Florence, KY Animal Ordinance

Florence, KY Code of Ordinance

CHAPTER 91: ANIMALS 

General Provisions

   91.01   Definitions
   91.02   Enforcement
   91.03   Commercial establishments to post emergency names and numbers 
 

Provisions Concerning All Animals

   91.15   Animals disturbing the peace
   91.16   Animals to be under control
   91.17   Inhumane or improper treatment
 

Humane Societies

   91.30   Standards and licensing
 

Bees

   91.40   Bees
 

Wild and Exotic Animals

   91.50   Wild and exotic animals prohibited
 

Dogs

   91.60   Licensing
   91.61   Rabies vaccination
 

Vicious Animals

   91.75   Definitions
   91.76   Confinement
   91.77   Leash and muzzle
   91.78   Signs
   91.79   Insurance
 

Commercial Animal Establishments

   91.85   Definition
   91.86   Licensing provisions
   91.87   Minimum standards
   91.88   Inspections
   91.89   License revocation
   91.99   Penalty
 

Statutory reference:
   Authority to regulate keeping of  animals, see KRS 85.180

 

GENERAL PROVISIONS

91.01 DEFINITIONS.

“ABANDON.”  Any animal left more than 24 hours without a person checking on the condition of the animal(s) and providing food and water.  Any animal left on private property without the owner’s consent or deserted or dumped on public property or roadways.

“ANIMAL.”  Any live vertebrate creature.

“ANIMAL CONTROL OFFICER.”  Any person designated by the Director of Animal Control who is qualified to perform duties under the laws of the Commonwealth of Kentucky and the City of Florence, Kentucky.  An animal control officer shall be a law enforcement officer for the purposes of animal control only.

“ANIMAL SHELTER.”  Any premises operated or approved for operation by the Fiscal Court for the purpose of impounding and caring for animals held under the authority of this ordinance.

“COMMERCIAL ANIMAL ESTABLISHMENT.”  Any pet shop, boarding or breeding kennel, grooming facility, auction, petting zoo, zoological park, circus, performing animal exhibit or any person engaged in the business of breeding, buying, or selling at retail or wholesale, any species of animal for profit.

“DIRECTOR OF ANIMAL CONTROL.”  The person appointed by the Judge/Executive and approved by the Fiscal Court to the Chief Animal Control Officer.

“DIRECTOR OF HUMANE SERVICES.”  Director of the Boone County Animal Shelter, as appointed by the Boone County Judge/Executive and approved by the Boone County Fiscal Court.

“DAY.”  For the purposes of this ordinance, a 24 hour period shall constitute a day.

“DOMESTIC ANIMAL.”  Animals as are habituated to live in or about the habitations of human beings, and which are kept, cared for, sheltered, fed, or harbored for use as a pet or as a source of food, raw materials or income.

“EXOTIC ANIMAL.”  Any animal not indigenous to the United States and not ordinarily tame and which is by nature an animal that lives apart from human beings.

“HUMANE SOCIETY.”  Any person or organization operating from a fixed site and taking in or accepting stray or unwanted animals.

“IMPOUNDED.”  Having been received into the custody of Animal Control, or any authorized representative thereof.

“LIVESTOCK.”  Cattle, sheep, swine, goats, emus, ostriches, horses or any other animals of the bovine, ovine, porcine, caprine, ratite or equine species.

“OWNER.”  Any person, group of persons, partnership, or any entity owning, keeping, harboring, or sheltering one or more animals.

“PERSON.”  All natural persons, partnerships, firms, associations, governmental bodies, agencies and other entities.

“PET.”  A domesticated animal kept for pleasure rather than utility.

“PROPER QUARANTINE.”  Confinement to a secure enclosure which shall not permit the animal to come in contact with another animal or person, except the owner or caregiver, for a period of ten days.

“PUBLIC NUISANCE.”  Any animal or animals which:

(l)   Molests passers-by or passing vehicles;

(2)   Attacks people or other animals;

(3)   Is repeatedly at large;

(4)   Damages public or private property;

(5)   Makes noise in an excessive continuous or untimely manner;

(6)   Creates unsanitary conditions; or

(7)   Disturbs the peace, comfort or health of persons in any other manner.

“QUALIFIED PERSON.”  Any person granted a permit by the Kentucky Department of Human Resources to vaccinate his or her own animal against rabies.

“REASONABLE GROOMING.”  To maintain an animal’s coat to prevent conditions which inhibit normal walking or eliminating body waste, or which are medically harmful to the animal.

“RESTRAINT.”  Enclosed in an area by a form of fencing designed to control the movement of the animal or secured by a leash or chain. An animal shall be deemed to be restrained if it remains on the premises of its owner or if it is accompanied by a responsible person and is under that person’s control.

“RUNNING AT LARGE.”  Any animal that is off the property of the owner, custodian, possessor or harborer and is not restrained. Except that a hound or other hunting dog which has been released from restraint for hunting purposes shall be deemed to be under reasonable control of its owner or handler while engaged in or returning from hunting, and, if the hunting dog becomes temporarily lost from a pack or wanders from actual control or sight of its owner or handler it shall not be deemed to be a violation.

“STRAY.”  Any animal running at large.

“VETERINARIAN.”  One licensed and qualified to treat diseases and injuries of the animal.

“VETERINARY HOSPITAL.”  Any establishment maintained and operated by a licensed veterinarian for surgery, diagnosis, and treatment of diseases and injuries of the animal.

“VICIOUS ANIMAL.”

(1)   Any animal which constitutes a physical threat to human beings or domestic animals due to a known propensity to endanger life by an unprovoked assault or bite which resulted in serious bodily harm;

(2)   Any animal which, when unprovoked, approaches in a terrorizing manner, any person in an attitude of attack upon streets, sidewalks or any public grounds or places;

(3)   Any animal with a known propensity, tendency or disposition to unprovoked attacks which cause injury or endanger the safety of human beings or domestic animals;

(4)   Any animal which bites multiple times or to the extent of causing severe injury and assaults or otherwise attacks human beings or domestic animals;

(5)   Any animal owned or harbored primarily or in part for the purpose of fighting with animals.

(6)   It shall be prima facie evidence that an animal is vicious if the animal bites a human being or domestic animal more than once in the same attack.

(7)   Exceptions. An animal shall not be deemed vicious solely because:

(a)   It bites, attacks or menaces:

  1. Any person assaulting its owner;
  2. Any person or animal who has tormented or abused it; or

(b)   It is otherwise acting in defense of any attack from a person or other animal upon its owner or another person; or

(c)   It is protecting or defending its young or the young of any other animal.

(Ord. 0-4-86, passed 2-ll-86; Am. Ord. 0-30-88, passed 11-8-88; Am. Ord. O-14-10, passed 12-14-10)

 

91.02 ENFORCEMENT.

The city hereby designates the Director of Animal Control and all officers of Animal Control as the proper persons to exercise authority under this ordinance within the city.  This power and authority is as follows:

(A)   The Director and all officers of Animal Control shall have the powers of a peace officer for the purpose of enforcing animal control laws and ordinances in the city, if they otherwise qualify as a peace officer under the laws of the Commonwealth of Kentucky.

(B)   All officers and agents of Animal Control shall comply with KRS 61.300.

(C)   All animals of any age, running at large as defined in this ordinance and found in the city may be picked up by Animal Control and impounded in the animal shelter. All animals of any age which have bitten or scratched a human being and which cannot be properly quarantined or found not properly quarantined may be picked up by Animal Control and impounded in the animal shelter for any applicable quarantine period. A Law Enforcement Officer or Animal Control Officer may order any animal which has bitten or scratched a human being to be quarantined at the animal shelter if the officer has reason to believe such animal is vicious or may pose a threat to the safety of the community. In the event an animal is impounded for a quarantine period, the owner shall be responsible for a reasonable fee for board, administration and medical attention during the impoundment.

(D)   Any animal required to be licensed but found unlicensed or any animal, except cats, whose owner is unknown, shall be impounded for a minimum period of five days unless it is earlier claimed by its owner. If the animal is not claimed by its owner within five days of impoundment, the animal may then be offered for adoption or may be euthanized at the discretion of the Director of Animal Control.  Any person claiming or reclaiming an animal pursuant to this section shall pay a reasonable fee for board, administration, and medical attention for the animal during impoundment and obtain proper licensing for such animal, if applicable, from Animal Control. Animal Control shall make reasonable efforts to locate and inform the owner of any animal that said animal has been impounded.

(E)   Any cat impounded in the animal shelter shall be held for a minimum of three days unless it is earlier claimed by its owner.  If the animal is not claimed by its owner within three days of impoundment the animal may then be offered for adoption or may be euthanized at the discretion of the Director of Animal Control. Any person claiming or reclaiming an animal pursuant to this section shall pay a reasonable fee for board, administration and medical attention for such animal during impoundment.

(F)   When any licensed animal or animal whose owner is known is impounded in the animal shelter, Animal Control shall notify the owner by certified mail, return receipt requested, within three business days of impoundment. If the certified mail is returned undeliverable, the animal shall be held a minimum of 14 days from the date of impoundment before the animal may be adopted or euthanized at the discretion of the Director of Animal Control.

(G)   The registered owner shall reclaim the animal within ten days of the receipt of notice of impoundment. Any licensed animal or animal whose owner is known which is not reclaimed by its owner within ten days of receipt of the notice of impoundment may then be offered for adoption or may be euthanized at the discretion of the Director of Animal Control. Any person claiming or reclaiming an animal pursuant to this section shall pay a reasonable fee for board, administration and medical attention during the impoundment.

(H)   An Animal Control Officer may choose to issue a misdemeanor notice in lieu of a uniform citation. The misdemeanor notice will stipulate the violation(s) observed, associated fee and compliance date. The misdemeanor notice shall allow up to but not exceed seven days to correct the violation. Should the violation not be corrected within the allotted time, then the notice shall serve as a uniform citation and the violating party shall report to Boone County District Court at the designated court date and time. If the violation is serious in nature the Animal Control Officer may issue a uniform citation. All associated fees shall be paid to the Boone County Animal Shelter. Fifty percent of the violation fees shall be used to fund the Spay/Neuter Assistance Program.

(I)   Any animal observed by a Law Enforcement Officer or Animal Control Officer to be in immediate danger may be removed from such situation by the quickest and most reasonable means available.

(J)   In the event that any Law Enforcement Officer or Animal Control Officer witnesses a vicious animal, as defined, the animal may be impounded and the owner cited for violation of § 91.16.  If the owner is cited and the animal impounded, the animal shall remain in the custody of the animal shelter pending a decision by District Court unless ownership is voluntarily relinquished to Animal Control.

(K)   It shall be unlawful for any person or owner to interfere with, hinder, harass, or abuse an officer or individual authorized to enforce the provisions of this ordinance.

(L)   Any and all fees shall be set annually by the Director of Animal Control, including but not limited to animal related license, adoption, boarding, administration and violation fees.

(Ord. 0-4-86, passed 2-ll-86; Am. Ord. 0-30-88, passed 11-8-88; Am. Ord. O-14-10, passed 12-14-10)

 

91.03 COMMERCIAL ESTABLISHMENTS TO POST EMERGENCY NAMES AND NUMBERS.

Any person operating a commercial animal establishment shall post a visible notice containing the names and telephone numbers of persons to be notified in case of an emergency.

(Ord. O-4-86, passed 2-11-86)

 

 

PROVISIONS CONCERNING ALL ANIMALS

91.15 ANIMALS DISTURBING THE PEACE.

It shall be unlawful for any person to keep within the city any animal which by reason of frequent or continual noise or unsanitary conditions, disturbs the peace, comfort, or health of the neighbors.

(Ord. O-4-86, passed 2-11-86) Penalty, see § 91.99

 

91.16  ANIMALS TO BE UNDER CONTROL.

(A)    It shall be unlawful for any person(s) to permit any animal owned or harbored by him, to run at large.  When livestock are found running at large, Animal Control or the law enforcement officer shall make reasonable efforts to notify the owner as soon as possible.  If reasonably possible and feasible, the owner of livestock shall be notified prior to the actual capture and impoundment of the livestock.

(B)   It shall be unlawful to own or possess a vicious animal.

(C)   It shall be unlawful to own or possess an animal that conducts itself in such a manner as to constitute a public nuisance.

(D)   It shall be unlawful to allow a female dog to be exposed during estrus (in season, in heat) so as to attract male dogs. Every female that is in season (in heat, estrus) shall be confined in a building or secure enclosure in such a manner that such female dog cannot come in contact with a male dog except for planned breeding.

(Ord. 0-l-1897, passed 3-l-1897; Am. Ord. 0-42-76, passed 9-28-76; Am. Ord. 0-30-88, passed 11-8-88; Am. Ord. O-14-10, passed 12-14-10) Penalty, see § 91.99

 

91.17  INHUMANE OR IMPROPER TREATMENT.

(A)   It shall be unlawful to abandon any animal.

(B)   It shall be unlawful for any person to inhumanely treat any animal, including, but not limited to, the deprivation of necessities, beating, mutilating, torturing, killing, overloading, overworking, or otherwise abuse any animal. Nothing herein shall prevent Animal Control from humanely euthanizing any animal.

(C)   It shall be unlawful for any person to exhibit, display or keep any animal without providing food, water, adequate shelter from the elements, adequate space, reasonable grooming, ventilation, shade from the sun, proper sanitation, care and medical attention.

(D)   Any animal which is chained, tied or otherwise restrained shall be provided no less than ten feet of chain, rope, and the like with a swivel attached to prevent entanglement.  Any animal restrained in such a manner that the animal’s chain, rope or the like allows the animal to leave its owner’s or keeper’s property shall be deemed running at large.

(E)   It shall be unlawful for any person to keep an animal within the passenger compartment of an automobile without adequate ventilation in the summer or adequate warmth in the winter.  No person shall enclose any animal in the trunk of an automobile. An Animal Control Officer or Law Enforcement Officer shall rescue any animal confined in such a manner.

(F)   It shall be unlawful for any person to stage, cause, instigate, permit, observe, or attend any dog-fight, cock-fight, bull-fight, or other combat between animals or between animals and humans.

(G)   It shall be unlawful for any person to set free any hare, rabbit or other animal for the purpose of violating any provision of this ordinance.

(H)   No performing animal exhibition, circus or horse show shall be permitted, in which the animals are induced or encouraged to perform through the use of chemical, mechanical, electrical or manual devices in a manner which will cause or is likely to cause physical injury or suffering. All equipment used on animals in such shows shall fit properly and be in good working order.

(I)   No person(s) shall expose any poisonous substance, whether mixed with food or not so that the same shall be likely to be eaten by an animal, provided that it shall not be unlawful for a person to expose on his own property, common rat poison, mixed only with vegetable substances.

(J)   Any person who, as the operator of a motor vehicle, strikes a domestic animal, shall immediately report the incident to Animal Control or any Law Enforcement Officer.

(K)   No person(s) shall give away any live animal as a prize or for inducement to enter any contest, game or other competition or as an inducement to enter into any business agreement, whereby the offer was for the purpose of attracting the trade, except that it shall not be unlawful to give away small fish, not to exceed four inches, as a prize.

(L)   It shall be unlawful for any person(s) to color, stain, dye or otherwise change the natural color of any live animal or to offer such colored animals for sale in the county, except that the mane and tail of an equine may be changed pursuant to accepted practices in showing the equine.

(M)   It shall be unlawful to sell baby chicks, ducks or rabbits under the age of two months in quantities less than six.

(N)   It shall be unlawful for any person to crop a dog’s ears or tail, except a licensed veterinarian.

(Ord. O-4-86, passed 2-11-86; Am. Ord. O-14-10, passed 12-14-10)  Penalty, see § 91.99

 

HUMANE SOCIETIES

91.30  STANDARDS AND LICENSING.

(A)   All humane societies in the county shall be governed by the same standards as commercial animal establishments as set forth in § 91.85 through 91.89, and shall be subject to any ordinance pertaining to commercial animal establishments.

(B)   Humane societies shall maintain records on each animal accepted or housed, noting the following:

(1)   Name and address of previous owner or person turning in the animal;

(2)   Date received;

(3)   Condition of the animal and any medical treatment;

(4)   Date of adoption, redemption or euthanization;

(5)   Name and address of new owner; and

(6)   Verification of neutering.

(Ord. O-14-10, passed 12-14-10)

 

BEES

91.40 BEES.

It shall be unlawful for any person, firm, or corporation to own, keep, raise, or harbor bees in the city in any manner so that the bees become a public nuisance.

(Ord. O-24-79, passed 8-28-79; Am. Ord. O-14-10, passed 12-14-10)  Penalty, see § 91.99

Statutory reference:
   Apiaries, see KRS Ch. 252

 

WILD AND EXOTIC ANIMALS

91.50  WILD AND EXOTIC ANIMALS PROHIBITED.

(A)   It shall be unlawful to sell, own, harbor or keep as a pet any wild or exotic animal, not indigenous to the United States, except state and federal conservation officers, licensed nuisance wildlife officers, and licensed rehabilitators.

(B)   It shall be unlawful to sell, own, harbor or keep as a pet any wild animal native to the United States, except state and federal conservation officers, licensed nuisance wildlife officers, and licensed rehabilitators,

(c)   It shall be unlawful to sell, own, harbor or keep any venomous reptile.

(Ord. O-14-10, passed 12-14-10)

 

DOGS

91.60  LICENSING.

(A)   The owners of all dogs or those who harbor or maintain such animals in the city, shall license and register their dog(s) with Animal Control, in accordance with the provisions of this ordinance and the applicable Kentucky Revised Statute. Licenses shall be issued by Animal Control at the animal shelter during regular operating hours.  Upon payment, the owner shall be issued a certificate of registration and a license tag.  Dog license tags must be attached to the dogs collar and worn by the dog at all times.

(B)   Any humane society which operates a fixed site in the county and takes in stray or unwanted animals shall apply for a license with Animal Control.  The site shall be inspected prior to annual license renewal.

(Ord. O-4-86, passed 2-11-86; Am. Ord. O-30-88, passed 11-8-88; Am. Ord. O-14-10, passed 12-14-10)  Penalty, see § 91.99

91.61  RABIES VACCINATION.

All dogs, cats, and ferrets, four months of age and older, shall be vaccinated for rabies and re-vaccinated for rabies at the expiration of the immunization period as certified by a veterinarian.

(Ord. O-4-86, passed 2-11-86; Am. Ord. O-30-88, passed 11-8-88; Am. Ord. O-14-10, passed 12-14-10)  Penalty, see § 91.99

 

VICIOUS ANIMALS

91.75 DEFINITIONS.

For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

“OWNER.” Any person, firm, corporation, organization or department possessing or harboring or having the care or custody of an animal.

“UNCONFINED VICIOUS ANIMAL.” A vicious animal is “unconfined” if the animal is not securely confined indoors or confined in a securely enclosed and locked pen or structure upon the premises of the owner of the animal. The pen or structure must have secure sides and a secure top attached to the sides. If  the pen or structure has no bottom secured to the sides, the sides must be embedded into the ground no less than one foot. All such pens or structures must be adequately lighted and kept in a clean and sanitary condition.

“VICIOUS ANIMAL.”

(1)   Any animal with a known propensity, tendency or disposition to attack unprovoked, to cause injury to, or otherwise threaten the safety of human beings or domestic animal; or

(2)   Any animal which, without provocation, attacks or bites, or has attacked or bitten, a human being or domestic animal; or

(3)   Any animal owned or harbored primarily or in part for the purpose of animal fighting, or any animal trained for animal fighting.

(Ord. O-50-87, passed 1-12-88)

 

91.76 CONFINEMENT.

The owner of a vicious animal shall not suffer or permit the animal to go unconfined.

(Ord. O-50-87, passed 1-12-88) Penalty, see § 91.99

 

91.77 LEASH AND MUZZLE.

The owner of a vicious animal shall not suffer or permit the animal to go beyond the premises of the owner unless the animal is securely muzzled and restrained by a chain or leash, and under the physical restraint of a person. The muzzle shall be made in a manner that will not cause injury to the animal or interfere with its vision or respiration, but shall prevent it from biting any human or animal.

(Ord. O-50-87, passed 1-12-88) Penalty, see § 91.99

 

91.78 SIGNS.

The owner of a vicious animal shall display in a prominent place on his or her premises a clearly visible warning sign indicating that there is a vicious animal on the premises. A similar sign is required to be posted on the pen or kennel of the animal.

(Ord. O-50-87, passed 1-12-88) Penalty, see § 91.99

 

91.79 INSURANCE.

Owners of vicious animals must, within 30 days of the effective date of Ordinance 0-50-87, provide proof to the City Clerk of public liability insurance in the amount of at least $25,000. insuring the owner for any personal injuries inflicted by his or her vicious animal.

(Ord. O-50-87, passed 1-12-88) Penalty, see § 91.99

 

COMMERCIAL ANIMAL ESTABLISHMENTS

 91.85  DEFINITION.

In addition to the definitions provided in § 91.01, the following definition shall apply to the provisions of this subchapter, unless the context clearly indicates or requires a different meaning.

“OWNER AND OPERATOR.”  Any person, group of persons, partnership, or any entity owning or operating a commercial animal establishment.

(Ord. O-14-10, passed 12-14-10)

 

91.86  LICENSING PROVISIONS.

(A)   All commercial animal establishments shall obtain and maintain a valid commercial animal establishment license in order to operate a commercial animal establishment within the county.

(B)   The commercial animal establishment licenses shall be issued by the Director of Animal Control.

(C)   The commercial animal establishment license shall be valid for a period of one year, effective July 1 through June 30 of each year.

(D)   The commercial animal establishment license shall be renewed annually.

(Ord. O-14-10, passed 12-14-10)

 

91.87  MINIMUM STANDARDS.

(A)   All commercial animal establishments shall provide an adequate environment for each animal which is compatible with the general health and welfare of the animal.

(B)   All commercial animal establishments shall provide adequate space for each animal.  Each cage or enclosure shall be large enough for the animal to stand, sit, lie and turn around without touching the walls or ceiling of the cage or enclosure, or other animal.

(C)   All commercial animal establishments shall provide adequate sanitation.  Each cage or enclosure shall be maintained as follows:

(1)   Cages or enclosures containing dogs or cats, of any age, shall be cleaned with hot water, disinfectant and detergent daily (including holidays), or more if conditions require additional cleaning or disinfecting to keep animals out of contact with feces or urine. Litter boxes shall be cleaned daily (including holidays) and the litter changed as needed.

(2)   Cages or enclosures containing birds shall contain a perch and shall be cleaned with hot water and disinfectant at least twice weekly or more if conditions require additional cleaning.

(3)   Cages or enclosures containing small animals shall be cleaned with hot water and disinfectant at least twice weekly or more if conditions require additional cleaning.

(D)   All commercial animal establishments shall provide adequate nourishment and water for each animal as follows:

(1)   Each animal shall be given fresh food and water daily, including holidays.

(2)   Soft food shall be available to those animals unable to chew standard dry food.

(3)   Potable water shall be available to each animal at all times.

(4)   Food and water containers shall be washed and disinfected daily.

(E)   All commercial animal establishments shall provide proper medical treatment from a veterinarian for sick or injured animals.

(F)   All commercial animal establishments shall provide an adequate room (cage) temperature for the general health and welfare of the animal.

(G)   All commercial animal establishments shall provide for general cleanliness of the establishment, and shall not permit an insect or rodent infestation.

(Ord. O-14-10, passed 12-14-10)

 

91.88  INSPECTIONS.

The Director of Animal Control or any Animal Control Officer shall be permitted and empowered to make an inspection of any commercial animal establishment within the county, and shall further be permitted to take photographs of commercial animal establishments during the inspection.  The inspection shall take place upon the verbal request of the Director of Animal Control or any Animal Control Officer, during regular business hours of the commercial animal establishment.

(Ord. O-14-10, passed 12-14-10)

 

91.89  LICENSE REVOCATION.

The Director of Animal Control may revoke any license issued under § 91.60 or §§ 91.85 through 91.89.  Grounds for such revocation include, but are not limited to, conviction pursuant to any violation of this ordinance or conviction pursuant to any related state or federal law.  Failure to adhere to the standards set forth in this ordinance or failure to permit the Department of Animal Control to inspect any establishment, business, or person regulated by this ordinance during regular business hours shall be grounds for revocation of any said license. License revocation notices shall be in writing, specify the number of days for animal removal, not to exceed seven days, and shall state the grounds therefor.  Any person who receives such license revocation notice issued pursuant to this section may appeal such notice to the Animal Shelter Advisory Board within ten days following the receipt of such notice. Any such appeal shall be in writing, shall state the grounds therefor and shall be signed by the person bringing the appeal or his or her authorized representative.  Failure to file a timely appeal to a license revocation notice shall result in license revocation.  A hearing for an appeal shall be held within 30 days of receipt of the notice of appeal before the Animal Shelter Advisory Board, which shall be the sole arbiter of the appeal.

(Ord. O-14-10, passed 12-14-10)

 

91.99  PENALTY.

(A)   Any person violating §§ 91.02; 91.17(A), (B), (C), (D), (E), (F), (G), (H), or (I); or 91.16(B) shall be deemed guilty of a Class A misdemeanor as defined by Kentucky Revised Statutes in accordance with the specific penalties set below.  Each day that a violation occurs shall constitute a separate violation, unless the context clearly indicates otherwise.  Any person violating §§ 91.60(A) and (B); 91.61; 91.17(J), (K), (L), (M), and (N); 91.16(A), (C), or (D) or 91.50 shall be deemed guilty of a civil offense which shall be enforced by the Code Enforcement Board.  The Board shall have the power to issue remedial orders and impose civil fines to enforce this ordinance.

(B)   Any person failing to comply with the licensing requirements of § 91.60 or the vaccination requirements of § 91.61, which are hereby deemed civil offenses, shall on a first offense be fined not less than $10 nor more than $100; on a second or subsequent offense shall be fined not less than $50 nor more than $100.

(C)   Any person violating any provision of § 91.17(A) through (I) relating to the humane treatment of animals shall be fined a sum not to exceed $100, or be sentenced to not less than five and up to 60 days in the county jail, or both.

(D)   Any person violating § 91.17(J) through (N) which are hereby deemed civil offenses shall on the first offense be fined not less than $25 nor more than $100; on the second or subsequent offense shall be fined not less than $50 nor more than $100.

(E)   Any owner who violates § 91.16(A), (C), or (D) which are hereby deemed civil offenses shall on the first offense be fined not less than $50 nor more than $100 and be required to reimburse the county for all reasonable expenses incurred in capturing, impounding, boarding, and providing necessary medical services.

(F)   Upon conviction under § 91.16(B) relating to possession of a vicious animal, the penalty shall be a fine of not less than $50 nor more than $200, or not less than ten and up to 60 days in the county jail or both.  In addition the court shall order one of the following:

(1)   That the following regulations be followed as a condition of the owner retaining ownership of the animal:

(a)   The vicious animal shall be neutered, microchip implanted for identification purposes and registered with Animal Control.

(b)   The vicious animal shall be confined in an enclosure constructed of an uncovered fence or structure of at least seven feet in height with anti-climbers or a covered structure of sufficient height to allow the animal to stand erect without touching the top or cover.  All such enclosures shall be designed to prevent the entry of small children and shall be suitable to confine the vicious animal.  Such enclosures shall be securely closed and locked, and shall be designed to prevent the animal from digging out or otherwise escaping from the enclosure.

(c)   The enclosure shall display a sign warning of the vicious animal and shall be visible from the public roadway or public access if applicable.

(d)   The vicious animal shall not be permitted outside of the dwelling of its owner or outside of the enclosure unless it is necessary to obtain veterinary care or under the direction of Animal Control.  If the vicious animal must be allowed outside the permitted areas, it shall be under the direct control and supervision of its owner or keeper and shall be muzzled and restrained with a lead or leash not to exceed three feet in length, or placed in a secure animal carrier.

(e)   The owner or keeper of a vicious animal shall immediately notify the Public Safety Communication Center if the animal is loose, unconfined, has attacked an animal or human being, or is deceased.

(2)   In the alternative to division (F)(1) above, the court may order that the animal be immediately surrendered to Animal Control to be euthanized.

(G)   Upon a conviction of a second or subsequent offense under § 91.16(B) relating to possession of a vicious animal, the penalty shall be a fine of not less than $50 nor more than $200, or not less than ten and up to 60 days in the county jail, or both; and if the violation involves the same animal, the court shall order the animal immediately surrendered to Animal Control to be euthanized.

(H)   Any person violating the provisions of § 91.50, which are hereby deemed civil offenses, relating to wild and exotic animals shall on the first offense be fined not less than $25 nor more than $100 for each such animal; on the second or subsequent offense shall be fined not less than $50 nor more than $100.  Upon conviction of a first offense for each such animal, the Department of Animal Control shall take possession of said animal.

(I)   Any humane society which fails to comply with the requirements of § 91.30 shall for the first offense be fined not less than $25 nor more than $100; on the second or subsequent offense shall be fined not less than $50 nor more than $100.

(J)   Any commercial animal establishment violating §§ 91.85 through 91.89 shall on the first offense be fined not less than $50 nor more than $100.

(Ord. O-4-86, passed 2-11-86; Am. Ord. O-14-10, passed 12-14-10; Am. Ord. O-19-11, passed 10-11-11)

(K)   Whoever violates any provision of §§ 91.75 through 91.79 shall be guilty of a gross misdemeanor and may be punished by a fine of not less than $50 nor more than $500, or imprisonment of not more than one year in jail, or by both fine and imprisonment.

(Ord. 0-50-87, passed 1-12-88)