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.
(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))