C h a p t e r 1 8 M u n i c o d e P r o p o s e d R e v i s i o n s
W hy P r o p o s e Revisions The animal ordinances have not been comprehensively revised in over 15 years. Chapter 18 focuses on: Public Safety Public Health Quality of life Promote humane care for animals
Ve te r i n a r y Fe e d b a c k SLVA Board Members Dr. Gregory Rich, Dr. Brian Ghere Private Practice Veterinarians Dr. Brian Melius, Dr. Audrey Hess Shelter Veterinarians Dr. Kerry Backsen, Dr. Melisse Conway and Dr. Melissa Draper State Public Health Veterinarian and Assistant State Epidemiologist, Member of Animal Welfare Commission Dr. Gary Balsamo
A n i m a l We l fa r e A d v o c a te s Fe e d b a c k Animal Rescue Community Meg Allison (ASPCA) Charlotte Bass (ARNO) Kim Dudeck, (Dag s House and Belladoggie) Ken Foster (Sula Foundation) Kelly Gaus (Dogs of the 9 th Ward) Michelle Ingram (Zeus Place) Giselle Moises (Companion Animal Rescue) Lisa Smith (Project Spay/Neuter- Feral Cats) Audubon Institute Rick Dietz and Debbie Forde Review of laws in other cities and states and Best Practices in Animal Control (NACA)
City Administration s feedback City Attorney s Office City s Department of Public Health
M i n o r c h a n g e s n o t i n c l u d e d i n p r e s e ntation Grammar, spelling, typos Language specificity
1 8. 2. 1 a S ta n d a r d s o f C a r e (6) All cats and dogs must be moved indoors for their safety for the duration of an extreme weather advisory issued for a specific time period by the NOAA s National Weather Service including but not limited to: heat, freeze, tornado, tropical storm, or hurricane. Animals must remain indoors and provided care for the duration of the advisory unless being walked on a leash by their owners, guardian or custodian.
1 8. 2. 1 a S ta n d a r d s o f C a r e Currently animals are only required to be brought indoors for freezing temperatures. The proposed language will now include extreme weather including heat and hurricanes and are based on NOAA warnings.
18.2.1b Tethering b) Tethering. It shall be unlawful to tether a dog in a manner other than the conditions listed. A dog may be restrained to an overhead running line, pulley, or trolley system under the following conditions: (1) The tether is attached to the dog by means of a suitable, properly fitted collar or harness not to exceed 2 inch width or harness. Choke or prong collars are not permitted. (2) The tether must provide access to adequate space for the dog to move about freely and cannot become entangled in such a way that would prevent the dog s mobility or cause strangulation. (3) The tether must allow the dog to lie down with its head flat on the ground and provide an additional 12 inches of slack. (4) The tether is made of a durable, lightweight material that will not cause unnecessary stress on the dog. The tether shall not weigh more than 3% of the dog s total body weight. Thick chains and other heavy lines are prohibited. (5) The tether must allow the dog to move at least 30 feet or the dog must be removed from the tether at least twice a day for exercise and/or socialization for a minimum of 60 minutes each day. (6) The tether cannot inhibit the animal s access to shelter, shade, food and water. (7). No person may tether a dog while she is in heat.
I m p a c t o f Te t h e r i n g 1997 USDA disallowed chaining as the primary source of confinement considering it inhumane. Chained dogs are 2.8 times more likely to bite. Fight or flight instinct turns into fight when the animal is unable to flee. Chained dogs are statistically more dangerous than a pack of free roaming dogs.
C o m p a r i s o n to O t h e r C o m m u n i t i e s 6 states outlaw tethering entirely: California, Nevada, Virginia, Connecticut, Texas, and West Virginia California and Connecticut prohibits tethering a dog to a stationary object, but allows a dog to be tethered for a reasonable period. Texas law states that a reasonable period is one that does not exceed three hours in a 24-hour period, and is no longer than is necessary for the owner to complete a temporary task that requires the dog to be restrained. Indiana defines neglect as restraining an animal for more than a brief period in a manner that endangers the animal's life or health by the use of a rope, chain, or tether. West Virginia and the District of Columbia include cruelty chains in its list of activities that constitute misdemeanor animal cruelty. Delaware law provides that a tether shall be 6 feet or at least 3 times the length of the dog as measured from the tip of its nose to the base of its tail. Indiana and Michigan also require that the tether be three times the length of the dog. Many states and counties require that the tether allow the dog unencumbered access to food, water, and shelter. States that do allow some form of tethering usually require that the tethering must be done in a manner that does not endanger the dog s welfare. Source: http://www.unchainyourdog.org/laws.htm
1 8. 1 4 A n i m a l s to b e c o n f i n e d (d) Cats that, have been spayed or neutered, that are ear tipped, and that are properly vaccinated against rabies may be allowed outside so long as the caregiver collects and removes any fecal matter and the cats do not prove to be a nuisance to neighbors Any cat collected under the provisions of this section shall not be returned to its owner until such time as said owner shall have the cat spayed or neutered, ear tipped, microchipped and vaccinated against rabies and nuisance complaints resolved. Repairing damage caused to private property as well as any required modifications required to abate the nuisance shall be the responsibility of the registered caregiver.
C o m p a r i s o n to o t h e r c o m m u n i t i e s Nationally, communities are moving to manage feral cat colonies by sterilizing and ear tipping rather than removing them. It is much more cost effective for Animal Control to move in this direction as well as more humane Indianapolis, IL, San Diego, CA, Clark Country, NV, - most progressive ordinances Atlantic City, NJ - New Jersey s health dept endorses TNR statewide Jacksonville City, FL actually has a program (Feral Freedom) where 100% of ferals intaken at the shelter are TNR d and released. The clinic is paid for by the county. During an 11-year study of TNR at the University of Florida, the number of cats on campus declined by 66%, with no new kittens being born after the first four years of operation.
18-168 D o g s a n d c a t s to b e va c c i n a te d The owner or keeper of every dog or cat between three and four months old shall, at his expense, have such dog or cat vaccinated by a Louisiana licensed veterinarian with rabies vaccine. Twelve months later, the animal shall be revaccinated. Thereafter, such dog or cat shall be revaccinated every 36 months by a licensed Louisiana veterinarian, under rules and regulations to be prescribed by the director. The veterinarian must provide to the owner the date when the dog or cat must be revaccinated.
1 8. 2 2 7 A n n u a l I s s u a n c e o f c i t y d o g o r c a t l i c e n s e Each licensed veterinarian shall issue to the owner or keeper of a dog or cat an annual municipal dog or cat license on which shall appear the license number assigned to that dog or cat issued with proof of vaccine as specified in section 168.
I m p a c t o n c o m m u n i t y The anti-rabies vaccination is labeled by the manufacturer for three years of protection. The State of Louisiana Board of Veterinary Medicine allows for a 3 year vaccination schedule. Owners will still be required to acquire an annual license from a licensed veterinarian showing the animal is current on its vaccinations. This is similar to getting your brake tag each year even if you don t need a complete tune up.
18-292 D e t e r m i n a t i o n o f p o t e n t i a l l y d a n g e r o u s o r d a n g e r o u s c h a r a c t e r i s t i c s Any dog that when unprovoked shall be deemed potentially dangerous if it: (1) Bites a human being or domestic animal either upon public property or those areas of private property that are unfenced and normally accessible to the public resulting in a minor injury. (2) Chases or approaches a person upon the streets, sidewalks, or public grounds in a terrorizing or menacing fashion or apparent attitude of attack resulting in an injury other than a bite or scratch including damages to the person s personal effects such as clothing. (3) Was rehomed by the Society or nonprofit rescue group with a tax exempt status in which the dog was suspected of being trained or bred for fighting. Designation of potentially dangerous expires 36 months after the classification.
18-292 D e t e r m i n a t i o n o f p o t e n t i a l l y d a n g e r o u s o r d a n g e r o u s c h a r a c t e r i s t i c s Potentially dangerous is a determination that has been used on other communities (like Chicago) that requires owners to take additional precautions when a dog has had a minor incident or chases someone without biting them. Dangerous is an escalation of a problem and requires an actual bite. Current ordinance deems dogs bred for dog fighting considered vicious and must be euthanized.
18-292 D e t e r m i n a t i o n o f p o t e n t i a l l y d a n g e r o u s o r d a n g e r o u s c h a r a c t e r i s t i c s Any dog that when unprovoked, shall be deemed a dangerous dog if it: (1) Bites on a human being or domestic animal resulting in a moderate injury. (2) Any dog previously classified as potentially dangerous dog which commits a second violation without provocation resulting in either a minor or moderate injury. (3) Bites or injures animals or persons authorized to enter upon the owner's premises such as letter carriers, meter readers, trash collectors, repair persons, delivery persons business customers or persons invited to enter by the owner or keeper provided that persons authorized to enter upon the owner's premises shall not include unauthorized intruders such as burglars or trespassers in the owner's business, house or apartment or within a fenced area on the premises not normally accessible to the public.
18-292. D e te r m i n a t i o n o f p o te ntially d a n g e r o u s o r d a n g e r o u s c h a ra c te r i s t i c s Dog 1 st bite resulting in minor injury; or chases or threatens Dog 2 nd incident after being deemed potentially dangerous or 1 st bite resulting in moderate injury Dog 2 nd bite after being deemed dangerous or 1 st bite resulting in severe injury or death
18-296 P r o p e r h a n d l i n g o f a p o te ntially d a n g e r o u s d o g (a) Must be under the supervision and control of an owner over 16 years old when off of the owner s property. (b) The dog can only be walked with a secure collar and a leash not to exceed 6 feet in length. The dog may not be taken to any public or private dog parks (c) Based on the size and behavior of the dog, the owner may be required to muzzle the dog in a manner that prevents the dog from biting but shall not injure the dog or interfere with its vision or respiration when it is on public property or those areas of private property that are unfenced and normally accessible to the public. (d) The dog must be spayed or neutered and microchipped at the owner s expense prior to being returned to the owner unless it is certified as unfit for surgery with documentation provided by a Louisiana Licensed veterinarian with a specific diagnosis. (e) The dog must be evaluated by a board certified veterinary behaviorist, certified animal behaviorist or recognized expert and must successfully complete training and any other treatment as deemed by the expert at the owners expense. (f) The owner shall pay the victim for documented damages to the victim. If the owner is unable to pay for the damages, the dog will become the property of the Society.
18-297 P r o p e r e n c l o s u r e a n d r e q u i r e m e n t s f o r ke e p i n g a d a n g e r o u s d o g (c)indoor confinement is a room that is secured by a deadbolt lock to which owner has a key. The animal must remain in this room and it must remain locked when anyone is entering or exiting the house or when someone outside of the immediate family is inside the house. The room size will be determined by the size of the animal or animals being housed and must be reviewed and approved by the Society. (d) The animal must not be walked in public parks, public or private dog parks, on public sidewalks or any areas outside of the owner s property except to go to the veterinarian. The animal shall be muzzled in a manner that prevents the dog from biting but shall not injure the dog or interfere with its vision or respiration and in the direct control of the owner over 16 years old with a secure collar and a leash no longer than 6 feet in length when traveling to or from the veterinarian. (e) The dog must be spayed or neutered and micro-chipped at the owner s expense prior to being returned to the owner unless it is certified as unfit for surgery with documentation provided by a Louisiana Licensed veterinarian with a specific diagnosis. (f) The dog must be evaluated by a board certified veterinary behaviorist, certified animal behaviorist or recognized expert and must successfully complete training and any other treatment as deemed by the expert at the owner s expense. (g) The owner shall pay for documented damages to the victim. If the owner is unable to pay for the damages, the dog will become the property of the Society
18-297 P r o p e r e n c l o s u r e a n d r e q u i r e m e n t s f o r ke e p i n g a d a n g e r o u s d o g (h)the Society shall be notified by the owner if owner is moving animal or animals to new housing. Society will need to perform Dangerous Dog housing inspection at new residence if within Orleans Parish. (i) An animal that has been deemed dangerous in another parish or state, must register with the Society and meet the same requirements listed above. An animal that has been deemed vicious in another parish or state may not be housed in Orleans Parish. (j) A sign indicating that a dangerous dog is housed must be visible from the street and affixed to the exterior fence or on the front door if no fence is available. The sign must be at least 8 x 11 with letters no smaller than 3 inches high. (k) The owner shall pay an annual $100 fee to the Society for the inspection of compliance with the requirements. (l) No more than two dogs may be kept on a property if either or both of the dogs have been deemed dangerous.
18-296 P r o p e r h a n d i n g o f p o t e n t i a l l y d a n g e r o u s d o g This provides for specific housing requirements for a dog that is deemed dangerous. The requirements are intended to prohibit the dog from coming into contact with strangers or causing bodily harm to a person or another animal. In practice, all but the signage is already required by the Society but the ordinance has not had this level of specificity. In Orleans Parish, January August 2012 10 Owners have been charged with owning a dangerous dog 2 Owners have been changed with owning a vicious dog
18-309 G ra nting a Pe r m i t (7) Upon approval of his/her application, the applicant must pay the initial $75.00 permit application fee plus the $20.00 annual permit fee. The annual intact permit renewal fee will be $20.00, due and payable at the end of the 12 month period.
18-309 G ra nting a Pe r m i t Currently it is less expensive to keep an animal intact with a permit than to spay/neuter it. Our goal is to make the cost comparable to the cost of spay/neuter surgery. This year, we have had 111 applications for intact permit. Of which 44 were pit bull terriers and bully breeds. We have also had 101 owner redemptions opt for spay/neuter rather than intact permit. 30 were pit bull terriers and bully breeds.
P r o p o s e d F i n e s a n d Fe e C h a n g e s 18.56 Compensation of Society (schedule of fees) 18.113 Permit Fees (for circus or exhibitions) 18.167 (d) Impoundment of animal that bites a person (Inspection fee for at home quarantine 18.297 (k) Proper Enclosure for Dangerous dog (inspection fee) 18.309 (d)(7) Granting or denying permit (application fee)
N o t i n c l u d e d i n C h a p te r 1 8 Noise complaints involving animals Zoning/Code enforcement Number of animals per household Zoning/Code Enforcement
P u b l i c M e e t i n g s Wednesday, October 24, 2012 Time: 6PM Location: City Council Chambers Thursday, November 1, 2012 Time: 6PM Location: LA/SPCA 1700 Mardi Gras Blvd., Algiers http://la-spca.org/chapter18
Questions and Comments can be submitted to info@la-spca.org www.la -spca.org