§ 7-160. Requirements; penalties; fines; costs.

(a)

It shall be unlawful for any person to own, possess, keep or harbor a dangerous or vicious animal except in accordance with the provisions of this chapter. Any owner or keeper of an animal deemed to be dangerous or vicious not in compliance with this Section or with the provisions of a judgment or order may result in the animal being destroyed.

(b)

No dangerous or vicious animal shall be allowed in the Parish of Jefferson unless the owner of such animal shall meet the following requirements for the duration of ownership and harborage in the parish:

(1)

Dangerous or vicious animals. The owner of an animal classified as dangerous or vicious must:

(i)

spay or neuter such animal at the expense of the owner within fifteen (15) days of such classification unless a written document is provided to the animal shelter by a licensed veterinarian indicating that such surgery would present an unusual medical risk to the animal; and

(ii)

permanently identify such animal by a microchip, at the expense of the owner with registration kept current during ownership and all related information including the microchip number must be provided to the parish animal shelter within fifteen (15) days of dangerous or vicious animal classification; and

(iii)

display a sign on his or her premises warning that there is a dangerous or vicious animal on the premises. Said sign shall be visible and capable of being read from the public street, sidewalk or right-of-way abutting the premises and comply with any other code enforcement regulations; and

(iv)

procure liability insurance in the amount of at least one hundred thousand dollars ($100,000.00), covering any property damage or bodily injury which may be caused by such vicious or dangerous animal. The policy of insurance shall contain a provision requiring a thirty-day notice of cancellation or non-renewal be issued to the animal shelter in order for the parish to be notified by the insurance company of any cancellation, non-renewal, termination or expiration of the liability insurance policy. Proof of insurance shall be a certificate of insurance issued by the insurer on a form acceptable to the animal shelter. The owner shall also provide proof that the insurance carrier is on notice that exposure to liability from a vicious or dangerous animal exists.

(v)

sign a statement attesting that:

a.

The owner shall maintain and not voluntarily cancel the liability insurance, unless the owner shall cease to own or keep the animal.

b.

The owner of a dangerous or vicious animal shall have an enclosure and/or fence for the animal on the property where the animal will be kept or maintained in accordance with this section.

c.

The owner shall notify the parish animal shelter immediately if a dangerous or vicious animal is on the loose, is unconfined, has attacked or assaulted another animal or a human being, or has died or has been sold or given away. If the animal has been sold or given away, the owner shall also provide the animal shelter with the name, address and telephone number of the new owner of the animal.

(2)

Dangerous animals.

(i)

Unless a more restrictive confinement is mandated or ordered, dangerous animals shall be within a fenced yard of not less than six (6) feet in height or confined within a building. Confinement shall be in such a manner that the animal cannot come in contact with any person except under supervised conditions and the animal is under physical restraint of a competent adult, the owner or other responsible adult that has permission from the owner to physically restrain the animal.

(ii)

It shall be unlawful for any owner to allow any dangerous animal to be outside of the dwelling of the owner or outside of the enclosure unless it is securely muzzled and restrained with a chain having a tensile strength of three hundred (300) pounds and not exceeding three (3) feet in length, and shall be under the direct control, supervision and physical restraint of the owner or competent adult with the permission of the owner. The muzzle shall be made in a manner that will not cause injury to the animal or interfere with its vision or respiration but shall prevent it from biting any person or animal.

(3)

Vicious animals.

(i)

All vicious animals not otherwise prohibited by this chapter shall be securely confined within a building or locked enclosure located within a securely fenced yard of not less than six (6) feet in height and required parish set backs for placement of accessory structures but in no case located less than five (5) feet from the fence on all sides. Confinement shall be in such a manner that the animal cannot come in contact with any person other than the owner.

(ii)

Unless a more restrictive confinement is mandated or ordered, vicious animals shall be confined within a proper enclosure. Confinement shall be in such a manner that the animal cannot come into contact with any person or other animal except under supervised conditions. For purposes of this chapter all fences must be opaque wood, masonry or brick and a minimum of six (6) feet in height

(iii)

If any severe injury from an unprovoked attack by an animal previously deemed vicious, the animal may be seized by the animal shelter and destroyed in a humane manner following the appropriate delay period as provided in this chapter.

(iv)

It shall be unlawful for any owner to allow any vicious animal to be outside of the dwelling of the owner or outside of the enclosure unless it is necessary for the owner to obtain veterinary care, or in order to dispose of the animal in accordance with the orders of the animal shelter director or the administrative hearing officer, in such event, the animal shall be securely muzzled and restrained with a chain having a tensile strength of three hundred (300) pounds and not exceeding three (3) feet in length, and shall be under the direct control, supervision and physical restraint of the owner or other competent adult that has permission from the owner to physically restrain the animal. The muzzle shall be made in a manner that will not cause injury to the animal or interfere with its vision or respiration but shall prevent it from biting any person or animal. This section may also be applicable to animals declared dangerous, after a hearing in accordance with the provisions of this chapter, when so ordered by the administrative hearing officer or the animal shelter director.

(c)

Non-compliance.

(1)

Any owner or person in control of a dangerous or vicious animal who fails to comply in accordance with the provisions of this chapter, judgment or order; shall result in the animal(s) being confiscated by the animal shelter and impounded pending a hearing to determine the proper disposition of said animal by the director or designee or trier of fact.

(2)

After a hearing, the owner may be allowed to redeem an animal confiscated under paragraph (a) upon payment of the appropriate redemption fees along with compliance with the provisions of this chapter, judgment or order rendered. Failure of the owner to comply, including any delay period therein, may result in destruction of the animal in a humane manner. All orders rendered shall provide for a fifteen (15) day suspensive appeal delay, meaning that the owner or interested person may post a bond during the appeal delay to stay the disposition. Such bond shall include all costs associated with the housing of the animal, redemption fees, fines, court costs and/or hearing costs.

(d)

Penalties, fees and fines.

(1)

Fines for a first offense for violating these provisions shall not exceed five hundred dollars ($500.00) per violation per day any violation shall continue. Each day any violation of any provision of this Code shall continue constitutes a separate offense.

(2)

The animal shelter director may impose a violation fee for any animal classified as dangerous or vicious as a result of related violations and the cost of investigation. The violation fee shall be three hundred dollars ($300.00). The violation fee is in addition to any other fees or penalties associated with the provisions of this ordinance or imposed by this chapter.

(3)

In addition to any other fee or penalty imposed, the owner of any animal, and any other person violating any provision of this article, shall be guilty of a misdemeanor, and upon conviction of each such offense for each animal or incident before a court of competent jurisdiction shall be fined and/or imprisoned in accordance with the provisions of section 1-10, 1-11 and/or 19-4.

(4)

The minimum fine and imprisonment schedule for any second or subsequent conviction of violation of provisions of this section, shall be as follows:

(i)

Second offense. Fines shall not exceed one thousand dollars ($1,000.00) per violation per day any violation shall continue constituting a separate offense and/or a term of imprisonment of twenty (20) days.

(ii)

Third and subsequent offenses. Fines shall not exceed three thousand dollars ($3,000.00) per violation per day any violation shall continue constituting a separate offense and/or a term of imprisonment of thirty (30) days.

(iii)

Any law enforcement, humane, or animal control officer may issue a citation for any or all violations of this article.

(e)

Administrative hearing officer determinations:

(1)

After a hearing and upon determination by the administrative hearing officer that a violation has occurred, he shall have the authority to impose any penalty allowed by law; in addition to all fines, costs and penalties, the hearing officer shall also require the person to pay all housing fees associated with the impoundment of the animal.

(2)

In cases where an animal is declared to be dangerous, or vicious, the administrative hearing officer shall have the authority to order the muzzling, secure confinement, neutering, spaying, removal from the parish or humane destruction of any such animal and any reasonable restrictions required for the keeping of dangerous or vicious animals permitted by law which he may deem necessary to eliminate any hazard to the public.

(3)

After a hearing and upon determination by the administrative hearing officer that a violation has occurred, in addition to all other penalties, the hearing officer may also order the animal to undergo training by a certified applied animal behaviorist or certified pet dog trainer approved by the director of the animal shelter and any other reasonable penalty to provide for the welfare and safety of the animal and persons who may come into contact with said animal.

(Ord. No. 24117, § 2, 9-21-11)