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(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)
(A) All dogs, cats, and ferrets, four (4) months of age and older, shall be vaccinated for rabies and revaccinated for rabies at the expiration of the immunization period as certified by a veterinarian.
(B) Any dog or cat reclaimed or adopted from the animal shelter must have a valid rabies vaccination or purchase a rabies voucher prior to release.
(C) Any dogs or cats found not to have been vaccinated for rabies, whether discovered by a veterinarian or by other means, must be vaccinated within fourteen (14) days of the date of discovery.
(Ord. 1799-2020, passed 9-22-20)
(A) It shall be unlawful to abandon any animal.
(1) In the event that an animal is found abandoned, such animal may be taken by an Animal Control Officer or peace officer, and impounded at the Animal Shelter and there be confined in a humane manner. Such animal, if taken from private property shall be kept for not less than the prescribed period in accordance with the procedures set forth in § 90.15, or for any longer period required by law, regulation, or medical necessity. In the event an animal is so abandoned, the owner or person, if any, who he/she has charged with the animal's care, shall be subject to a citation or civil penalties for any violation of this section.
(2) Any animal found not under restraint without a license or vaccination tag, or any animal found in a condition that requires immediate veterinary care, shall be presumed to be abandoned, and shall be seized.
(3) Notice of seizure of an abandoned animal from private property shall be posted on the premises from which the animal was seized, which notice shall clearly state the address and telephone number for the animal shelter.
(B) It shall be unlawful for any person to inhumanely treat any animal, including, but not limited to, the deprivation of necessities, beating, mutilating, torturing, and killing, overloading, overworking, or otherwise abusing any animal. Nothing herein shall prevent Animal Services from humanely euthanizing any animal.
(C) It shall be unlawful for any person to exhibit, display or keep any animal without providing adequate food, adequate water, adequate shelter or medical attention.
(D) Any dog which is chained, tied or otherwise connected by means other than a leash being held by a person shall be provided no less than ten (10) feet of chain, rope, cable or other similar material, and shall be situated in a manner that prevents injury, strangulation, or entanglement. Dogs that are chained, tied, or otherwise connected by means other than a leash being held by a person shall be properly fitted with and wearing non-choke, buckle-type collar or harness made of leather, nylon, or similar material, and shall not be tethered by use of a choke collar, or on any collar too small for the size and age of the animal. The tether must be attached to the dog's collar or harness and not directly to the dog's neck, or of such unreasonable weight as to prevent the animal from moving about freely. Dogs shall be not tethered in any unsafe area, and must be at least ten (10) feet from the edge of any public road or sidewalk. Dogs shall not be tethered during extreme weather conditions, or while the dog is sick or injured. Dogs under the age of five (5) months may not be tethered unattended, and multiple dogs should be tethered separately.
(E) It shall be unlawful for any person to keep an animal within the passenger compartment of an automobile without adequate ventilation in the summer or adequate warmth in the winter. No person shall enclose any animal in the trunk of an automobile. An Animal Control or Police Officer shall rescue any animal confined in such a manner. No person shall use any automobile as a temporary or permanent shelter for animal(s).
(F) It shall be unlawful for any person to stage, cause, instigate, permit, observe, or attend any dog-fight, cock-fight, bull-fight, or other combat between animals or between animals and humans. Animals altered for fighting purposes and animals with scarring from previous fighting may be considered evidence of unlawful animal combat.
(G) It shall be unlawful for any person(s) to own, harbor, or be in possession of animal fighting paraphernalia.
(H) It shall be unlawful for any person to set free any hare, rabbit, gerbil, domesticated rat, guinea pig, other pet rodent, snake, lizard, turtle, other pet reptile, or other animal for the purpose of violating any provision of this chapter.
(I) No performing animal exhibition, circus or horse show, shall be permitted, in which the animals are induced or encouraged to perform through the use of chemical, mechanical, electrical or manual devices in a manner which will cause or is likely to cause physical injury or suffering. All equipment used on animals in such shows shall fit properly and be in good working order.
(J) Any person, who as the operator of a motor vehicle, strikes a domestic animal, shall stop at once and render assistance as may be possible and shall immediately report such injury or death to the animal's owner, if known, or to Animal Control or any police officer.
(K) No person shall expose any poisonous substance, whether mixed with food or not, so that the sample shall be likely to be eaten by a domestic animal, provided that the substance shall not be unlawful for a person to expose on his or her own property, poisonous substance, or to Animal Control or any police officer.
(L) No person shall give away any live animal as a prize or for inducement to enter any contest, gamble or other competition or as an inducement to enter into any business agreement. Whereby the offer was for the purpose of attracting the trade, except that it shall not be unlawful to give away small fish, not to exceed four (4) inches, as a prize.
(M) It shall be unlawful for any person to color, stain, dye or otherwise change the natural color of any live animal or to offer such colored animals for sale in the county, except that the mane and tail of an equine may be changed pursuant to accepted practices in showing the equine.
(N) It shall be unlawful to sell baby chicks, ducks or rabbits under the age of two (2) months in quantities less than six (6).
(O) It shall be unlawful to place an animal in the rear of a truck without securing the animal so that the animal cannot jump out.
(P) It shall be unlawful to possess more than six (6) domestic (cats and/or dogs) or exotic animals or a combination thereof in one's residential dwelling if that said dwelling is within one hundred(100) feet of a neighbor.
(Q) It shall be unlawful to allow dogs, cats, or other domestic animals to remain outdoors during extreme weather conditions. Dogs, cats, or other domestic animals must be moved indoors or to an area that provides protection from the extreme weather condition.
(R) It shall be unlawful for any person to use a muzzle that causes injury to a dog, interferes with its vision, respiration, or ability to drink. It shall be unlawful to muzzle any dog unless doing so is reasonably calculated to prevent injury to people or animals.
(Ord. 1799-2020, passed 9-22-20)
(A) It shall be unlawful for any person to permit any animal owned or harbored by him or her, to run at large.
(B) It shall be unlawful for the harboring or keeping of cattle, horses, chickens and other barn type animals in any non-agricultural zoned area within the city.
(C) It shall be unlawful to own or possess a vicious animal.
(D) It shall be unlawful to own or possess an animal that conducts itself in such a manner as to constitute a public nuisance.
(E) It shall be unlawful to allow a female dog to be exposed during estrus (in season, in heat) so as to attract male dogs. Every female that is in season shall be confined in a building or secure enclosure in such a manner that such female dog cannot come in contact with a male dog except for planned breeding. Females shall not be restrained by tie out, chain, rope, cable, leash, or otherwise restrained and left unattended while in season.
(F) 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 under this division.
(G) Pursuant to KRS 258.215, a hound or other hunting dog which has been released from confinement for hunting purposes shall be deemed to be under reasonable control of its owner or handler while engaged in or returning from hunting, and, if a hunting dog becomes temporarily lost from a pack or wanders from actual control or sight of its owner or handler, the owner or handler shall not be deemed to be in violation of the provisions of this section as a result of the dog's having become temporarily lost or having wandered from immediate control or sight of the owner or handler.
(Ord. 1799-2020, passed 9-22-20)
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