THE FOLLOWING Ordinance was adopted by: CITY OF GRAMBLING
THE FOLLOWING Ordinance was adopted by: CITY OF GRAMBLING
STATE OF LOUISIANA CITY OF GRAMBLING ORDINANCE NO. 11-0405012 AN ORDINANCE OF THE CITY OF GRAMBLING ESTABLISHING AN ANIMAL CONTROL ORDINANCE. WHEREAS, it is in the interest of the public welfare to establish specific guidelines for animal control and penalties for violating same; WHEREAS, an ordinance has been proposed to be adopted by the Board of Aldermen of the City of Grambling; WHEREAS, the proposed ordinance must be introduced by its title; WHEREAS, a public hearing must be held prior to its adoption; and WHEREAS, the title of the proposed ordinance must be published in the official journal and the notice shall provide for the time and place where the Board will consider its adoption. NOW THEREFORE, BE IT ORDAINED that the following ordinance be and it is hereby adopted by the Board of Aldermen of the City of Grambling: Section 1 - Penalty. Except as otherwise provided in this chapter, any person violating any of the provisions of this chapter shall be punished as provided in the general penalty provision which provides:
(a) Whenever in this Code or in any ordinance of the city an act is prohibited or is made or declared to be unlawful or an offense or a misdemeanor, or wherever in such Code or ordinance the doing of any act is required or the failure to do any act is declared to be unlawful, where no specific penalty is provided therefor, the violation of any such provision of this Code or of any such ordinance shall be punished by a fine of not exceeding $500.00 or by imprisonment for not more than 60 days, or both such fine and imprisonment. Each day any violation of this Code or of any ordinance shall continue shall constitute a separate offense.
(b) Any person who shall aid, abet or assist in the violation of any provision of this Code or any other ordinance shall be deemed guilty of a misdemeanor and, upon conviction, shall be punished as provided in subsection (a) of this section.
Section 2. - Applicability. This article shall be effective in and apply within the city and shall hereinafter be referred to as "The Animal Control Ordinance."
Section 3 - Definitions. For the purposes of this chapter, the following definitions shall apply: Abandoned shall mean 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 for a period of 24 hours. Animal shall mean any living vertebrate creature except human beings, including but not limited to mammals, birds, fowl, reptiles and fish, except when referring specifically to the control of rabies where the meaning of the word "animal" shall be limited to mammals, domestic and wild. Animal Control Officer shall mean that person(s), representative(s) or agent(s) of the city of Grambling appointed or designed by the governing authority. The Chief of Police and members of the Grambling Police Department are considered Animal Control Officers. Animal establishment shall mean a facility operated as a pet shop, grooming shop, commercial kennel, commercial livery stable, permanent or transient zoo, circus or performing animal act, or for the boarding of dogs and cats or the training of dogs for any purpose. Animal shelters operated by public authorities and veterinary medical facilities are exempt from this definition. At large stray shall mean any animal that is not within the confines of a home or under authorization of the owner thereof, in a pen or cage, on a leash or in the physical possession of the owner or the owner's agent. Hunting or stock dogs, and show dogs and cats or other animals, while being worked or shown under the supervision of their owners or the agents or employees of said owners, are exempt from this definition. Bite shall mean the breaking of the skin of a human being by an animal's teeth, mouth, claws or beak. Breeder shall mean any person who breeds a female dog or cat for the purpose of obtaining a monetary gain from the sale of any portion of the litter produced. Carrier shall mean any airline, railroad, motor carrier, shipping line, or other enterprise engaged in the business of transporting for hire. Cat shall mean any member of the Felidae (feline) family. Collar shall mean a band, choke chain, harness, or other device worn around the neck of an animal in a humane way to which a vaccination tag may be affixed. Commercial livery stable shall mean any establishment where one or more horses are let for hire to be ridden or driven, or where one or more horses are boarded for a fee. Cruelly ill-treat shall mean every act or failure to act whereby unjustifiable physical pain or suffering is caused or permitted. Dangerous dog shall mean any dog that when unprovoked, shall be deemed a dangerous dog if it:
(1) Bites, injures, or inflicts a bite on a human being or domestic animal either upon public property or those areas of private property that are unfenced and normally accessible to the public.
(2) Chases or approaches a person upon the streets, sidewalks or public grounds in a terrorizing or menacing fashion or apparent attitude of attack.
(3) Bites or injures animals or persons authorized to enter upon the owner's premises such as letter carriers, meter readers, trash collectors, repair persons, delivery persons or business customers provided that the persons authorized to enter upon the owner's premises but shall not include unauthorized intruders such as burglars or trespassers in the owner's business, house or apartment or within a fenced area on the premises not normally accessible to the public. The Animal Control Officer(s) shall make all determinations that a dog is a dangerous dog. Dealer shall mean any person, not a public entity, who, as a business, sells, exchanges, or donates or offers to sell, exchange, or donate animals to any person. Dog shall mean any member of the Canidae (canine) family. Dwelling shall mean the house or other structure in which one or more persons live. For determining the maximum number of dogs, only one dwelling per subdivided lot will used to establish the number of dogs per permitted. Excessive barking shall mean unprovoked animal noises of such a loudness, intensity and duration as to prevent or interfere with an average and reasonable person's ability to enjoy his property, included but not limited to situations where:
(1) On more than one occasion in the same 7 hour period has awakened the complainant up from sleep between the hours of 11 p.m. and 6 a.m.; or
(2) Continues in such a manner so as to cause mental anguish or suffering, loss of sleep or a disturbance of the peace. Grooming shop shall mean a commercial establishment where animals are bathed, clipped, plucked, or otherwise groomed, excluding animal shelters. Guard dog shall mean any dog that is utilized at a commercial establishment or that is used by commercial entity to provide security protection for employees, employers, property, goods and or equipment. Indoor dog shall mean any dog that:
(1) Lives inside the dwelling.
(2) Is not left outside unattended.
(3) Eats and sleeps in dwelling.
Isolation shall mean the secure, humane confinement of a dog or cat that has been bitten by a known rabid animal so as to prevent such dog or cat from coming in contact with any other animal. Isolation enclosures shall be so constructed and secured that entry will be limited to the owner of the confined dog or cat, with the primary enclosure so located within a secondary enclosure to prevent accessibility to the public. Nuisance by an animal shall mean the damaging, soiling, defiling, urinating or defecating upon, or repeatedly trespassing upon property other than its owner's, excessive barking or noise making so as to disturb the peace and repose of persons living or working nearby, molesting, threatening, attacking or interfering with persons on private or public property, chasing motor vehicles or bicycles, attacking other domestic animals, or disturbing or turning over garbage or trash containers, or causing unsanitary conditions or odors on or about the premises of its owner by urination or defecation. Owner shall mean any person who has a right of property in an animal, or who keeps an animal in his care, harbors an animal, acts as custodian for an animal, or who permits an animal to remain on or about his premises. Person shall mean any person, firm, partnership, association, corporation, or entity of any kind. Primary enclosure shall mean any structure used to immediately restrict an animal or animals to a limited amount of space such as a house, room, pen, run, cage, compartment, or hutch. Proper food shall mean providing each animal with daily food of sufficient quality and quantity to prevent unnecessary or unjustifiable suffering by the animal. Proper shelter shall mean providing each animal with adequate shelter from the elements as required preventing unnecessary or unjustifiable suffering by the animal. Proper veterinary care shall mean providing each animal with veterinary care sufficient to prevent unnecessary or unjustifiable physical pain or suffering by the animal. Proper water shall mean providing each animal with daily water of sufficient quality and quantity to prevent unnecessary or unjustifiable suffering by the animal. Vaccination against rabies shall mean the injection subcutaneously or otherwise by a licensed veterinarian, or by a person under his supervision, of animal rabies vaccine approved by the state health officer or the director. Vaccination certificate shall mean a serially-numbered certificate on a form approved by the director, and signed by a veterinarian or his representative, stating the name of the owner of the dog or cat to which issued and a description of the dog or cat to which issued, indicating the year for which issued, certifying that such dog or cat was inoculated or vaccinated against rabies, and stating the date thereof. Vaccination tag shall mean a suitable tag, bearing the same number as the vaccination certificate and indicating the year for which it was issued. Vicious dog shall mean a dog which has:
(1) Attacked and caused severe and gross injuries or death to a human being; or
(2) Previously been classified as "dangerous" and subsequent thereto a violation of subsection 11(a) occurs.
(3) Has previously been classified as dangerous and is found to be at large two or more times.
(4) Extenuating circumstances may allow the animal control officer additional discretion in determining if an animal is vicious. No dog shall be deemed vicious simply by its breed.
Working days shall mean Mondays through Fridays, excluding legal holidays recognized by the City of Grambling.
Section 4 - Authority and duties of Animal Control Officers.
(a) The animal control officers shall have the authority and duty to enforce the provisions of this chapter, and shall be authorized to represent the City of Grambling in all actions resulting from enforcement or attempted enforcement of this chapter.
(b) The animal control officers shall have the authority to investigate complaints and to enforce the requirements of this chapter.
(c) The animal control officers shall exercise every reasonable care to prevent injury, illness, death, escape, or pilfering of an animal with which he deals in carrying out the provisions of this chapter.
(d) If, in the opinion of the animal control officer(s), the incidence of rabies or other disease transmissible by animals to man, either directly or indirectly, be such as to justify control measures more stringent than provided herein, the animal control officers shall determine and proclaim the existence of a state of emergency in the interest of public health. All City of Grambling departments and personnel therefrom shall be made available to assist in a carrying out necessary control measures during the existence of such emergency.
Section 5 - Owner's responsibilities. Owners of dogs and cats shall be responsible for compliance with the following:
(1) All dogs and cats, except cats which have been properly vaccinated for rabies, neutered or spayed and properly tagged except any dog that is being trained for, or being used for the common and accepted practices associated with the legal hunting of game, including birds and animals, and the herding of livestock, shall be kept from running at large and must be confined. The owner of a cat or dog which causes damage to another person's property shall be responsible for that damage. If a cat is shown to have damaged, with its claws, another person's property, the animal control officer may instruct the owner to either have the cat declawed or confine the cat indoors. If a dog causes damage to another person's property, the animal control officers may classify the dog as dangerous and enforce the guidelines as set forth in this code. Failure of the owner to follow the instructions of the animal control officers may result in the animal being seized and humanely disposed of.
(2) Owners shall be responsible for practicing a flea and tick program.
(3) Owners of animals that bite an individual are responsible for notifying the City of Grambling animal control officers.
(4) It shall be the responsibility of the owner to confine outside animals in an enclosed area. The primary enclosure should contain a minimum of 64 square feet (8 ft. X 8 ft.) per animal. There shall be no tethering of animals with chains, cables, ropes or any other such device in lieu of a proper enclosure. Outside animals that reside in a neighborhood with fencing restrictions must be kept inside or confined in an outside kennel with the minimum square footage as stated above. Any animal found in violation will be seized. The owner will have five days to correct the discrepancy or the animal will become the property of The City of Grambling. Whether or not the animal is redeemed, the owner will be responsible for all fees. Whoever is found to be guilty of failing to provide the proper enclosure shall be fined not less than $250.00 nor more than $500.00 or serve five days in jail. Imposition or execution of sentence shall not be suspended.
(5) The owner of any dog housed outside shall provide a proper shelter which will provide adequate protection from the elements. This includes but is not limited to a dog house, enclosure, or ready access to an already existing structure. The shelter must provide basic protection from the elements. In addition, the owner shall provide the dog access to an adequate water supply. The owner shall provide adequate food for the dog and must feed the dog at least once per each two-day period. Any fenced or walled enclosure will consist of a chain link, wood, brick, vinyl fencing or any other material deemed appropriate by the City of Grambling animal control officer. The barrier will be a minimum of four feet high but at all times will be of a sufficient height to preclude the dog from escaping over the barrier. No fence or wall will have openings greater than two inches in diameter.
(6) No owner shall tether a dog to moveable object in which the dog must physically move the object in order to move about the enclosure.
(7) No owner shall position their dogs in a manner that would prevent emergency personnel from gaining safe and immediate access to main entrance to the residence.
(8) Any owner who legally tethers their dog must ensure:
a. The dog is tethered within an enclosed area.
b. The dog is secured in such a way where the tether will not become wrapped or entangled as to restrict the original length of the tether.
c. The tether must provide the animal a minimum of sixty-four square feet of space to freely move about.
(9) No owner shall keep a dog confined on any residential premises on which no person is living.
Section 6 - Rabies tags required for dogs and cats.
(a) It shall be the duty of the owners of dogs and cats to obtain and retain at all times a rabies tag for each such animal. Tags containing vaccination numbers shall be securely fastened at all times to a collar or harness and worn at all times by the dog or cat for which the tags were issued. Hunting or stock dogs, show dogs and cats, and law enforcement dogs are excepted from wearing tags while being worked, conditioned or shown under the supervision of their owners or agents thereof.
(b) Fees for tags for dogs and cats shall be paid to the designated licensing agents by their owners.
(c) Rabies tags shall be renewed annually during their anniversary month.
(d) The requirements imposed by this section shall not apply to dogs or cats kept by regularly chartered medical schools, veterinary schools, veterinary hospitals and public animal control centers and tax-exempt humane organization shelters.
(e) Persons failing to obtain a rabies tag required by this section shall be subject to the general penalty set forth in section 1.
(f) Any person who counterfeits or imitates the rabies tag provided by the licensing authority, or who shall put on a dog or cat any such counterfeit or imitation tag shall be subject to the general penalties provided in section 1.
(g) Rabies tags are not transferable.
Section 7 - Vaccinations of dogs and cats.
(a) No person shall own, keep or have in his custody or possession any dog, cat or ferret over four months of age which has not been vaccinated against rabies by a licensed veterinarian within one preceding year.
(b) At the time of vaccination, the veterinarian shall issue the owner of the dog or cat a vaccination certificate and a tag, which shall be securely fastened to the collar or the harness of the dog or cat and worn in accordance with the provisions of section 6.
(c) No owner or person having custody or possession of any dog or cat shall permit such dog or cat to wear any tag not issued to that particular dog or cat, nor shall any person having secured a tag for any dog or cat allow any other dog or cat to wear said tag.
(d) It shall be unlawful for rabies vaccine to be administered by anyone other than a licensed veterinarian, or a person acting under the direct supervision thereof.
(e) It shall be unlawful for anyone other than a licensed veterinarian to sell rabies vaccine except for livestock purposes.
Section 8. - Impoundment of dogs and cats, identification and classification.
(a) It shall be the duty of the animal control officers to seize and impound any at large stray dog or cat not tagged with the current official vaccination and license tags. Any dog or cat so seized and impounded shall be held for a period of at least four working days during which time the owner may reclaim the dog or cat. The animal control officers may also seize and impound tagged dogs which are at large in violation of section 13. Any tagged dog which is impounded shall be held for a period of seven working days during which time the owner may reclaim the dog. To reclaim an impounded dog or cat, the owner must pay redemption and board fees as provided in section 16, and provide satisfactory proof of ownership. If the dog or cat is not legally vaccinated and licensed, the owner shall be required to pay an additional fee as provided in section 16 to cover the cost of licensing and vaccination.
(b) Any dog or cat impounded by the animal control officers and not reclaimed by the owner within the prescribed time limits may be placed for adoption as a pet or humanely euthanized. A good faith attempt to notify the owner at his last known address shall be made first if the name of the owner is known. Upon notification, the owner shall have three working days from such notice to redeem the animal after which it may be disposed of. If, upon notification, the owner does not wish to reclaim the animal and signs a release of his rights therein, the animal may be disposed of immediately.
(c) The animal control officers may order immediate euthanasia for any animal lawfully taken into custody which, in the opinion of the animal control officers, is, by reason of age or temperament, crippled, diseased or injured or requires such action for humane reasons.
(d) It shall be the duty of the animal control officers to seize any domesticated animal, in addition to dogs and cats, found to be at large, and any non-domesticated (wild) animal that is a potential public health hazard, a nuisance, or is sick or injured.
(e) Domesticated animals other than dogs and cats will be held for a period of at least four working days during which time they may, after payment of impoundment and board fees, be claimed by their owners. If the owner does not claim any such animal, the animal may be disposed of at the discretion of the animal control officer.
(f) Non-domesticated animals shall be relocated or humanely euthanized at the discretion of the animal control officer.
Section 9 - Animals which bite or scratch persons.
(a) If any person shall report to the police department, animal control officers, or the City of Grambling that a dog or cat has bitten or scratched him or any other person, the animal control officers shall direct the owner of the dog or cat to confine it for a ten-day observation period in the rabies observation cages maintained by the animal shelter, veterinary clinic/hospital, or other entity under contract with the City of Grambling. If the owner of the dog or cat having bitten or scratched a person cannot be determined, the animal will be observed for four days, at which time the dog or cat will be euthanized and its head submitted to the laboratory for testing for rabies.
(b) The veterinarian, animal shelter, or other entity caring for a dog or cat quarantined for biting or scratching shall submit a report to the animal control officers as to the health status of the dog or cat observed by him at the end of the ten-day observation period.
(c) If any dog or cat dies during the ten-day observation period, whether at the veterinary hospital or at the animal shelter, the animal control officers shall have the head of such dog or cat submitted to the Louisiana Department of Health and Human Resources laboratory for examination for rabies.
(d) If any dog or cat placed under observation for biting or scratching has been injured or becomes sick, in such a state that its recovery is seriously in doubt, or if the sickness of such dog or cat endangers the health of other animals or persons, the animal control officers, the animal shelter, and/or the veterinary hospital may have said dog or cat euthanized and its head submitted to the department of health and human resources laboratory for examination for rabies.
(e) Home confinement for observation of a dog or cat involved in a bite or scratch may be allowed, at the discretion of the animal control officers, if the following conditions are met:
(1) The dog or cat is currently licensed and vaccinated with an approved rabies vaccine.
(2) The owner was in compliance with the applicable leash or confinement and restraint requirements of this chapter at the time of the bite.
(3) The confinement and conditions thereof have specific approval of the bitten or scratched party, or his proper legal representative, as evidenced by a signed, written agreement, which agreement shall hold the animal control officer and the City of Grambling harmless for any loss or damage whatsoever which may result from the allowance of such confinement.
(4) The dog or cat is examined by a licensed veterinarian after the bite or scratch and written certificate by said veterinarian that the animal appears to be in good health is supplied to the animal control officer within 24 hours after the bite or scratch.
(5) Immediately upon expiration of the ten-day observation period, a licensed veterinarian shall examine the dog or cat and certify to the animal control officers in writing the health and condition of the animal.
(6) If the animal shows any symptoms of sickness or abnormal behavior or escapes or dies during confinement, the owner shall notify the animal control officer immediately. Persons having custody there shall surrender the carcass of the dog or cat which dies during confinement to the animal control officer.
(f) In order for an animal to remain impounded, the victim must have the bite or scratch verified by a licensed medical doctor. Proof of the visit must be provided to the animal control officers.
(g) Any doctor, hospital, clinic, or other medical facility within the City of Grambling that exams and or treats an animal bite of any nature must notify the City of Grambling animal control officers.
(h) Any certified enforcement dog belonging to a law enforcement agency is exempt from this requirement of this section. Vaccination status of all enforcement dogs shall be retained by the agency involved.
Section 10 - Release of dogs or cats impounded for observation; fees.
(a) The owner shall also be responsible for redeeming their animal as soon as the quarantine period is over. On the twelfth day, the animal becomes the property of the City of Grambling.
(b) Any owner redeeming a dog or cat impounded for a ten-day observation period shall pay an impounding fee and board fee as provided in section 16.
Section 11 - Dangerous dog, vicious dog.
(a) Dangerous dog.
(1) The animal control officer may investigate reported incidents involving dogs that may be "dangerous". Upon such investigation, if the animal control officer finds the dog to constitute a dangerous dog as defined in this section, said dog shall be so classified. The owner shall receive written notification of the City of Grambling's classification of the animal. A record of the dog will be maintained in the dangerous dog data base and file system at the City of Grambling.
(2) Appeal process.
a. Any owner aggrieved by the animal control officer's decision to classify the dog as "dangerous' may appeal said action to the City of Grambling's Board of Aldermen.
b. If the owner fails to appeal the classification, all restrictions concerning the dangerous dog must be adhered to. Failure to abide by the restrictions will result in the seizure of the dog. Upon seizure, the dog will become property of the City of Grambling and disposed of as deemed appropriate by the animal control officers.
(3) The owner of a dog that has been classified as dangerous shall abide by the following mandates within 30 days after the dog has been so classified:
a. A dangerous dog collar supplied by the animal control officer of the City of Grambling shall be purchased and affixed to the dog to be worn at all times.
b. The owner shall immediately notify the animal control officer 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.
(4) A dangerous dog must be securely confined indoors or in a securely fenced enclosure 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 eight feet by eight feet or an enclosure not less than 64 square feet. Such pen shall have secure sides of sufficient design 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. The enclosures must be physical in nature, not invisible or electronic.
(5) The owner shall prominently display a sign to be provided by the animal control officers of the City of Grambling at the owner's expense on his premises at all entry points warning that there is a dangerous dog on the property.
(6) 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 feet in length and under the control of an adult (has attained the age of 18 years). 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.
(7) The animal control officers, in the exercise of discretion, shall have the authority to make whatever inspections are deemed necessary to ensure that the provisions recited herein are complied with.
(8) 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 officer. Each owner shall execute a document, acknowledging that said owner is aware of the "dangerous" dog classification, and that said owner shall comply with the requirements of this title.
(9) 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.
(10) 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.
(11) The animal control officers shall have the right to inspect the premises of dangerous animals' enclosures to ensure compliance with this part.
(12) The owner or keeper shall sign a hold-harmless and indemnification clause in favor of the town.
(13) The owning, keeping or harboring of a dangerous animal is in violation of this title.
(14) If the animal control officer(s) reasonably believes that an owner cannot or will not abide by the above requirements, the dog may be seized.
(15) Continuation of declaration as a dangerous dog. Any dog which has been declared a dangerous dog by any agency or department of this parish, another parish, municipality, county or state shall be subject to the provisions of this chapter for the remainder of its life. The person who owns or possesses any dog declared a dangerous dog by any parish, municipality, county, or state government must notify the City of Grambling animal control officers, if so delegated, of the dog's address and restrictions of maintenance, within ten days of moving the animal into the town. The restrictions and conditions of maintenance of any dog declared dangerous by this parish, another parish, city, county or state will continue to remain in force while the dog is in this city.
(b) Vicious dog.
(1) 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.
(2) The animal control officers may investigate reported incidents involving dogs that may be vicious. Upon such investigation, if the animal control officer(s) 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 officer's classification of the animal. Said notification shall include the procedure for appeal through the Board of Selectmen.
(3) Any dog that has been classified as "vicious" shall be impounded by the animal control officers. The animal will be placed in rabies quarantine, if necessary, for the proper length of time, or held for ten 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.
(4) Appeal process.
a. The animal will remain impounded at the animal control center or animal shelter until such time as the Board of Aldermen hears and decides the appeal of the owner. The appeal will be heard by the board at the next scheduled meeting after the owner has submitted a notice of appeal.
b. The classification of a dog as "vicious" shall be revoked only by a majority vote of the board. If the board does not revoke the "vicious dog" classification, the dog will then be humanely euthanized at the expense of the owner. If the board revokes the "vicious" dog classification, such dog shall then be classified as "dangerous"; and its owner shall be required to comply with subsection (a). The owner must be present or legally represented at the hearing or any right to the appeal will be deemed waived and the ruling of the board will be final.
c. 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 centers through the appeals process.
Section 12 - Impounding or destruction of dogs and cats bitten or scratched by known rabid animals.
(a) When a dog or cat has been bitten or scratched by a known rabid animal and the dog or cat is currently vaccinated with an approved rabies serum:
(1) The owner shall have the dog or cat examined by a licensed veterinarian and revaccinated.
(2) The veterinarian shall submit a written report to the City of Grambling's animal control officers as to the health of such animal.
(3) The owner shall place the dog or cat that has been bitten in strict isolation for a 90-day period.
(4) The dog or cat may be isolated with the licensed veterinary clinic under contract with the City of Grambling or at the owner's home with the approval of the animal control officer after inspection of the home isolation facility. If the owner elects to isolate the animal on his premises, the animal control officers shall inspect the security of the animal without notice at least once each week. If the security of the animal is not as approved by the animal control officer, the animal shall be seized and the owner shall be subject to the penalties set forth in section 15 and applicable fees set forth in section 16.
(5) The owner shall have the dog or cat examined by a licensed veterinarian at the expiration of the ninety-day isolation period, and the veterinarian shall submit a written report to the animal control officers as to the health of such dog or cat.
(6) If the owner of the dog or cat does not desire to have it isolated, he may surrender it to the animal control officers for euthanization, after which the head of such animal shall be submitted to the department of health and human resources for analysis.
(b) When a dog or cat is bitten or scratched by a known rabid animal and the dog or cat is not currently vaccinated with an approved rabies serum:
(1) The owner shall have the dog or cat humanely euthanized by the licensed veterinarian clinic under contract with the City of Grambling and the head of such animal submitted to the Louisiana Department of Health and Human Resources for analysis; or alternatively.
(2) The owner shall have the dog or cat placed in isolation for a period of six months at an animal shelter, licensed veterinary clinic, or other entity under contract with the City of Grambling, which shall examine such animal, render a written report on the health thereof to the animal control officer.
(c) If the dog or cat should become sick during a period of isolation after being bitten by a known rabid animal, the owner, if the dog or cat is isolated on the owner's premises, or the veterinarian, if the dog or cat is isolated at a veterinary clinic, shall immediately advise the animal control officers. The animal control officers shall then cause such dog or cat to be euthanized and the head of such animal shall be submitted to the department of health and human resources laboratory for analysis.
Section 13 - At large dogs in municipalities, subdivisions, and other areas.
(a) No person shall suffer or permit any dog in his possession, or kept by them about his premises, to run at large on any unenclosed land, or trespass upon any enclosed or unenclosed lands of another.
(b) At large dogs not in compliance with the foregoing shall be subject to impoundment.
(c) No dog at large in violation of this section shall be harbored or withheld from animal control officers by any person.
Section 14 - Nuisance; owner's responsibility.
(a) No person shall willfully or knowingly harbor or keep on his premises or elsewhere any animal which causes an unreasonable disturbance of the peace of the neighbors or occupants of adjacent premises, or suffer or permit any animal to create a nuisance as defined in this chapter. A person shall be deemed to have willfully and knowingly violated this section, if such person, having been notified by animal control officers or law enforcement officers of such disturbances, shall have refused for a period of 24 hours to correct same and prevent reoccurrence. In the matter of excessive barking, the remedy shall be immediate upon notification.
(b) The owner of any animal shall maintain his premises in such a manner as not to constitute either a private nuisance to adjoining property or a nuisance to the public generally. Pens or yards in which animals are confined or maintained shall be cleaned regularly so that they are kept free from offensive odors which would disturb any person residing within a reasonable distance of said premises; and the animals themselves shall be restrained in such a fashion that noise emanating therefrom shall not be disturbing to such persons.
(c) Premises on which animals are kept shall be maintained so as to prevent disagreeable odors arising therefrom, or the presence or breeding of flies, mosquitoes, and other pests. Provisions shall be made for the removal and disposal of animal and food wastes, bedding, dead animals and debris. Disposal facilities shall be so provided and operated as to minimize vermin infestation, odors, and disease hazards.
Section 15 - Hindering, molesting or interfering with officers.
No person shall hinder, molest, or interfere with any animal control officer or agent of animal services engaged in, or because of, the performance of any duty provided for, directly or indirectly, by this chapter. Any person who violates this section shall be fined not less than $200.00 nor more than $500.00 dollars, or shall be imprisoned for a term not to exceed 30 days, or both.
Section 16 - Fees.
(a) Redemption fees for dogs and cats confined for being improperly at large shall be as follows:
(1) Base fee: $50.00.
(2) Per day boarding: $10.00.
(3) Vaccination fee (if needed): $15.00.
(4) For second impoundment, base fee: $60.00.
(5) For third and subsequent impoundment, base fee: $120.00.
(b) Observation fees for bite cases as follows:
(1) Base fee: $45.00.
(2) Per day boarding: $15.00.
(3) Vaccination (if needed): $15.00.
(c) Miscellaneous fees.
(1) Initial fee for each dangerous dog registration (includes collar): $50.00.
(2) Annual fee for each dangerous dog registration: $45.00.
(3) For each dangerous dog sign: $20.00.
(4) Dangerous dog collar (replacement): $10.00.
Section 17 - Enforcement.
(a) The Mayor, subject to the approval of the Board of Aldermen, shall have the authority to appoint animal control officers and such other personnel as it deems proper to enforce the provisions of this chapter.
(b) The animal control officers shall have authority to exercise the following limited police powers:
(1) Issue citations for the enforcement of this chapter, as well as take action necessary to enforce state statutes regarding animals.
(2) Assist law enforcement personnel in obtaining warrants for violations and making arrests for such violations.
(3) Submit affidavits to the courts regarding such violations.
(d) In enforcing the provisions of this Code, the animal control officer his authorized representatives are authorized to enter private property without warrant to pursue, capture, or otherwise apprehend animals subject to impoundment or restraint under the provisions of this chapter. If an animal enters an uninhabited structure and the officer can safely gain entry in the same manner as the animal, the officer may enter the structure to capture the animal. If the animal enters the structure through an opening such a window, hole in the wall or like entrance, the structure will be secured and the officer will obtain permission to enter from the owner/tenant or obtain a warrant to enter the structure. If human safety is a legitimate and immediate concern, the officer may enter the uninhabited structure to capture the animal. This authority to enter does not include inhabited structures unless other justifications dictate immediate entry.
(e) All City of Grambling police officers have authority to enforce provisions of this section. BE IT FURTHER ORDAINED that if any portion of this ordinance shall be held to be invalid, such invalidity shall not affect other provisions herein which can be given effect without the invalid provision and to this end the provisions of this ordinance are hereby declared to be severable. This Ordinance was duly introduced, the title of this ordinance was duly published in accordance with law, and then duly read and adopted on the 3rd day of May, 2012 by the following votes:
5 YEAS 0 NAYS None ABSENT None ABSTAIN.
This Ordinance was adopted on the 3rd day of May, 2012 and presented to the Mayor for his signature on the 4th day of May, 2012 (which is less than 3 days from the date the ordinance was adopted).
Certified Municipal Clerk
/Edward R. Jones/ Mayor
1td: May 21, 2012