As used in this Chapter:
“Animal” shall mean any warm-blooded living creature, except humans.
“Animal Control Officer” shall mean all
persons designated by the City as the primary enforcement officers of ordinances regulating animals and owners of animals, and for the enforcement of Sections of the Kentucky Revised Statutes and shall have the same meaning as a Code Official.
“Adequate Shelter” for dogs means a durable, enclosed, permanent structure, or a structure manufactured to serve primarily as an outdoor shelter for a dog, with a roof, at least three (3) sides, and a floor. The shelter shall be large enough to allow all animals present to stand, turn and lie comfortably with a sufficient quantity of suitable bedding to provide insulation and protection against heat, cold and dampness, or other environmental conditions detrimental to the animal. For all other animals, “adequate shelter” means an appropriate structure that provides the animal protection and shelter, as determined by the animal’s species, from heat and cold and from direct effect of wind, rain, and snow.
“Attack” shall mean an unprovoked attack in an aggressive manner on a human that causes a scratch, abrasion, or bruising, or on a domestic animal that causes death or injury that requires veterinary treatment.
“Cat” shall mean any domestic feline three (3) months of age or older for which there exists a U.S. Department of Agriculture approved rabies vaccine.
“Code Enforcement and Nuisance Board” shall mean the administrative body created in Chapter 2 of this Code of Ordinances.
“Code Official” shall have the same meaning as set forth in Chapter 2 of this Code of Ordinances.
“Confinement” shall mean:
a. All animals, except puppies and dogs: confinement shall mean on the premises of the owner, or if off the premises of the owner, under restraint by means of a lead, leash, harness, appropriate animal carrier or other reasonable method and under the control of a responsible person.
b. Puppies and dogs: confinement shall mean on the premises of the owner and confined in a secure enclosure or accompanied by the owner on the owner's property and under his/her direct control. If off the premises of the owner, the animal must be restrained by a lead or leash and under the control of a responsible person, or accompanied by a responsible person into an approved off-leash area and in conformance with all regulations and/or requirements imposed as a condition of utilizing such "off-leash" area.
c. All livestock: confinement shall mean by a fence in good repair sufficient to prevent the livestock from leaving the owner's property.
d. All non-crowing poultry: confinement shall mean by a fence in good repair, or structure of sufficient height and construction to prevent the poultry from leaving the owner's property. All gates or doors to the fence or structure shall fit properly and shall be locked or secured by a latch.
“Dog” shall mean any domestic canine three (3) months of age or older for which there exists a U.S. Department of Agriculture approved rabies vaccine.
“Domestic animal” shall include dogs, cats, domesticated sheep, horses, cattle, goats, swine, fowl, ducks, geese, turkeys, confined domestic hares and rabbits, pheasants and other birds and animals raised and/or maintained in confinement.
“Exotic or wild animal” shall mean any wildlife identified by the Kentucky Department of Fish and Wildlife Resources as inherently dangerous to human health and safety.
“Ferret” shall mean any mustelid three (3) months of age or older for which there exists a U.S. Department of Agriculture approved vaccine.
"Housing facility" for the purposes Section 5-1.06 shall mean any premise, shed, barn, building, trailer or other structure or area housing intended to house animals or livestock, and which may consist of an indoor, outdoor or sheltered housing facility, or any combination thereof as follows:
a. "Indoor housing facility" shall mean any structure or building with environmental controls which provides adequate protection against weather extremes, and intended to house animals.
b. "Outdoor housing facility" shall mean any structure, building, land or premise housing or intended to house animals which does not meet the definition of any other type of housing facility provided herein, and in which temperatures cannot be controlled within set limits.
c. "Sheltered housing facility" shall mean a housing facility which provides animals with shelter, protection from the elements and protection from temperature extremes at all times, and may consist of runs or pens totally enclosed in a barn or building, or of connecting outside runs or pens with inside pens in a totally enclosed building.
“Keeping or harboring” shall mean any person who shall allow any animal to habitually remain, lodge or be fed within his/her home, business, yard, enclosure or premises.
“Kennel” shall mean any person, partnership, corporation, limited liability company or any other business entity maintaining an establishment where dogs or cats are kept for the purpose of breeding, buying, selling, showing or boarding, or engaged in the training of dogs for guard or sentry purposes. Kennel shall not include licensed veterinary clinics, properly licensed and zoned commercial retail pet shops, state or federally regulated animal research facilities, City’s police K-9 unit or the animal shelter operated by the Humane Society.
“Kitten” shall mean any domestic feline younger than three (3) months of age.
“Litter” shall mean the offspring at one birth of any animal herein defined.
“Livestock” shall mean horses, stallions, colts, geldings, mares, fillies, ponies, sheep, rams, lambs, bulls, bullocks, steers, heifers, cows, calves, mules, jacks, jennets, burros, goats, kids and swine.
“Microchip” shall mean a passive transponder which can be implanted in an animal which is a component of a radio frequency identification (RFID) system. Such system must be compatible with a scanner used by the City.
“Notice of Violation” shall mean written notification to a person violating a specified City ordinance providing the violator with an opportunity to cure the violation.
“Occasional sale” shall mean any sale of a single animal or a single litter of puppies, kittens or otherwise which is on a random, unsystematic basis and does not exceed the sale of one animal or one litter over a 24-month period.
“Owner” shall mean every person having a right of property in the animal and every person who keeps or harbors the animal, or has it in his/her care, or permits it to remain on or about premises owned or occupied by him/her.
“Poultry” shall mean all domesticated fowl and all game birds which are legally kept in captivity.
“Primary enclosure” shall mean any structure or device used to restrict an animal to a limited amount of space, such as a room, pen, run, cage, compartment or hutch.
“Property Owner” shall mean a person, association, corporation, partnership or other legal entity having a legal or equitable title in real property.
“Puppy” shall mean any domestic canine younger than three (3) months of age.
“Quarantine” shall mean humane confinement of an animal in a secure enclosure, which enclosure prevents the animal coming into unplanned contact with any other animal or human being.
“Shade” shall mean protection from the direct rays of the sun during the months of May through October.
“Vicious or dangerous animal” shall mean any animal that attacks, bites or physically injures human beings, domestic animals or livestock without adequate provocation. Any animal that without provocation has attacked a human being or other animal shall be presumed vicious or dangerous for purposes of this Chapter. This definition shall not apply to dogs used by law enforcement officers in the performance of their duties.
Ord. BG80-63, S6-40, 7/15/80; Ord. BG84-26, 6/5/84; Ord. BG90-51, 9/18/90; Ord. BG2006-5, 3/7/2006; Ord. BG2014-13, 6/3/2014, Ord. BG2021-14, 5/4/2021; Ord. BG2022-12, 4/19/2022)