§ 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 and rescue center, constitutes a threat to public health or safety.

f.

An employee of the animal control and rescue 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 and rescue center may investigate reported incidents involving dogs that may be "potentially dangerous." Upon such investigation, if the animal control and rescue 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 and rescue 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 microchip 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 and rescue 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 and rescue 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 and rescue center may investigate reported incidents involving dogs that may be "dangerous." upon such investigation, if the animal control and rescue 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 and rescue 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 and rescue 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 and rescue 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 and rescue center. Each owner shall execute a document to be supplied by the animal control and rescue 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 and rescue 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 and rescue center, in its discretion, may require a dangerous dog to be spayed or neutered.

h.

The animal control and rescue 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 and rescue center, animal shelter, 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.

1.

The animal control and rescue 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 and rescue 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 and rescue center so classifies said dog. A notice of appeal must be filed with the director of the animal control and rescue 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 and rescue 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 shelter 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 and rescue center may investigate reported incidents involving dogs that may be vicious. Upon such investigation, if the animal control and rescue 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 and rescue 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 and rescue center. The animal will be kept at the animal shelter 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 returned to the animal control and rescue center for euthanasia 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 and rescue center impounds such dog.

b.

The animal will remain impounded at the animal shelter 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 and rescue center or animal shelter. 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 shelter 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 shelter through the court appeal process. Applicable fees shall be paid in advance.

(Ord. No. 9634 § 1, 5-26-93; Ord. No. 14203, §§ 5—7, 10-24-07; Ord. No. 15237, § 1, 1-11-12)