§ 6-26. Restraint; failure to restrain.

(a)

Each owner and/or attendant shall keep his domestic animal under restraint at all times to prevent the escape from his property or person and shall prevent his animal from threatening, attacking, and/or biting any lawfully acting person or animal.

(b)

When off the property of the owner or attendant, every domestic animal must be securely fastened to a leash, in a pet carrier/cage, or in a vehicle.

(c)

Every domestic animal shall be restrained in a humane manner that protects the animal from injury and escape while being transported.

(d)

Every female dog and cat in estrus or "heat" shall be confined by way of a solid barrier such as a wooden fence, inside the owner or attendant's home, or in a veterinary hospital or animal establishment, in such a manner that another not neutered male of the same species cannot come in contact with such dog or cat, except for intentional breeding purposes. Dogs and cats in estrus are banned from being tethered as the sole means of restraint.

(e)

Proper invisible fencing shall have warning signs posted on all sides of the yard warning persons that an animal is present. Signs shall be plainly marked and visible. Domestic animals in estrus, dangerous dogs, and/or domestic animals that have unjustifiably threatened or bitten a human or another animal are banned from utilizing this system. Owners or attendants who have been previously convicted of or plead guilty to the restraint ordinance or similar state law shall not utilize this system except at the discretion of the animal control manager. The owner or attendant is responsible for insuring that the invisible fence is functioning at all times and the domestic animal's collar is on and effectively working.

(f)

It shall be unlawful for any person to bring an animal into any public park and/or playground in the parish without affixing a securely fastened leash to the animal and maintaining a firm grasp on the leash at all times while in the park and/or playground. This shall not apply to parks that are designated as "dog parks".

(g)

Any owner or attendant who violates any provision of this section shall be guilty of failure to restrain.

(1)

For the first offense of this section, and any subsequent offense of this section occurring more than one year from a previous violation of this section, an owner or attendant shall be fined $15.00 for failing to restrain an animal that is vaccinated and spayed/neutered; $35.00 for failing to restrain a unvaccinated spayed/neutered animal; $50.00 for failing to restrain a un-vaccinated un-spayed/un-neutered animal; plus a $5.00 per additional day fee for care and feeding while in the care and custody of St. Martin Parish Animal Control.

(2)

An owner or attendant who commits a second offense of this section within one year of the first offense of this section shall be fined $80.00 for failing to restrain a vaccinated or unvaccinated spayed/neutered animal, $100.00 for failing to restrain an animal that is not vaccinated and not spayed/neutered, and a leash law citation may be issued.

(3)

An owner or attendant who commits a third offense of this section within one year of the previous offense of this section shall be fined $120.00 for failing to restrain a vaccinated or unvaccinated spayed/neutered animal, and $150.00 for failing to restrain an animal that is not vaccinated and not spayed/neutered, and a leash law citation may be issued.

(4)

An owner or attendant who commits fourth and subsequent offenses of this section within one year of the previous offense must surrender the animal for failure to restrain their pet according to R.S. 3:2731, and a leash law citation will be issued.

(5)

Additionally, violators shall pay all court costs and expenses incurred by the parish in the prosecution of these violations and fees may waived or altered by the shelter manager or designee in their absence only.

(Ord. No. 15-12-1125-OR, 12-15-2015)

State law reference

Local regulation of dogs running at large, R.S. 3:2731; state regulation of dogs running at large, R.S. 3:2771, 3:2773 et seq.