§ 5-9. Dangerous and vicious animals.

(a)

No owner shall keep or permit to be kept within the corporate limits of the City of Bogalusa any fierce, savage, dangerous, wild or vicious animal other than in accordance with the provisions of this section.

(b)

As used in this section, the following words and terms shall have the following meanings, unless the context shall clearly indicate another or different meaning or intent.

(1)

Vicious dog means:

a.

Any dog that when unprovoked inflicts bites on or attacks a human being or other animal either on public or private property, or in a vicious or terrorizing manner, approaches any person in an apparent attitude of attack upon the streets, sidewalks, or public grounds or places of this city;

b.

Any dog with a known propensity, tendency or disposition to attack unprovoked, to cause injury or to otherwise endanger the safety of human beings or domestic animals;

c.

Any dog which attacks a human being or domestic animal without provocation;

d.

Any dog owned or harbored primarily or in part for the purpose of dog fighting or any dog trained for dog fighting.

(2)

Provisions for keeping or enclosing dangerous or vicious animals:

a.

Enclosure means a fence or structure of at least six (6) feet in height, forming or causing an enclosure suitable to prevent the entry of young children, and suitable to confine a vicious dog in conjunction with other measures which may be taken by the owner or keeper of the animal, such as tethering. Such enclosures shall be securely closed and locked at all times and shall have secure sides and a secure top attached to its sides. Such structures shall further have a secure bottom or floor attached to the sides or alternatively, having the sides embedded no less than thirty (30) inches into the ground.

b.

When a dog is kept tethered on a rope or chain, it must have adequate housing suitable for the animal. The enclosure must be at least two (2) times the size of the animal to be sufficient for the dog to get out of inclimate weather. This will insure the dog will have adequate shelter to be housed. Failure to provide adequate shelter for the animal will result in a written warning first and if there is a second offense, a fine of fifty dollars ($50.00); and if not properly housed, the dog or dogs will be removed by the animal control officer and held for three (3) days in order to comply with proper housing. Failure to comply with proper housing will result in the dog or dogs being put up for adoption. Also food and fresh water must be kept in or around where the dog is kept, and it must be able to get to the food and water at all times. Failure to do this will result in removing of the animal or animals from the premises. No dog or dogs will be kept and not properly fed or watered. If the animal control officer finds that the animal is being abused, there will be a five hundred dollar ($500.00) fine and the owner will lose the animal being abused. No abuse of an animal will be allowed at any time if kept tethered or running loose in a fenced or compound yard.

(3)

Animal control officer means any person authorized by the City of Bogalusa to enforce the provisions of this section and, without limitation, shall include all members of the Bogalusa Police Department and all officers and employees of the Washington Parish Humane Society.

No dog or dogs should prohibit or impede any emergency personnel, police, sheriff or fire personnel to enter the property at the home of emergency or investigation. All dog or dogs should be at least thirty (30) feet from all entrance ways while tied or tethered at the residence. This will give adequate and safe clearance for the personnel to enter property and no harm will come to the personnel while entering the property. If a dog is running loose in a fenced compound, a sign must be displayed at all entrances to the property. This will ensure the dog's safety along with people entering property that the dog has been deemed vicious and will let all parties know of the dog's viciousness. A warning sign should be posted that the dog is vicious. If the dog is deemed to be vicious or dangerous to the public, a telephone number should be listed on the sign so that if a person or persons enter the property unannounced or uninvited, they may call the owners before entering the property, so safe passage can be permitted if permission is granted.

(4)

Impounded means taken into the custody of the city or the Washington Parish Humane Society.

(5)

Person means any legal or natural person, and shall include, but not be limited to, corporations, firms, partnerships and other like juridical entities.

(c)

Requirements for registration and harboring.

(1)

No vicious dog shall be licensed by the city or have an existing license renewed after the effective date of this section unless the owner or keeper of said vicious dog shall meet the following requirements.

(2)

The owner or keeper shall present to the police department proof that the owner or keeper has procured liability insurance in the amount of at least two hundred thousand dollars ($200,000.00) covering any damage or injury which may be caused by said vicious dog during the period for which licensing is sought. Said policy of insurance shall contained a provision requiring that the city is named as an additional insured or such other provisions as will require that the insurer notify the city in writing no less that ten (10) days prior to any cancellation, termination or expiration of coverage.

(3)

The owner or keeper shall have the registration number assigned to the vicious dog tattooed inside the ear or the inner rear flank by a licensed veterinarian. For purpose of this provision, the term "tattoo" shall mean any permanent numbering of a vicious dog by means of indelible or permanent ink or any other permanent, acceptable method of tattooing.

(4)

The owner or keeper of the vicious dog shall display in a prominent place on the premises on which the dog is kept a sign easily readable by members of the general public and fairly intelligible to young children standing without the boundaries of those premises warning that there is a vicious dog on the premises. A similar sign shall also be posted on the pen, kennel, or other structure or enclosure in which the dog is housed or confined.

(d)

Prior to the issuance or renewal of a license for a vicious dog, its owner or keeper shall sign a statement attesting under oath that:

(1)

The owner or keeper shall maintain and shall not voluntarily cancel the liability insurance required by this section during the period for which licensing is sought, unless the owner or keeper shall cease to own or keep the vicious dog prior to the expiration of the license;

(2)

The owner or keeper shall, on or prior to the effective date of the license for which application is being made, have a suitable enclosure as required by the provisions of this section for the harboring of the vicious dog on the premises where the vicious dog will be kept or maintained;

(3)

The owner or keeper shall notify the police department within twenty-four (24) hours whenever a vicious dog is on the loose, is unconfined, has attacked another animal, or has attacked a human, has died, has been sold or given away, or has been relocated for keeping or maintenance to another premises within the corporate limits of this city. If a vicious dog has been sold or given away to someone who is a resident of this city, the owner or keeper shall also provide the police department with the name, address and telephone numbers of the new owner of the vicious dog.

(e)

Prior to the issuance or renewal of any license for a vicious dog, its owner shall submit to the police department a minimum of two (2) color photographs of the dog clearly depicting its color, approximate size and facial characteristics.

(f)

Control of vicious dogs.

(1)

All vicious dogs shall be confined in an enclosure which meets the requirements set forth under the provisions of this section. It shall be unlawful for any owner or keeper to maintain a vicious dog upon any premises which does not have such a locked enclosure.

(2)

It shall be unlawful for any owner or keeper to allow any vicious dog to be outside of the dwelling of the owner or keeper or outside of the enclosure unless it is necessary for the owner or keeper to obtain veterinary care for the vicious dog, or to sell or give away the vicious dog, or to comply with the commands or directions of the dog officer with respect to the vicious dog or for the dog to be exercised in accordance with the provisions of this section.

Whenever the vicious dog is allowed outside of the owner's or keeper's dwelling or outside of its enclosure, the dog shall be securely muzzled by a muzzling device sufficient to prevent the dog from biting persons or other animals and the dog shall be restrained with a chain having a minimum tensile strength of three hundred (300) pounds and not exceeding three (3) feet in length. Further, the dog shall be kept under the direct control and supervision of its owner or keeper at all times. The requirements of this section for the maintenance of physical control over the dog shall not be satisfied by the mere chaining, roping, leashing or similar restraining of the animal to inanimate objects such as stakes, trees, posts, buildings or lines.

(3)

The owner or keeper of any dog which, subsequent to the issuance of a license by the city, is found to have exhibited any of the characteristics of viciousness set forth in subsection (b)(1) of this section shall:

a.

Within thirty (30) days of the finding of viciousness provide an enclosure for the dog;

b.

Within fifteen (15) days of the finding of viciousness: (i) submit to the police department proof of obtaining the liability insurance coverage required under the provisions of subsection (c)(2) of this section; (ii) have the animal tattooed in accordance with the provisions of subsection (c)(3) of this section; (iii) display the warning signs required under the provisions of subsection (c)(4) of this section; and (iv) submit to the police department the photographs of the animal required under the provisions of subsection (e) of this section.

Any dog alleged to have committed a vicious act shall be confined or restrained in accordance with the provisions of this section pending the final determination of the viciousness of the dog as based upon the alleged incident. A dog determined to be vicious shall be similarly confined and restrained pending its owner's or keeper's compliance with the provisions of this section.

(4)

Reserved.

(5)

The provisions of this section, other than the reporting requirements, shall not apply to proprietors of animal hospitals located within the corporate limits of the City of Bogalusa or to veterinarians maintaining professional offices or clinics within the corporate limits of the City of Bogalusa who keep or maintain dangerous or vicious animals on their professional premises in the usual and normal course of their business, or to zoological gardens, theatrical exhibits or circuses, provided that such animal hospital, veterinarian, zoological garden, theatrical exhibit or circus possesses all licenses required by the laws of this city and state and complies with all other regulations concerning the keeping and maintaining of such animals.

(6)

Penalty . Any person found guilty of violating any of the provisions of this section, other than the provisions of subsection (b)(2)b. of this section, shall, for each violation, be fined not less than two hundred fifty dollars ($250.00) nor more than five hundred dollars ($500.00), be imprisoned in the city jail for not more than sixty (60) days, or both.

(Code 1955, §§ 6-14, 6-15; Ord. No. 2066, 6-3-2008; Ord. No. 2066, 6-3-2008)

State law reference

Seizure of dogs running at large and authorizing any citizen to kill dangerous dog not registered as provided by law, R.S. 3:2773.