§ 90.01 DEFINITIONS.

   For the purpose of this chapter, the following meanings shall be given to the below mentioned terms:

   ABANDON. Any animal left more than 48 hours without a person checking on the condition of the animal(s) and providing food and potable water or not providing timed feeder/waterer. Any animal left on private property without the owner ’s consent or deserted or dumped on public property or roadways.

   ADEQUATE FOOD. Wholesome foodstuffs suitable for the species provided at suitable intervals in a sanitary manner in quantities sufficient to maintain good health in an animal , considering its age and condition.

   ADEQUATE SHELTER. A structurally sound, properly ventilated, sanitary and weatherproof shelter suitable for the species, condition, and age of the animal which provides access to shade from direct sunlight and regress from exposure to inclement weather conditions, but which does not exacerbate existing weather conditions.

   ADEQUATE WATER. A supply of clean, fresh, potable water provided at suitable intervals or on a continual basis in a sanitary manner suitable for the species, condition, and age of the animal , in sufficient amounts to maintain good health in the animal .

   ANIMAL. Any dog , cat , puppy , or kitten .

   ANIMAL CONTROL OFFICER (ACO). A shelter employee who is qualified and appointed to perform duties under the laws and ordinances of the Commonwealth of Kentucky and Campbell County. An Animal Control Officer shall be a law enforcement officer for the purpose of animal control only.

   ANIMAL SHELTER. Any premises operated or approved for operation by the Fiscal Court for the purpose of impounding and caring for animals held under the authority of this chapter.

   CAT. Any member of the feline family six months of age or older.

   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.

   COMMUNITY CAT. Any free roaming cat that may be cared for by one or more residents of the immediate area who is/are known or unknown; a community cat  may or may not be feral. Community cats shall be distinguished from other cats by being sterilized and ear tipped; qualified community cats are exempt from licensing, stray and at-large provisions of this chapter and may be exempt from other provisions directed toward owned animals .

   DANGEROUS ANIMAL. Any animal potentially threatening to humans and not ordinarily a companion animal of humans that may or may not be considered non-indigenous to the United States, including, but not limited to, all animals in the following classes:

      (1)   Class Mammalia.

         (a)   Designated orders. Animals from the Mammalia class identified as dangerous include:

            1.   Infraclass Metatheria (Marsupialia) (examples include opossums, kangaroos, wallabies).

            2.   Infraclass Eutheria (Placentalia).

               a.   Order Artiodactyla (examples include hippopotamuses, giraffes, camels, deer).

               b.   Order Insectivora (examples include shrews, moles, hedgehogs).

               c.   Order Scandentia (examples include tree shrews).

               d.   Order Dermoptera (examples include colugos).

               e.   Order Chiroptera (examples include bats).

               f.   Order Carnivora.

                  i.   Family Felidae (examples include lions, tigers, cougars, leopards, ocelots, servals).

                  ii.   Family Canidae (examples include wolves, coyotes, foxes, jackals).

                  iii.   Family Ursidae (examples include bears).

                  iv.   Family Mustelidae (examples include weasels, martins, minks).

                  v.   Family Procyonidae (examples include coatis, ringtail cats).

                  vi.   Family Hyaenidae (examples include hyenas, aardwolf).

                  vii.   Family Viverridae (examples include civets, genets).

                  viii.   Family Herpestidae (examples include mongooses).

               g.   Order Cetacea (examples include whales, dolphins).

               h.   Order Sirenia (examples include dugongs, manatees).

               i.   Order Hyracoidea (examples include hyraxes).

               j.   Order Edentatia (examples include anteaters, armadillos, sloths).

               k.   Order Tubulidentata (examples include aardvarks).

               l.   Order Pholidota (examples include pangolins, spiny-anteaters).

               m.   Order Perissodactyla (examples include rhinoceroses, tapirs).

               n.   Order Primates (examples include lemurs, monkeys, chimpanzees, gorillas).

               o.   Order Proboscidae (examples include elephants).

               p.   Order Rodentia (examples include squirrels, beavers, porcupines).

               q.   Order Macroscelididae (examples include elephant-shrews).

         (b)   Exemptions. Animals belonging to the orders listed in division (1)(a) of this definition that are not considered dangerous for purposes of this chapter include cattle, swine, sheep, goats, domestic cats , domestic dogs , ferrets, sugar gliders, horses, donkeys, mules, guinea pigs, domestic rats, mice, gerbils, hamsters, skunks, and raccoons.

      (2)   Class Reptilla.

         (a)   Designated orders. Animals from the Reptilla class identified as dangerous include:

            1.   Order Squamata.

               a.   Family Varanidae (only large monitors exceeding two kilograms are restricted).

               b.   Family Iguanaidae— subfamily Iguaninae (all species whose adults can exceed one kilogram are restricted).

               c.   Family Biodae and family Pythonidae (all species whose adult length has the potential to exceed eight feet in length are restricted).

               d.   Family Colubridae (only boomslangs, Boiga brown tree snakes, and African twig snakes are restricted)—subfamily Nactricinae (only keelback snakes are restricted).

               e.   Family Elapidae (examples include coral snakes, cobras, mambas).

               f.   Family Helodermatidae (examples include Gila monsters).

               g.   Family Viperidae (examples include copperheads, cottonmouths, rattlesnakes).

               h.   Family Atractaspididae (examples include mole vipers and stilleto snakes).

            2.   Order Crocodilia.

               a.   Family Gavialidae.

               b.   Family Alligitoridae.

               c.   Family Crocodylidae.

         (b)   Exemptions. Animals belonging to the orders listed in division (2)(a) of this definition that are not considered dangerous for purposes of this chapter include green iguanas (Iguana iguana).

      (3)   Class Amphibia.

         (a)   Animals from the Amphibia class that are considered dangerous include:

            1.   Order Anura.

               a.   Family Dendrobatidae (only Dendrobates and Phyllobates are restricted).

   DAY. For the purposes of this chapter, a 24 hour period shall constitute a day.

   DIRECTOR OF THE ANIMAL SHELTER. The person appointed by the Judge/Executive and approved by the Fiscal Court to serve as the Director of the Animal Shelter and as an Animal Control Officer .

   DOG. Any member of the canine family six months of age or older.

   DOMESTIC ANIMAL.  Animals as are habituated to live in or about the habitation of human beings, and which are kept, cared for, sheltered, fed, and harbored for use as a pet or as a source of food, raw materials, or income.

   DWELLING. The house or other structure in which a human being lives.

   HUMANE CAGE. A cage made out of galvanized wire fabric with heavy steel rod reinforcement that is used to humanely trap wild and scared animals .

   IMPOUNDED. Having been received into the custody of Animal Control or any authorized representative thereof.

   KENNEL. A place for breeding, selling, showing and sporting dogs .

   KITTEN. Any member of the feline family under six months of age.

   LIVESTOCK. Cattle, sheep, swine, goats, horses, or any other animals of the bovine, ovine, porcine, caprine, or equine species.

   OWNER. Any person owning, keeping, harboring, or sheltering one or more animals for three or more days .

   PERSON. 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)   Creates unsanitary conditions;

      (6)   Makes noise in an excessive, continuous or untimely manner; or

      (7)   Disturbs the peace, comfort or health of persons in any other manner.

   PUPPY. Any member of the canine family under six months of age.

   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 immediate 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 hunting dog which has been released from restraint for legal hunting or hunting related purposes and meets the provisions of KRS 258.265 shall be deemed to be under reasonable control of its owner or handler. Community cats are also exempt.

   SHOW/PET QUALITY. Those animals registered by the American Kennel Association, Cat Fancier’s Association, or similar nationally recognized organization depending on the type of animal . Also those animals deemed to be of show/pet quality by one who specializes in the breeding of said animal .

   STRAY. Any animal , other than a hunting dog released for the purpose of hunting or a community cat , that is running at large .

   VETERINARIAN. One licensed and qualified to treat diseases and injuries of animals .

   VETERINARY HOSPITAL CLINIC. Any establishment maintained and operated by a licensed veterinarian for surgery, diagnosis, and treatment of diseases and injuries of animals .

   VICIOUS ANIMAL.

      (1)   Any animal which constitutes a physical threat to human beings or domestic animals which, due to a known propensity to endanger life, by an unprovoked assault or bite which has 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 causes injury or endangers the safety of human beings or domestic animals ; or,

      (4)   Any animal which bites multiple times 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 ; or,

      (6)   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.

      (7)   Exceptions. An animal shall not be deemed vicious solely because:

         (a)   It bites, attacks, or menaces:

            1.   Any person assaulting its owner ;

            2.   Any person or animal who has tormented or abused it; or,

         (b)   It is otherwise acting in defense of any attack from a person or other animal upon its owner or another person ; or,

         (c)   It is protecting or defending its young or the young of any other animal .

   WILD ANIMAL. Any animal not domesticated or not ordinarily tame and which by nature lives apart from human beings.

   ZOOLOGICAL PARK. Any organization that is a member of the American Zoo or Aquarium Association.

(Ord. O-9-95, passed 5-17-95; Am. Ord. O-10-2002, passed 6-19-02; Am. Ord. O-11-2002, passed 6-19-02; Am. Ord. O-02-04, passed 1-21-04; Am. Ord. O-27-2004, passed 12-1-04; Am. Ord. O-05-12, passed 4-18-12; Am. Ord. O-09-13, passed 8-21-13; Am. Ord. O-11-16, passed 9-7-16; Am. Ord. O-04-22, passed 5-4-22)