RS 3:2467     

  

§2467. Designation of animal shelters; optional acquisition of ownership of stray animals

            A.(1) Any local governmental subdivision in this state may designate any animal shelter to provide sheltering services for lost, stray, and at-large domestic animals found within its respective jurisdiction.

            (2) A designated animal shelter may be owned or operated by a local governmental subdivision, private entity, nonprofit organization, licensed veterinarian, or any other entity reasonably competent to provide sheltering services.

            (3) A designated shelter shall comply with applicable state and local laws pertaining to animal shelters.

            (4) A local governmental subdivision shall retain full discretion to:

            (a) Select, contract with, or operate a shelter.

            (b) Determine the scope of services provided.

            (c) Enter into cooperative agreements with other local governmental subdivisions.

            (d) Adopt local standards or ordinances that meet or exceed the requirements of this Section.

            (e) Establish longer holding periods by local ordinance.

            (f) Revoke the designation.

            B.(1) A designated animal shelter may acquire sole ownership of a lost, stray, unowned, or at-large animal only after compliance with all applicable state or local laws, regulations, or ordinances regarding hold periods for that animal. If no hold period is specified by any statute, parish, or municipality, the minimum stray hold period shall be three days, excluding legal public holidays, to allow for owner identification and recovery.

            (2) During the initial hold period, the shelter shall do all of the following:

            (a)(i) Make a reasonably diligent effort to locate the owner and return the animal to the owner. The shelter shall scan the animal for a microchip and check for any other identifying information, including tattoos or collars with tags or any other registration information at least twice, with the scans or checks conducted at least twenty-four hours apart. The shelter shall maintain a record of the dates the scans or checks were performed for at least one year.

            (ii) If the shelter obtains information identifying the animal's owner, the shelter shall make a diligent effort to notify the owner and provide at least three days, exclusive of legal public holidays, for the owner to respond, commencing from the first attempt to notify. If the owner is located, the owner shall have seven days from notification to reclaim the animal unless the owner relinquishes the animal to the shelter or another person.

            (b) Maintain continuous possession of the animal. Possession by the shelter may be constructive, and shall include allowing persons to foster animals, provided that any such foster shall return the animal to the shelter upon the shelter's request, unless the hold period has expired and the shelter transfers ownership of the animal.

            (c) Make the animal, or a photograph with a written description of the animal, available for public viewing and allow persons seeking lost animals to view such animals and related records.

            C.(1) If an animal remains unclaimed after the expiration of the applicable hold period provided in this Section and after the shelter has made a diligent effort to identify, notify, and return the animal to its owner, the local governmental subdivision or designated shelter may acquire ownership of the animal and may transfer ownership to another person, whether natural or juridical, consistent with applicable law. The designated animal shelter may place an animal with or transfer ownership to a rescue organization.

            (2) If ownership is acquired pursuant to this Section and the shelter thereafter transfers ownership to another person, natural or juridical, the shelter shall not disclose the identity or contact information of the transferee to any person, including any alleged prior owner, except pursuant to a lawfully issued subpoena or with the written consent of the transferee.

            D. Nothing in this Section shall be construed to:

            (1) Require a local governmental subdivision to designate an animal shelter.

            (2) Alter or impair existing laws, regulations, or ordinances in place that authorize a shelter to acquire immediate ownership of an animal by abandonment, transfer, relinquishment, or any other lawful means.

            (3) Create a statewide regulatory licensing scheme for animal shelters.

            (4) Increase the financial burden of local governmental subdivisions.

            E. No local governmental subdivision or designated animal shelter, or any officer or employee thereof, shall be subject to civil damages arising from actions taken in good faith in compliance with this Section, except for acts or omissions constituting gross negligence or willful or wanton misconduct.

            F. This Section shall be construed to promote humane treatment of animals, preserve local governmental flexibility, and avoid unnecessary regulatory burden.

            Acts 2026, No. 178, §1.