(A) The Director and all officers of Animal Control shall have the powers of a peace officer for the purposes of enforcing animal control laws or ordinances in the county, if they otherwise qualify as a peace officer under the laws of the Commonwealth of Kentucky.
(B) All officers of Animal Control shall comply with KRS 61.300.
(C) Whenever it is necessary for Animal Control to make an inspection in order to perform any duty or enforce any provision of this chapter or any other applicable state statute, they are hereby empowered to enter property at a reasonable time and inspect the premises. 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-consensual search is required.
(D) All animals of any age running at large, as defined in this chapter, and found in the county, may be picked up by Animal Control and impounded in the animal shelter, with the exception of ear-tipped community cats. 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.
(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 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.
(F) Any cat impounded in the animal shelter shall be held for a minimum of three days, except for community cats where there is a live-outcome option, such as return to field, adoption, foster care or rescue transfer, or unless it is earlier claimed by its owner. If the animal remains in the shelter after three days of impoundment, the animal may then continue to 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.
(G) 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, by personal delivery, or by leaving the notice at the person’s usual place of residence with any individual residing therein who is 18 years of age or older, and who is informed of the contents of the notice, 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.
(H) The registered owner shall reclaim the animal within three 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 three 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.
(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(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.
(J) Any animal observed by a Law Enforcement Office 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 § 91.20(B) or § 91.21. 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 an officer or individual authorized to enforce the provisions of this chapter.
(M) Any and all fees shall be approved by the Fiscal Court, including but not limited to animal-related licenses, adoption, boarding, administration and violation fees.
(Ord. 840.5, passed 2-28-95; Am. Ord. 07-96-02, passed 7-30-96; Am. Ord. 03-13, passed 5-20-03; Am. Ord. 2016-19, passed 9-6-16) Penalty, see § 91.99
Statutory reference:
Impounding, destruction of dogs; exemption of hunting dogs, see KRS 258.215