(A) Definitions. For the purpose of this section the following definitions shall apply unless the context clearly indicates or requires a different meaning.
(1) "DANGEROUS ANIMAL."
(a) Any animal which constitutes a physical threat to human beings or other domestic animals by virtue of a known or displayed propensity to endanger by pursuing, wounding, or attacking any other domestic animal or human being, whether or not such dangerous animal bears any license tag required by state law. However, an animal shall not be deemed dangerous if it bites, attacks, or menaces anyone assaulting its owner or any person or other animal who has tormented or abused it; it is otherwise acting in defense of an attack from a person or other animal upon the owner or other person; or it is protecting or defending its young or other domestic animal.
(b) Any animal trained, owned, or harbored for the purpose, primarily or in part, of animal fighting.
(c) Any animal which has been trained to attack persons independently or upon oral command, except animals owned by public law enforcement agencies.
(2) "DANGEROUS ANIMAL OFFICER." The Mayor or his duly appointed designee, who shall take complaints of an aggrieved party on the form prescribed by the city and set forth in division (J) of this section.
Cross reference:
Community improvement division, see § 38.04
Riverfest, animals, see § 100.20
(B) Responsibility of all animal owners. It shall be the duty of every owner of any animal, or anyone having any animal in his possession or custody, to exercise reasonable care and to take all necessary steps and precautions to protect other people, property, and animals from injuries or damages which might result from their animal's behavior, regardless of whether such behavior is motivated by mischievousness, playfulness, or ferocity.
(C) Parent or guardian liability. In the event the owner or keeper of any animal is a minor, the parent or guardian of such minor shall be responsible to insure that all provisions of this section are met.
(D) Duty to keep animal under restraint. It shall be the duty of every owner of any animal, or anyone having any animal in his possession or custody, to insure that the animal is kept under restraint and that reasonable care and precautions are taken to prevent the animal from leaving, while unattended, the real property limits of its owner, possessor, or custodian, and that it is securely and humanely enclosed within a house, building, fence, pen, or other enclosure out of which it cannot climb, dig, jump, or otherwise escape of its own volition. Such enclosure must be securely locked at any time the animal is left unattended, or the animal must be securely and humanely restrained by chain, cable and trolley, or other tether of sufficient strength to prevent escape, or the animal must be on a leash under the control of a competent person.
(E) Additional requirements for owners of dangerous animals. Whenever a dangerous animal is outside of its enclosure as provided herein but on the owner's property, it must be attended by the owner and restrained by a secure collar and leash of sufficient strength to prevent its escape. No dangerous animal shall be chained, tethered, or otherwise tied to any inanimate object, such as a tree, post, or building outside of its own enclosure as provided herein. For those owners of dangerous animals who maintain their animal out-of-doors, a portion of their property must be fenced with a perimeter or area fence. Within this perimeter fence, the dangerous animal must be humanely confined inside a pen or kennel of adequate size. The pen or kennel may not share common fencing with the area or perimeter fence. The kennel or fence must have secure sides, a secure top attached to all sides, and the sides must either be buried two (2) feet into the ground, sunken into a concrete pad, or securely attached to a wire bottom. The gate to the kennel must be locked.
(F) (1) Duty to keep animal under restraint while off property. It shall be the duty of the owner of any animal or anyone having an animal in his possession to keep the animal under restraint and in control at all times while the animal is off the real property limits of the owner, possessor, or custodian. For purposes of this section, the animal is deemed under control when:
(a) It is securely confined within a vehicle, whether parked or in motion;
(b) It is properly confined within a secure enclosure with the permission of the owner of the property where the enclosure is located; or
(c) It is securely restrained by a leash or other device held by a competent person.
(2) Except when being transported in, and securely confined within a vehicle, no dangerous animal shall be permitted off the property of his owner except when it is:
(a) Attended by its owner;
(b) Restrained by a secure collar and leash (not to exceed six (6) feet in length), both collar and leash to be of sufficient strength to prevent escape; and
(c) Muzzled by sufficient means to prevent its biting other persons or domestic animals.
Cross-reference:
Riverfest, animals, see § 100.20
(G) Enforcement of restrictions. In the event that any law enforcement officer has probable cause to believe that a dangerous animal is being harbored in violation of this section, he may:
(1) Order the violation immediately corrected and cite the owner or keeper to appear in court for the violation, or
(2) If the violation cannot be immediately corrected and the animal is posing an imminent serious threat to human beings or other domestic animals, the animal may be seized and impounded, in which case the owner or keeper will be cited to appear in court for the violation. At the owner's request and expense, such impoundment may be at a veterinarian or licensed kennel of the owner's choosing. If the court rules that the animal is not dangerous as defined, it will be released to the owner. If the court rules that it is dangerous as defined, the animal will be released to the owner after payment of any fees and penalties, and upon presentation of proof that the animal will now be kept restrained or confined as specified in this section.
(a) If the owner or keeper of any alleged dangerous animal impounded for violation of this section presents proof that the animal will now be kept in compliance with this section, the animal will be released upon payment of any fees and penalties due.
(b) If the owner or keeper of an alleged dangerous animal fails to either provide proof that the animal will now be kept restrained or confined in compliance with the provisions of this section, or fails to reclaim it after impoundment, and if it cannot be adopted by someone providing proof that it will be kept restrained or confined as specified in this section, it will be humanely euthanized.
(H) Warning signs. All owners, keepers, or harborers of any guard dog or dangerous animal shall display in a prominent place on their premises, and at each entrance or exit to the area where such animal is confined, a sign easily readable by the public using the words "Beware of Dangerous Animal" or "Beware of Dog."
(I) Complaint procedure. Any person who has been pursued or attacked by an allegedly dangerous animal, or anyone on behalf of such person, may make a complaint before the Dangerous Animal Officer or district court, charging the owner, possessor, or custodian of such animal with harboring a dangerous animal. A copy of such complaint shall be served upon the person so charged in the same matter and subject to the laws regulating the service of summons in civil cases, or by any law enforcement officer of the city with a return receipt, directing such person to appear before the district court for a hearing of such complaint at a time fixed.
(1) If upon a hearing of the parties and their witnesses, the court finds the person so charged is the owner, possessor, or guardian of the animal in question, and that such animal has without cause pursued, wounded, or attacked a human being or other domestic animal, the court shall declare such animal a dangerous animal and order the owner, possessor, or guardian to henceforth keep such dangerous animal securely confined as set forth herein, and impose the penalties set forth in § 90.99.
(2) If a subsequent complaint is filed against the same owner, possessor, or guardian for an animal previously determined or found to be a dangerous animal, and the court finds the person so charged is in violation hereof, the court shall order the owner, possessor, or guardian of said dangerous animal to immediately remove the animal from the city or order the animal humanely euthanized.
(J) Complaint form. The complaint form to be used shall be as follows:
CITY OF BELLEVUE, KENTUCKY
DANGEROUS ANIMAL COMPLAINT FORM
Date:
Complainant's Name:
Address:
Location of Complaint:
Type and Breed of Animal:
Owner if known:
Description of Animal:
Facts of Complaint:
Signature
Subscribed and sworn to before me a Notary Public this _____ day of _____, 19_____.
My Commission expires:
Notary Public
PROOF OF SERVICE
This summons was served by delivering a true copy and the complaint (or other initiating document) to:
this _____ day of _____, 19_____.
Served by:
(K) Other regulations and remedies. Nothing in this section shall be construed to limit or prohibit application of any other public law or governmental regulation. Further, nothing in this section shall in any manner limit the civil liability of any owner, possessor, or guardian of any animal to any aggrieved person for damages.
(Ord. 87-11-1, passed 11-23-87; Am. Ord. 2020-01-01, passed 1-9-20) Penalty, see § 90.99