§ 90.01 DEFINITIONS.
   For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   ANIMAL. Any living creature, domesticated and wild, male and female, except humans.
   ANIMAL CONTROL OFFICER. Any city official designated as animal control officer, as well as the animal control officers employed by Kenton County.
   ANIMAL SHELTER. The Kenton County Animal Shelter or a facility authorized by an animal control officer for confinement, maintenance, safekeeping and control of animals that come into custody of the animal control officer or enforcement agent in the performance of his or her official duties.
   AT LARGE. On or off the premises of the owner and not under the immediate effective control of the owner or custodian, either by leash, cord, chain or other restraint, or effectively confined within a fenced area on the owner’s premises. It shall be presumed that a dog is at large if it is not licensed or not registered under this subchapter.
   BIRD OF PREY. Any variety of predatory bird, including eagles, hawks, falcons, owls and vultures.
   CARETAKER. A person who is not employed by the city or Kenton County animal control who participates in the community cat management/trap- neuter-return program. Any person who is not employed by a government agency who participates as a CARETAKER of community cats must follow all applicable laws and regulations and sufficiently identify himself or herself when engaging in community cat management activities. Such identification methods include, but are not limited to, wearing a photo id or badge on a lanyard.
   CAT. Any member of the feline species, male or female, of any age.
   CITY. The City of Covington, Kentucky, a municipal corporation of the second class, and including any departments, divisions, boards or agencies thereof.
   COLLAR. Any band, chain, harness or suitable device worn around the neck of a dog to which a license may be affixed.
   COMMUNITY CAT. Any free roaming cat that may be cared for by one of more residents of the immediate area who is/are known. A COMMUNITY CAT may or may not be feral. COMMUNITY CATS are distinguished from other cats by being sterilized and ear-tipped. COMMUNITY CATS that have been ear-tipped, sterilized and vaccinated under the trap- neuter-return program are exempt from any licensing, stray or at-large provisions of this subchapter.
   COUNTY. The County of Kenton, Kentucky, or used interchangeably as Kenton County or county, including any departments, divisions, boards or agencies thereof.
   COUNTY LICENSE. The license or tag required by Kenton County, Kentucky.
   DOG. Any member of the canine species, male or female, of any age.
   ENFORCEMENT AGENT. Any person designated by the city or Kenton County to enforce the provisions of this chapter, including, but not limited to, Kenton County or the city’s animal control officers, city police officers and county police officers.
   EXOTIC ANIMALS. Any of the following described animals: all animals, including snakes and spiders, whose bite or venom is poisonous or deadly to humans; apes, including chimpanzees, gibbons, gorillas and orangutans; baboons; bears; cheetahs; crocodilians and alligators; constrictor snakes; coyotes; elephants; gamecocks and other fighting birds; hyenas; jaguars; leopards; lions; lynxes; ostriches; pumas, also known as mountain lions and panthers; wolves; raccoons; skunks; and tigers.
   FALCONRY. The art of training raptors for the pursuit of game and the sport of hunting with raptors.
   FOWL. Any and all fowl, domesticated and wild, male and female, including chickens, ducks, turkeys, pigeons and geese.
   KEEP. Possessing, controlling, exercising or allowing to run at large.
   LEASH or LEAD. Any chain, rope or device used to restrain an animal.
   LICENSE. The license issued by Kenton County or its designated agent by appropriate legislation, and required to be worn on the applicable animal as hereinafter stated.
   MICROCHIP. A tiny, passive electronic device implanted under an animal’s skin that serves as a permanent identification marker.
   OWN. To own, have a property right in, keep, care for or harbor a dog, cat or other animal, or permit a dog, cat or other animal to remain on or about premises owned or occupied by him or her, whether or not the person has an actual ownership interest in the dog or animal.
   OWNER. Any person who owns, has a property right in, keeps, cares for or harbors a dog, cat or other animal, or permits such dog, cat or other animal to remain on or about premises owned or occupied by him or her, whether or not the person has an actual ownership interest in the dog, cat or other animal. If a dog is owned by a family, all adult members of the family, individually and jointly, shall be deemed OWNERS for the purposes of this subchapter.
   PERSON. Any individual, firm, corporation, limited liability company, association or partnership.
   PIT BULL DOG. Any dog which exhibits those distinguishing characteristics which substantially conform to the standards established by the American Kennel Club for American Staffordshire Terrier, or Staffordshire Bull Terriers, or substantially conform to the standards established by the United Kennel Club for American Pit Bull Terriers, including any mixed breed of dog which contains as an element of its breeding the breed of Staffordshire Bull Terrier, American Staffordshire Terrier or American Pit Bull Terrier.
   PUBLIC NUISANCE. Any dog, cat or other animal or animals, which:
      (1)   Chases passersby or passing vehicles;
      (2)   Attacks other animals;
      (3)   Is at large three or more times within a year’s time;
      (4)   Damages private or public property;
      (5)   Barks, howls, cries or makes other loud noises, or runs at large, so as to disrupt the peace of the neighborhood; or
      (6)   Is kept, housed or harbored in such a manner so as to present unsanitary conditions, or causes offensive, obnoxious or foul odors which impair the reasonable use and enjoyment of surrounding properties.
   STATE. The Commonwealth of Kentucky, and its departments, divisions, boards and agencies thereof.
   TRAP-NEUTER-RETURN (TNR). The method of managing community cats by humanely trapping, altering, vaccinating, ear-tipping, returning the community cat to the location where it was trapped where the community cat will be provided with long-term care by one or more caretakers.
   VACCINATION. An anti-rabies vaccination using a type of vaccine approved and administered by a veterinarian.
   VETERINARIAN. Any veterinarian licensed by the state to practice veterinary medicine or employed by a governmental agency.
   VICIOUS DOG.
      (1)   The following are considered VICIOUS DOGS under this subchapter:
         (a)   A pit bull dog;
         (b)   A wolf-hybrid; and
         (c)   Any dog that has caused death or serious injury to a person engaged in a lawful activity or has attacked or bitten without provocation a person engaged in a lawful activity; or which has killed or seriously injured another animal after an animal control officer or enforcement agent has issued, based upon the vicious or predatory nature of the dog, a written or verbal notice to the owner or custodian of such dog to keep it confined or muzzled and leashed in accordance with this subchapter; or which has been declared to be vicious by the attending physician of the victim of an attack or an animal control officer or enforcement agent, taking into consideration the nature and severity of the incident and whether the dog has displayed dangerously aggressive behavior and is likely to inflict injury on another person or animal.
      (2)   A VICIOUS DOG does not include a dog that bites or attacks a person or other animal that provokes, torments, tortures or treats an animal cruelly.
   VICIOUS DOG TAG. A tag issued by Kenton County upon registration of vicious dogs.
   WILD ANIMAL. Any animal that is not a domesticated companion animal, or any crossbreeds of these animals with domestic animals, or any descendant of any crossbreed. Such animals include, but are not limited to, any venomous snake, python or constrictor snakes, porcupines, monkeys, raccoons, skunks, leopards, lions, tigers, lynx, bobcats, badgers, fox, coyote, wolves, wolverines, squirrels, bears, deer, chipmunks, moose, elk, opossum, beavers, ground hogs, moles, gophers, prairie dogs, bats, sugar gliders (petaurus breviceps), kangaroos and wallabies. An animal that has traditionally, through long association with humans, lived in a state of dependence upon humans or has been traditionally kept as a household pet, including dogs, cats, rabbits, mice, hamsters, gerbils, domesticated rats, guinea pigs, ferrets, parakeets, parrots, cockatiels, cockatoos, canaries, love birds, finches and tropical fish, will not be considered WILD ANIMALS for purposes of this chapter.
   WOLF-HYBRID. Any domesticated dog that has in its known genetic history and/or formal pedigree crossbreeding with the wolf species to include, but not be limited to, animals referred to as WOLF-HYBRIDS or wolf-mix breeds or the breed known as Tundra Shepherd.
(1984 Code, § 90.01) (Ord. O-50-85, passed 8-6-1985; Ord. O-47-94, passed 12-13-1994; Ord. O-14-97, passed 6-10-1997; Ord. O-33-99, passed 9-14-1999; Ord. O-33-03, passed 6-24-2003; Ord. O-49-03, passed 8-19-2003; Ord. O-23-05, passed 5-17-2005; Ord. O-4-12, passed 3-20-2012; Ord. O-26-20, passed 12-1-2020)