§ 3-42. Definitions.  


Latest version.
  • [For the purposes of this article, the following words and phrases shall have the meanings respectively ascribed to them:]

    Adult dog means any dog, male or female, seven (7) months of age or older.

    Allow means to permit by neglecting to restrain or prevent.

    Animal shall have its customary common meaning and shall include dogs where applicable.

    Animal control authority/department means any employee of the animal control department that is deputized by the Ouachita Parish Police Jury for the purpose of enforcing this title and laws of the state as they pertain to animal control and welfare.

    Animal shelter [means] a facility used to care for the homeless, stray or unwanted animals by a governmental entity or authorized animal welfare society, and may include more than one location.

    At large means to be off the premises of the owner and not under the control of either the owner or a person authorized by the owner.

    Dangerous animal means any animal which constitutes a physical threat to human beings or other domestic animals by virtue of a known propensity to endanger life by an unprovoked assault or bite so as to cause serious bodily harm. Also, this term shall include an animal trained, owned or harbored for the purpose, primarily or in part, of animal fighting.

    Exceptions: An animal shall not be deemed dangerous when the following instances occur:

    (1)

    It bites, attacks, or menaces:

    a.

    Anyone assaulting the owner; or

    b.

    A trespasser on the property of the owner; or

    c.

    Any person or other animal who has tormented or abused it; or

    (2)

    It is otherwise acting in defense of an attack from a person or other animal upon the owner or other person; or

    (3)

    It is protecting or defending its young or another animal.

    Dangerous dog means any dog that, according to the records of the appropriate authority:

    (1)

    Has inflicted severe injury on a human being, without provocation, on public or private property, except that of the owner;

    (2)

    Has killed a domestic animal without provocation while off the owner's property; or

    (3)

    Has been previously found to be potentially dangerous, the owner having received notice of such, and the dog subsequently aggressively bites, attacks, or endangers the safety of humans or domestic animals.

    Director means the head administrative official of the animal control authority or department, that has been authorized by the Ouachita Parish Police Jury.

    Dog means any member, male or female, of the family canis familiaris or any dog appearing animal that is kept as a domestic pet.

    Harboring means the actions of any occupant of any premises on which an animal remains or to which customarily returns daily for food and care for a period of fourteen (14) days. Such occupant shall be presumed to be harboring or keeping the animal within the means of this article.

    Leash shall mean a chain, rope, leather strap or cord or sufficient tether that will humanely bind the dog directly to the owner or keeper and prevent such dog from moving free of the owner's or keeper's immediate control.

    Livestock means horses, cattle, sheep, goats, swine, donkeys and mules.

    Owner means any person, firm, corporation, organization or department possessing, harboring, keeping having any interest in, or having control or custody of an animal.

    Pet shop is any establishment or premises maintained for the purchase, sale or exchange of pets of any type.

    Potentially dangerous dog means any dog that when unprovoked:

    (1)

    Inflicts bites on a human other than its owner or on a domestic animal either on public or private property; or

    (2)

    Chases or approaches a person upon the streets, sidewalks, or any public grounds in a menacing fashion or apparent attitude of attack, or any dog with a known propensity, tendency, or disposition to attack unprovoked, to cause injury, or to cause injury or otherwise to threaten the safety of humans or domestic animals.

    Exceptions: An animal shall not be deemed dangerous when the following instances occur:

    (1)

    It bites, attacks, or menaces:

    a.

    Anyone assaulting the owner; or

    b.

    Anyone trespassing on the property of the owner; or

    a.

    Any person or other animal who has tormented or abused it;

    (2)

    It is otherwise acting in defense of an attack from a person or other animal upon the owner or other person; or

    (3)

    It is protecting or defending its young or another animal.

    Severe injury means any physical injury that results in broken bones or disfiguring lacerations requiring multiple sutures or cosmetic surgery.

    Stray animal means any unidentified dog, cat or other animal, whose owner is unknown or who has no owner, which is declared by the animal control authority to be a nuisance. For the purpose of this section, stray dog or stray animal means any dog, cat or other animal appearing or remaining in a neighborhood or any public place without an apparent home.

    Under control means that the owner or keeper, by means of a leash, restrains the dog to the owner or keeper's immediate proximity, preventing the dog from trespassing upon property or annoying or chasing other persons, animals, or vehicles of any sort.

(Ord. No. 8252, § 3.2, 4-22-92)