Walton, KY Animal Ordinance

City of Walton, KY Code of Ordinance

 CHAPTER 90: Animals

General Provisions

   90.01   Definitions
   90.02   Humane treatment of animals
   90.03   Animals to be under control
   90.04   Vicious animals
   90.05   Wild, exotic animals
   90.06   Licensing
   90.07   Rabies vaccination

Administration and Enforcement

   90.15   Powers of Boone County Animal Control
   90.16   Adoption; mandatory spay, neuter
   90.17   Humane Societies

Pit Bull Terriers

   90.20   Definitions
   90.21   Pit Bull Terriers Prohibited

Commercial Animal Establishments

   90.30   Definition
   90.31   Licensing provisions
   90.32   Minimum standards
   90.33   Inspections
   90.34   License revocation
   90.99   Penalty

GENERAL PROVISIONS

§ 90.01  DEFINITIONS.
For the purpose of this chapter the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ABANDON.   Any animal left more than twenty-four (24) hours without a person checking on the condition of the animal 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.   The department of Boone County which is designated by the Fiscal Court to enforce the provisions of this chapter and to operate the Boone County Animal Shelter.
ANIMAL CONTROL OFFICER.   Any person designated by the Director of Boone County Animal Control who is qualified to perform duties under the laws and ordinances of the Commonwealth of Kentucky and Boone County.  An animal control officer shall be a law enforcement officer for the purposes of this chapter only.
ANIMAL SHELTER.   Any premises operated or approved for operation by the Boone County Fiscal Court for the purpose of impounding and caring for animals held under the authority of this chapter.
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.
DAY.   For the purposes of this chapter, a twenty-four (24) hour period shall constitute a day.
DIRECTOR OF BOONE COUNTY ANIMAL CONTROL.   The person appointed by the Boone County Judge Executive and approved by the Boone County Fiscal Court to be the Chief Animal Control Officer.
DOMESTIC ANIMAL.   Such 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 Boone County 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, corporation or other entity owning, keeping, harboring or sheltering one or more animals.
PERSON.   Shall mean and include all natural persons, corporations, partnerships, firms, associations, governmental bodies, agencies, and other entities.
PET.   Domesticated animal kept for pleasure rather than utility.
PUBLIC NUISANCE.   Any animal which:
   (1)   Molests passers-by or passing vehicles;
   (2)   Attacks people or other animals;
   (3)   Damages public or private property;
   (4)   Is repeatedly at large;
   (5)   Makes noise in an excessive or continuous or untimely fashion;
   (6)   Repeatedly urinates or defecates on property not belonging to the animal’s owner or creates unsanitary conditions; or
   (7)   Disturbs the peace, comfort or health of persons in any other manner.
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 (10) days.
QUALIFIED PERSON.   Any person granted a permit by the Kentucky Department of Human Resources to vaccinate their own animal against rabies.
REASONABLE GROOMING. To maintain an animal’s coat to prevent conditions which inhibits normal walking or eliminating body waste or which is 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 such 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 animals.
VETERINARY HOSPITAL.   Any establishment maintained and operated by a licensed veterinarian for surgery, diagnosis, and treatment of diseases and injuries of animals.
VICIOUS ANIMAL.
(A)   (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; or
         (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; or
         (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; or
         (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; or
         (5)   Any animal owned or harbored primarily or in part for the purpose of fighting with animals.
(B)   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.
(C)   Exceptions.  An animal shall not be deemed vicious solely because:
         (1)   It bites, attacks or menaces
(a)   Any person assaulting its owner
(b)   Any person or animal who has tormented or abused it; or
(2)   It is otherwise acting in defense of any attack from a person or other animal upon its owner or another person; or
(3)   It is protecting or defending its young or the young of any other animal.
WILD ANIMAL.   Any animal not domesticated, not ordinarily tame or which is by nature an animal that lives apart from human beings.
(Ord. 1995-13, passed 10-9-95; Am. Ord. 2003-09, passed 8-11-03)
§ 90.02  HUMANE TREATMENT OF ANIMALS.
(A)   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 Boone County Animal Control from humanely euthanizing any animal.
(B)   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.
(C)   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.
(D)   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 chapter.
(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)   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
(G)   No person 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.
(H)   Any person, who as the operator of a motor vehicle, strikes a domestic animal, shall immediately report the incident to Boone County Animal Control or any Law Enforcement Officer.
(I)   No person 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 (4″), as a prize.
(J)   It shall be unlawful for any person to color, stain, or dye or otherwise change the natural color of any live animal or to offer colored animals for sale in Boone County, except that the mane and tail of an equine may be changed pursuant to accepted practices in showing the equine.
(K)   It shall be unlawful to sell baby chicks, ducks or rabbits under the age of two (2) months in quantities less than six (6).
(L)   Any animal which is chained, tied or otherwise restrained shall be provided no less than ten (10′) feet of chain, rope, etc., 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 or keeper’s property, shall be deemed running at large.
(M)   It shall be unlawful for any person to crop a dog’s ears or tail, except a licensed veterinarian.
(Ord. 1995-13, passed 10-9-95; Am. Ord. 2003-09, passed 8-11-03)  Penalty, see § 90.99
Statutory reference:
Cruelty and mistreatment of animals, see KRS 525.125 and 525.130
§ 90.03  ANIMALS TO BE UNDER CONTROL.
(A)   It shall be unlawful for any person to permit any animal owned or harbored by him, to run at large.  When livestock are 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 the livestock shall be notified prior to the actual capture and impoundment of the livestock.
(B)   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 dog that is in season (heat, estrus) shall be confined in a building or secure enclosure in a manner that the female dog cannot come in contact with a male dog except for planned breeding.
(C)   It shall be unlawful for any person to own or possess an animal that chases, snaps at, bites or attacks persons, vehicles, or gets into garbage cans or bags or damages property in any manner.
(D)   It shall be unlawful to own or possess an animal that conducts itself in such a manner as to constitute a public nuisance.
(Ord. 1995-13, passed 10-9-95; Am. Ord. 2003-09, passed 8-11-03)  Penalty, see § 90.99
Statutory reference:
Confinement and control of dogs at night, see KRS 258.265
Confinement of female dogs in heat, see KRS 258.255
§ 90.04  VICIOUS ANIMALS.
Any animal deemed by the Boone District Court to be a vicious animal shall in addition to being registered with Boone County Animal Control, meet the following requirements:
(A)   All vicious animals shall be confined in an enclosure constructed of an uncovered fence or structure of at least seven feet (7′) in height with anticlimbers or a covered structure of sufficient height to allow the dog to stand erect without touching the top or cover.  All 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.
(B)   The enclosure shall display a sign warning of the vicious animal and shall be visible from the public roadway or public access if applicable.
(C)   It shall be unlawful to allow any vicious animal 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 Boone County 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 (3′) in length or placed in a secure animal carrier.
(D)   The owner or keeper of a vicious animal shall immediately notify Boone County Animal Control if the animal is loose, unconfined, has attacked an animal or human being, or is deceased.
(Ord. 1995-13, passed 10-9-95)
§ 90.05  WILD, EXOTIC ANIMALS.
(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 rehabiltators.
(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 rehabiltators.
(C)   It shall be unlawful to sell, own, harbor or keep any venomous reptile.
(Ord. 1995-13, passed 10-9-95; Am. Ord. 2003-09, passed 8-11-03)
§ 90.06  LICENSING.
(A)   The owners of all dogs or those who harbor or maintain dogs in Boone County shall license and register their dog with Boone County Animal Control, in accordance with this chapter and the Kentucky Revised Statutes.  Licenses shall be issued by Boone County Animal Control at the Boone County Animal Shelter during regular operating hours.  Upon payment the owner shall be issued a certificate of registration and the license tag.  Dog license tags must be attached to a collar and worn by the dog at all times.
(B)   Any Humane Society which operates a fixed site in Boone County and takes in stray or unwanted animals shall apply for a license with Boone County Animal Control.  The site shall be inspected prior to annual license renewal.
(Ord. 1995-13, passed 10-9-95; Am. Ord. 2003-09, passed 8-11-03)  Penalty, see § 90.99
Statutory reference:
Dog Licensure, see KRS 258.135
90.07  RABIES VACCINATION.
(A)   All dogs, cats and ferrets four (4) 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.
(B)   Any dog, cat, or ferret reclaimed or adopted from the Boone County Animal Shelter must have a valid rabies vaccination. The purchase or issuance of a rabies voucher through the Animal Shelter shall constitute temporary compliance with this section until the expiration date of said voucher.
(Ord. 1995-13, passed 10-9-95; Am. Ord. 2003-09, passed 8-11-03)  Penalty, see § 90.99
Statutory reference:
Rabies control, see KRS 258.005 – 258.090

ADMINISTRATION AND ENFORCEMENT

§ 90.15  POWERS OF BOONE COUNTY ANIMAL CONTROL.
(A)   The Director and all officers of Boone County Animal Control shall have the powers of a peace officer for the purpose of enforcing animal control laws and ordinances in the county, if they otherwise qualify as a peace officer under the laws of the Commonwealth of Kentucky.
(B)   All officers of Boone County Animal Control shall comply with KRS 61.300.
(C)   Whenever it is necessary for Boone County Animal Control to make an inspection in order to perform any duty or enforce any provision in this chapter or any other applicable state statute they are hereby empowered to enter such property at a reasonable time and inspect the premises.  Boone County Animal Control shall have the power only if the consent of the owner or occupant of the property is freely given, a search warrant is obtained or such exigent circumstances exist that a warrantless, non-consential search is required.
(D)   All animals of any age, running at large as defined in this chapter, and found in Boone County, may be picked up by Boone County Animal Control and impounded in the animal shelter.  All animals of any age which have bitten or scratched a human being and which can not be properly quarantined or found not properly quarantined may be picked up by Boone County 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.
(E)   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 (5) days unless it is earlier claimed by its owner.  If the animal is not claimed by its owner within five (5) days of impoundment, the animal may then be offered for adoption or may be euthanized at the discretion of the Director of Boone County 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 the animal, if applicable, from Boone County Animal Control.  Animal control shall make reasonable efforts to locate and inform the owner of any animal that the animal has been impounded.
(F)   Any cat impounded in the Boone County Animal shelter shall be held for a minimum of three (3) days or unless it is earlier claimed by its owner.  If the animal is not claimed by its owner within three (3) 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.
(G)   When any licensed animal or animal whose owner is known, is impounded in the Boone County Animal Shelter, Animal Control shall notify the owner by certified mail, return receipt requested, within three (3) business days of impoundment. If the certified mail is returned undeliverable, the animal shall be held a minimum of fourteen (14) days from the date of impoundment, before the animal may be adopted or euthanized at the discretion of the Director of Animal Control.
(H)   The registered owner shall reclaim the animal within ten (10) 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 (10) 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 Boone County Animal Control.  Any person claiming or reclaiming an animal pursuant to this section shall pay to Boone County Animal Control a reasonable fee for board, administration and medical attention during the impoundment.
(I)   An Animal Control Officer may choose to issue a misdemeanor notice in lieu of a uniform citation.  The misdemeanor notice will stipulate the violation observed, associated fee and compliance date. The misdemeanor notice shall allow up to but not exceed seven (7) 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 District Court at the designated court date and time.  If a 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 (50%) of the violation fees collected shall be used to fund the Spay/Neuter Assistance Program.
(J)   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.
(K)   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 § 90.03(B) or § 90.05. 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.
(L)   It shall be unlawful for any person or owner to interfere with, hinder, harass, or abuse any officer or individual authorized to enforce the provisions of this chapter.
(M)   Any and all fees shall be set annually by the Director of Animal Control, including but not limited to , animal related licenses, adoption, boarding, administration, and violation fees.
(Ord. 1995-13, passed 10-9-95; Am. Ord. 2003-09, passed 8-11-03)
Statutory reference:
Impounding, destruction of dogs; exemption of hunting dogs, see KRS 258.215
§ 90.16  ADOPTION; MANDATORY SPAY, NEUTER.
(A)   Prior to the adoption of any animal from the Boone County Animal Shelter an application must be completed by the person wishing to adopt the animal.  The application is designed to determine the prospective owner’s ability to care for the animal.
(B)   Boone County Animal Control and the Boone County Animal Shelter are not obligated to sell or transfer possession of any animal in their custody.
(C)   All dogs and cats adopted from the Boone County Animal Shelter or a licensed humane society must be surgically altered to prevent breeding.  The surgical alteration must occur within thirty (30) days after obtaining the dog or cat.  If the animal is a puppy or kitten it must be surgically altered within thirty (30) days after reaching five (5) months of age.  For the purpose of this section, “obtained” does not include any animal reclaimed by its owner.
(D)   Any and all fees for adoption shall be set annually by the Director of Boone County Animal Control.
(Ord. 1995-13, passed 10-9-95; Am. Ord. 2003-09, passed 8-11-03)  Penalty, see § 90.99
§ 90.17  HUMANE SOCIETIES.
(A)   All humane societies in Boone County shall be governed by the same standards as commercial animal establishments 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 the animal in;
      (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.
      (6)   Verification of neutering.
(Ord. 1995-13, passed 10-9-95; Am. Ord. 2003-09, passed 8-11-03)  Penalty, see § 90.99

PIT BULL TERRIERS

§ 90.20  DEFINITIONS.
As used herein the following words have the meaning indicated:
PERSON.   Means any natural person, corporation partnership, joint venture, unincorporated association, or any combination thereof.
PIT BULL TERRIER.   Means any dog which either:
      (1)   Is registered with the American Kennel Club as either an American Staffordshire Terrier or a Staffordshire Bull Terrier; or
      (2)   Is registered with the United Kennel Club as an American Pit Bull Terrier; or
      (3)   Conforms to either of the attached standards of the American Kennel Club for the American Staffordshire Terrier or the Staffordshire Bull Terrier which were published, with an example photograph, in the 18th Edition of The Complete Dog Book in 1992; or
      (4)   Has predominant physical characteristics which are those of either the American Staffordshire Terrier or the Staffordshire Bull Terrier indicated in the attached standards of the American Kennel Club which were published, with an example photograph, in the 18th edition of The Complete Dog Book in 1992.
§ 90.21  PIT BULL TERRIERS PROHIBITED.
(A)   It is hereby determined that Pit Bull Terriers have inherently vicious and dangerous propensities; and are potentially hazardous and unreasonably dangerous to the health, safety and welfare of the citizens, residents and inhabitants of the City of Walton.
(B)   The ownership, location, maintenance, keeping, harboring or use of Pit Bull Terriers in the City of Walton is hereby declared to be a public nuisance.
(C)   No person shall cause, permit, promote, aid, assist, encourage or engage in the ownership, location, maintenance, keeping, harboring or use of Pit Bull Terriers in the City of Walton, unless such person is a veterinarian licensed by the Commonwealth of Kentucky, and engaged in the business thereof, at the address indicated in the occupational license issued therefore, by the City of Walton.  A violation of this section shall constitute a misdemeanor.
(Ord. 2000-03, passed 2-14-00)

COMMERCIAL ANIMAL ESTABLISHMENTS

§ 90.30  DEFINITION.
In addition to the definitions provided in § 90.01, the following definition shall apply to the provisions of this chapter, unless the context clearly indicates or requires a different meaning.
OWNER or OPERATOR.   Any person, group of persons, partnership, or any entity owning or operating a commercial animal establishment.
(Ord. 2003-09, passed 8-11-03)
§ 90.31  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. 2003-09, passed 8-11-03)  Penalty, see § 90.99
Statutory reference:
Kennel licensure, see KRS 158.165
§ 90.32  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 another 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. 2003-09, passed 8-11-03)  Penalty, see § 90.99
90.33  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 establishment 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. 2003-09, passed 8-11-03)  Penalty, see § 90.99
§ 90.34  LICENSE REVOCATION.
The Director of Animal Control may revoke any license issued under § 90.06(B) or § 90.31. Grounds for such revocation include, but are not limited to, conviction pursuant to any violation of this chapter or conviction pursuant to any related state or federal law.  Failure to adhere to the standards set forth in this chapter or failure to permit the Department of Animal Control to inspect any establishment, business, or person regulated by this chapter 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 (7) 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 (10) 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 thirty (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. 2003-09, passed 8-11-03)
§ 90.99  PENALTY.
Any person violating any section of this chapter shall be deemed guilty of a Class A misdemeanor as defined by Kentucky Revised Statues 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.
(A)   Any person failing to comply with the mandatory spay or neuter requirements of § 90.16 (C) shall:
(1)   For the first offense either show the Court proof from a licensed veterinarian that the surgical procedure has been performed or be ordered by the Court to surrender the animal to Boone County Animal Control without a refund of adoption fees, and be fined a sum not less than fifteen dollars ($15.00) nor more than one hundred dollars ($100.00).
(2)   For the second offense immediately surrender the animal to Boone County Animal Control without a refund of adoption fees, and be fined not less than fifty dollars ($50.00) nor more than two hundred dollars ($200.00).
(B)   Any person failing to comply with the licensing requirements of § 90.06, 90.17, or 90.31 or the vaccination requirements of § 90.07 shall on a first offense be fined not less than five dollars ($5.00) nor more than one hundred dollars ($100.00); on a second offense shall be fined not less than fifty dollars ($50.00) nor more than one hundred fifty dollars ($150.00); on a third offense shall be fined not less than one hundred dollars ($100.00) nor more than two hundred fifty dollars ($250.00); and on the fourth or subsequent offense shall be guilty of a misdemeanor and shall be fined not less than two hundred dollars ($200.00) nor more than five hundred dollars ($500.00).
(C)   Any person violating any provision of § 90.02 relating to the humane treatment of animals shall be fined a sum not to exceed five hundred dollars ($500.00), or sentence up to twelve (12) months in the county jail, or both.
(D)   (1)   Any person violating § 90.03(A), (C) and (D)  shall on the first offense be fined not less than ten dollars ($10.00) nor more than one hundred dollars ($100.00); on the second or subsequent offense shall be fined not less than fifty dollars ($50.00) nor more than two hundred fifty dollars ($250.00).
         (2)   If as a result of a violation of § 90.03(A), any human being is attacked or bitten to the extent of puncturing the skin, for a first offense shall be guilty of a misdemeanor and the penalty shall be not less than one hundred dollars ($100.00) nor more than five hundred dollars ($500.00) or up to ninety (90) days in the county jail or both fine and imprisonment.  Upon conviction of a second or subsequent violation of § 90.03(A) involving an attack or bite puncturing the skin the penalty shall be a fine of not less than two hundred fifty dollars ($250.00) nor more than five hundred dollars ($500.00) or up to one (1) year in the county jail or both fine and imprisonment.  In addition the Boone District Court may consider deeming the animal to be a vicious animal.
(E)   Any livestock owner who violates § 90.03(A) shall on the first offense be fined not less than fifty dollars ($50.00) nor more than two hundred fifty dollars ($250.00) and be required to reimburse the County for all reasonable expenses incurred in capturing, impounding or boarding the livestock.  On a second offense, the owner shall be fined not less than ten dollars ($10.00) nor more than one hundred dollars ($100.00); on a third offense, the owner shall be guilty of a misdemeanor and shall be fined not less than one hundred dollars ($100.00) nor more than five hundred dollars ($500.00).  In any  instance,  the  owner shall reimburse the County for all reasonable expenses incurred in capturing, impounding, boarding, and providing necessary medical services to the livestock.
(F)   Any person violating § 90.03(B),(C), or (D) shall on the first offense be fined not less than fifteen dollars ($15.00) nor more than one hundred dollars ($100.00); on the second offense shall be fined not less than fifty dollars ($50.00) nor more than two hundred dollars ($200.00) and on the third or subsequent offense shall be guilty of a misdemeanor and shall be fined not less than one hundred fifty dollars ($150.00) nor more than five hundred dollars ($500.00). In addition, if the violation involves an animal attack the Boone District Court may consider deeming the animal a vicious animal.
(G)   Any person failing to comply with the provisions of § 90.04 relating to vicious animals shall for the first offense be fined not less than fifty dollars ($50.00) nor more than two hundred dollars ($200.00) and if the Boone District Court determines that the animal is a danger to the community, the Court may order the animal immediately surrendered to Boone County Animal Control to be euthanized.  On the second offense the animal shall be surrendered to Boone County Animal Control for immediate euthanasia and the person shall be guilty of a misdemeanor and shall be fined not less than two hundred dollars ($200.00) nor more than five hundred dollars ($500.00).
(H)   Any person violating any of the provisions of § 90.05 shall on the first offense be fined not less than five dollars ($5.00) nor more than one hundred dollars ($100.00); on the second offense shall be fined not less than fifty dollars ($50.00) nor more than two hundred fifty dollars ($250.00); and on the third or subsequent offense shall be guilty of a misdemeanor and shall be fined not less than two hundred dollars ($200.00) nor more than five hundred dollars ($500.00).
(I)   Any humane society which fails to comply with the requirements of § 90.17 shall for the first offense be fined not less than five dollars ($5.00) nor more than one hundred dollars ($100.00); on the second offense shall be fined not less than fifty dollars ($50.00) nor more than two hundred fifty dollars ($250.00) and on the third or subsequent offense shall be guilty of a misdemeanor and shall be fined not less than two hundred dollars ($200.00) nor more than five hundred dollars ($500.00) and the fourth offense shall result in permanent license revocation.
(J)   Any person who violates §§ 90.20 or 90.21 shall, upon conviction thereof in a court of competent jurisdiction, be sentenced to a fine in an amount which shall be no more than five hundred dollars ($500.00), or imprisonment, according to law for a period of not more than sixty (60) days, or any combination of such fines and imprisonment; and each separate day of violation, or any part thereof, shall be a separate offense.
(Ord. 1995-13, passed 10-9-95; Am. Ord. 2000-03, passed 2-14-00; Am. Ord. 2003-09, passed 8-11-03)