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Baton Rouge, East Baton Rouge Parish, Louisiana, Code of Ordinances >> Title 14 - ANIMALS >> CHAPTER 2. - KEEPING OF DOMESTICATED ANIMALS >> PART II. - LIVESTOCK RAISING AND KEEPING RESTRICTED >>
PART II. - LIVESTOCK RAISING AND KEEPING RESTRICTED
Sec. 14:220. - Movement of animals.
Sec. 14:221. - Livestock prohibited.
Sec. 14:222. - Livestock at large prohibited.
Sec. 14:223. - Penalty.
Sec. 14:224. - Chickens, other fowls, and birds.
Sec. 14:225. - Penalties.
Sec. 14:220. - Movement of animals.
(a)
It shall be unlawful for any person to drive livestock through the streets of the city-parish.
(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 to be manned any livestock upon or across any grass lawns, golf grounds or parks of the city-parish.
(c)
It shall be unlawful for any person to knowingly bring into the city-parish any animal affected with any infectious or contagious disease.
(Ord. No. 9634 § 1, 5-26-93)
Sec. 14:221. - Livestock prohibited.
(a)
It shall be unlawful for any person to keep, possess or maintain any livestock unit on any parcel of land unless such parcel of land shall have a minimum of one (1) acre for the first livestock animal plus a minimum of one-half acre for each additional livestock animal within the city and/or in recognized subdivisions in the parish.
(b)
No livestock shall cause a nuisance to any resident in the parish.
(c)
The restrictions as set forth in subsection (a) 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 being 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, such as a residence, public eating place, church, school or hospital.
(2)
In a fenced area, the perimeter being 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, such as a residence, public eating place, church, school or hospital.
(d)
The provisions of subsections (a) and (b) notwithstanding, such restriction may be waived if a petition is submitted by any property owner requesting permission to keep livestock, which petition has been signed by more than fifty (50) percent of the property owners within a three hundred (300) feet radius of the location of the property.
(e)
This section shall only apply upon receipt of a written letter of complaint, including the complainant's name, address and telephone number.
(Ord. No. 9634 § 1, 5-26-93; Ord. No. 9766, § 7, 11-24-93; Ord. No. 10264, §§ 1, 2, 4-26-95)
Sec. 14:222. - Livestock at large prohibited.
(a)
It shall be unlawful for any livestock thereof to run, roam, or be at large or on any of the public highways, commons or lands, either public or private, within the limits of the city-parish. The owner or keeper is liable for any damages caused by such animals. Staked or secured animals shall not be permitted to reach any road or highway or cause any danger or obstruction.
(b)
The animal control center, or any other law enforcement officer, may seize and impound all and any livestock found at large in the parish, using all manners and means necessary.
(c)
Impounded animals shall be held for six (6) days and the owner notified of impoundment within twenty-four (24) hours by letter or warning notice. If not redeemed in six (6) days, the animal shall be sold. The provisions of chapter 6, "Disposition of Seized Animals," shall also apply.
(d)
If the owner is unknown, an advertisement in a newspaper of general circulation shall set forth the following information.
(1)
The name and address of the impounding organization.
(2)
Species, sex, size, marks, brands, color, and approximate age of animal.
(3)
Date, time and location of impoundment.
(4)
Applicable fines and fees.
(5)
The holding period on the animals and the fact that the animal will be sold if not claimed.
(6)
That the person claiming ownership must appear in person to prove claims of ownership.
(e)
If, after advertisement in the newspaper, the owner does not appear by the time specified, the animal control center shall proceed to sell the animal at public auction to the highest bidder.
(f)
Each day a violation of this section is continued shall be deemed a separate violation.
(Ord. No. 9634 § 1, 5-26-93; Ord. No. 9766, § 8, 11-24-93)
Sec. 14:223. - Penalty.
(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 two hundred dollars ($200.00) or imprisoned for not more than sixty (60) days, or both fined and imprisoned, in the discretion of the court.
(b)
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.
(c)
Each animal that shall run or otherwise be at large in violation of section 14:222 shall constitute a separate offense by the owner of such animal.
(d)
The owner shall pay any other incidental costs associated with the animal being at large or impounded, including the costs of containing and impounding the animal.
(e)
Any livestock which is severely injured at the time of impoundment may, at the discretion of the supervisor or director, be destroyed in a humane manner immediately and without waiting the prescribed six (6) days if the owner is unknown or unavailable. This action may be taken if, in the opinion of the supervisor or director, the livestock's condition is such that imminent destruction is necessary, as a humane gesture, and for the protection of other livestock or animals or humans with which the livestock may have come into contact. Any animal so destroyed may be disposed of at the discretion of the animal control center. The supervisor may authorize a law enforcement officer to euthanize said animal.
(f)
Fees and fines, per animal, running at large:
First offense $ 40.00
Second offense 60.00
Third offense 120.00
Per day boarding 8.00
(Ord. No. 9634 § 1, 5-26-93; Ord. No. 9766, § 9, 11-24-93; Ord. No. 13097, § 5, 10-27-04)
Sec. 14:224. - Chickens, other fowls, and birds.
(a)
The keeping of more than three (3) chickens within a recognized residential subdivision on a lot of less than one (1) acre is prohibited.
(b)
The keeping of roosters, geese, guinea fowl, ducks, turkeys, or peacocks is similarly prohibited in recognized residential subdivisions on lots of two (2) acres or less.
(c)
(1) Any chicken or other fowl or avian kept in a residential subdivision shall be maintained as follows.
a.
All chickens, or other fowl, or avians shall be confined to the owner's property at all times.
b.
Pens, coops, flight cages, or other enclosures shall be located a minimum of ten (10) feet from the nearest property line and minimum of fifty (50) feet from any residence other than that of the owner.
c.
All enclosures shall be cleaned regularly to prevent an accumulation of food, fecal matter, or nesting material from creating a nuisance or unsanitary condition due to odor, vermin, debris, or decay.
d.
Appropriate food, water, shelter and housing shall be provided to meet the requirements of the particular fowl or avian in question.
(2)
No fowl or bird shall cause a nuisance. Owners of fowl or birds will be held responsible and liable for any damages they cause in the parish.
(d)
The provisions of this section shall apply upon receipt of written and signed complaint by the director of animal control. When a violation is determined to exist, the owner or keeper shall be ordered to correct the violation within seventy-two (72) hours of receiving such notice. Failure to correct the violation may result in the owner or keeper being issued a summons to appear in court for the violation(s). Each day a violation of this section is continued shall be deemed a separate violation.
(e)
Registered Four-H and Future Farmers of America (F.F.A.) club members may be allowed to keep fowl otherwise prohibited in this section provided that they:
(1)
Meet all provisions of subsection (c)(1)c and d; and
(2)
Obtain prior written approval and permission from all adjoining property owners or residents and file such approvals with Four-H or F.F.A. club supervisors or agents.
(f)
Properly licensed raptor owners shall be exempted from this section provided that they meet all provisions of subsection (c)(1)c and d.
(Ord. No. 9634 § 1, 5-26-93; Ord. No. 9766, § 10, 11-24-93)
Sec. 14:225. - 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 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)
