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(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)
(A) It shall be unlawful to sell, own, harbor or keep as a pet, a wild or exotic animal, not indigenous to the United States, unless the animal has been approved for sale or retention by appropriate state and federal governmental agencies and any required permits have been obtained.
(B) It shall be unlawful to sell, own, harbor or keep as a pet, a wild animal native to the United States, unless the animal has been approved for sale or retention by appropriate state and federal governmental agencies and any required permits have been obtained.
(Ord. 1799-2020, passed 9-22-20)
(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)
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