CROWLEY, LOUISIANA
JUNE 18, 2002
THE ACADIA PARISH POLICE JURY met on the above date at 6:30 p.m., in the Police Jury Meeting Room, Courthouse Building, Crowley, Louisiana, in regular session with the President, Claude Courville, presiding. At the request of the President, a moment of silence was offered and the Pledge to the Flag was recited in unison. The roll was called and final attendance was recorded as follows:
ALTON STEVENSON
CATHERINE LACOMBE
JOHN HUMBLE SR
CECELIA BROUSSARD
JIMMIE PELLERIN
JOHN BEARD
PAT DAIGLE
CLAUDE COURVILLE
A motion was offered by Mrs. Catherine LaCombe, seconded by Mr. Pat Daigle, to approve an amended agenda that included a revision to the sale of property in the Crowley/Rayne Industrial Park and the removal of Item 7. Motion carried.
A motion was offered by Mr. Jimmie Pellerin, seconded by Mr. Alton Stevenson, to approve the Minutes of the June 4, 2002, Regular Police Jury Meeting. Motion carried.
Veterans Affairs Officer Mr. Al Leger, complimented the Police Jury and Police Jury employees on the recent improvements made to their office complex.
Senator Fred Hoyt provided details on the 2002 Regular Legislative Session. Highlights included the distribution of new revenue, rollback of taxes and funding for local road and bridge projects. He was reminded of the assistance needed to repair certain Parish bridges.
Ms. Sabrina Salling, Governmental Services representative with CLECO Power, LLC, introduced right-of-way specialist Chuck Broussard.
RESOLUTION
BY: MRS CECELIA BROUSSARD AND MR PAT DAIGLE
WHEREAS, a resolution of the Acadia Parish Police Jury dated May 21, 2002, authorized the sale of 1.319 acres in the Crowley/Rayne Industrial Park to Mr. Barry Prevost to relocate an existing business enterprise, and
WHEREAS, .51 acres south of and adjacent to said property was reserved for future development, and
WHEREAS, request to purchase remaining acreage situated in the northeast portion of the property alters the need for future development.
THEREFORE, BE IT RESOLVED by the Acadia Parish Police Jury in regular session duly convened on this the 18th day of June, 2002, does hereby extend an option to purchase the referenced .51 acres to Mr. Barry Prevost at a cost of $8,500 per acre subject to the sale of the remaining property.
ADOPTED: JUNE 18, 2002
ATTEST:
/s/ Katry Martin /s/ Claude J. Courville
KATRY MARTIN CLAUDE J. COURVILLE
SECRETARY-TREASURER PRESIDENT
ELECTIONS
The request to amend the amount paid for precinct rental leases was deferred pending additional information.
INSURANCE
A motion was offered by Mr. John Humble, Sr., seconded by Mrs. Catherine LaCombe, to authorize the staff to prepare a request for proposals for employee health insurance in consultation with the Personnel Committee.
PUBLIC SAFETY
A motion was offered by Mr. Pat Daigle, seconded by Mrs. Cecelia Broussard, to authorize the introduction of an ordinance to regulate and restrict the keeping of dangerous dogs, to provide for definitions thereof, to provide for procedures to declare such animals dangerous, to provide for the impounding and destruction of such animals kept in violation of the ordinance, to provide for penalties therefor, and to provide for all related matters thereof, and to repeal all ordinance or parts of ordinances in conflict therewith or contrary hereto and to authorize a public hearing on said ordinance Tuesday, July 16, 2002, 6:00 P.M., Police Jury Meeting Room, Courthouse Building, Crowley, Louisiana, at which time all comments will be made part of the record. Motion carried.
ORDINANCE NO. ___________
AN ORDINANCE TO REGULATE AND RESTRICT THE KEEPING
OF DANGEROUS DOGS, TO PROVIDE FOR DEFINITIONS
THEREOF, TO PROVIDE FOR PROCEDURES TO DECLARE
SUCH ANIMALS DANGEROUS, TO PROVIDE FOR THE
IMPOUNDING AND DESTRUCTION OF SUCH ANIMALS KEPT
IN VIOLATION OF THE ORDINANCE, TO PROVIDE FOR
PENALTIES THEREFOR, AND TO PROVIDE FOR ALL RELATED
MATTERS THEREOF, AND TO REPEAL ALL ORDINANCES OR
PARTS OF ORDINANCES IN CONFLICT THEREWITH OR
CONTRARY HERETO.
WHEREAS, the Acadia Parish Police Jury finds that aggressive and vicious dogs represent a risk of serious harm or death to human beings; and
WHEREAS, this ordinance has been duly introduced and notice of this ordinance and notice of public hearing having been published; and
WHEREAS, a public hearing having been held in accordance with law on the _____ day of _____________, 2002 at ________ p.m.;
NOW THEREFORE, BE IT ORDAINED BY THE ACADIA PARISH POLICE JURY, IN REGULAR SESSION DULY CONVENED, that:
SECTION 1: DANGEROUS DOGS.
This Ordinance is adopted to promote the public health, safety and general welfare of the citizens of Acadia Parish. It is intended to be applicable to “dangerous” dogs as defined herein, and to regulate dogs that are commonly referred to as “pit bulls”, as defined herein, by ensuring responsible handling by their owners through registration, confinement, and liability insurance.
SECTION 2: DEFINITIONS.
When used in the Ordinance, the following words, terms and phrases, and their derivations shall have the meanings ascribed to them in this Section, except where the content clearly indicates a different meaning:
(a) Animal Control Officer means any person employed or appointed by the Parish (including duly commissioned police officers), who is authorized to investigate and enforce violations relating to animal control or cruelty under the provision of this Ordinance.
(b) At Large means that a dog is not under the direct control of the owner.
(c) Dangerous Dog means any dog that, because of its aggressive nature, training or characteristic behavior, presents a risk of serious physical harm or death to human beings, or would constitute a danger to human life, physical well-being, or property if not kept under the direct control of the owner. This definition shall not apply to dogs utilized by law enforcement officers in the performance of their duties. The term “dangerous dog” includes any dog that according to the records of the Department of Animal Control or any law enforcement agency:
1. Has aggressively bitten, endangered, or inflicted severe injury on a human being on public or private property, or when unprovoked, has chased or approached a person upon the street, sidewalks, or any public grounds in a menacing fashion or apparent attitude of attack, provided that such actions are attested to in a sworn statement by one or more persons and dutifully investigated by any of the above-referenced authorities;
2. Has more than once severely injured or killed a domestic animal while off the owner’s property; or
3. Has been used primarily or in part for the purpose of dog fighting, or is a dog trained for dog fighting.
(d) Direct control means immediate, continuous physical control of a dog such as by means of a leash, cord, secure fence, or chain of such strength to restrain the dog and controlled by a person capable of restraining the dog, or safe and secure restraint within a vehicle. If the controlling person is at all times fully and clearly within unobstructed sight and bearing of the dog, voice control shall be considered direct control when the dog is actually participating in training or in an official showing, obedience, or field event. Direct control shall not be required of dogs actually participating in a legal sport in an authorized area or to government police dogs.
(e) Director means the Acadia Parish Sheriff’s Office.
(f) Impoundment means taking or picking up and confining of an animal by any police officer, animal control officer or any other public officer under the provisions of this Ordinance.
(g) Muzzle means a device constructed of strong, soft material or of metal designed to fasten over the mouth of an animal to prevent the animal from biting any person or other animal.
(h) Pit Bull Dog means and includes any of the following dogs:
(1) The Staffordshire Bull Terrier breed of dogs.
(2) The American Staffordshire Terrier breed of dogs.
(3) The American Pit Bull Terrier breed of dogs.
(4) Dogs that have the appearance and characteristics of being predominately of breeds of dogs known as Staffordshire Bull Terrier, American Pit Bull Terrier, or American Staffordshire Terrier.
(i) Owner means any person, partnership, corporation or other legal entity owning, harboring, or keeping any animal, or in the case of a person under the age of eighteen (18), that person’s parent or legal guardian. An animal shall be deemed to be harbored if it is fed or, sheltered for three (3) or more consecutive days. This definition shall not apply to any veterinary clinic or boarding kennel.
(j) Sanitary condition means a condition of good order and cleanliness to minimize the possibility of disease transmission.
(k) Under restraint means that an animal is secured by a leash, led under the control of a person physically capable of restraining the animal and obedient to that person’s commands, or securely enclosed within the real property limits of the owner’s premises.
SECTION 3: PROCEDURE FOR DECLARING A DOG DANGEROUS.
(a) Animal control officer or any adult person may request under oath that a dog be classified as dangerous as defined in Section 2(c) by submitting a sworn written complaint on a form approved by the Director of the Department of Animal Control. Upon receipt of such complaint, the Director shall notify the owner of the dog that a complaint has been filed and that an investigation into the allegations as set forth in the complaint will be conducted.
(b) At the conclusion of an investigation, the Director may:
(1) Determine that the dog is not dangerous and, if the dog is impounded, waive any impoundment fees incurred and release the dog to its owner; or
(2) Determine that the dog is dangerous and order the owner to comply with the requirements for keeping dangerous dogs set forth in Section 7, and if the dog is impounded, release the dog to its owner after the owner has paid all fees incurred for the impoundment. If all impoundment fees have not been paid within (10) business days after a final determination that a dog is dangerous, the Director may cause the dog to be humanely destroyed.
SECTION 4: NOTIFICATION OF DANGEROUS DOG DECLARATION.
(a) Within five (5) business days after declaring a dog dangerous, the Director shall notify the owner by certified mail of the dog’s designation as a dangerous dog and any specific restrictions and conditions for keeping the dog, as set forth in Section 7 of this Ordinance. The Director also shall notify the Chief Executive and the Police Department of the designation of any dog as a dangerous dog. Such notifications shall describe the dog and specifically any particular requirements or conditions placed upon the dog owner.
(b) The notice shall inform the dog owner that he may request, in writing, a hearing the contest the Director’s finding and designation within five (5) business bays after delivery of the dangerous dog declaration notice.
(c) If the Director cannot with the diligence locate the owner of a dog that has been seized pursuant to this Ordinance, the Director shall cause the dog to be impounded for not less than five (5) business days. If after five (5) days, the owner fails to claim the dog, the Director may cause the dog to be humanely destroyed.
SECTION 5: HEARING ON DANGEROUS DOG DECLARATION.
(a) The Department of Animal Control shall hold a hearing within fifteen (15) business days after receiving the dog owner’s written request for such a hearing. The Department shall provide notice of the date, time and location of the hearing to the dog owner by certified mail and to the complainant by regular mail.
(b) At a hearing, all interest persons shall be given the opportunity to present evidence on the issue of the dog’s dangerousness. Criteria to be considered in a hearing required by this Section shall include but not be limited to the following:
(1) Provocation;
(2) Severity of attack or injury to a person or domestic animal;
(3) Previous aggressive history of the dog;
(4) Observable behavior of the dog;
(5) Site and circumstances of the incident, and
(6) Statements from interested parties.
(c) A determination at a hearing that the dog is in fact a dangerous dog as defined in Section 2(c) shall subject the dog and its owner to the provisions of this Ordinance.
(d) Failure of the dog owner to request a hearing shall result in the dog being finally declared a dangerous dog and shall subject the dog and its owner to the provisions of this Ordinance.
SECTION 6: APPEAL FROM DANGEROUS DECLARATION.
If the Director determines that a dog is dangerous at the conclusion of a hearing conducted under Section 5, that decision shall be final unless the dog owner applies to a court of competent jurisdiction for any remedies that may be available within ten (10) days after receiving notice that the dog has been finally declared dangerous. The appeal must be a trial de novo and shall be a civil proceeding for the purpose of affirming or reversing the Director’s determination of dangerousness.
SECTION 7: KEEPING THE DANGEROUS DOGS.
The keeping of dangerous dogs is defined in Section 2 (c) shall be subject to the following requirements:
(a) Leash. No person having charge, custody, control or possession of a dangerous dog shall allow the dog to exit its kennel, pen or other proper enclosure unless such dog is securely attached to a leash not more than four (4) feet in length. No such person shall permit a dangerous dog to be kept on a chain, rope or other type of leash outside its kennel or pen unless a person capable of controlling the dog is in physical control of the leash.
(b) Muzzle. It shall be unlawful for any owner or keeper of a dangerous dog to allow the dog to be outside of its proper enclosure unless it is necessary for the dog to receive veterinary care of exercise. In such cases, the dog shall wear a properly fitted muzzle to prevent it from biting humans or other animals. Such muzzle shall not interfere with the dog’s breathing or vision.
(c) Confinement. Except when leashed and muzzled as provided in this Section, a dangerous dog shall be securely confined indoors or confined in a locked pen or other secure enclosure that is suitable to prevent the entry of children and is designed to prevent the dog from escaping. The enclosure shall include shelter and protection from the elements and shall provide adequate exercise room, light and ventilation. The enclosed structure shall be kept in a clean and sanitary condition and shall meet the following requirements:
(1) The structure must have secure sides and a secure top, or all sides must be at least eight (8) feet high;
(2) Dog must also be on chain in kennel;
(3) The structure must have a bottom permanently attached to the sides or the sides must be embedded not less than one (1) foot into the ground; and
(4) The structure must be of such material and closed in such a manner that the dog cannot exit the enclosure on its own.
(d) Indoor Confinement. No dangerous dog shall be kept on a porch, patio or in any part of the house or structure that would allow the dog to exit such building on its own violation. In addition, no such dog shall be kept in a house or structure when the windows or screen doors are the only obstacle preventing the dog from exiting the structure.
(e) Signs. All owners, keepers or haborers of dangerous dogs shall dis play in a prominent place on their premises a sign easily readable by the public using the words “Beware of Dog.”
(f) Animals Born of Registered Dogs. All offspring born of dangerous dogs registered with the Department of Animals Control also must be registered with the Department within six (6) weeks of birth.
(g) Notification of Escape. The owner or keeper of a dangerous dog shall notify the Department of Animal Control immediately if such dog escapes from its enclosure or restraint and is at large. Such immediate notification shall also be required if the dog bites or attacks a person or domestic animal.
(h) Failure to Comply. It shall be unlawful and a misdemeanor for any owner of a dangerous dog registered with the Department of Animal Control to fail to comply with the requirements and conditions set forth in this Section. Any dog found to be in violation of this Section shall be subject to immediate seizure and impoundment. In addition, failure to comply with the requirements and conditions set forth in this Ordinance shall result in the revocation of the dog’s license and the permit providing for the keeping of such animal.
SECTION 8: PERMIT AND TAG REQUIREMENT FOR A DANGEROUS DOG.
(a) The owner of a dangerous dog shall, within three (3) business days after the classification of the dog as dangerous or upon acquisition of such a dog, obtain an annual permit from the Department of Animal Control to harbor the dog. The fee for such permit shall be fifty dollars ($50.00) per year.
(b) At the time the permit is issued a red circular tag shall be issued to the owner of the dangerous dog. The tag shall be worn at all times by the dog to clearly and easily identify it as a dangerous dog.
(c) The permit for maintaining a dangerous dog shall be presented to an animal control officer upon demand.
SECTION 9: PIT BULL DOGS PRESUMED DANGEROUS.
There shall be an irrefutable presumption that any dog registered with the Department of Animal Control as a pit bull dog is a dangerous dog and is therefore subject to the requirements of this Ordinance.
SECTION 10: NOTIFICATION OF INTENT TO IMPOUND.
(a) When the Director of Animal Control or his designee intend to impound a dog declared to be dangerous for violation of Section 7, he shall notify the owner or custodian of the dog, by certified mail, of the intended impoundment at least five (5) business days prior to the intended impoundment, except as provided in Section 11.
(b) The notice of intent to impound shall inform the owner or custodian of the dog that he may request in writing, within five (5) business days prior to the intended impoundment, a hearing to contest the intended impoundment and finding of violation.
(c) Upon request by the owner or custodian of the dog for a hearing pursuant to subsection (b), a hearing shall be held within ten (10) business days after the request for a hearing. Notice of the date, time and location of the hearing shall be provided by certified mail to the dog’s owner or custodian requesting such hearing.
(d) If the owner or custodian requests a hearing pursuant to subsection (b), no impoundment shall take place until conclusion of the hearing, except as authorized in Section 11.
SECTION 11: IMMEDIATE IMPOUNDMENT.
(a) A dog declared to be dangerous may be immediately impounded without a pre-impoundment hearing when the Director of Animal Control or his designee determines such immediate impoundment is necessary for the protection of public health or safety. Such immediate impoundment may be ordered for violation of Section 7 or when the dog bites a person or domestic animal.
(b) The owner or custodian of the dog immediately impounded pursuant to subsection (a) shall be notified of the impoundment by certified mail within five (5) business days after the dog’s impoundment.
(c) The notice of impoundment shall inform the owner or custodian of the dog that he may request, in writing, a hearing to contest the impoundment within five (5) business days after the mailing of the notice of impoundment.
(d) Upon request by the owner or custodian of the dog for a hearing under subsection (c), a hearing shall be held within ten (10) business days after such request. Notice of the date, time and location of the hearing shall be provided by certified mail to the dog owner requesting the hearing.
SECTION 12: IMPOUNDMENT HEARING.
(a) If after a hearing on impoundment, the Director or his designee finds no violation of Section 7, or that the dog has not bitten an individual, the dog shall be returned to its owner or custodian if already impounded, or shall not be impounded as intended.
(b) Incident to the findings and conclusions made at the impoundment hearing, the Director or his designee may impose reasonable restrictions and conditions for the maintenance of the dog to ensure the health and safety of the public and the animal. Such conditions may include, but shall not be limited to:
(1) Posting of bond or other proof of ability to respond in damages;
(2) Specific requirements as to size, construction and design of a kennel in which to house the dog;
(3) Requirements as to type and method of restraint and/or muzzling of the dog;
(4) Photo identification or permanent marking of the dog for purposes of identification; and
(5) Payment of reasonable fees to recover the costs incurred by the Department of Animal Control in ensuring compliance with this Ordinance.
SECTION 13: DESTRUCTION.
(a) The Director of Animal Control or his designee may order the destruction of a dog that it determines to be extremely dangerous to public health or safety, a dog that has made an extremely vicious attack upon an individual, or a dog declared dangerous whose owner is unable or unwilling to adequately restrain it.
(b) The Director of his designee shall give written notice by certified mail of his intention to destroy such dog to the owner or custodian of the dog, who may request in writing, within ten (10) business days after delivery of such notice, a hearing to contest the intended destruction.
(c) If no hearing is requested pursuant to subsection (b), the dog shall be destroyed pursuant to applicable provisions of law.
(d) If a hearing is requested pursuant to subsection (b), such hearing shall be held within ten (10) business days after the request; and the dog shall not be destroyed prior to the conclusion of the hearing.
(e) The dog owner shall be responsible for payment of all boarding costs and other fees as may be required for the Parish to humanely and safely keep the animal during any legal proceeding.
SECTION 14: APPEAL FROM ORDER OF HUMANE DESTRUCTION.
If the Director or his designee orders a dangerous dog to be humanely destroyed pursuant to Section 13, that decision shall be final unless the dog owner applies to a court of competent jurisdiction for any remedies that may be available within fifteen (15) days after receiving notice of the destruction order. If an appeal is timely filed, the Director shall suspend the destruction order pending the final determination of the court. The appeal hearing must be a trail de novo and shall be a civil proceeding for the purpose of affirming or reversing the Director’s destruction order.
SECTION 15: CHANGE OF OWNERSHIP.
(a) Any owner of a dangerous dog who sells or otherwise transfers ownership, custody or residence of the dog shall, within ten (10) business days after such change of ownership or residence, provide written notification to the Department of Animal Control of the name, address and telephone number of the new owner. It also shall be the responsibility of the person transferring ownership or custody of the dog to provide written notification of the dog’s classifications as dangerous to the person receiving the dog. The previous owner shall furnish a copy of such notification to the Department of Animal Control along with written acknowledgment by the new owner of his receipt of such notification. The Director of Animal Control or his designee shall notify the Chief Executive or the Police Department of any changes of ownership, custody or residence of the dog within three (3) business days after receiving the required information from the previous dog owner.
(b) Any person receiving a dog classified as dangerous must obtain the required permit, tag and enclosure prior to acquisition of the dog. The new owner shall comply fully with the provisions of this Ordinance pertaining to obtaining liability insurance, payment of fees, and maintenance, control and ownership of a dangerous dog.
SECTION 16: CONTINUATION OF DANGEROUS DOG DECLARATION.
Any dog that has been declared dangerous by any agency or department of this Parish, another parish municipality or state shall be subject to the provisions of this Ordinance for the remainder of its life. The person owning or having custody of any dog designated as a dangerous dog by any municipality, parish or state government shall notify the Department of Animal Control of the dog’s address and conditions of maintenance within ten (10) days of moving the animal into the Parish of Acadia. The restrictions and conditions of maintenance of any dog declared dangerous by this Parish, another Parish, municipality or state shall remain in force while the dog remains in the Parish.
SECTION 17: CONFLICTING ORDINANCES.
All other Ordinances of the Parish of Acadia which are in conflict with this Ordinance are hereby repealed to the extent of such conflict and specifically Ordinance No. ____________ regulating and restricting the keeping of dogs and other animals shall be amended only to the extent that they are in conflict herewith.
SECTION 18: SEVERABILITY.
The provisions of this Ordinance are declared to be severable. If any section, sentence, clause of phrase of the Ordinance shall for any reason be held to be invalid or unconstitutional by a court of competent jurisdiction, such decision shall not affect the validity of the remaining sections, sentences, clauses, and phrases of this Ordinance, but they shall remain in effect; it being the legislative intent that this Ordinance shall remain in effect notwithstanding the validity of any part.
THUS DONE AND ADOPTED on this the ________ day of ________________, 2002 at Crowley, Acadia Parish, Louisiana, after a roll call vote as follows:
YEAS:
NAYS:
ABSENT:
_________________________________
CLAUDE J. COURVILLE, President
A motion was offered by Mrs. Cecelia Broussard, seconded by Mr. Pat Daigle, to authorize Parish Animal Control to extend indefinitely aid to the Towns and Villages of Morse, Mermentau and Iota per agreement previously approved at a rate of $15.00 per animal captured including any surrender fees collected for release. Motion carried.
PUBLIC WORKS/BUILDING & GROUNDS
A motion was offered by Mr. Pat Daigle, seconded by Mrs. Cecelia Broussard, to authorize purchase of culvert material in the amount of $3,570.00 to replace the bridge on Junot Road. Motion carried.
SOLID WASTE/ENVIRONMENTAL
A motion was offered by Mrs. Catherine LaCombe, seconded by Mr. Pat Daigle, to approve the recommendation by Emergency Management that Phillips Services conduct the 2002 Household Hazardous Waste Collection event. Motion carried.
RESOLUTION
BY: MRS CATHERINE LACOMBE AND MR PAT DAIGLE
WHEREAS, the Acadia Parish Police Jury, by Resolution, may authorize the observance of holidays as it may deem in keeping with efficient administration.
THEREFORE, BE IT RESOLVED by the Acadia Parish Police Jury in regular session duly convened on this the 18th day of June, 2002, does hereby authorize the observance of Friday, July 5, 2002, as a legal holiday.
BE IT FURTHER RESOLVED that the Acadia Parish Police Jury authorizes the closing of the Acadia Parish Courthouse and/or various offices, presently under its direct supervision to observe this holiday.
ADOPTED: JUNE 18, 2002
ATTEST:
/s/ Katry Martin /s/ Claude J. Courville
KATRY MARTIN CLAUDE J. COURVILLE
SECRETARY-TREASURER PRESIDENT
The Sales Tax Report was presented for the month of May, 2002. The report indicated a gross receipt of $473,701.34, an increase of $59,695.52 from May, 2001.
COMMENTS FROM THE PUBLIC
President Courville announced the date of the Crowley Chamber of Commerce Eggs & Issues July 9, 2002, to discuss the proposed mosquito control program.
THERE BEING NO FURTHER BUSINESS TO COME BEFORE THE MEETING, THE MOTION WAS OFFERED DULY SECONDED, THAT THE MEETING ADJOURN UNTIL THE NEXT REGULARLY SCHEDULED MEETING OF JULY 2, 2002, AT THE HOUR OF 6:30 P.M.
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