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In addition to the definitions provided in § 91.01 of this chapter, the following definition shall apply to the provisions of this subchapter, 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. 840.4, passed 6-16-92)
(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. 840.4, passed 6-16-92; Am. Ord. 03-13, passed 5-20-03) Penalty, see § 91.99
Statutory reference:
Kennel licensure, see KRS 158.165, 258.185
(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.
(H) All commercial animal establishments shall possess proof of origin for any animal to be offered for sale and such documentation shall be kept on the premises and available for inspection by officers of the Animal Care and Control Department.
(I) All commercial animal establishments shall have both a medical examination and stool test completed by a licensed veterinarian for every dog, cat, puppy or kitten prior to being offered for sale. No dog, cat, puppy or kitten showing any signs of intestinal parasites, including but not limited to, giardia, coccidian or campylobacter, may be offered for sale until receiving a negative stool test.
(J) All commercial animal establishments that have a puppy(s) test positive for parvovirus, canine coronavirus, distemper, intestinal parasites, Bordetella, giardia and/or campylobacter disease must post a public notice in the store warning consumers to the risk of transmission of such diseases to other pets or humans for two weeks following a positive test and shall notify the Animal Control Department within 24 hours of the positive test.
(K) All commercial animal establishments shall disclose to the prospective buyer in writing, prior to purchase of a dog or cat, puppy or kitten, the following information: purchase price; interest rate associated with any financing or credit card offered to the purchaser; full medical history of the animal (including results of the stool test, any additional tests, treatments, surgical procedures, vaccinations, medications and veterinary records for the life of the animal); name, city and state of the breeder; and any applicable federal and state license numbers of the dog or cat breeder, broker or transporter.
(Ord. 840.4, passed 6-16-92; Am. Ord. 03-13, passed 5-20-03; Am. Ord. 2020-24, passed 11-10-20) Penalty, see § 91.99
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. 840.4, passed 6-16-92; Am. Ord. 03-13, passed 5-20-03) Penalty, see § 91.99
The Director of Animal Control may revoke any license issued under § 91.17(B) or § 91.36. 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 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 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 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. 03-13, passed 5-20-03)
(A) Any person violating any section(s) of this chapter 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.
(B) The penalty for a violation of § 91.02 shall be fined not less than $10 nor more than $100 for each occurrence. Each occurrence shall be deemed to be a separate offense which may be charged and penalized hereunder.
(Ord. 620.9, passed 9-24-91)
(C) Any person failing to comply with the mandatory spay/neuter requirements of § 91.16 of this chapter 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 Animal Control without a refund of adoption fees, and be fined a sum not less than $10 nor more than $100.
(2) For the second offense immediately surrender the animal to Animal Control without a refund of adoption fees, and be fined not less than $50 nor more than $100.
(D) Any person failing to comply with the licensing requirements of §§ 91.17, 91.22 and 91.36 or the vaccination requirements of § 91.18 of this chapter 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.
(E) Any person violating any provision of § 91.19 of this chapter 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.
(F) Any person violating § 91.20(A), (C) and (D) of this chapter 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.
(G) Any livestock owner who violates § 91.20(A) of this chapter 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 to the livestock.
(H) Upon conviction under § 91.20(B) of this chapter 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 Animal Control if the animal is loose, unconfined, has attacked an animal or human being, or is deceased.
(2) In the alternative to division (H)(1) above, the court may order that the animal be immediately surrendered to Animal Control to be euthanized.
(I) Upon a conviction of a second or subsequent offense under § 91.20(B) of this chapter 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.
(J) Any person violating the provisions of § 91.21 of this chapter 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.
(Ord. 840.5, passed 2-28-95; Am. Ord. 07-96-02, passed 7-30-96)
(K) Any humane society which fails to comply with the requirements of § 91.22 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. In addition to the fine, the fourth offense shall result in permanent license revocation.
(Ord. 840.4, passed 6-16-92; Am. Ord. 840.5, passed 2-28-95; Am. Ord. 07-96-02, passed 7-30-96)
(L) Any person violating § 91.15(L) of this chapter, relating to interference of duty, on the first offense shall be fined not less than $50 nor more than $100, or sentenced not less than five and up to 30 days in the county jail, or both; on a second or subsequent offense shall be fined not less than $60 nor more than $100, or sentenced not less than five and up to 60 days in the county jail, or both.
(Am. Ord. 03-13, passed 5-20-03; Am. Ord. 08-10, passed 6-6-08)