Sections
Part I In General 3:2361 – 3:2363
Part II Corporations for Prevention of Cruelty to Animals 3:2391 – 3:2393
Part III Care of Suffering Animals 3:2431 – 3:2440
Part IV Abandoned Animals 3:2451 – 3:2454
Part V Minimum Standards for Animal Shelters 3:2461 – 3:2464
Part VI Pet Overpopulation Control 3:2471 – 3:2476
Part VII Animal Control Agency Officers 3:2501

Terms Used In Louisiana Laws > Revised Statutes > Title 3 > Chapter 17

  • Access: means to program, to execute programs on, to communicate with, store data in, retrieve data from, or otherwise make use of any resources, including data or programs, of a computer, computer system, or computer network. See Louisiana Revised Statutes 14:73.1
  • Access area: means an outdoor area which is in the control of an operator and which is within a fifty-foot radius of an access facility. See Louisiana Revised Statutes 33:4065.4
  • Access facility: means an automated teller machine or a night depository. See Louisiana Revised Statutes 33:4065.4
  • Accident: means an unexpected or unforeseen actual, identifiable, precipitous event happening suddenly or violently, with or without human fault, and directly producing at the time objective findings of an injury which is more than simply a gradual deterioration or progressive degeneration. See Louisiana Revised Statutes 9:5212
  • Account: means a demand, checking, savings, or other deposit account, whether commercial or consumer, held directly by an operator. See Louisiana Revised Statutes 33:4065.4
  • Adopter: means a person who is legally competent to enter into a contract and who is adopting or buying a dog or cat from a releasing agency. See Louisiana Revised Statutes 14:36
  • Adult animal: means any dog or cat that has reached the age of one hundred eighty days or six months or more. See Louisiana Revised Statutes 14:36
  • Affiliate: means any person who controls, is controlled by, or is under common control with a developer. See Louisiana Revised Statutes 9:4402
  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
  • Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
  • Arrest: Taking physical custody of a person by lawful authority.
  • association: means a nonprofit corporation, unincorporated association, or other legal entity, which is created pursuant to a declaration, whose members consist primarily of lot owners, and which is created to manage or regulate, or both, the residential planned community. See Louisiana Revised Statutes 9:1141.2
  • Association property: means all the property either held by the association or commonly held by the members of the association, or both, and lots privately held by members of the association. See Louisiana Revised Statutes 9:1141.2
  • Automated teller machine: means an electronic information processing device located in this state which accepts or dispenses cash in connection with an account or credit card. See Louisiana Revised Statutes 33:4065.4
  • Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
  • Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
  • Clerk of court: An officer appointed by the court to work with the chief judge in overseeing the court's administration, especially to assist in managing the flow of cases through the court and to maintain court records.
  • Commission: means the Louisiana Workforce Commission. See Louisiana Revised Statutes 39:98.1
  • Commissioner: means the commissioner of agriculture and forestry or his duly authorized representative acting at his direction. See Louisiana Revised Statutes 14:68.1
  • Committee membership: Legislators are assigned to specific committees by their party. Seniority, regional balance, and political philosophy are the most prominent factors in the committee assignment process.
  • Common elements: means all portions of timeshare property other than units. See Louisiana Revised Statutes 9:4402
  • Community documents: means the articles of incorporation, bylaws, plat, declarations, covenants, conditions, restrictions, rules and regulations, or other written instruments, including any amendment thereto, by which the association has the authority to exercise any of its powers to manage, maintain, or otherwise affect the association property or which otherwise govern the use of association property. See Louisiana Revised Statutes 9:1141.2
  • Completion of construction: means :

    (a)(i)  That a certificate of occupancy has been issued for the entire building in which the timeshare interest being sold is located, or for the improvement, or that the equivalent authorization has been issued, by the governmental body having jurisdiction; or

    (ii)  In a jurisdiction in which no certificate of occupancy or equivalent authorization is issued, that the construction, finishing, and equipping of the building or improvements according to the plans and specifications have been substantially completed; and

    (b)  That all accommodations of the timeshare unit and facilities of the timeshare plan are available for use in a manner identical in all material respects to the manner portrayed by the promotional material, advertising, and public offering statements filed with the Louisiana Real Estate Commission. See Louisiana Revised Statutes 9:4402

  • Computer: includes an electronic, magnetic, optical, or other high-speed data processing device or system performing logical, arithmetic, and storage functions, and includes any property, data storage facility, or communications facility directly related to or operating in conjunction with such device or system. See Louisiana Revised Statutes 14:73.1
  • Computer network: means a set of related, remotely connected devices and communication facilities including at least one computer system with capability to transmit data through communication facilities. See Louisiana Revised Statutes 14:73.1
  • Computer services: means providing access to or service or data from a computer, a computer system, or a computer network, and also includes but is not limited to data processing services, Internet services, electronic mail services, electronic message services, or information or data stored in connection therewith. See Louisiana Revised Statutes 14:73.1
  • Computer software: means a set of computer programs, procedures, and associated documentation concerned with operation of a computer system. See Louisiana Revised Statutes 14:73.1
  • Computer system: means a set of functionally related, connected or unconnected, computer equipment, devices, or computer software. See Louisiana Revised Statutes 14:73.1
  • Conspicuous type: means type in boldfaced capital letters no smaller than the largest type, exclusive of headings, on the page on which it appears and, in all cases, at least 10-point type. See Louisiana Revised Statutes 9:4402
  • Contract: includes any agreement conferring the rights and obligations of a timeshare ownership on the purchaser. See Louisiana Revised Statutes 9:4402
  • Control: means to have actual authority to direct the circumstances of use of an access area or access facility, including its maintenance, lighting, and landscaping. See Louisiana Revised Statutes 33:4065.4
  • Credit bureau: An agency that collects individual credit information and sells it for a fee to creditors so they can make a decision on granting loans. Typical clients include banks, mortgage lenders, credit card companies, and other financing companies. (Also commonly referred to as consumer-reporting agency or credit-reporting agency.) Source: OCC
  • Customer: means a person or other legal entity who owns an account provided by an operator whose access facility is being used. See Louisiana Revised Statutes 33:4065.4
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Department: means the Louisiana Department of Agriculture and Forestry. See Louisiana Revised Statutes 14:68.1
  • Dependent: A person dependent for support upon another.
  • Dependent: means the person or persons to whom, under the provisions of Part II of this Chapter, compensation shall be paid upon the death of the injured employee. See Louisiana Revised Statutes 9:5212
  • Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
  • Developer: means the person, or any successor or assignee of such person, who creates the timeshare plan or who is in the business of making sales of timeshare interests which it owns or purports to own. See Louisiana Revised Statutes 9:4402
  • Director: means the director of the office of workers' compensation administration. See Louisiana Revised Statutes 9:5212
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
  • Electronic mail service provider: means any person who both:

    (a)  Is an intermediary in sending or receiving electronic mail. See Louisiana Revised Statutes 14:73.1

  • Enrolled bill: The final copy of a bill or joint resolution which has passed both chambers in identical form. It is printed on parchment paper, signed by appropriate officials, and submitted to the President/Governor for signature.
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • Escheat: Reversion of real or personal property to the state when 1) a person dies without leaving a will and has no heirs, or 2) when the property (such as a bank account) has been inactive for a certain period of time. Source: OCC
  • Escrow: Money given to a third party to be held for payment until certain conditions are met.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Ex officio: Literally, by virtue of one's office.
  • Exchange company: means the person operating a program providing any opportunity or procedure for the assignment or exchange of timeshare interests among owners and purchasers in the same or other timeshare plans. See Louisiana Revised Statutes 9:4402
  • Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
  • Fiduciary: A trustee, executor, or administrator.
  • Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
  • Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. Source: OCC
  • Forgery: The fraudulent signing or alteration of another's name to an instrument such as a deed, mortgage, or check. The intent of the forgery is to deceive or defraud. Source: OCC
  • Fraud: Intentional deception resulting in injury to another.
  • Germane: On the subject of the pending bill or other business; a strict standard of relevance.
  • governing authority: means collectively the body which exercises the governmental and financing functions of the local governmental subdivision, or the school board;

    (2)  "issuer" means the local governmental subdivision or school board in whose name bonds authorized hereunder are issued;

    (3)  "local governmental subdivision" means any parish or municipality;

    (4)  "resolution" means a resolution, ordinance, act or other appropriate legislative enactment of a governing authority;

    (5)  "sales tax revenues" means the proceeds or avails of any sales tax imposed under the authority of Section 29 of Article VI of the Constitution of the State of Louisiana of 1974 or any other authority except R. See Louisiana Revised Statutes 39:698.1

  • Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Health care provider: means a hospital, a person, corporation, facility, or institution licensed by the state to provide health care or professional services as a physician, hospital, dentist, registered or licensed practical nurse, pharmacist, optometrist, podiatrist, chiropractor, physical therapist, occupational therapist, psychologist, graduate social worker or licensed clinical social worker, psychiatrist, or licensed professional counselor, and any officer, employee, or agent thereby acting in the course and scope of his employment. See Louisiana Revised Statutes 9:5212
  • Hours of darkness: means the period that commences thirty minutes after sunset and ends thirty minutes before sunrise. See Louisiana Revised Statutes 33:4065.4
  • In forma pauperis: In the manner of a pauper. Permission given to a person to sue without payment of court fees on claim of indigence or poverty.
  • Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. Source: FDIC
  • Intangible property: Property that has no intrinsic value, but is merely the evidence of value such as stock certificates, bonds, and promissory notes.
  • Intellectual property: includes data, computer programs, computer software, trade secrets as defined in R. See Louisiana Revised Statutes 14:73.1
  • Inter vivos: Transfer of property from one living person to another living person.
  • Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. Source: OCC
  • Jurisprudence: The study of law and the structure of the legal system.
  • Lease timeshare interest: means an interest in which a person receives the right to use or occupy, however evidenced or documented, immovable property for a period of time or intervals of time which can be less than a full year during each year, over a period of more than three years. See Louisiana Revised Statutes 9:4402
  • Legacy: A gift of property made by will.
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • Livestock: means cattle, buffalo, bison, oxen, and other bovine; horses, mules, donkeys, and other equine; sheep; goats; swine; domestic rabbits; fish, turtles, and other animals identified with aquaculture that are located in artificial reservoirs or enclosures that are both on privately owned property and constructed so as to prevent, at all times, the ingress and egress of fish life from public waters; imported exotic deer and antelope, elk, farm-raised white-tailed deer, farm-raised ratites, and other farm-raised exotic animals; chickens, turkeys, and other poultry; and animals placed under the jurisdiction of the commissioner of agriculture and forestry and any hybrid, mixture, or mutation or any such animal. See Louisiana Revised Statutes 14:44.2
  • Lot: means any plot or parcel of land designated for separate ownership shown on a recorded subdivision plat for a residential development or the boundaries of which are otherwise described in a recorded instrument, other than common area, within the jurisdiction of the residential community as such area is described in the community documents. See Louisiana Revised Statutes 9:1141.2
  • Managing entity: means an entity with the duty to manage and operate the timeshare plan and/or the timeshare property. See Louisiana Revised Statutes 9:4402
  • Mortgage loan: A loan made by a lender to a borrower for the financing of real property. Source: OCC
  • Mortgagee: The person to whom property is mortgaged and who has loaned the money.
  • Mortgagor: The person who pledges property to a creditor as collateral for a loan and who receives the money.
  • Multiple use project: means a project which combines hotel and/or apartment accommodations with timeshare units in which the timeshare interest sold is a lease timeshare interest and the hotel and/or apartment units exceed fifty units in number not subject to a timeshare interest and the timeshare interest units of the development account for less than forty percent of the total square footage of all the units in the project. See Louisiana Revised Statutes 9:4402
  • National Bank: A bank that is subject to the supervision of the Comptroller of the Currency. The Office of the Comptroller of the Currency is a bureau of the U.S. Treasury Department. A national bank can be recognized because it must have "national" or "national association" in its name. Source: OCC
  • Night depository: means a slot or compartment located in this state and provided by an operator to facilitate the delivery of cash or other negotiable instruments into a customer's account during non-business hours of operation. See Louisiana Revised Statutes 33:4065.4
  • Oath: A promise to tell the truth.
  • Office: means the office of workers' compensation administration established pursuant to R. See Louisiana Revised Statutes 9:5212
  • Operator: means a state or national bank, savings association, credit union, industrial loans company, mutual savings bank, or other business entity that controls an access facility or access area. See Louisiana Revised Statutes 33:4065.4
  • Outlays: Outlays are payments made (generally through the issuance of checks or disbursement of cash) to liquidate obligations. Outlays during a fiscal year may be for payment of obligations incurred in prior years or in the same year.
  • Owner: means any person who owns or is a co-owner of a timeshare interest. See Louisiana Revised Statutes 9:4402
  • Owner of livestock: means any person owning or having control of livestock. See Louisiana Revised Statutes 14:44.2
  • Payor: means the entity responsible, whether by law or contract, for the payment of benefits incurred by a claimant as a result of a work related injury. See Louisiana Revised Statutes 9:5212
  • Person: means an individual, partnership, corporation, or other legal entity. See Louisiana Revised Statutes 9:4402
  • Personal property: All property that is not real property.
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • planned community: means a real estate development, used primarily for residential purposes, in which the owners of separately owned lots are mandatory members of an association by virtue of such ownership. See Louisiana Revised Statutes 9:1141.2
  • political activity: means an effort to support or oppose the election of a candidate for political office or to support a particular political party in an election. See Louisiana Revised Statutes 33:4066.3
  • Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
  • Preliminary hearing: A hearing where the judge decides whether there is enough evidence to make the defendant have a trial.
  • Pretrial conference: A meeting of the judge and lawyers to discuss which matters should be presented to the jury, to review evidence and witnesses, to set a timetable, and to discuss the settlement of the case.
  • Probable cause: A reasonable ground for belief that the offender violated a specific law.
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • Project: includes but is not limited to condominiums and cooperative housing corporations. See Louisiana Revised Statutes 9:4402
  • Proper means: includes :

    (a)  Discovery by independent invention. See Louisiana Revised Statutes 14:73.1

  • Property: means property as defined in R. See Louisiana Revised Statutes 14:73.1
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • Public highway: means any public way except those highways provided for in R. See Louisiana Revised Statutes 14:44.2
  • Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
  • Purchaser: means any person to whom a timeshare interest is offered or who has contracted to purchase a timeshare interest. See Louisiana Revised Statutes 9:4402
  • Recourse: An arrangement in which a bank retains, in form or in substance, any credit risk directly or indirectly associated with an asset it has sold (in accordance with generally accepted accounting principles) that exceeds a pro rata share of the bank's claim on the asset. If a bank has no claim on an asset it has sold, then the retention of any credit risk is recourse. Source: FDIC
  • Releasing agency: means an animal pound, shelter, humane organization, or animal control agency, whether public or private. See Louisiana Revised Statutes 14:36
  • Relocation: means a change in the principal residence of a child for a period of sixty days or more, but does not include a temporary absence from the principal residence. See Louisiana Revised Statutes 9:2045
  • Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
  • Rescission: The cancellation of budget authority previously provided by Congress. The Impoundment Control Act of 1974 specifies that the President may propose to Congress that funds be rescinded. If both Houses have not approved a rescission proposal (by passing legislation) within 45 days of continuous session, any funds being withheld must be made available for obligation.
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
  • School: means an accredited public or private educational institution that provides educational services to children of compulsory attendance age. See Louisiana Revised Statutes 39:698.13
  • Service of process: The service of writs or summonses to the appropriate party.
  • Statement: includes but is not limited to any notice, statement, proof of loss, bill of lading, receipt for payment, invoice, account, estimate of property damages, bill for services, diagnosis, prescription, hospital or doctor records, test results, X-rays, or other evidence of loss, injury, or expense. See Louisiana Code of Civil Procedure 14:91
  • Sterilization: means the surgical removal of the reproductive organs of a dog or cat in order to render the animal unable to reproduce. See Louisiana Revised Statutes 14:36
  • Summons: Another word for subpoena used by the criminal justice system.
  • Temporary restraining order: Prohibits a person from an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held.
  • Testify: Answer questions in court.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Timeshare association: means a corporation owned by the timeshare interest owners and through which the timeshare interest owners manage and regulate the timeshare property. See Louisiana Revised Statutes 9:4402
  • Timeshare documents: means all of the documents, by whatever names denominated, and any amendments thereto, which establish the timeshare plan, create and govern the rights and relationships of owners, and govern the use and operation of the timeshare property. See Louisiana Revised Statutes 9:4402
  • Timeshare expenses: means any expenditures, fees, charges, or other liabilities for which an owner of a timeshare interest is liable as a result of the ownership of the timeshare interest. See Louisiana Revised Statutes 9:4402
  • Timeshare instrument: means the legal document or documents, by whatever names denominated, that convey a timeshare interest to a purchaser. See Louisiana Revised Statutes 9:4402
  • Timeshare interest: means an ownership "timeshare interest" a lease timeshare interest, a timeshare estate, and a timeshare use unless expressly provided otherwise and includes any of the following:

    (a)  A "timeshare estate" which is the right to occupy a timeshare property, coupled with present ownership or some right to future ownership in a timeshare property or a specified portion thereof. See Louisiana Revised Statutes 9:4402

  • Timeshare plan: means any arrangement, plan, scheme, or similar device, other than an exchange program, whether by membership agreement, sale, lease, license, other act of conveyance, or right-to-use agreement or by any other means, whereby a purchaser, in exchange for consideration, receives ownership rights in or the right to use accommodations for a period of time less than a full year during any given year, but not necessarily for consecutive years. See Louisiana Revised Statutes 9:4402
  • Timeshare property: means one or more timeshare units subject to the same timeshare plan, together with any common elements or any other immovable property, or rights therein, appurtenant to those units. See Louisiana Revised Statutes 9:4402
  • Timeshare unit: means a unit which is the subject of a timeshare plan. See Louisiana Revised Statutes 9:4402
  • Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • Trust account: A general term that covers all types of accounts in a trust department, such as estates, guardianships, and agencies. Source: OCC
  • Truth in Lending Act: The Truth in Lending Act is a federal law that requires lenders to provide standardized information so that borrowers can compare loan terms. In general, lenders must provide information on Source: OCC
  • Unit: means immovable property, or a portion thereof, designated for separate occupancy. See Louisiana Revised Statutes 9:4402
  • Unsolicited bulk electronic mail: means any electronic message which is developed and distributed in an effort to sell or lease consumer goods or services and is sent in the same or substantially similar form to more than one thousand recipients. See Louisiana Revised Statutes 14:73.1
  • Venue: The geographical location in which a case is tried.
  • Wages: means average weekly wage at the time of the accident. See Louisiana Revised Statutes 9:5212
  • Writ: A formal written command, issued from the court, requiring the performance of a specific act.