For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ABANDON. To forsake entirely, or to neglect or refuse to provide or perform the legal obligations for care and support of an animal by its owner or agent. Such ABANDONMENT shall constitute the relinquishment of all rights and claims by the owner to such animal.
(KRS 257.100(4))
AT-LARGE. Not restrained by leash, cord, chain or otherwise confined in an enclosure.
DOG. This term shall in be intended to mean both male and female.
DOG WARDEN. This term shall be interchangeable with Animal Warden and Animal Control Officer.
ENCLOSURE. An uncovered fence or structure of at least seven feet in height or a covered fence or structure of sufficient height to allow the dog to stand erect without touching the top or cover, forming or causing an enclosure suitable to prevent the entry of young children, and suitable to confine a vicious dog in conjunction with other measures which may be taken by the owner or keeper, such as tethering of the vicious dog. Further, said fence or structure shall be sufficiently embedded in the ground to prevent the dog from digging under said fence or structure. Such ENCLOSURE shall be securely enclosed and locked and designed with secure sides, top and bottom and shall be designed to prevent the dog from escaping from the ENCLOSURE.
KEEPER. Any person to whom a vicious dog is entrusted.
OWNER. Any person or persons, firm, association or corporation owning, keeping or harboring a dog. Every person having a right of property to an animal and every person who keeps or harbors an animal, has it in his or her care, or permits it to remain on or about the premises owned or occupied by him or her.
RESTRAINT. A vicious dog shall be deemed to be under RESTRAINT if on the premises of the owner or keeper and confined in a secure enclosure as previously defined or under the control of the owner or keeper and securely muzzled and restrained with a chain or braided leather, nylon or manilla leash or leash having a minimum tensile strength of 300 pounds and not exceeding three feet in length.
VICIOUS DOG.
(1) Includes the following:
(a) Any dog which constitutes a physical threat to human beings or other domestic animals by virtue of a known propensity to endanger life by an unprovoked assault or bite so as to cause serious bodily harm;
(b) Any dog which when unprovoked, in a vicious or terrorizing manner approaches any person in an attitude of attack upon the streets, sidewalks or any public grounds or places;
(c) Any dog with a known propensity, tendency or disposition to attack unprovoked, to cause injury to or otherwise endanger the safety of human beings or domestic animals;
(d) Any dog which bites (to the extent of puncturing or severely bruising skin), inflicts injury, assaults or otherwise attacks a human being or domestic animal without provocation on public or private property;
(e) Any dog owned or harbored primarily or in part for the purpose of dog fighting or any dog trained for dog fighting;
(f) Any dog which has previously attacked or bitten a human being other than under the type of circumstances that would be justifiable hereunder;
(g) Any dog which has behaved in such a manner that the owner or keeper thereof knows or should reasonably know that the dog is possessed of tendencies to attach or to bite human beings other than the type which would be justified hereunder;
(h) Any dog certified by a doctor of veterinary medicine, after observation thereof, as posing a danger to human like or property if not kept in the manner required by this chapter upon the basis of reasonable medical probability;
(i) Any dog which has been classified as vicious by the county’s Dog Warden or a peace officer; and/or
(j) Any dog which has been trained as an attack or guard dog, except such dogs which are employed by any police department within the commonwealth.
(2) An animal shall not be deemed VICIOUS solely because:
(a) It bites, attacks or menaces:
1. Anyone assaulting its owner or keeper; or
2. Any person or other animal who has tormented or abused it.
(b) It is otherwise acting in the defense of any attack from a person or other animal upon its owner or any other person;
(c) It is protecting or defending its young or the young of any other animal; or
(d) Where a person has broken into or entered, without permission, the enclosure of such dog.
(Prior Code, § 90.01)