroyed.
(Ord. No. 9634 § 1, 5-26-93)
Sec. 14:215.1. - Prohibition on animal sales in restricted areas.
No person shall sell, exchange, barter, trade, lease, rent, give away or display any live animal on any roadside, public right-of-way, parkway, median, park, playground, swimming pool, or other recreational area, flea market, commercial or retail parking lot, or property adjacent to such locations, that is generally accessible to the public, regardless of whether such access is authorized or not.
Exception: This section shall not apply to humane societies, animal welfare groups, animal control agencies or non-profit organizations sponsoring animal adoption events.
Violation: Penalties for violation of this section are proscribed in section 14:218.
(Ord. No. 14499, § 1, 8-24-08)
Sec. 14:216. - Transportation of dogs and cats.
(a)
No dog or cat three (3) months of age or older shall be delivered by any out-of-state carrier of freight, express bus, motor car, or other public carrier into the city-parish unless there is a health certificate of a licensed veterinarian at the point of shipment accompanying the dog or cat showing that the dog or cat has been currently rabies inoculated within the previous twelve (12) months.
(b)
All dogs or cats less than three (3) months of age entering the city-parish by any out-of-state carrier must be accompanied by a health certificate signed by a veterinarian practicing at the place of origin.
(c)
No animal shall be moved, transferred or transported in a cruel or inhumane manner.
(Ord. No. 9634 § 1, 5-26-93)
Sec. 14:217. - Interference with enforcement.
(a)
It shall be unlawful for any person to knowingly hinder, resist or oppose any officer or employee of the animal control center in the performance of his duties.
(b)
It shall be unlawful for any person to knowingly interfere with or damage any animal trap owned or used by the animal control center or to molest or release an animal caught therein.
(Ord. No. 9634 § 1, 5-26-93)
Sec. 14:218. - Penalties.
(a)
Any person who violates any provisions of the sections of this chapter or who shall hinder or molest or interfere with any officer or agent of the animal control center in the performance of any duty provided for by this chapter shall, upon conviction by a court of competent jurisdiction, be deemed guilty of a misdemeanor and may be fined any amount up to five hundred dollars ($500.00) or imprisoned for not more than one hundred eighty (180) days, or both fined and imprisoned, in the discretion of the court.
(b)
The owner of a dog at large that severely bites, mauls, or disfigures any person shall, upon conviction by a court of competent jurisdiction, be deemed guilty of a misdemeanor and shall be fined no less than five hundred dollars ($500.00), or imprisoned for not more than thirty (30) days, or both fined and imprisoned, in the discretion of the court.
(c)
The animal control center, or its agents, may enforce any provision of this chapter by instituting a suit for injunctive relief and use of summary process, including all temporary restraining orders permitted by law.
(Ord. No. 9634 § 1, 5-26-93; Ord. No. 14203, § 10, 10-24-07)
Sec. 14:219. - Reserved.
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