Louisiana 2010 2010 Regular Session

Louisiana House Bill HB219 Engrossed / Bill

                    HLS 10RS-161	REENGROSSED
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CODING: Words in struck through type are deletions from existing law; words underscored
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 unattended and restrained17
by use of a tether, chain, or other restraint attached to a pinch-type, prong-type, or18
choke-type collar or restrained by other means which causes injury to the dog.19
C.  The provisions of this Section shall not apply to any of the following:20
(1)  Accepted veterinary practices.21 HLS 10RS-161	REENGROSSED
HB NO. 219
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are additions.
(2) Activities carried on for scientific or medical research governed by1
accepted standards.2
(3) A dog restrained to a running line, pulley, or trolley system and is not3
restrained to the running line, pulley, or trolley system by means of a pinch-type,4
prong-type, choke-type, or improperly fitted collar.5
(4)  A dog restrained in compliance with the requirements of a camping or6
recreational area as defined by a federal, state, or local authority or jurisdiction.7
(5)  A dog restrained for a reasonable period, not to exceed three hours in a8
twenty-four-hour period, and no longer than is necessary for the owner to complete9
a temporary task that requires the dog to be restrained.10
(6) A dog restrained while the owner is engaged in, or actively training for,11
an activity that is conducted pursuant to a valid license issued by this state if the12
activity for which the license is issued is associated with the use or presence of a13
dog.14
(7) A dog restrained while the owner is engaged in conduct directly related15
to the business of shepherding or herding cattle or livestock.16
(8) A dog restrained while the owner is engaged in conduct directly related17
to the business of cultivating agricultural products if the restraint is reasonably18
necessary for the safety of the dog.19
(9) A dog being restrained and walked with a hand-held leash regardless of20
the type of collar being used.21
D. Whoever violates the provisions of this Section shall be fined not more22
than three hundred dollars.23 HLS 10RS-161	REENGROSSED
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 unattended and
restrained by use of a tether, fasten, chain, tie, or other restraint attached to a pinch-type,
prong-type, or choke-type collar, or restrained by other means which causes injury 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.
(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) HLS 10RS-161	REENGROSSED
HB NO. 219
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are additions.
Summary of Amendments Adopted by House
House Floor Amendments to the engrossed bill.
1. Removed proposed law elements of the crime and added that it shall be unlawful
for an owner to leave a dog unattended or restrained by use of a tether, fasten,
chain, tie, or other restraint attached to a pinch-type, prong-type, or choke-type
collar, or restrained by other means which causes injury to the dog.