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(A) A trap-neuter-return program will be developed by Animal Services to address the issues presented by feral and other community cats, recognizing that there are caretakers of community cats.
(B) A trap-neuter-return program will permit Animal Services to engage in the trapping of community cats for the purpose of sterilization, vaccination, ear-tipping for easy identification, and providing of other necessary medical care for community cats.
(C) A caretaker providing for a community cat(s) may offer certain necessities on a regular/ongoing basis, including, but not limited to; proper nutrition of food and water, and medical care. If medical care is unavailable or too expensive, a caregiver should contact Animal Services for assistance to prevent harm to a community cat.
(D) If the requirements of division (C), above, are met, the caretaker is exempt from licensing and other provisions of this chapter that apply to owned cats.
(E) Anyone providing necessities to community cats shall adhere to the management standards listed below to reduce reproduction and prevent the attraction of wildlife, vermin, or insects. Failure to adhere to standards shall be deemed a public nuisance.
(1) Food must be presented in a container and not thrown on the ground.
(2) Uneaten food must be picked up after one (1) hour.
(3) Remove your trash and keep the area clean.
(4) Encourage cats to stay away from people such as by feeding away from streets and public sidewalks.
(5) If providing shelter, ensure that shelters are insulated, blends in with the surrounding, and free of standing water and moisture.
(6) Provide rabies vaccinations and spay/neuter services to prevent reproduction or contact Animal Services.
(Ord. 1799-2020, passed 9-22-20)
(A) All humane societies in the county shall be governed by the same standards set forth in §§ 90.35 seq., and shall be subject to any ordinance pertaining to commercial animal establishments.
(B) Humane societies shall maintain records on each animal accepted or houses, noting the following;
(1) Name and address of previous owner or person turning in the animal.
(2) Date received.
(3) Condition of the animal and any medical treatment,
(4) Date of adoption, redemption or euthanasia.
(5) Name and address of new owner.
(Ord. 1799-2020, passed 9-22-20)
COMMERCIAL ANIMAL ESTABLISHMENTS
In addition to the definitions provided in § 90.01, the following definition shall apply to the provisions of this subchapter, unless the context clearly indicates or requires a different meaning.
"OWNER or OPERATOR." Any person, group of persons, partnership, or any entity owning or operating a commercial animal establishment. This definition does not apply to veterinarians as long as animals on the premise are there for treatment only.
(Ord. 1799-2020, passed 9-22-20)
(A) Licensing. All commercial animal establishments shall obtain and maintain a valid commercial animal establishment license in order to operate a commercial animal establishment within the county.
(B) The commercial animal establishment licenses shall be issued by the Kenton County Fiscal Court through Animal Services. An application to obtain a commercial animal establishment license shall be completed by each commercial animal establishment. A separate application must be completed for each location in the case of commercial animal establishment chains and/or franchises. The premises for which a license is being granted shall be inspected by Animal Services. Animal Services shall issue a commercial animal license establishment license to the applicant upon payment of the required fee and passing of the required inspection.
(C) The commercial animal establishment license shall be valid for a period of one (1) year. Licenses issued between July 1, 2019 and June 30, 2020 will be extended until January 31, 2021. After January 31, 2021 all licenses are due for renewal in the month of February.
(D) The commercial animal establishment license shall be renewed annually.
(E) The annual fee for a commercial animal establishment license shall be set by the Director of Animal Services and approved by the Fiscal Court.
(Ord. 1799-2020, passed 9-22-20)
(A) All commercial animal establishments shall provide an adequate environment for each animal which is compatible with the general health and welfare of the animal.
(B) All commercial animal establishments shall provide adequate space for each animal. Each cage or enclosure shall be large enough for the animal to stand, sit, lie and turn around without touching the walls or ceiling of the cage or enclosure, or another animal.
(C) All commercial animal establishments shall provide adequate sanitation. Each cage or enclosure shall be maintained as follows:
(1) Indoor containment.
(a) Cages or enclosures containing dogs or cats, of any age, shall be cleaned with hot water, disinfectant and detergent daily (including holidays), or more frequently if conditions require additional cleaning or disinfecting to keep animals out of contact with feces or urine. Litter boxes shall be cleaned daily (including holidays) and the litter changed when needed.
(b) Cages or enclosures containing birds shall contain a perch and shall be cleaned with hot water and disinfectant at least twice weekly or more frequently if conditions require additional cleaning.
(c) Cages or enclosures containing small animals beside a dog or cat shall be cleaned with hot water and disinfectant at least twice weekly or more frequently if conditions require additional cleaning.
(d) Cages or enclosures must be designed and constructed of suitable materials so that they are structurally sound and kept in good repair. Cages or enclosures must be constructed and maintained so that they:
1. Have no sharp points or edges that could injure the animal(s);
2. Are safe for their designed use;
3. Contain the animal(s) securely;
4. Keep other animals from entering the enclosure;
5. Enable the animal(s) to remain dry and clean; and
6. Provide animals with easy and convenient access to clean food and water.
(2) Outdoor containment.
(a) If dogs are contained outdoors, their cage or enclosure must be designed and constructed of suitable materials so that they are structurally sound and kept in good repair, Cages or enclosures must be constructed and maintained so that they:
1. Have no sharp points or edges that could injure the animal(s);
2. Are safe for their designed use;
3. Contain the animal(s) securely;
4. Keep other animals from entering the enclosure;
5. Enable the animal(s) to remain dry and clean;
6. Provide animals with easy and convenient access to clean food and water;
7. Provide protection and shelter from extreme weather conditions;
8. Provide sufficient shade from direct rays of sun;
9. Have floors that are constructed in a manner that protects animal(s) feet and legs from injury, and that, if of mesh or slatted construction, do not allow the animals feet to pass through any openings in the floors; and
10. All surfaces in contact with animals shall be cleaned and sanitized daily (including holidays), and sanitized.
(3) Minimum standards for housing.
(a) All commercial animal establishments shall adhere to the following minimum space standards for enclosures housing dogs, based upon the individual dog's height and weight:
Canine Category | Size/Length/Weight | Square Footage Required | Housing Size Equivalency |
Miniature | 0 - 19" or up to 10 lbs. | 4 square feet | 2 feet x 2 feet |
Small | 20 - 29" or up to 20 lbs. | 8 square feet | 2 feet x 4 feet |
Small/Medium | 30 - 39" or up to 35 lbs. | 12 square feet | 3 feet x 4 feet |
Medium | 40 - 49" or up to 50 lbs. | 20 square feet | 4 feet x 5 feet |
Medium/Large | 50 - 59" or up to 75 lbs. | 30 square feet | 5 feet x 6 feet |
Large | 60" + up to 76 lbs. | 36 square feet | 6 feet x 6 feet |
(b) Violations of the minimum standards for housing of dogs pursuant to § 90.36(C)(3)(a) shall not apply to veterinary establishments where restricting a dog's movements is medically necessary.
(E) All commercial animal establishments shall provide adequate nourishment and water for each animal as follows:
(1) Each animal shall be given fresh food and water daily, including holidays.
(2) Soft food shall be available to those animals unable to chew standard dry food.
(3) Potable water shall be available to each animal at all times.
(4) Food and water containers shall be washed and disinfected daily.
(F) All commercial animal establishments shall provide proper medical treatment from a licensed veterinarian for sick or injured animals.
(G) All commercial animal establishments shall provide an adequate room (cage) temperature for the general health and welfare of the animal, suitable to that species' general health and welfare.
(H) All commercial animal establishments shall provide for general cleanliness of its establishment, and shall not permit an insect or rodent infestation.
(I) All commercial animal establishments shall obtain any necessary licenses or permits from an appropriate state or federal agency to offer for sale any exotic or wild animal.
(J) All commercial animal establishments must be sufficiently ventilated at all times when animals are present to provide for animal health and well-being, and to minimize odors, drafts, ammonia levels, and moisture condensation.
(K) All commercial animal establishments keeping animals indoors must be well lit to permit routine inspection and cleaning of the facility, and observation of animals.
(Ord. 1799-2020, passed 9-22-20)
The Director or Assistant Director of Animal Services or any Animal Control Officer shall be permitted and empowered to make an inspection of any commercial animal establishment within the county, and shall further be permitted to take photographs of commercial animal establishments during the inspection. The inspection shall take place upon the verbal request of the Director or Assistant Director of Animal Services or any Animal Control Officer, during regular business hours of the commercial animal establishment.
(Ord. 1799-2020, passed 9-22-20)
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