HLS 18RS-655 ORIGINAL
2018 Regular Session
HOUSE BILL NO. 121
BY REPRESENTATIVE COUSSAN
ANIMALS: Provides relative to the crime of unlawful restraint of a dog
1 AN ACT
2To amend and reenact R.S. 14:102.26(B), relative to the crime of unlawful restraint of a dog;
3 to provide relative to the elements of the criminal offense; to provide specific
4 prohibitions relative to the tying, tethering, or restraining of a dog under certain
5 environmental and weather conditions; and to provide for related matters.
6Be it enacted by the Legislature of Louisiana:
7 Section 1. R.S. 14:102.26(B) is hereby amended and reenacted to read as follows:
8 ยง102.26. Unlawful restraint of a dog; definitions; penalties
9 * * *
10 B. It shall be unlawful to tie, tether, or restrain any animal a dog in a manner
11 that is inhumane, cruel, or detrimental to its welfare including any of the following:
12 (1) Using a restraint less than ten feet in length, or less than five times the
13 length of the dog's body from tip of nose to base of tail, whichever is greater; using
14 a restraint that causes injury or pain to the dog because of the material of which it is
15 made or because of the size or weight of the restraint; or using a restraint that weighs
16 more than one-eighth of the dog's body weight.
17 (2) Tying, tethering, or restraining the dog in any area where there is an
18 accumulation of feces or other waste, insect infestation, rodent infestation, foul odor,
19 or another unsanitary or dangerous condition within the radius of the restraint.
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HB NO. 121
1 (3) Tying, tethering, or restraining the dog in a way that restricts the dog
2 from easily standing, sitting, lying down, turning about, and making all other normal
3 body movements in a comfortable, normal position for the dog.
4 (4) Tying, tethering, or restraining the dog in an area likely to cause injury
5 or pain to the dog because of entanglement or because of surrounding structures.
6 (5) Tying, tethering, or restraining the dog in an area that allows the dog to
7 cross the property line of the property on which it is tethered.
8 (6) Tying, tethering, or restraining the dog in a manner that exposes the dog
9 to extreme weather conditions, including any of the following:
10 (a) The actual or effective outdoor temperature is below thirty-two degrees
11 Fahrenheit or above ninety degrees Fahrenheit.
12 (b) A heat advisory has been issued by a local or state authority or
13 jurisdiction for the area in which the dog is tied, tethered, or restrained.
14 (c) A hurricane, tropical storm, or tornado warning has been issued by the
15 National Weather Service for the area in which the dog is tied, tethered, or
16 restrained.
17 * * *
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)]
HB 121 Original 2018 Regular Session Coussan
Abstract: Amends the crime of unlawful restraint of a dog to provide a list of conditions
under which the tying, tethering, or restraining of the dog is considered inhumane,
cruel, or detrimental to its welfare.
Present law prohibits the tying, tethering, or restraining of any animal in a manner that is
inhumane, cruel, or detrimental to its welfare and provides that whoever violates these
provisions shall be fined not more than $300.
Present law further provides for certain exceptions to the offense including the following:
(1)Accepted veterinary practices.
(2)Activities carried on for scientific or medical research governed by accepted
standards.
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HB NO. 121
(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 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.
(6)A dog restrained while the owner is engaged in conduct directly related to the
business of shepherding or herding cattle or livestock.
(7)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.
(8)A dog being restrained and walked with a hand-held leash regardless of the type of
collar being used.
Proposed law retains present law but provides the following list of specific conditions under
which the tying, tethering, or restraining of the dog is considered inhumane, cruel, or
detrimental to its welfare:
(1)Using a restraint less than ten feet in length, or less than five times the length of the
dog's body from tip of nose to base of tail, whichever is greater; using a restraint that
causes injury or pain to the dog because of the material of which it is made or
because of the size or weight of the restraint; or using a restraint that weighs more
than one-eighth of the dog's body weight.
(2)Tying, tethering, or restraining the dog in any area where there is an accumulation
of feces or other waste, insect infestation, rodent infestation, foul odor, or another
unsanitary or dangerous condition within the radius of the restraint.
(3)Tying, tethering, or restraining the dog in a way that restricts the dog from easily
standing, sitting, lying down, turning about, and making all other normal body
movements in a comfortable, normal position for the dog.
(4)Tying, tethering, or restraining the dog in an area likely to cause injury or pain to the
dog because of entanglement or because of surrounding structures.
(5)Tying, tethering, or restraining the dog in an area that allows the dog to cross the
property line of the property on which it is tethered.
(6)Tying, tethering, or restraining the dog in a manner that exposes the dog to extreme
weather conditions, including any of the following:
(a)The actual or effective outdoor temperature is below 32EF or above 90EF.
(b)A heat advisory has been issued by a local or state authority or jurisdiction
for the area in which the dog is tied, tethered, or restrained.
(c)A hurricane, tropical storm, or tornado warning has been issued by the
National Weather Service for the area in which the dog is tied, tethered, or
restrained.
(Amends R.S. 14:102.26(B))
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