Chapter 18 ANIMALS
ARTICLE I. IN GENERAL
Sec. 18-1. Definitions.
The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Cat means any feline animal three months of age or older.
Cruelty to animals means the intentional or criminally negligent mistreatment of any animal by any act, or omission whereby unjustifiable physical pain, suffering, or death is caused to or permitted upon such animal.
Director means the director of the department of health for the city or his duly authorized representative.
Dog means any canine animal over three months of age.
Ferocious animals means any animal that by virtue of its size, temperament, natural environment or present circumstances is capable of threatening the safety of a living being or one that may be given to extreme fierceness, unrestrained violence or brutality.
Keeper and/or custodian means any person other than the owner harboring or having in his possession any dog.
Licensed veterinarian means a practicing veterinarian in the city who is licensed by the state board of veterinary examiners.
Owner means any person owning, possessing, harboring, keeping, maintaining, or having or assuming the care, custody or control of an animal or fowl, or permits same on his property.
Society means the Louisiana Society for the Prevention of Cruelty to Animals, its officers and agents.
Wild or exotic animals means any live monkey (nonhuman primate), raccoon, skunk, wolf, squirrel, fox, leopard, panther, tiger, lion, lynx or any other warm-blooded animal, poisonous or constricting snake or tarantula which can normally be found in the wild state or any member of crocodilian, including, but not limited to, alligators, crocodiles, caimans and gavials. Ferrets, nonpoisonous snakes, rabbits, laboratory rats and skunks which have been bred and raised in captivity and which have never known the wild shall be excluded from this definition.
[See Sec. 18-2 - Sec. 18-2.1 Amended]
Sec. 18-2. Cruelty to animals.
It is unlawful for any person to commit the crime of cruelty to animals or to overdrive, overload or unnecessarily or cruelly beat, mutilate, kill, torture or abuse, or cause or procure to be overdriven, overloaded, cruelly beaten, mutilated, killed, tortured, or abused, any animal.
Sec. 18-7. Wild or exotic animals as pets prohibited.
No person shall keep or permit to be kept any wild, exotic or vicious animal as a pet.
Sec. 18-8. Display of notice where wild or exotic animals are sold.
Any person who offers for sale a wild or exotic animal shall post conspicuously at the place of sale or display the following notice:
No person may lawfully keep or permit to be kept in the City of New Orleans any live monkey (nonhuman primate) raccoon, skunk, wolf, squirrel, fox, leopard, panther, tiger, lion, lynx, or any other warm-blooded animal, poisonous or constricting snake, tarantula, crocodile or alligator which can normally be found in the wild state.
Sec. 18-9. Keeping ferocious animals in the city.
No ferocious animals shall be kept within the limits of the city on the premises of individuals or in menageries unless such animals are under the charge of an armed guard day and night.
Sec. 18-10. Vicious or ferocious animals may be destroyed.
The society, through its agents, shall destroy any vicious animal which cannot be safely taken up or impounded, but it shall not be lawful for any other person to willfully kill any animal unless in protection of life or limb.
Sec. 18-11. Feeding or annoying animals in zoo, park, etc.
It shall be unlawful for any person to feed any beast, fowl, bird, reptile or animal of any kind whatsoever confined in a cage or enclosure in any zoo, park or other public place or to annoy any animal by throwing or putting any object into any such cage or enclosure.
Sec. 18-12. Places animals kept to be kept clean.
All places where animals are kept shall be kept clean and wholesome by removal of all ordure, urine and other offensive matters and by suitable cleansing as often as may be necessary, under the rules and regulations established by the director.
Sec. 18-13. Soiling of public and private property by animals.
(a) If any public or private property is soiled or contaminated by an animal, whether such nuisance shall take place in the presence of the owner or keeper or not, the owner or keeper of the animal, or if the owner or keeper is a minor, the parents or guardian thereof, shall be deemed guilty of violating this section.
(b) Any person who is in violation of this section, shall be punished by a fine of not less than $100.00 and no less than three seven-hour days of trash cleanup duties.
Sec. 18-14. Animals to be confined, exceptions.
(a) Except as provided herein below, all animals are to be confined within an enclosure or secured by a chain at all times, unless accompanied by a driver or keeper.
(b) Animals, except dogs, which are accompanied by a driver or keeper are restricted to those public areas legally utilized by motor vehicles or specifically designated for animal usage and are not permitted to trespass upon any other public or private property.
(c) Dogs which are properly licensed and vaccinated as stipulated in this chapter may be allowed outside of an enclosure if under a secure leash and accompanied by its owner or keeper but are not to be allowed to trespass upon any public property, if so prohibited by another ordinance, or upon private property.
(d) Cats which are privately owned, have been spayed or neutered, and are properly licensed, vaccinated, and tagged with an identification tag clearly indicating the owner's name, current address and telephone number, may be allowed outside of an enclosure, but are not to be allowed to trespass upon any public property, if so prohibited by another ordinance, or upon private property other than that belonging to the cat owner. Any cat collected under the provisions of this section shall not be returned to its owner until such time as said owner shall have the cat spayed or neutered.
(e) Notwithstanding the provisions of this section allowing otherwise, no dogs other than dogs in parades in which dogs are the main attraction or sole participants, dogs confined on the property of their owners, dogs assigned to law enforcement canine units, seeing-eye dogs and/or dogs assisting physically challenged individuals, are allowed within 200 yards of any parade route one hour before, during, or one hour after a scheduled parade.
Sec. 18-15. Sale of rabbits and other animals.
(a) The sale or donation of rabbits younger than eight weeks of age in quantities of less than four to an individual is hereby prohibited.
(b) The auctioning, raffling or giving away as a prize or premium or advertising device of any animal for the purpose of inducing trade or business or competition at public or private events is hereby prohibited.
Sec. 18-16. Sale, etc., of artificially colored or dyed animals.
No animal that has been dyed or otherwise colored artificially may be sold or offered for sale, raffled, offered or given as a prize, premium or advertising device; or, displayed in any store, carnival or other public place.
Sec. 18-17. Animal fighting, facilities for same, prohibited.
It shall be unlawful for any person to hold, operate, attend, sponsor or in any way further a contest that pits animals against each other and for anyone to maintain facilities for this purpose.
Sec. 18-18. Civil adjudication; misdemeanors.
(a) Violations of this chapter shall be deemed to be violations of a public health and environmental ordinance; and shall be subject to civil administrative adjudication pursuant to chapter 6.
(b) Any person who commits any act prohibited or omits the doing of any act required by this chapter for which a lesser penalty is not specifically prescribed herein, shall be guilty of a misdemeanor and upon conviction thereof in the municipal court shall be liable for a fine not to exceed $500.00, or for a term of imprisonment not to exceed six months, or for community service or to community service, and/or fine and/or imprisonment.
Sec. 18-19. Responsibility of association members, partners and corporate officers.
When an association of individuals is charged with violation of any provision of this chapter, each individual of such association or, if it is a foreign association, the local agent or person locally in charge thereof shall be deemed to represent such association of individuals for the purpose of enforcing this chapter and shall be held responsible and punishable for each violation thereof. When a firm is charged with such violation, each member thereof or, if it is a foreign firm, the local agent or person locally in charge of such firm shall be deemed to represent such firm for the purpose of enforcing this chapter, and shall be held responsible and punishable for each violation thereof. When a corporation is charged with such violation, all or any officers of such corporation may be held responsible and punishable for each violation of this chapter or if it is a foreign corporation, the local agent or person locally in charge thereof shall be deemed to represent such corporation for the purpose of enforcing this chapter and shall be held responsible and punishable for each violation thereof.
Sec. 18-20. Unnatural stimulation of horses; willful pulling of reins; penalty.
(a) No person shall administer or apply or cause to be administered or applied to any horse which has been entered in any race, any drug, chemical, or other substance whatsoever, or any electric battery or other apparatus, which might have the effect of unnaturally depressing, stimulating or exciting any horse during any race. No jockey mounted on any horse during a race shall willfully pull the reins, or do anything whatsoever that has the effect of diminishing the chance of the horse winning any race whether such action on the part of the jockey is of his own accord, by instruction from the owner of the horse, or as a result of conspiracy with any other person.
(b) The violation of this section shall be punishable by a fine of not less than $100.00 or by imprisonment for not less than 30 days or both such fine and imprisonment.
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