Was a St. Martin Parish constable personally required to handle stray dogs every day?

Plain-English summary

A St. Martin Parish constable asked whether his office required him to tend to stray dogs regularly. In Opinion 03-0276, the AG said the parish already had a full-time animal control officer, who would be the primary dog-control officer on the facts given. The police jury could delegate primary dog-seizure responsibility to the constable, but the opinion did not say his elected office alone made him the routine primary responder.

The AG read La. R.S. 3:2773 as allowing citizens, sheriffs, constables, and other police officers to seize unaccompanied dogs running at large. It said the sheriff remained responsible for enforcing dog-control laws and ordinances in the parish, including when a designated agency or officer failed to carry out that work.

Currency note

This opinion is dated August 9, 2003. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.

What the opinion meant at issuance

Ward constable

The opinion recognized the constable's statutory authority to seize dogs at large. On the parish arrangement described, the full-time animal control officer had the primary role unless the police jury delegated it differently.

Police jury and sheriff

The AG said the police jury could assign dog-seizure work to a particular officer or agency. It treated the sheriff as retaining law-enforcement responsibility for dog-control measures in the parish.

Common questions

Q: Did the constable have to be St. Martin Parish's main stray-dog officer?
A: Not on the facts described. The opinion identified the parish's full-time animal control officer as primary, while recognizing that the police jury could delegate the role to the constable.

Q: Could a constable seize an unaccompanied dog running at large?
A: Yes. The statute quoted by the AG named constables among those who may seize such dogs.

Q: Did hiring an animal control officer remove the sheriff's responsibility?
A: No. The AG said the sheriff retained responsibility for enforcing parish dog-control laws and ordinances.

Background and statutory framework

La. R.S. 3:2771 addressed dogs running at large, and La. R.S. 3:2773 identified who could seize them. The AG applied those provisions and earlier opinions to a parish with an existing full-time animal control officer and explained how a police jury delegation and the sheriff's continuing enforcement role fit together.

Citations and references

Statutes quoted or cited: La. R.S. 3:2771; La. R.S. 3:2773.

Source

• Landing page: https://www.ag.state.la.us/Opinions
• Original PDF: https://www.ag.state.la.us/Opinion/Download/03-0276

Original opinion text

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One American Place
301 Main Street, Suite 600
DEPARTMENT OF JUSTICE
P.O. Box 94005
CIVIL DIVISION
TEL.: (225) 342-7013
BATON ROUGE
FAX: (225) 342-2090

RICHARD P. IEYOUB
70804-9005
ATTORNEY GENERAL

AUG 9 2003
OPINION NUMBER 03-0276

2 AGRICULTURE - Dogs
84 PARISHES
90 POLICE JURIES - Powers and Functions

Floyd "Hal" Scrantz
La. R.S. 3:2771; La. R.S. 3:2773; La. Atty. Gen. Op. No. 95-3; La. Atty. Gen.
Constable, Ward 5
Op. No. 83-17

St. Martin Parish
The police jury may delegate authority to seize stray dogs to a particular person
1735 Grand Anse Hwy.
or agency. However, the pdmary responsibility of enforcing the dog seizure
Breaux Bridge, LA 70517
ordinances and laws rests with the sheriff.

Dear Constable Scrantz:

You have requested this office to issue an advisory opinion regarding whether it is a requirement of your position as parish constable to tend to stray dogs on a regular basis.

La. R.S. 3:2771 restricts dogs from running at large on any unenclosed land. La. R.S.
3:2773 is the pertinent statute dealing with the seizure of dogs running at large. It states that "any citizen, or the sheriff, constable, or other police officers of any parish, ward, or municipality" may seize dogs unaccompanied by their owners and running at large. Previous attorney general’s opinions have concluded that a reading of this statute puts the responsibility for enforcing La. R.S. 3:2771 squarely upon the sheriff, constable, or other police officers unless the police jury delegates a specific agency as the primary enforcer (emphasis added). If the police jury does not delegate any agency specifically, the sheriff, as primary law enforcer and keeper of order in the parish, would have the responsibility. See La. Atty. Gen. Op. No. 95-3 and La. Atty. Gen. Op. No. 83- 17.

From the information provided, St. Martin Parish already has a full-time animal control officer. Therefore, the primary dog control officer would be the one hired. The police jury, on their own accord, could delegate the primary responsibility of dog seizure to the constable, but the sheriff, by virtue of his office, is still responsible for law enforcement of all state, parish, and local laws and ordinances in his parish, which would include the enforcement of ordinances controlling the running at large of dogs. See La. Atty. Gen.
Op. No. 83-17. If the appointed agency or officer fails at his job, the responsibility would then pass to the sheriff. Therefore, the police jury may delegate authority to seize stray dogs to a particular person or agency. However, the primary responsibility of enforcing the dog seizure ordinances and laws rests with the sheriff.

Page 2

OPINION NUMBER 03-0276
Constable Floyd "Hal" Scrantz
Page - 2 -

I believe the above has addressed your concerns. If you have any other inquiries or
questions, feel free to contact this office at your convenience.

Very truly yours,

RICHARD P. IEYOUB
ATTORNEY GENERAL

CHARLES H. BRAUD JR.
Assistant Attorney General