Minimum Standards of Care

ORDINANCE
 
(AS AMENDED)

CITY OF NEW ORLEANS

CITY HALL: May 2, 2002
CALENDAR NUMBER: 24,271

NO.  20760 MAYOR COUNCIL SERIES
BY: COUNCILMEMBER THOMAS

AN ORDINANCE to amend and reordain section 18-2 of the Code of the City of New Orleans, relative to cruelty to animals, and by adding section 18-2.1 to establish minimum standards of care for animals; and otherwise to provide with respect thereto.

SECTION 1. THE COUNCIL OF THE CITY OF NEW ORLEANS HEREBY ORDAINS, that section 18-2 of the City Code of New Orleans is hereby amended and reordained to read as follows:

Section 18-2. Cruelty to animals.

It is unlawful for any person to ill-treat, tease, molest, or abandon an animal or fowl. It is unlawful to overdrive, overload or cruelly beat, mutilate, kill, torture, poison, abuse, or cause to procure to be overdriven, overloaded, or cruelly beaten, mutilated, killed, tortured, poisoned or abused, any animal or fowl.
It is unlawful for any person keeping an animal or fowl to fail to provide for that animal or fowl:
(a)  Clean, sanitary, safe and humane conditions;
(b)  Sufficient quantities of appropriate food daily served in a sanitary container or dish;
(c)  Proper shelter as defined in 18.2.1;
(d)  Adequate quantities of visibly clean and fresh water available at all times provided in a sanitary manner; and
(e)  Medical attention and/or necessary veterinary care when an animal is sick, diseased, or injured. Upon request of the LA/SPCA, written proof of veterinary care must be provided.
An animal shall be considered abandoned if any of the above requirements are not met for more than 24 hours.
It shall be unlawful to leave any animal in an unattended motor vehicle or transport an animal in any motor vehicle without adequate ventilation.
It shall be unlawful to transport any animal on a public road in any vehicle unless the animal is safely and humanely restrained (at a minimum by a harness with double tethering for dogs) so that the animal is unable to jump or fall out of the vehicle.


SECTION 2. That Section 18-2.1 of the City Code is ordained to read as follows:

Section 18-2.1 Minimum Standards Of Care For Animals (including Fowl).
 

(1)  Shelter and Care

(a)  Shelter must be sanitary, of sound construction, and provide adequate protection from the cold and heat. Shelter must be placed in a dry area free of debris, feces, and standing water. It must have at least three sides and a weatherproof roof; have a solid sanitary floor (or appropriate flooring for fowl), be adequately ventilated; provide shelter from wind, rain, sun and the elements at all times. Suitable drainage must be provided so that water is not standing in or around the shelter.

(b)  Shelter must be large enough for the animal to stand, turn around, and lie down without touching the sides or top of the shelter.

(c)  When outdoor temperatures reach freezing levels, all cats, dogs, and small domestic animals must be moved indoors or to an area that provides heat and shelter from the weather.

(d)  All areas where animals are kept shall be cleaned regularly so that fecal matter is disposed of so not to attract insects or rodents, become unsightly or cause objectionable odors.

(e)  An Animal Control Officer may remove an animal that is living in conditions that do not meet standards outlined in 18.2.1. If modifications to the shelter or living area do not meet the standards within five business days, that animal becomes the property of the LA/SPCA.

(f)  If multiple animals are present in one location, each animal must have a separate and clean food bowl. Each animal must have access to shelter and the owner must meet all standards as detailed in this section.

(2) Tethering

No animal shall be tethered as a primary means of stationary confinement; stationary confinement by tethering shall be considered cruel treatment.

MAYOR

Returned by the Mayor on:   July 1, 2002    at 11:00am.