§ 7-128. Cruelty to animals, simple and aggravated.

(a)

Any person or entity, including the owner, harborer, keeper of the animal, and/or property owner where animal is housed permanently or temporarily commits any of the following shall be guilty of simple cruelty to animals:

(1)

Overdrives, overloads, drives when overloaded, or overworks any living animal.

(2)

Having charge, custody, or possession of any animal, fails to provide proper food, water, shelter, sanitary and safe environment, or veterinary care. (See definitions of proper food, water, shelter, sanitary and safe environment, and veterinary care in section 7-16 of this chapter.)

(3)

Having charge, custody, or possession of any dog, cat, or other small pet fails to bring the animal inside the confines of the home or provide proper shelter which also includes insulation such as blanket, hay, newspaper when temperatures reach or fall below thirty-two (32) degrees Fahrenheit.

(4)

Carries or causes to be carried, a living animal in or upon a vehicle or otherwise, in a cruel or inhumane, or dangerous manner which includes but is not limited to carrying an animal in an open pick up truck without it being secured from both sides of the bed in an animal carrier appropriate for the size of the animal, carrying an animal on a flat bed vehicle, or allowing an animal to sit, stand, or walk on any equipment or toolbox inside the bed of the vehicle. Tethering is not an acceptable method of transferring an animal in an open truck, trailer or other similar vehicle or mode of transportation.

(5)

Carries in the trunk of any vehicle any animal for any length of time.

(6)

Transport of small animals by commercial establishments: No small animal shall be transported by a commercial kennel, guard dog service, pet shop or dealer, whether by private or public means, unless individually housed in a container designed for that purpose, including provisions for adequate ventilation and food and water. The container must open at one end, have a solid top and bottom and a minimum of fifteen (15) percent of the total accumulated side and end area shall incorporate an open grill for air circulation. Open space shall be maintained around the outside of each animal's container to ensure adequate ventilation.

(7)

Sales or gifts of animals prohibited.

a.

No person shall place any animal on public display for the purpose of sale, offer for sale, barter or giveaway upon any street, sidewalk, parking lot, shopping center walkway or other public place except wherein registered rescue groups are offering for adoption at re-homing events including but not limited to pet fest.

b.

The seller or giver of an animal shall provide to the recipient at the time of transfer a valid health certificate signed by a licensed veterinarian.

c.

Animals shall not be offered as prizes or awards; however, gift certificate(s) to a legitimate animal shelter or pet store for adoption are acceptable.

(8)

No person shall offer for sale, adoption, barter or give away dog(s) or cat(s) under the age of six (6) weeks; the dog(s) or cat(s) must also have obtained the proper vaccinations that are provided at such an age prior to the offering for sale, barter or giving away of such animal.

(9)

It shall be unlawful to color, dye, stain or otherwise change the natural color of baby chickens, ducklings or other fowl under three (3) weeks old, or rabbits under two (2) months old; or to possess for the purpose of sale any chickens, ducklings, other fowl or rabbits which have been so colored.

(10)

No animal shall be given any alcoholic beverage, or narcotic drugs, central nervous system stimulants, hallucinogenic drugs, or barbiturates, unless prescribed by a licensed veterinarian.

(11)

No person shall expose any known poisonous substance, whether mixed with food or not, so that the same shall be liable to be eaten by any animal, provided that it shall not be unlawful for a person to expose on his own property common rat poison mixed only with vegetable substances.

(12)

Working animals shall be given proper rest periods. Confined or restrained animals shall be given exercise proper for the individual animal under the particular conditions, and no animal which is overheated, weakened, exhausted, sick, injured, diseased, lame or otherwise unfit shall be worked, used or rented. No animal which the animal shelter department has suspended from use shall be worked or used until released by the department.

(13)

No animals bearing evidence of malnutrition, ill health, unhealed injury or having been kept in an unsanitary condition shall be displayed for the amusement of the public.

(14)

No primary, secondary school, college and/or university, either public or private, in the parish shall permit students in biology or other laboratories to perform experiments on live animals of any kind or size which will inflict pain or suffering or permanent injury or deformity to the animals. Any headmaster, principal, teacher or instructor who permits or condones such prohibited practices in his school, classroom or laboratory shall be guilty of a misdemeanor.

(15)

No person shall conduct a science fair or competition in the parish wherein any exhibit or project involves the use of live animals of any kind or size wherein pain or suffering is inflicted on the animals or permanent injury or deformity is caused.

(16)

Any person who, as the operator of a motor vehicle, strikes a domestic animal shall stop at once and render such assistance as may be possible and shall immediately report such injury or death to the animal's owner; in the event the owner cannot be ascertained and located, such operator shall at once report the accident to the sheriff's office, the Jefferson Parish Animal Shelter, a recognized humane organization or a registered rescue group.

(b)

Any person or entity, including the owner or keeper of the animal, or property owner where the animal is housed permanently or temporarily, who commits any of the following shall be guilty of aggravated cruelty to animals:

(1)

Torments, cruelly beats, tortures, maims, or mutilates or unjustifiably injures any living animal, whether belonging to himself or another;

(2)

Abandons any animal. A person shall not be considered to have abandoned an animal if he delivers to the Jefferson Parish Animal Shelter, a recognized humane organization or a registered rescue group an animal which he found running at large or if the animal is being voluntarily relinquished to the shelter by the owner; and/or

(3)

Having charge, custody, or possession of any animal, fails to provide proper food, water, shelter, sanitary and safe environment, or veterinary care to an extent that the animal suffers severe injury, has been put in imminent death or the animal dies.

(4)

Performing animals . No performing animal exhibition or circus shall induce or encourage animals to perform through the use of chemical, mechanical, electrical, or manual devices in a manner which will cause, or is likely to cause, physical injury or suffering to the animal. All equipment used on a performing animal shall fit properly and be in good working condition.

(c)

Each incidence of simple or aggravated cruelty constitutes a separate charge. Upon adjudication or conviction of one (1) count of simple cruelty, all other simple cruelty counts are to be considered counts of aggravated cruelty to animals.

(Code 1961, § 4-18(a); Ord. No. 23784, § 7, 3-24-10; Ord. No. 24925 , § 1, 3-25-15)

Editor's note

Ord. No. 24925 , § 1, adopted March 25, 2015, amended § 7-128, and in so doing changed the title of said section from "Sale of dogs and cats" to "Cruelty to animals, simple and aggravated," as set out herein.