Kyles v. Great Oaks Interests (unpublished) |
A California appellate court held that the plaintiffs’ nuisance claim, which was based on the defendants’ alleged failure to cease activity that resulted in the attraction of feral and domestic cats to the plaintiffs’ backyard, survived summary judgment. The plaintiffs were members of a family residing in a home located next to an apartment complex. Upon moving into the home, the family noticed that many domestic and feral cats were defecating and urinating in the plaintiffs’ yard. The plaintiffs claimed that the cats were attracted due to the failure of the neighboring apartment complex to ensure that its tenants placed lids on the trash receptacles. The appellate court partially reversed the trial court’s grant of summary judgment, holding that the defendants could, in fact, be liable under a nuisance theory for damages arising from actions that caused “the presence of [a] large number of cats on Plaintiffs’ property.”
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LA - Assistance Animal - Assistance Animal/Guide Dog Laws |
The following comprise Louisiana's assistance animal/guide dog laws. |
LA - Captive Wildlife - §115. Possession of Potentially Dangerous Wild Quadrupeds and Non-Human Primates |
This Louisiana regulation states that the possession of certain potentially dangerous quadrupeds, big exotic cats, and non-human primates poses significant hazards to public safety and health, is detrimental to the welfare of the animals, and may have negative impacts on conservation and recovery of some threatened and endangered species. As a result, except as provided, it is unlawful to import into, possess, purchase or sell within the state of Louisiana, by any means whatsoever including but not limited to transactions conducted via the internet, any of the following species: cougar or mountain lion (Felis concolor); black bear (Ursus americanus); grizzly bear (Ursus arctos); polar bear (Ursus maritimus); red wolf (Canis rufus); gray wolf (Canis lupus); wolf dog hybrid (Canis lupus or Canis rufus x Canis familiarus); all non-human primates. While the prohibition against wolf-dog hybrids expired January 1, 1997, the regulation cautions persons that local ordinances or other state regulations may prohibit possession of these animals. |
LA - Cruelty - Chapter 17. Cruelty to Animals (Corporations for Prevention of Cruelty to Animals) |
These chapters concerns the powers and duties of Louisiana corporations for prevention of cruelty to animals. |
LA - Cruelty - Consolidated Cruelty Statutes |
These Louisiana statutes comprise the state's anti-cruelty provisions. The term "cruel" is defined in the first section every act or failure to act whereby unjustifiable physical pain or suffering is caused or permitted. The crime of cruelty to animals is subdivided into simple cruelty or aggravated cruelty. Simple cruelty occurs when a person intentionally or with criminal negligence overdrives, overloads, drives when overloaded, or overworks, torments, cruelly beats, or unjustifiably injures, or, having charge, custody, or possession of any animal, either as owner or otherwise, unjustifiably fails to provide any living animal with proper food, proper drink, proper shelter, or proper veterinary care. |
LA - Cruelty - § 107.1. Ritualistic acts |
This Louisiana law states that it is necessary for "the immediate preservation of the public peace, health, morals, safety, and welfare and for the support of state government and its existing public institutions" to ban certain ritualistic acts. With regard to animals, the law defines a "ritualistic act" to include the mutilation, dismemberment, torture, abuse, or sacrifice of animals or the ingestion of animal blood or animal waste. Any person committing, attempting to commit, or conspiring with another to commit a ritualistic act may be sentenced to imprisonment for not more than five years or fined not more than five thousand dollars, or both. |
LA - Cruelty - § 89. Crime against nature |
This Louisiana law makes it a crime against nature to engage in "unnatural carnal copulation by a human being with another of the same sex or opposite sex or with an animal." This results in a penalty of a fine of not more than two thousand dollars, and imprisonment, with or without hard labor, for not more than five years, or both. In 2018, the legislature added a new section dedicated to sexual abuse of animals. |
LA - Cruelty, reporting - § 403.6. Reporting of neglect or abuse of animals |
This Louisiana law states that any state or local law enforcement officer, or any employee of government or of a government contractor who in his professional capacity routinely investigates alleged abuse or neglect or sexual abuse of a child, or abuse or neglect of an adult, who becomes aware of evidence of neglect or abuse of an animal shall report such incident to the law enforcement authority of the governing authority in which the incident has occurred or the local animal welfare authority. |
LA - Dangerous - Louisiana Dangerous Dog & Dog Bite Laws |
These Louisiana statutory sections provide the state's animal control and dangerous dog laws. A dog becomes dangerous when (1) unprovoked, on two separate occasions within the prior thirty-six-month period, engages in any behavior that requires a defensive action by any person to prevent bodily injury when the person and the dog are off the property of the owner of the dog; (2) any dog which, when unprovoked, bites a person causing an injury; or (3) any dog which, when unprovoked, on two separate occasions within the prior thirty-six-month period, has killed, seriously bitten, inflicted injury, or otherwise caused injury to a domestic animal off the property of the owner of the dog. It is unlawful for any person to own a dangerous dog without properly restraining or confining the dog. Any citizen or officer may kill any dangerous or vicious dog, and no citizen or officer shall be liable for damages or to prosecution by reason of killing any dangerous or vicious dog. The section also provides laws on licensing, vaccination, and prohibitions on dogs running at large. |
LA - Disaster - Chapter 6. The Louisiana Homeland Security and Emergency Assistance and Disaster Act. |
In Louisiana, the Governor's Office of Homeland Security and Emergency Preparedness must assist in the formulation of emergency operation plans for the humane evacuation, transport, and temporary sheltering of service animals and household pets (see section (E)(20(a)). |