Section
General Provisions
90.01 Definitions
90.02 Removal of animal excrement
Animal Services
90.15 Powers of Animal Services
90.16 Adoption and mandatory spay/neuter
90.17 Dog/cat licensing
90.18 Rabies vaccination
90.19 Humane treatment of animals
90.20 Animals to be under control
90.21 Wild and exotic animals
90.22 Management of community cat population
90.23 Humane societies; standards and licensing
Commercial Animal Establishments
90.35 Definitions
90.36 Licensing provisions
90.37 Minimum standards
90.38 Inspections
Carriage Horse Business
90.50 Definitions
90.51 Licensing provisions
90.52 Standards
90.53 Habitual violator
90.99 Penalty
GENERAL PROVISIONS
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
"ABANDON." Any animal left more than forty-eight (48) hours without a person checking on the condition of the animal and providing food and potable water or not providing a 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 food 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, DOMESTIC ANIMALS." Adequate shelter shall be provided to any animal(s), with the exception of livestock, that remain outside more than one (1) continuous hour per day. The shelter must be suitable for the species, age, and condition of the animal, The shelter shall:
(1) Be structurally sound, with a solid, level, raised floor, enclosed sides or wails, and must be properly ventilated. The shelter shall be sanitary and weather/waterproof. Suitable drainage must be provided so that water is not standing in or around the structure;
(2) Be small enough to allow the animal's body heat to warm the interior of the structure but be large enough to allow the animal to stand up, turn around, and lie down without touching the walls;
(3) Be made from suitable, appropriate, materials to prevent harm or injury to the animal(s). Unsuitable materials include, but are not limited to, lean-tos, metal drums, plastic drums, cardboard or other disposable boxes, vehicles, or the area beneath exposed porches or exposed decks;
(4) Provide access to shade from direct sunlight and regress from exposure to inclement weather conditions, hot or cold, but which does not exacerbate existing weather conditions;
(5) Placed in an area offering the best available protection from inclement weather, hot or cold;
(6) Have floors that are constructed in a manner that protects the animal's feet and legs from injury, and that, if of mesh or slatted construction, do not allow the animal's feet to pass through the openings of the floor; and
(7) Cardboard, fiberboard, or any other structure that fails to protect an animal from adverse atmospheric conditions shall not be considered proper shelter.
"ADEQUATE SHELTER, LIVESTOCK." Adequate shelter shall be provided to all livestock. The shelter shall be either natural or constructed, and must provide relief from the elements. Accepted natural shelters are natural windbreak from tree lines or other low areas, and natural shade under trees. Accepted constructed shelters are barns, three (3) sided shelters, lean-tos, and widescreens. Constructed shelters should be free of hazards likely to cause injury.
"ADEQUATE VENTILATION." Proper air flow and circulation by mechanical, natural, or other means that provide a constant exchange of air, with fresh, clean, oxygenated air replacing the contaminated, dirty, un-oxygenated air within a confined space.
"ADEQUATE WARMTH." Sufficient, comfortable degree of temperature of the confined space or containment area that will not lower nor raise the average body temperature as appropriate for the species.
"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. The supply shall be in sufficient amounts to maintain good health in the animal, and in a suitable container secured to prevent turnover.
"ANIMAL." Any live vertebrate creature.
"ANIMAL CONTROL OFFICER." Any person designated by the Director of Animal Services who is qualified to perform the duties under the laws and ordinances of the Commonwealth of Kentucky and the county and all peace officers. An Animal Control Officer shall be a law enforcement officer for the purposes of animal control only.
"ANIMAL SERVICES." The department of the county which is designated by the Fiscal Court to enforce the provisions of this chapter and to operate the animal shelter.
"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.
"AUCTION." Any place or facility where animals are regularly bought, sold, or traded except for those facilities otherwise defined in this chapter.
"BREEDER." Any person who intentionally or accidentally causes the breeding of more than one (1) litter per female cat or dog in a twelve (12) month period; makes more than one (1) cat or dog available for breeding purposes in a twelve (12) month period; or offers for sale, trades, receives any compensation or gives away more than one litter of dogs or cats in a twelve (12) month period, with the exception of a litter of dogs or cats taken to the animal shelter.
"COMMERCIAL ANIMAL ESTABLISHMENT." Any pet shop, boarding or breeding kennel, grooming facility, auction, petting zoo, zoological park, circus, performing animal exhibit, breeder, or any person engaged in the business of breeding, buying, letting for hire, training for a fee, 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. 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 licensing, stray, and at-large provisions of this chapter.
"DAY." For the purposes of this chapter, a twenty-four (24) hour period shall constitute a day.
"DIRECTOR OF ANIMAL SERVICES." The person appointed by the Judge/Executive and approved by the Fiscal Court as the Chief Animal Control Officer.
"DOMESTIC ANIMAL." Animals that are habituated to live in or about the habitations of human beings, and which are kept, cared for, sheltered, fed, or 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.
"EXOTIC ANIMAL." Any animal not indigenous to the United States.
"EXTREME WEATHER CONDITIONS." When weather conditions are such that a heat advisory, excessive heat advisory, severe thunderstorm warning, flash flood warning, blizzard warning, winter storm warning or wind chill advisory is issued by the National Weather Service.
"GROOMING FACILITY." A commercial establishment where animals are bathed, clipped, or otherwise groomed.
"HUMANE SOCIETY." Any person or organization operating from a fixed site and taking in or accepting stray or unwanted animals.
"IMPOUNDED." Having been received into the custody of Animal Services or any authorized representative thereof.
"LIVESTOCK." Cattle, sheep, swine, goats, horses or any other animals of the bovine, ovine, porcine, caprine, or equine species.
"OWNED CAT." Any cat that is a companion to a person, is regularly fed and sheltered in that same person's habitation. All owned cats are required to be in compliance with licensing, stray, and at-large provisions of this chapter, while community cats that have been ear-tipped, sterilized, and vaccinated under the trap-neuter-return program are exempt.
"OWNER." Any person owning, keeping, harboring or sheltering one or more animals.
"PARAPHERNALIA, ANIMAL FIGHTING." Any bite sticks, weighted chains and/or collars, spars, animal tread mills, slat mills, carpet mills, fighting pens, permanent or temporary, injectable or ingestible drugs and supplements used to enhance fighting, spring poles, or weight pull harnesses and equipment.
"PERSON." All natural persons, corporations, partnerships, firms, associations, governmental bodies, agencies, and other entities.
"PET." Domesticated animal kept for pleasure rather than utility.
"PET SHOP." Any person engaged in the business of breeding, buying, selling at retail or wholesale, including fish, of any species for profit-making purposes, except farming operations that breed, buy, or sell at retail pursuant to and in conjunction with their agricultural use and shall not be considered pet shops for purposes of this chapter.
"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) Makes noise in an excessive, continuous or untimely manner for more than fifteen (15) minutes without provocation;
(6) Creates unsanitary conditions;
(7) Disturbs the peace, comfort or health of persons in any other manner; or
(8) A home, residence, building, shed, yard, property, or other establishment that contains excessive amounts of feces and/or urine, or exudes a foul odor.
"REASONABLE GROOMING." To maintain an animal's coat to prevent conditions which inhibit normal walking or the elimination of body waste or which is medically harmful to the animal.
"RESTRAINT." Enclosed in an area by a form of fencing designed to control the movement of the animal or secured by a leash, chain, or cable tie-out. An animal shall be deemed to be retrained 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, other than a hunting dog released for the purpose of hunting that is off the property of the owner, custodian, possessor or harborer and is not restrained. Community cats that have been ear-tipped, sterilized, and vaccinated under the trap- neuter-return program shall not be considered to be running at large.
"STRAY." Any animal, other than a hunting dog released for the purpose of hunting that is running at large. Community cats that have been ear-tipped, sterilized, and vaccinated under the trap-neuter-return program shall not be considered stray for purposes of this chapter.
"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 cats will be provided with long-term care by one or more caretakers.
"VETERINARIAN." Any person licensed by the Commonwealth of Kentucky to practice veterinary medicine.
"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;
(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;
(3) Any animal with a known propensity, tendency or disposition to unprovoked attacks which cause injury or endanger the safety of human beings or domestic animals;
(4) Any animal which bites to the extent of causing severe injury and assaults or otherwise attacks human beings or domestic animals;
(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;
(b) It is otherwise acting in defense of any attack from a person or other animal upon its owner or another person;
(c) It is protecting or defending its young or the young of any other animal; or
(d) Its breed or assumed/known component of its breed.
"WILD ANIMAL." Any animal not domesticated or not ordinarily tame and which is by nature an animal that lives apart from human beings.
(Ord. 1799-2020, passed 9-22-20)
(A) Any person or owner of an animal shall remove any excrement deposited by his or her animal upon public walks, streets, recreation areas, or the private property of another absent the consent of the owner or occupant of the property.
(B) Any excrement not removed in violation of division (A) above is declared to be a public nuisance.
(C) This section shall not apply to guide dogs under the control of a blind person.
(Ord. 1799-2020, passed 9-22-20)
ANIMAL SERVICES
(A) The Director, Assistant Director, and all Animal Control Officers of Animal Services shall have the powers of a peace officer for the purposes of enforcing Animal Control laws or ordinances in the county if they otherwise qualify as a peace officer under the laws of the Commonwealth of Kentucky.
(B) All Animal Control Officers of Animal Services shall comply with KRS 61.300.
(C) Whenever it is necessary for Animal Services to make an inspection in order to perform any duty or enforce any provision of this chapter or any other applicable state statute, they are hereby empowered to enter property at a reasonable time and inspect the premises. Animal Services shall have the power only if consent of the owner or occupant of the property is freely given, a search warrant is obtained or such exigent circumstances exist that a warrantless, nonconsensual search is required.
(D) All animals of any age running at large, as defined in this chapter, and found in the county, may be picked up by Animal Services and impounded in the animal shelter. If Animal Services can reasonably return the animal they may do so and may issue a uniform citation to the owner. Community cats that have been ear-tipped, sterilized, and vaccinated under the trap-neuter-return program may be released back into the community and are not subject to impoundment under this section.
(E) All animals of any age which have bitten a human being may be picked up by Animal Services and impounded in the animal shelter for any applicable quarantine period. In the event an animal is impounded for a quarantine period, the owner shall be responsible for a reasonable fee for board, administration and medical attention during the impoundment.
(F) Any animal that is off the property of its owner and displays behavior as defined in § 90.01, "vicious animal", and an Animal Control Officer or law enforcement officer has reason to believe the animal poses a threat to the safety of the general public, the animal shall be taken into custody by Animal Services and the owner shall be issued a uniform citation for harboring a vicious animal. The animal shall remain in the custody of the county until the accused is given a hearing before a district court judge. Should that judge find probable cause for a charge of harboring a vicious animal, the court shall order temporary forfeiture of the animal to Kenton County Animal Services pending final disposition of the case.
(G) Any dog, required to be licensed but found unlicensed, may be impounded for a minimum period of five (5) days unless it is earlier claimed by its owner. If the dog is not claimed by its owner within five (5) days of impoundment, the dog may then be offered for adoption or may be euthanized at the discretion of the Director of Animal Services. Any person claiming or reclaiming a dog pursuant to this section shall pay a reasonable fee for board, administration, and medical attention for the dog during impoundment and obtain proper licensing, if applicable, from Animal Services. Animal Services shall make reasonable efforts to locate and inform the owner of any dog that the dog has been impounded.
(H) Any animal involved in an alleged violation of KRS 525.125, 525.130, 525.135, 525.137, or § 90.19 "Humane Treatment of Animals" may be confiscated by any Animal Control or peace officer and held in a humane manner. Upon taking custody of an animal pursuant to KRS 525.125, 525.130, 525.135, 525.137, or § 90.19 "Humane Treatment of Animals", Animal Services shall give notice of the seized animal by posting a notice at the location where the animal is taken into custody or by delivering notice to a person residing at the property. The animal shall remain in the custody of the county until the accused is given a hearing before a district court judge. Should that judge find probable cause for a charge under KRS 525.125, 525.130, 525.135, 525.137, or § 90.19 "Humane Treatment of Animals", the court shall order temporary forfeiture of the animal to Kenton County Animal Control.
(1) Upon a plea or finding of guilt, the animal shall become the property of Kenton County. The person convicted for violating KRS 525.125, 525.130, 525.135, 525.137, or § 90.19 "Humane Treatment of Animals", shall pay all reasonable expenses related to the incidents of cruelty, including investigation, disposition, veterinary costs, and all costs of maintaining or disposing of the animal incurred from the date of confiscation up to and including the date of permanent forfeiture.
(2) Upon a dismissal of the charge or a finding of innocence, the animal shall be immediately returned to the owner. If the owner does not re-claim the dog within three (3) days of the dismissal or acquittal, the animal may be offered for adoption or may be euthanized at the discretion of the Director of Animal Services.
(I) When any licensed animal or animal whose owner is known, is impounded in the animal shelter, Animal Services shall notify the owner by certified mail, return receipt requested, to the last known address, by personal delivery, or by leaving the notice at the person's usual place of residence with any individual residing therein who is eighteen (18) years of age or older and who is informed of the contents of the notice, within three (3) business days of impoundment.
(J) The registered owner shall reclaim the animal within three (3) days of the receipt of notice of impoundment. Any licensed animal or animal whose owner is known which is not reclaimed by its owner within three (3) days of receipt of the notice of impoundment may then be offered for adoption or may be euthanized at the discretion of the Director of Animal Services. Any person claiming or reclaiming an animal pursuant to this section, shall pay all associated fees for impound, board, administration and medical attention during the impoundment and any outstanding civil citation fees.
(K) An Animal Control Officer or law enforcement officer may choose to issue a warning citation in lieu of a uniform citation if a violation is minor in nature. Violations eligible for the issuance of a warning citation include, but are not limited to, first contact by any officer for; failure to vaccinate a pet against the rabies virus, failure to license a pet, creating a public nuisance, animal running at large, the lack of reasonable grooming, or veterinary care where the animal has not suffered harm. The warning citation shall allow up to fourteen (14) days to correct the violation, except violations of public nuisance or running at large shall be corrected immediately. If a violation is serious in nature, a uniform citation may be issued.
(L) An Animal Control Officer or law enforcement officer may choose to issue a civil citation in lieu of a uniform citation for violations listed in division (K) of this section where multiple violations of this chapter exist, or where personal injury occurred, or property was damaged or destroyed, or a previous warning has been issued. The civil citation shall allow up to fourteen (14) days to correct the violation and pay the associated fee. Violations of public nuisance or running at large shall be corrected immediately. If a violation is serious in nature, a uniform citation may be issued,
(1) The fee for civil citations issued under this section are as follows;
(a) First citation is thirty dollars ($30) per violation.
(b) Second citation, in any twelve (12) month period, is fifty-five ($55) per violation.
(c) Third citation, in any twelve (12) month period, is eighty-five dollars ($85) per violation.
(2) Fourth or subsequent offenses are deemed to be habitual in nature and not eligible for civil citation and the Animal Control Officer or law enforcement officer shall issue a uniform citation.
(M) Animal Control Officers are authorized to place, upon request, live-capture animal traps on private or public property to trap and remove stray, at large, unwanted, or nuisance domestic animals. It shall be unlawful for any person other than an Animal Control Officer or his or her designee to remove an animal from the trap or to damage, destroy, move or otherwise tamper with the trap. Any person requesting a live-capture trap must own the subject property and shall be responsible for any lost, stolen, damaged, or otherwise altered traps.
(N) All impound, boarding, administration, and medical fees will be set annually by the Director of Animal Services, with approval of the Fiscal Court.
(Ord. 1799-2020, passed 9-22-20)
(A) Prior to the adoption of any animal from Animal Services an application must be completed by the person wishing to adopt the animal. The application is designed to determine the prospective owner's ability to care for the animal. Any person wishing to adopt an animal who has been issued a uniform citation for inhumane treatment of animals will not be able to adopt.
(B) Kenton County Animal Services is not obligated to sell or transfer possession of any animal in their custody.
(C) All dogs and cats adopted from the animal shelter must be surgically altered to prevent breeding.
(D) The fee for adoption of animals shall be set annually by the Director of Animal Services, with the approval of Fiscal Court.
(Ord. 1799-2020, passed 9-22-20)
(A) The owners of all dogs and cats, or those who harbor or maintain dogs and cats in the unincorporated or incorporated areas of the county, shall have each and every dog and cat licensed, or as an option microchipped and registered the Kenton County Animal Services in accordance with the provisions of this chapter and applicable Kentucky Revised Statutes.
(B) The annual license fee for each dog and cat shall be set annually by the Director of Animal Services, with the approval of the Fiscal Court. The current license fee period shall begin on July 1, 2019 and will terminate on January 31, 2021, Licenses must be renewed each year thereafter during the month of February. Failure to license, or to renew a license, will result in a penalty. At the time of licensing and registration, the owner shall provide his or her name, address and telephone number, as well as the name, breed, color and sex of each dog/cat to be licensed. Upon payment of the license fee, the owner shall be issued a certificate of registration and a serial numbered license tag for each dog/cat. The license tag shall be fastened to the dog's or cat's collar and worn by the dog or cat at all times.
(C) All dogs/cats that are microchipped and registered with Kenton County on or before June 30, 2004 shall be exempt from the annual licensing fee for the lifetime of the animal. The microchip shall be county-approved, and coded with a unique identifying number implanted in the neck of the dog or cat. The owner shall provide his or her name, address and phone number, as well as the name, breed, color and sex of each dog/cat microchipped. The information, along with the unique identifying number, will be entered into the computer data base for future reference. Upon payment of the microchip fee, the owner shall be issued a certificate of registration for each dog/cat implanted. Should the ownership of the dog/cat change for any reason whatsoever, the change of ownership shall be made in the data base for a nominal fee to be set by the Fiscal Court.
(D) Failure to register a dog or cat and to obtain the license set forth herein within 30 days of acquiring or possessing the animal, or failure to renew during the month of February each year thereafter, or failure to display the license on the dog, or failure to microchip a dog in place of buying a license shall result in a fine as provided in § 90.99.
(E) Community cats that have been ear-tipped, sterilized, and vaccinated under the trap-neuter-return program are exempt from the licensing requirements of this section.
(Ord. 1799-2020, passed 9-22-20)
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