§ 7-129. Seizure and disposition of animals cruelly treated.

(a)

When a person is charged with cruelty to animal(s), said person's animal or animals may be seized by the arresting officer, animal control officer or official issuing the citation or summons and held pursuant to this section.

(b)

Disposition of such animals:

(1)

Prior to seizing the animal(s), a search and/or seizure warrant must be obtained unless exigent circumstances exist which is defined in JPCO Section 7-16. The seizing officer shall notify the owner(s) of the seized animal of the provisions of this section by posting an original or a copy of the search warrant at the location or other documentation of seizure where the animal was seized if under exigent circumstances or by leaving it with a person of suitable age and discretion residing at that location at the time of the seizure. The search warrant or other documentation will serve as the notice of violation. The bond notice shall be posted within twenty-four (24) hours of the seizure.

a.

The bond notice shall contain the case number, the parties name(s) and mailing address(es), and estimated housing costs pending the hearing date for either civil or criminal prosecution at ten dollars ($10.00) per day not including medical expenses. An expedited hearing before the bureau of administrative adjudication can be had upon the defendant(s) and victim(s) waiving the hearing notice requirement found in JPCO Section 2.5.

b.

The named party has fifteen (15) days from the date the bond notice is posted to pay the estimated housing costs for thirty (30) days of housing the animal(s). Failure to pay the estimated housing costs in full within fifteen (15) days, including weekends and holidays, will result in the Jefferson Parish Animal Shelter, in its discretion, holding the seized animal out for adoption, fostering, euthanization etc. as it deems reasonable. If the initial bond amount is paid within the fifteen (15) day period, the animal(s) will be held in custody in the shelter or other approved location.

c.

Each additional bond period shall be for thirty (30) days until a final disposition has been rendered by the bureau of administrative adjudication or a court of competent jurisdiction.

d.

All bonds must be posted at the animal shelter, by a person claiming an interest in the seized animal, within fifteen (15) days, including weekends and holidays, upon posting to prevent the animal shelter director or designee in placing the seized animal as it deems reasonable.

e.

The bureau of administrative adjudication or a court of competent jurisdiction shall order that the bond be given to the animal shelter department to be used to cover the cost of housing the seized animal(s).

f.

Posting of a bond shall not prevent the Jefferson Parish Animal Shelter from placing the seized animal (holding it out for foster or euthanization) for humane purposes in accordance with this chapter or exigent circumstances.

(2)

The seizing officer shall photograph the animal within twenty-four (24) hours of issuing the search warrant and shall cause an affidavit to be prepared in order to document its condition in accordance with R.S. 15:436.2.

(3)

The seizing officer shall secure a licensed veterinarian or other suitable custodian to care for any such animal. The custodian shall retain custody of the animal in accordance with this section.

(4)

The seized animal shall be held by the animal shelter or the place of transfer for a minimum period of fifteen (15) consecutive days, including weekends and holidays, after such bond notice is given. Thereafter, if a person who claims an interest in such animal has not posted bond in accordance with this section, the Jefferson Parish Animal Shelter may, in its discretion, hold the seized animal out for adoption, fostering, euthanization etc.

(c)

Upon a person's adjudication or conviction of cruelty to animals, in addition to all fines, costs and punishment authorized by law:

(1)

It shall be proper for the bureau of administrative adjudication or a court of competent jurisdiction, in its discretion, to order the forfeiture and final disposition of the custody of any animal found to be cruelly treated in accordance with this section and the forfeiture of the bond posted pursuant to subsection (b) as part of the sentence. The bureau of administrative adjudication or a court of competent jurisdiction may, in its discretion, order the payment of any reasonable costs, including but not limited to housing costs, incurred in the boarding or veterinary treatment of any seized animal prior to its disposition of the animal, whether or not a bond was posted by the defendant. In the event of the acquittal or final discharge without conviction of the accused, the bureau of administrative adjudication or a court of competent jurisdiction shall, on demand, direct the delivery of any animal held in custody to the owner thereof and order the return of any bond posted pursuant to subsection (b), less reasonable administrative costs.

(2)

Nothing in this section shall prevent the euthanasia of any seized animal, at any time, whether or not any bond was posted, if a licensed veterinarian determines that the animal is not likely to survive and is suffering, as a result of any physical condition. In such instances, the bureau of administrative adjudication or a court of competent jurisdiction, in its discretion, may order the return of any bond posted, less reasonable costs, at the time of trial.

(3)

The animal shelter director may impose a fee for cruelty investigation that results in conviction as a result of violations related to such investigation and the cost of investigation. The fee shall be a maximum of three hundred dollars ($300.00) per investigation. The investigation fee is in addition to any other fees or penalties associated with the provisions of this chapter or imposed by this chapter payable directly to the animal shelter department.

(d)

The animal shelter may, in its discretion, hold the seized animal out for adoption, fostering, euthanization etc. due to the failure of the owner or interested parties to act including but not limited to posting of bond(s) or redemption of a seized animal within seventy-two (72) hours of a final disposition of the bureau of administrative adjudication or if a court of competent jurisdiction releases the animal to the custody of the owner or keeper, the person charged to be in violation under Division 6 of Chapter 7 shall have no legal right or recourse against the animal shelter or adoptive person and shall hold harmless all persons and entities associated with said adoption or other disposition.

(Code 1961, §§ 4-16(d), 12-42; Ord. No. 24925 , § 1, 3-25-15)

Editor's note

Ord. No. 24925 , § 1, adopted March 25, 2015, amended § 7-129, and in so doing changed the title of § 7-129 from "Sale of chicks, ducklings or rabbits" to "Seizure and disposition of animals cruelly treated," as set out herein.