For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ABANDON. The intentional relinquishment and control of domesticated animals without appropriate safeguards for the animal’s well-being.
ANIMAL. Any live vertebrate creature, domestic or wild.
ANIMAL CONTROL OFFICER. Any person designated by the city or county, as required by KRS 258.915, to assist in the operation of the Animal Shelter and to enforce this subchapter and state laws regarding animal control.
ANIMAL SHELTER. Any facility operated by the city, county, or any governmental agency or humane society for the purpose of impounding or caring for animals.
CAT. Any age feline of the domesticated type.
CIRCUS. A commercial variety show featuring animal acts for public entertainment.
COMMERCIAL ANIMAL ESTABLISHMENT. Any pet shop, grooming shop, riding school or stable, zoological park, circus, performing animal exhibition, or kennel, but shall not include a licensed veterinarian.
DOG. Any age canine of the domestic type.
DOMESTIC ANIMAL. Any of the following animals: domestic dog, cat, rabbit, mouse, rat, reptile, guinea pig, chinchilla, hamster, gerbil, or ferret.
FARM. A land area containing ten or more contiguous acres.
HUMANE SOCIETY. Any organization existing for the purpose of preventing cruelty to animals.
KENNEL. Any premises where any person or entity engages in boarding, breeding, buying, letting for hire, training for fee, selling, providing temporary sanctuary, rescuing, or adopting dogs or cats, except a KENNEL shall not include boarding at a facility owned and operated by a licensed veterinarian.
LIVESTOCK.
(1) All cattle, buffaloes, or animals of the bovine species;
(2) All horses, mules, burros, and asses or animals of the equine species;
(3) All goats or animals of the caprice species;
(4) All swine or animals of the porcine species;
(5) All sheep or animals of the ovine species;
(6) All fowl or animals of the order galliforme (gamebirds);
(7) All ducks and geese or animals of the anatidae (water fowl) family;
(8) All ostrich, emu, rhea, and cassowaries, or animals of the ratite order; or
(9) All llamas or animals of the camelid family and deer and elk, whose regulatory requirements are under KRS Chs. 150 and 246, as well as poultry, ratite, and corvine.
NON-DOMESTIC ANIMAL.
(1) Any animal including, but not limited to felines (other than the domestic house cat), non-human primates, bears, wolves, coyotes, foxes, and venomous reptiles, and any crossbreed of such animals which have similar characteristics of the animals specified herein.
(2) In order to properly administer the provisions of this section, the County Fiscal Court may add to or remove from the classification of non-domestic animal any bird, mammal, reptile, aquatic and amphibious forms, or other members of the animal kingdom.
(3) Additions to the list may be made only if the Fiscal Court determines, after public hearing, that such species because of habit, mode of life, or natural instinct is incapable of being domesticated; requires the exercise of art, force, or skill to keep them safely in subjection; and would create a reasonable likelihood of hazard to the public.
(4) Each determination by the legislative body as to additions or deletions shall become effective when filed with the County Judge/Executive and approved by County Fiscal Court.
OWNER. Any person, partnership, or corporation owning, keeping, or harboring one or more animals. For purposes of enforcing this subchapter, an animal shall be deemed harbored if it is fed or sheltered for three or more consecutive days.
PET. Any animal kept for pleasure rather than utility. Under no circumstances shall a non-domestic animal or livestock, as defined in this subchapter be considered a PET unless specifically provided by this subchapter.
PUBLIC NUISANCE. Any animal(s) creates a public nuisance if the animal:
(1) Molests or chases passersby or passing motor vehicles, bicycles, or scooters other than those owned or operated by the same person or his or her immediate family who keeps, owns, or harbors the animal;
(2) While off the owner’s (or person charged with caring or controlling the animal) property, attacks, threatens, worries, injures, or kills domestic animals, or livestock or runs at, jumps upon, chases, bites at, or in any other way frightens, molests, or scares any child or adult other than the one who owns, keeps, or harbors the animal and the members of his or her immediate family;
(3) Trespasses by going upon any property or premises not owned or occupied by the person who keeps, harbors, or owns the animal, including school grounds;
(4) Is repeatedly at large;
(5) Damages private or public property including, turns over, gets into, or otherwise damages or disturbs garbage cans, or any items or personal property located on any premises other than those owned or occupied by the person who owns, keeps, or harbors the animal or goes upon public cemeteries, trails, parks, and playgrounds, except at designated parks or under restraint;
(6) Barks, whines, mews, crows, cackles, or howls excessively or continuously and loud enough to be heard beyond the premises of where it is kept or harbored;
(7) Allows offensive odors or unclean or unsanitary conditions on property where animals are kept. Causes fouling of the air by noxious or offensive odors resulting from the accumulation of animal excrement and thereby creates unreasonable annoyance or discomfort to neighbors or others in close proximity to the premises where the animal is kept or harbored because of the failure to keep the animal’s pen, yard, lot, or other enclosures in a sanitary condition and free from preventable odors;
(8) Is a dog or other animal over four months of age that is capable of carrying the rabies virus and recommended to be vaccinated by the Cabinet for Health and Family Services, which animal is maintained, kept, or harbored and does not have a current rabies vaccination; and/or
(9) Is offensive or dangerous to the public health, safety, or welfare by virtue of the number of animals maintained at a single residence, or the inadequacy of the facilities, or the inability to provide proper care for those animals.
RESIDENTIAL PROPERTY. Any real property defined as residential by the Owensboro Metropolitan Zoning Ordinance within the geographical boundary of Daviess County, Kentucky, used primarily for human occupancy.
RESTRAINT. The act of restraining or securing any animal by tether, leash, lead, or under control of a responsible person and obedient to that person’s commands or confined to the real property limits of its owner. Hunting dogs, while accompanied by their owner or a responsible person and under the control of that person, are excluded from this restriction.
SHELTER. A moisture-proof structure of suitable size and composition to accommodate the animal and allow retention of body heat, 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.
TETHERING SYSTEM. A method of confining a dog to the owner’s property by use of a ten-foot chain with swivels on both ends and attached to a pulley or overhead trolley, at least ten feet in length, and mounted no more than seven feet above the ground.
VACCINATION. The injection of any dog or cat by a veterinarian or other qualified person of a vaccine approved by and administered according to the regulations of the Cabinet for Health and Family Services.
WHOLESOME FOOD. Food which is palatable, safe, and not contaminated.
(Ord. KOC 1010.6 (2013), passed 10-24-2013)