Louisiana 2010 2010 Regular Session

Louisiana House Bill HB219 Engrossed / Bill

                    HLS 10RS-161	ENGROSSED
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are additions.
Regular Session, 2010
HOUSE BILL NO. 219
BY REPRESENTATIVE ST. GERMAIN
CRIME:  Creates the crime of illegally restraining a dog
AN ACT1
To enact R.S. 14:102.24, relative to offenses affecting public sensibility; to create the crime2
of unlawful restraint of a dog; to provide for definitions; to provide for exceptions;3
to provide for applicability; to provide criminal penalties; and to provide for related4
matters.5
Be it enacted by the Legislature of Louisiana:6
Section 1.  R.S. 14:102.24 is hereby enacted to read as follows: 7
ยง102.24.  Unlawful restraint of a dog; definitions; penalties8
A.  As used in this Section:9
(1) "Collar" means any collar constructed of nylon, leather, or similar10
material, specifically designed to be used for a dog.11
(2)  "Owner" means a person who owns or has custody or control of a dog.12
(3) "Properly fitted" means, with respect to a collar, a collar that measures13
the circumference of a dog's neck plus at least one inch.14
(4) "Restraint" means a chain, rope, tether, leash, cable, or other device that15
attaches a dog to a stationary object or trolley system.16
B. It shall be unlawful for an owner to leave a dog outside and unattended17
by use of a tether, fasten, chain, tie, or restraint that meets any of the following18
criteria:19
(1)  Causes injury to the dog.20
(2)  Is less than twelve feet in length.21 HLS 10RS-161	ENGROSSED
HB NO. 219
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are additions.
(3)  Is in an unsafe condition.1
(4) Uses a collar that is pinch-type, prong-type, or choke-type or is not2
properly fitted to the dog.3
C.  The provisions of this Section shall not apply to any of the following:4
(1)  Accepted veterinary practices.5
(2) Activities carried on for scientific or medical research governed by6
accepted standards.7
(3) A dog restrained to a running line, pulley, or trolley system and is not8
restrained to the running line, pulley, or trolley system by means of a pinch-type,9
prong-type, choke-type, or improperly fitted collar.10
(4) A dog restrained in compliance with the requirements of a camping or11
recreational area as defined by a federal, state, or local authority or jurisdiction.12
(5)  A dog restrained for a reasonable period, not to exceed three hours in a13
twenty-four-hour period, and no longer than is necessary for the owner to complete14
a temporary task that requires the dog to be restrained.15
(6) A dog restrained while the owner is engaged in, or actively training for,16
an activity that is conducted pursuant to a valid license issued by this state if the17
activity for which the license is issued is associated with the use or presence of a18
dog.19
(7) A dog restrained while the owner is engaged in conduct directly related20
to the business of shepherding or herding cattle or livestock.21
(8) A dog restrained while the owner is engaged in conduct directly related22
to the business of cultivating agricultural products if the restraint is reasonably23
necessary for the safety of the dog.24
(9) A dog being restrained and walked with a hand-held leash regardless of25
the type of collar being used.26
D. Whoever violates the provisions of this Section shall be fined not more27
than three hundred dollars.28 HLS 10RS-161	ENGROSSED
HB NO. 219
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent.  [R.S. 1:13(B) and 24:177(E)]
St. Germain	HB No. 219
Abstract: Creates the crime of unlawfully restraining a dog and provides for a maximum
fine of $300.
Proposed law provides that it shall be unlawful for an owner to leave a dog outside and
unattended by use of a tether, fasten, chain, tie, or restraint that meets any of the following
criteria:
(1)Causes injury to the dog.
(2)Is less than 12 feet in length.
(3)Is in an unsafe condition.
(4)Uses a collar that is pinch-type, prong-type, or choke-type or is not properly fitted
to the dog.
Proposed law provides that it shall not apply to any of the following:
(1)Accepted veterinary practices.
(2)Activities carried on for scientific or medical research governed by accepted
standards.
(3)A dog restrained to a running line, pulley, or trolley system and is not restrained to
the running line, pulley, or trolley system by means of a pinch-type, prong-type,
choke-type, or improperly fitted collar.
(4)A dog restrained in compliance with the requirements of a camping or recreational
area as defined by a federal, state, or local authority or jurisdiction.
(5)A dog restrained for a reasonable period, not to exceed three hours in a 24-hour
period, and no longer than is necessary for the owner to complete a temporary task
that requires the dog to be restrained.
(6)A dog restrained while the owner is engaged in, or actively training for, an activity
that is conducted pursuant to a valid license issued by this state if the activity for
which the license is issued is associated with the use or presence of a dog.
(7)A dog restrained while the owner is engaged in conduct directly related to the
business of shepherding or herding cattle or livestock.
(8)A dog restrained while the owner is engaged in conduct directly related to the
business of cultivating agricultural products if the restraint is reasonably necessary
for the safety of the dog. HLS 10RS-161	ENGROSSED
HB NO. 219
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are additions.
(9)A dog being restrained and walked with a hand-held leash regardless of the type of
collar being used.
Proposed law provides a penalty of a fine of not more than $300.
(Adds R.S. 14:102.24)