2020-0342
INTRODUCED BY: MATTHEW JEWELL, PARISH PRESIDENT
(DEPARTMENT OF ANIMAL CONTROL)
ORDINANCE NO.
Title
An ordinance to amend the St. Charles Parish Code of Ordinances, Chapter 4, Animals and Fowl, Article I. In General, Section 4-1. Definitions., Section 4-6. Potentially dangerous, dangerous or vicious dogs., and Section 4-10. Keeping of animals not considered pets and keeping of exotic animals.
Body
WHEREAS, Animal Control has worked with the Parish President and Legal Department to modify a portion of Section 4 Animal Municode definitions, 4-6 and 4-10. These sections were last revised November 2019; and over the past year, there are areas that were elucidated, based on cases entering animal control, to benefit from a few more revisions; and,
WHEREAS, over the past year, there are areas that were elucidated, based on cases entering animal control, to benefit from additional revisions.
THE ST. CHARLES PARISH COUNCIL HEREBY ORDAINS:
SECTION I. That the St. Charles Parish Code of Ordinances, Chapter 4, Animals and Fowl, Article I. In General, Section 4-1. Definitions. be hereby amended with new text underlined and deleted text in strikethrough:
Sec. 4-1. Definitions.
Bully types: American bullies, American pit bull terriers, American Staffordshire terriers, Boxers, Bulldogs, Mastiffs, Staffordshire bull terriers and mixes thereof.
Provocation: Overt act(s) by a person, which would reasonably be expected to harass, irritate, or aggravate a dog to the point of aggression. This includes, but is not limited to, hitting or approaching a dog in a menacing fashion, but does not include any act by a person, reasonably seen by that person, as necessary to intervene to protect himself or another person or livestock or domestic animal or fowl. An unauthorized intruder or a wild or domestic animal shall be deemed to have provoked a dog by the act of entering the owner's dwelling or enclosed premises not normally accessible to the public.
SECTION II. That the St. Charles Parish Code of Ordinances, Chapter 4, Animals and Fowl, Article I. In General, Section 4-6. Potentially dangerous, dangerous or vicious dogs. be hereby amended with new text underlined and deleted text in strikethrough:
Sec. 4-6. Potentially dangerous, dangerous or vicious dogs.
(a) Determination of potentially dangerous or dangerous characteristics:
(1) Any dog may be deemed "potentially dangerous" if such the animal control supervisor finds the dog to constitutes a potentially dangerous dog and such dog constitutes a menace to public health or safety by committing any of the following acts:
c. The dog chases or approaches a person upon the streets, sidewalks, public grounds or property owned by a person other than the owner of the dog, in a terrorizing or menacing manner or apparent attitude of attack; or
e. A dog that, in the opinion of the animal control supervisor, constitutes a threat to public safety such that the animal control supervisor recommends a dog as "potentially dangerous".
(2) The animal control department supervisor may shall investigate reported incidents involving dogs that may be "potentially dangerous" and the owner shall receive written notification of the classification of the dog. shall send written notification of the animal control supervisor's classification of the animal by certified mail and the last known address of the dog's owner. The classification of "potentially dangerous" shall be added to the registration records of the dog.
(4) Proper handling of a potentially dangerous dog:
b. The dog can be off of the owner's property to be walked only if restrained by a leash, not to exceed six (6) feet, which prevents its escape or access to other persons. The dog cannot be tethered. The dog may not be allowed to be taken to public parks or private dog parks;
d. The dog must be spayed or neutered and micro-chipped, at the owner's expense, prior to being returned to the owner, unless it is certified as unfit for surgery with documentation provided by a Louisiana Licensed veterinarian with a specific diagnosis; or and
e. The dog may be evaluated by a board certified veterinary behaviorist, certified animal behaviorist or recognized expert and may successfully complete training and any other treatment deemed necessary at the owner's expense upon redemption.
f. A dog, previously determined to be a potentially dangerous dog, that is impounded for any violation of this section, may be reclassified as a dangerous dog.
(5) Any dog may be deemed "dangerous" if the animal control supervisor finds the dog to constitute a dangerous dog, as defined in this section, said dog shall be so classified if it commits any of the following acts under the following circumstances:
d. The dog is already classified as "potentially dangerous" and commits any of the acts enumerated in this section; or violates the potentially dangerous requirements.
e. An animal that, in the opinion of the animal control supervisor, constitutes a threat to public safety and recommended by the animal control supervisor to be as "dangerous”.
(6) Animal control may shall investigate reported incidents involving dogs that may be "dangerous." Upon such investigation, if the animal control supervisor 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 departments' 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.
(7) The owner of a dog that has been classified as dangerous shall abide by the following mandates within thirty (30) days after receipt of the dog's classification as dangerous:
c. Such enclosure shall be securely closed and locked at all times. The fence must may be required to have chain wall or cement sides to prevent said animal from digging its way under or out of the fenced area. The dog shall be penned in the proper enclosure at all times when the animal is not supervised within the owner's fenced property;
h. The dog may be required to be evaluated by a board certified veterinary behaviorist, certified animal behaviorist or recognized expert and may successfully complete training and any other treatment animal control deems necessary at the owner's expense, upon redemption;
i. The owner shall pay all boarding costs to animal control, while awaiting hearing. Payment for the rabies bite quarantine is required to be paid to animal control by day 11 of impound or the dog becomes property of animal control;
n. An owner of a dangerous dog shall may have said dog humanely euthanized after 10 day rabies quarantine, if applicable, at his expense by animal control or by a licensed veterinarian, if said owner is unable to comply with the requirements recited herein;
p. The owning, keeping or harboring of a dangerous animal in violation of this title is deemed a public nuisance and public safety risk and the animal may be seized;
(9) 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 classifies said dog:
a. A notice of appeal of the classification shall be filed with the animal control supervisor within ten (10) days of the receipt of notice of classification. The owner is responsible to payment of 30 days of boarding to animal control while awaiting the hearing. The supervisor shall then notify the animal classification appeals committee;
c. The classification of a dog as "dangerous", as defined in the above sections, shall be revoked only by a majority vote of the animal classification appeals committee. If the animal classification appeals committee revokes the "Dangerous" dog classification, such dog may then be reclassified by the committee as “Potentially Dangerous” or “Vicious” and its owner shall be required to comply with section 4-6. The committee shall provide the owner with written notice of its decision by mailing the decision to the dog owner's last known address. The owner will be granted an additional 30 days in which to comply with housing requirements of 4-6. If the owner is not in compliance within that time, the dog will be deemed abandoned and property of animal control;
d. All decisions made by the animal classification appeals committee shall be final and binding, unless an appeal is made to a court of competent jurisdiction. Notification of said appeal must be filed within ten (10) days after the animal classification appeal committee’s upholding the decision. to classify the said dog as "dangerous". Should a Temporary Restraining Order be received within the ten-day period, then the owner will also be responsible for payment of all boarding costs and other fees at that time as may be required to humanely and safely keep the animal at the shelter through the appeals process.
(b) Vicious dog:
(1) The animal control supervisor may shall deem a dog "vicious" if it commits any of the following acts:
b. Is already classified as a "dangerous" dog and commits any of the acts enumerated in section 4-6 <https://library.municode.com/la/st._charles_parish/codes/code_of_ordinances?nodeId=PTIIPACO_CH4ANFO_ARTIINGE_S4-6PODADAVIDO>(b)(1) (a) above.
(4) 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 classifies such dog:
b. The animal will remain impounded at animal control until such time as the animal appeals committee hears and decides the appeal of the owner. The animal classification appeals committee shall hear the appeal within ten (10) thirty (30) days after the owner has submitted notice of appeal.
d. The owner shall 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 through the appeals process. Payment for the rabies bite quarantine, if applicable, and 30 days of boarding for the hearing are required to be paid to animal control by day 11 of impound or the dog becomes property of animal control.
SECTION III. That the St. Charles Parish Code of Ordinances, Chapter 4, Animals and Fowl, Article I. In General, Section 4-10. Keeping of animals not considered pets and keeping of exotic animals. be hereby amended with new text underlined and deleted text in strikethrough:
Sec. 4-10. Keeping of animals not considered pets, and keeping of exotic animals. and bully breeds.
(c) Bully breed and bully breed mixes. All owners and/or custodians of bully breeds and bully breeds mixed with any other breed, which are over three (3) months of age within seven (7) days of being located within St. Charles Parish, Louisiana shall:
Any animal control Officer and/or Law Enforcement Officer, after duly identifying himself and his intent, may scan any dog that appears to meet the aforementioned criteria whether in the possession of an owner/custodian, at large or in a kennel, in order to check for registration and microchipping of the animal.
A bully type impounded due to violation of 4-4 and in compliance with 4-10 (c) (a)(b)(c), without a documented complaint or other violation, will receive a warning and be exempt from specific housing requirements of 4-10 (c)(2) for the first offense.
Any animal seized or found at large due to violation of subsections (c), for a second offense, violation or with a documented complaint, (d), and (e) shall be held no more than five (5) days, at the owner's expense, for necessary corrective actions to be satisfied. Should the requirements of sections 4-1 <https://library.municode.com/la/st._charles_parish/codes/code_of_ordinances?nodeId=PTIIPACO_CH4ANFO_ARTIINGE_S4-1DE>, 4-6 <https://library.municode.com/la/st._charles_parish/codes/code_of_ordinances?nodeId=PTIIPACO_CH4ANFO_ARTIINGE_S4-6PODADAVIDO>, 4-6.1 <https://library.municode.com/la/st._charles_parish/codes/code_of_ordinances?nodeId=PTIIPACO_CH4ANFO_ARTIINGE_S4-6.1ANCLAPCO>, 4-6.2 <https://library.municode.com/la/st._charles_parish/codes/code_of_ordinances?nodeId=PTIIPACO_CH4ANFO_ARTIINGE_S4-6.2LIINLIBOPRSUBODADO>, 4-7 <https://library.municode.com/la/st._charles_parish/codes/code_of_ordinances?nodeId=PTIIPACO_CH4ANFO_ARTIINGE_S4-7PE> (a), (b), and 4-10 <https://library.municode.com/la/st._charles_parish/codes/code_of_ordinances?nodeId=PTIIPACO_CH4ANFO_ARTIINGE_S4-10KEANNOCOPEKEEXAN> (c), (d), and (e) not be satisfied within six (6) days, then the dog is deemed abandoned in favor of St. Charles Parish Animal Control.
(1) If there is a complaint or it is deemed necessary by an animal control officer based on criteria of 4-10 (c), the dog may shall require a proper enclosure as described in section 4-10 <https://library.municode.com/la/st._charles_parish/codes/code_of_ordinances?nodeId=PTIIPACO_CH4ANFO_ARTIINGE_S4-10KEANNOCOPEKEEXAN> (c)(2) below at all times when the animal is not confined and supervised within the owner's and or keeper's dwelling or being moved or exercised with the owner present within the confines of a fenced back yard.
(2) While on the owner's property, a bully type dog shall be securely confined indoors or in a securely locked outdoor pen or structure within a 6 foot fence, suitable to prevent the entry of young children and designed to prevent the animal from escaping at times when the animal is not confined and supervised: within the owner's and/or keeper's dwelling:
a) Such an outdoor pen or structure shall have a sealed cement floor and be surrounded by a chain link fence that is anchored to a cement slab. The pen must also have a chain link top that is securely fastened to the top of the pen. The top must also have a solid cover to protect the animal from the elements and a doghouse of proper size within the enclosure. The outdoor enclosure size will be determined by the size of the dog or dogs being housed and must be reviewed and approved by the animal control supervisor. A six (6) foot perimeter fence must surround the premises, suitable to prevent the unauthorized entry of human beings and suitable for confinement of the dog.
b) Such enclosure shall be securely closed and locked at all times. The fence must may be required to have chain wall or cement sides to prevent said animal from digging its way under or out of the fenced area. The dog shall be penned in the proper enclosure at all times when the animal is not supervised within the owner's fenced property. Said enclosure shall be complete and ready for inspection by animal control and said animal occupancy within thirty (30) days of request by animal control.
(4) American Pit Bull Terriers Bully types and wolves shall be required by the animal control office to be microchipped. All costs associated must be paid by owner and/or keeper before release of said animal. Failure to cover all expenses incurred may result in legal charges brought against owner and/or keeper to cover all expenses plus legal fees.
The foregoing ordinance having been submitted to a vote, the vote thereon was as follows:
And the ordinance was declared adopted this day of , 2020, to become effective five (5) days after publication in the Official Journal.
CHAIRMAN:_________________________________________
SECRETARY:________________________________________
DLVD/PARISH PRESIDENT:____________________________
APPROVED:______________ DISAPPROVED:_____________
PARISH PRESIDENT:_________________________________
RETD/SECRETARY:__________________________________
AT:_______________ RECD BY: ________________________