§ 8-67. Dangerous and vicious dogs.

(a)

Dangerous dogs.

(1)

The animal control center may investigate reported incidents involving dogs that may be dangerous. Upon such investigation, if the director finds the dog to constitute a dangerous dog as defined in this section and section 8-2, said dog shall be so classified. The owner shall receive written notification of the animal control center's classification of the animal. A record of the dog will be maintained in the dangerous dog database and file system at CPAS.

(2)

Appeal process.

a.

Any owner aggrieved by the director's decision to classify the dog as dangerous may appeal that classification to the animal services board within ten days of notification. The appeal must be heard by the animal services board within ten days after the owner has submitted a notice of appeal. The classification of a dog as dangerous shall be revoked only by a majority vote of the animal services board.

b.

Any person aggrieved by any action of the animal services board may appeal said action to the parish commission as stated in section 8-37(e)(2).

c.

If the owner fails to appeal the classification, all restrictions concerning the dangerous dog must be adhered to. Failure to abide by the restrictions will result in the seizure of the dog. Upon seizure, the dog will become property of animal services and disposed of as deemed appropriate by the director.

(3)

The owner of a dog that has been classified as "dangerous" shall abide by the following mandates within 30 days after the dog has been so classified:

a.

A dangerous dog collar supplied by the animal control center shall be purchased and affixed to the dog to be worn at all times.

b.

A computerized microchip will be surgically implanted by the CPAS at the owner's expense. If the dog already has a chip, that chip will be registered with the CPAS.

c.

The owner shall immediately notify the animal control center when a dangerous dog:

1.

Is loose or unconfined;

2.

Has bitten a human being or attacked another animal;

3.

Was sold, given away, or died; or

4.

Has moved to another address.

d.

A dangerous dog must be securely confined indoors or in a securely fenced enclosure and locked pen or structure, suitable to prevent the dog from coming into contact with either a human being other than the owner or any other animal, and designed to prevent the animal from escaping. The pen or structure must have minimum dimensions of six feet by eight feet or an enclosure not less than 48 square feet. Such pen shall have secure sides of sufficient design to prevent the dog from escaping over, under, or through the structure. The enclosures shall provide a humane existence for the dog and protection from the elements. The pen shall meet all of the requirements of a dog pen. The enclosures must be physical in nature, not invisible or electronic.

e.

The owner shall prominently display a sign to be provided by the animal control center at the owner's expense on his premises at all entry points warning that there is a dangerous dog on the property.

f.

A dangerous dog may be off the owner's premises or out of its enclosure only if it is muzzled and restrained by a substantial chain or leash not exceeding four feet in length and under the control of an adult (person who has attained the age of 18 years). The muzzle must be made in a manner that will not cause injury to the dog or interfere with its vision or respiration, but must prevent it from biting any person or animal.

g.

The animal control center, in its discretion, may require a dangerous dog to be spayed or neutered.

h.

The animal control center, in the exercise of its discretion, shall have the authority to make whatever inspections are deemed necessary to ensure that the provisions recited herein are complied with.

i.

Prior to a dangerous dog being sold or given away, the owner shall provide the name, address, and phone number of the new owner to the animal control center. Each owner shall execute a document to be supplied by the animal control center, acknowledging that said owner is aware of the "dangerous dog" classification, and that said owner shall comply with the requirements of this chapter.

j.

An owner of a dangerous dog shall have the option to have said dog humanely euthanized at his expense by the animal control center or licensed veterinarian if said owner is unable to comply with the requirements recited herein.

k.

It shall be unlawful for any person to keep, harbor or possess a dangerous animal on a porch, patio or in any part of a house or building that would allow the animal to exit or escape on its own volition. Screened windows or screened doors alone are considered inadequate.

l.

The animal control center shall have the right to inspect the premises of dangerous animals' enclosures to ensure compliance with this part.

m.

The owner or keeper shall sign a hold-harmless and indemnification clause in favor of the city-parish.

n.

The owning, keeping or harboring of a dangerous animal in violation of this chapter.

o.

If the animal control center reasonably believes that an owner cannot or will not abide by the requirements of subsection (a)(2)c., the dog may be seized.

(4)

Continuation of declaration as a dangerous dog. Any dog which has been declared a dangerous dog by any agency or department of this parish, another parish, municipality, county or state shall be subject to the provisions of this chapter for the remainder of its life. The person who owns or possesses any dog declared a dangerous dog by any parish, municipality, county, or state government must notify Caddo Parish Animal Services, if so delegated, of the dog's address and restrictions of maintenance, within ten days of moving the animal into the parish. The restrictions and conditions of maintenance of any dog declared dangerous by this parish, another parish, city, county or state will continue to remain in force while the dog is in this parish.

(b)

Vicious dogs.

(1)

A dog will not be classified as "vicious" if the threat, injury or damage was sustained by a person who, at the time, was unlawfully on the property with the intent to commit a crime or tort upon the premises occupied by the owner of the dog, or was tormenting, abusing, or assaulting the dog or if the dog was defending or protecting its owner from unjustified attack or assault, or was protecting or defending its young or other animals from harm or attack.

(2)

The animal control center may investigate reported incidents involving dogs that may be vicious. Upon such investigation, if the animal control center finds the dog to constitute a vicious dog as defined in this chapter, said dog shall be so classified. The owner shall receive written notification of the animal control center's classification of the animal. Said notification shall include the procedure for appeal through the animal services board.

(3)

Any dog that has been classified as "vicious" shall be impounded by the animal control center. The animal will be kept at the animal control center and placed in rabies quarantine, if necessary, for the proper length of time, or held for ten days after the owner's receipt of notification, and then shall be euthanized unless the owner initiates an appeal procedure within this ten-day period.

(4)

Appeal process.

a.

The animal will remain impounded at the animal control center until such time as the animal services board hears and decides the appeal of the owner. The appeal must be heard by the animal services board within ten days after the owner has submitted a notice of appeal.

b.

The classification of a dog as "vicious" shall be revoked only by a majority vote of the animal services board. If the board does not revoke the "vicious dog" classification, the dog will be kept an additional ten days pending a request for appeal by the owner. If an appeal is not requested, the dog will then be humanely euthanized at the expense of the owner by the animal control center. If the animal services board revokes the "vicious dog" classification, such dog shall then be classified as "dangerous" and its owner shall be required to comply with subsection (a) of this section. The owner must be present or legally represented at the hearing or any right to the appeal will be deemed waived and the ruling of the director will be final.

c.

Any person aggrieved by any action of the animal services board may appeal said action to the parish commission as stated in section 8-37(e)(2).

d.

The owner will be responsible for payment of all boarding costs and other fees as may be required to humanely and safely keep the animal at the animal control center through the appeals process.

( Ord. No. 5580 , 5-19-2016)