QUESTION:

What can be done on nuisance animal complaints in the City of Lake Charles and the Parish?
  
ANSWER:
  
In General: 
There are 6 parts in the City of Lake Charles nuisance section 4-22. Those include any animals which: 
1. Molests or chases passers-by or passing vehicles; 
2. Attacks other animals;
3. Trespasses on school grounds while not under direct control of the responsible owner; 
4. Damages private or public property; 
5. Barks, whines or howls in an excessive, continuous or untimely manner; or 
6. Causes unsanitary conditions or odors about the premises of the owner through urination or defecation.
 
Section 4-22.1 Covers what is commonly called the "pooper scooper" law. "Any animal which causes unsanitary conditions or odors about any part of a public street or sidewalk or the private property of one other than the owner, or keeper of the animal through urination or defecation, is deemed and declared a public nuisance". 
 
The owner may be made aware of these sections of the law by speaking to them, requesting a "courtesy notice" to be sent to them by our Department or the complainant may give written statements and the owner may receive a citation. *Please note: It requires two (2) statements from witnesses, not in the same household, in the immediate neighborhood to enable our Department to issue a citation. 
 
The Parish does not have the section dealing with the "pooper scooper" requirements in the Nuisance Ordinance 5-43 for the unincorporated areas. The other parts of 5-43 are the same as the City for nuisance complaints and require two written statements. 
 
Specific Information:
 
1. Who do they call? Number? Hours?
Citizens in the City of Lake Charles and the unincorporated areas of Calcasieu Parish who are experiencing problems regarding animals may call the Calcasieu Parish Animal Services & Adoption Center at 721-3730, Monday through Friday from 8:00 a.m. to 5:00 p.m. Citizens in DeQuincy, Iowa, Sulphur, Vinton and Westlake may call their Public Works, City Hall or Police Department and request to speak with an Animal Services representative for those jurisdictions.
 
2. What constitutes a sworn statement?
The City of Lake Charles and the Calcasieu Parish District Attorney have permitted a written statement provided through the Calcasieu Parish Department of Animal Services & Adoption Center with formal charges filed as acceptable on nuisance and other animal complaints. The citizens filling out the forms are advised that they must be willing to be subpoenaed in a court of law as witnesses, if the case proceeds that far.
 
3. Must the resident get the statements Notarized? Witnesses?
The complainant is required to provide two written statements ( *see Web site for sample under "Complaint Request for Citizens"), from people not in the same household, who live in the immediate neighborhood, for citations to be issued on their complaint only. They do not have to be notarized. They do have to be willing to be subpoenaed for a court appearance, if necessary.
 
Animal Services attempts to mediate situations before citations are issued. Courtesy letters such as the "Good Neighbor Leash Law Notice" or "Pet Owner Notice" may be sent in lieu of an Officer responding if the citizen wants to try that notice first.  Patrols can be provided in an attempt for the Animal Services Officer to be the complainant and not require written statements. However, if problems occur at night or an Officer never sees an animal or cannot capture the animal to verify where it lives, statements are necessary to accomplish satisfactory solutions.
 
There are provisions both in the City and the Parish Ordinances to address owner's who allow their animals "at-large". These provide penalties to the owner's of animals allowed loose in violation of the City "leash law" and animal's off their owner's property in the Parish areas . If the offense occurs without an Animal Services Officer witnessing the violation then the citizen who is complaining must be willing to get directly involved. Statements may be taken from witnesses if the Animal Services Officer patrols and the animal/s are not at-large at the time of the patrol. 
 
Each municipality has different laws. Dequincy has a restraint ordinance for dogs and cats but no specific nuisance ordinance. Iowa has a leash law but no specific nuisance ordinance. Sulphur has a provision to declare a dog or cat as a public nuisance and a leash law. Vinton has a provision to declare a dog a public nuisance and an at-large ordinance. Westlake has a nuisance ordinance that provides the same basic requirements of two (2) statements for enforcement. *Check with your local municipality for a complete copy of individual ordinances pertaining to animals. 
 
If you have any further questions, please feel free to contact our Parish Animal Services . 
  

QUESTION: 

I would like to know what the law is about chickens running loose in my neighborhood. My neighbor lets his chickens run loose all the time and I'm tired of the mess they make and tired of asking him to pen them up. I live in Calcasieu Parish, but not in any city limits.
  
ANSWER: 

Currently there are no ordinances in the unincorporated areas of Calcasieu Parish addressing loose chickens. Numerous complaints are received each year and Animal Services has proposed several suggested ordinances in the past. This matter was deferred to the Animal Services Advisory Committee in December 1997 and addressed at a public meeting on January 26, 1998. There were five speakers from the floor regarding the confinement of chickens issue. All were opposed to having to keep their chickens cooped on their property. The committee recognized that there was no intention by Animal Services to require putting all chickens into coops. However, since there was no specific law on chickens in the Parish like in the municipalities there is nothing they can do to assist citizens experiencing these types of problems.  It basically becomes a "civil" matter.

* There is an Attorney General ruling regarding chickens not being considered "animals" for enforcement of cruelty to animals. This ruling has allowed the State of Louisiana to have cockfighting when 48 other states have outlawed this blood sport. Since chickens are not considered animals in this state, the "nuisance animals" ordinance has not been able to be used to prosecute property damage through this specific ordinance. Animal Services has been advised through legal council to inform citizens it is necessary for them to seek civil damages.
 
Therefore, if any citizen wants the Parish to have some enforcement over loose chickens, they should make their concerns known to their Police Juror, a member of the Animal Services Advisory Board, or attend their public meetings. Animal Services will enforce any ordinance passed by the Calcasieu Parish Police Jury.
  

QUESTION: 
 
I would like to know about the Calcasieu Animal Shelter board under the Police Jury that is supposed to be a liaison between the Shelter and the public. I have been to several meetings. I know one member of the board made a comment about making it a straight "kill" facility by disposing of the animals as soon as the "legal" time limit was up and not allowing the Shelter employees to use their own discretion at keeping animals longer if they think there might be a possibility for an owner to reclaim the animal/s or for there to be a chance it might be adopted or rescued through a breed rescue organization or by the Humane Society members. I have also seen in the by-laws that there are one-year terms for this board but I know that there are several members of the board who have served since it was inaugurated. Please explain the functions of the board, who serves, who appoints them, and other details, and where and when they meet.
  
ANSWER:
 
In answer to the above questions I will put them in order:

1. The first advisory committee was established in the early 80's. That committee became inactive when the Department was under the administration of the City of Lake Charles and the Mayor's Committee to Animal Services was established. Administrative control was transferred back to the Parish in 1990 and the Parish Committee was re-established in 1997.

2. The Parish Animal Services is responsible for public health and safety, and law enforcement of the Parish/City of Lake Charles ordinances & state laws pertaining to animals. Specific City/Parish ordinances provide for the automatic euthanasia for any unclaimed animals after a set period of time "unless the prospects of finding it a home or any other reason justifies detention for a longer period of time, all of which shall be at the discretion of the Operations Manager or his/her designated agent", with other provisions given for sick, injured or diseased animals. The local animal shelter has been recognized as having one of the most progressive, responsible pet health & temperament screening and adoption programs in the nation. This is provided through cooperative efforts with the local voluntary veterinary association, as well as individuals with local breed rescue and humane organizations. The goals are to try to carefully screen applicants and to place animals into home environments that are appropriate for the animal and the individuals interested in an adoption. The Shelter representatives are required to evaluate adoptions through the use of questionnaires pertaining to the applicant's past and current pet ownership, family components, yard availability, etc. so as to not create additional animal problems through inappropriate animal placements. Because of this responsibility, the Operations Manager or agent has the final say on any adoption. Counseling is provided to evaluate potential compatibility between the animal and the adopter. Therefore, the Animal Services Shelter is not a straight "kill" shelter but is comparable to other animal service and humane society shelters in their placement of adoptable animals. 

3. The composition of the committee consists of representatives from the following: 1 Rural pet owner, 1 Urban pet owner, 1 non-medical service provider (such as a pet groomer, pet store representative, trainer, etc., 2 veterinarians appointed through the Calcasieu Veterinary Medical Association, 1 Calcasieu Kennel Club member, 1 Health Unit employee, 1 Humane Society member, 1 Wildlife Rehabilitator licensed by the State, 1 member of the Cattleman Association, and 1 Bird breeder. Representatives from the Calcasieu Parish Sheriff's Office, the District Attorney's Office and the Calcasieu Parish Animal Services & Adoption Center attend the meetings to answer questions and to stay abreast of discussions and concerns as advisory/support representatives. 

4. Commission members shall serve one (1) year terms and may be re-appointed. The Police Jury is advised of the current membership before the first meeting of each calendar year. Interested applicants may send a letter expressing their desire to be appointed to any committee member. Vacancies are filled by committee members submitting nominations to the Committee as a whole, who then select a candidate to submit to the Police Jury for the necessary appointment.

5. This Parish Committee meets 3-4 times a year unless a special meeting is called. Quarterly meetings are held on announced Monday nights at 6:30 p.m. at the Calcasieu Parish Animal Services & Adoption Center conference room at 5500A Swift Plant Road unless otherwise noted in the public notice. Anyone who wants to be personally notified of the meetings may call the Animal Shelter Operations Manager or the Chairperson and a personal call will be made when the next meeting will be held. These are public meetings and participation from members of the public is welcome and encouraged.

6. The purpose of the commission as established by the Calcasieu Parish Police Jury shall be: 

   1. To help in identifying the priorities, needs, purposes, problems and solutions pertaining to Animal Services.

   2. To assist the Police Jury and the Calcasieu Parish Animal Services & Adoption Center in protecting the animal owner, the non-animal owner, and the animal through policy and enforcement recommendations.

   3. To assist the Calcasieu Parish Animal Services & Adoption Center in building a positive rapport between the humane societies, public health agencies, veterinarians, animal control departments, local and state regulatory agencies, wildlife control & protection representatives and the community at large. 

   4. To evaluate and promote the improved enforcement of existing laws, and to formulate recommendations for any needed legislative changes through cooperation with law enforcement agencies.

   5. To promote the education and awareness of the problems of animal services locally, as well at statewide.

   6. To aid and assist the Police Jury in any project the Police Jury deems necessary to alleviate problems in animal service endeavors. 

   7. To provide input to the Police Jury in the drafting of updated ordinances pertaining to animal services.
       
      Anyone interested in more information may contact the Calcasieu Parish Animal Services & Adoption Center at 721-3730 or the Chairperson of the Committee. 
        

QUESTION: 
 
"I live in Moss Bluff. How can we get Calcasieu Parish Animal Services & Adoption Center to help with a neighbor who won't do anything about their cats? The cats come over and sleep on our porch.
 
ANSWER: 
 
Moss Bluff is in the unincorporated area of Calcasieu Parish. There is no at-large law that specifically addresses cats. However, each cat owner has an obligation to have their cat vaccinated against rabies, licensed by the Parish, and to insure their pet does not create a nuisance. Upon a complaint, an Officer may respond to check vaccination, licensing and explain the nuisance ordinance to the pet owners.
 
Cats may be "humanely" captured through the use of box traps and removed from private property and impounded at the Animal Shelter. The owner then has the right to identify, confirm vaccination and licensing and re-claim their pet after paying the charges incurred. If the pet is returned home and again creates problems it can continue being trapped and the charges for impoundment go up each time. 
 
In lieu of Officer response or impoundment, a courtesy letter can be sent to notify the cat owner that their pet is creating a nuisance to their neighbors. If that does not work, citizens may give witness statements on a nuisance animal, per City Ordinance 4-22 or Parish Ordinance Sec. 5-43. *It requires two (2) sworn statements, not from the same household, from people who live in the immediate neighborhood for the Animal Services to be able to issue a citation and the animal may be seized. Upon the third offense the owner shall be served written notice that upon the fourth offense the animal will be impounded by Animal Services and destroyed by euthanasia or placed with a suitable person upon proof that person shall prevent the animal from further nuisance offenses. 
 
*Animal Services can provide samples of cat containment systems and play areas for the yards of responsible cat owners.