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(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)
CARRIAGE HORSE BUSINESS
In addition to the definitions provided in § 90.01, the following
definitions shall apply to the provisions of this subchapter, unless the context clearly indicates or requires a different meaning.
"CARRIAGE." Any device designed to be drawn by a horse, in, upon or by which any person may be transported or drawn on public streets or in public or quasi-public places.
"CARRIAGE HORSE BUSINESS." Any person owning or operating a horse-drawn carriage for compensation.
"COMPENSATION." Any fare, reward, tip, donation or other thing of value which a driver, owner, or operator of a horse-drawn carriage accepts or receives, or offers to receive, in return for furnishing such a service.
"HORSE." An animal of genus equis.
"OWNER or OPERATOR." Any person, group of persons, partnership, or any entity owning or operating carriage horse business.
"PERSON." Shall include person, firm, partnership, association and corporation.
(Ord. 1799-2020, passed 9-22-20)
(A) Licensing. All carriage horse businesses shall obtain and maintain a valid carriage horse business license in order to operate a carriage horse business within the county.
(B) The carriage horse business licenses shall be issued by the Kenton County Fiscal Court through Animal Services. An application to obtain a carriage horse business license shall be completed by each carriage horse business. A separate application must be completed for each carriage horse business location. The premises for which a license is being granted shall be inspected by Animal Services. Animal Services shall issue a carriage horse business license to the applicant upon payment of the required fee and passing of the required inspection.
(C) The carriage horse business 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 carriage horse business license shall be renewed annually.
(E) The annual fee for a carriage horse business license shall be set annually by the Director of Animal Services and approved by the Fiscal Court.
(Ord. 1799-2020, passed 9-22-20)
(A) Any person owning or operating a horse-drawn carriage for compensation shall, in addition to other requirements of this chapter, comply with the standards of this section.
(B) All working horses shall be provided daily with food and water, free from contamination. Such food shall be wholesome, edible, and of sufficient quantity and nutritive value to meet the normal daily requirements for the condition, size, and species of the animal.
(C) All horses shall have adequate shelter.
(1) All buildings and sheds used for stabling horses shall be well-lit and ventilated. The building must provide adequate protection from the weather and be kept clean and in good repair at all times. Manure and urine shall be removed daily.
(2) Any enclosures where animals are kept shall be graded and raked as to keep the surface reasonably dry.
(3) Clean bedding must be provided.
(D) Flies and other insects must be controlled through general sanitation and necessary means.
(E) All horses used in a carriage horse business must weigh at least eight hundred (800) pounds and be considered in generally good health. Any owner or operator who desires to use a horse for this purpose which does not weigh eight hundred (800) pounds must apply in writing to Animal Services for approval.
(F) Any horse working for a carriage horse business must be examined, not less than every four (4) months, by a veterinarian, who shall certify the fitness of the animal to perform such work. Horses exhibiting any of the following shall be deemed unfit for work:
(1) Sores or abrasions caused or likely to be aggravated by the bearing of services, girth, harness, or bridles, unless padding could be utilized to protect the area.
(2) Serious injury or illness.
(3) Obvious signs of emaciation, malnutrition, lameness, or exhaustion.
(G) Horses requiring veterinary care shall not be moved, ridden, or driven, except for the purpose of humane keeping, pasturing, or obtaining medical care.
(H) Horses shall be properly shod, and the hooves shall be kept trimmed.
(I) Horses shall be kept clean, particularly in the areas in contact with a harness or other tack.
(J) Horses shall not be worked for more than two (2) hours without being given a total of thirty (30) minutes of rest. The maximum working period for any one animal is ten (10) hours out of every twenty-four (24) hours.
(K) No horse shall be overridden or driven to result in overheating or exhaustion.
(L) Horses shall not be worked when the temperature of the workplace reaches or exceeds ninety-five degrees (95°F). Animals which are on heat stress-preventive treatment that has been prescribed by a veterinarian may be worked while under such treatment on contracts entered into prior to the beginning of such treatment
(M) The speed at which any horse is driven shall not exceed a slow trot.
(N) Horses shall be provided water at the loading site and on routes at all times they are working.
(O) All harnesses and bridles shall be kept oiled, cleaned, and in good repair.
(P) Carriages must be kept properly lubricated and wheels must spin freely.
(Q) Animal Services may order quarantine on the entire premises where the animals are being stabled or any part thereof or on any particular animal for any of the following reasons:
(1) Excessive parasitism, diagnosed by a veterinarian, which would cause the animal to be unfit to be ridden or driven.
(2) General malnutrition, as diagnosed by a veterinarian.
(3) Presence of contagious or transmittable disease, as diagnosed by a veterinarian.
(R) Owners and operators of a carriage horse business shall not permit unsanitary conditions to be present on any road in the county, animal rest area, or any area where the animals are kept. All such areas shall be kept clean and free of conditions which might harbor or be conducive to the breeding of insects or rodents.
(S) No horse shall be made to perform by means of any prod, stick, electrical shock, physical force, or by causing pain or discomfort. Any whip or ridding crop must be used so as not to cause injury to the animal.
(T) No horse may pull a carriage carrying more people than it is designed to carry by the manufacturer, nor shall a carriage be pulled by fewer animals than provided for by design.
(Ord. 1799-2020, passed 9-22-20)
(A) Any person failing to comply with the following sections is guilty of a violation of this chapter and, in addition to proof of compliance where applicable, on a first offense shall be fines not less than twenty-five dollars ($25) nor more than one hundred dollars ($100); on a second or subsequent offense shall be fined not less than fifty dollars ($50) nor more than two hundred fifty ($250). Each day constitutes a new and separate violation.
(1) Section 90.02 failing to comply with the removal of animal excrement.
(2) Section 90.15(M) Tampering with Animal Services traps.
(3) Section 90.16 failing to comply with mandatory spay/neuter requirements.
(4) Section 90.17 failing to license or renew a license for a dog or cat.
(5) Section 90.18 failing to vaccinate against the rabies virus.
(6) Section 90.20(A) Animal running at large.
(7) Section 90.20(B) Owning any Livestock in Non-agricultural zoned area within the city.
(8) Section 90.20(C) Owning an animal which is a public nuisance.
(9) Section 90.20(D) Failing to confine a female dog in heat.
(10) Section 90.21 Failing to have permits for wild or exotic animals.
(11) Section 90.22(E) Caregiver failing to adhere to standards for community cats.
(12) Section 90.23 Humane society failing to obtain license, meet standards, or keep records.
(13) Section 90.36 Commercial animal establishment failing to obtain license.
(14) Section 90.37 Commercial animal establishment failing to meet standards.
(15) Section 90.51 Carnage horse business failing to obtain license.
(16) Section 90.52 Carriage horse business failing to meet standards.
(B) Any person violating the following sections of this chapter shall be guilty of a Class B Misdemeanor and be fined not more than two hundred fifty dollars ($250), or up to ninety (90) days in the county jail, or both. Each day constitutes a new and separate violation.
(1) Section 90.19 First offense of violations related to the humane treatment of animals.
(2) Section 90.20 First offense of owning or possessing a vicious animal. In addition to any penalties imposed, the court shall order one of the following;
(a) That as a condition of retaining the animal it must be microchipped, spayed/neutered, and registered as a vicious animal with Animal Services. It must be confined in a secure, locked enclosure, designed to prevent digging out or escape and prohibits the entry of small children. The enclosure must have a sign warning of a vicious animal which is visible from the roadway or any public access. The enclosure must be inspected and approved by Animal Services. The animal may only leave the enclosure for veterinary care at which time it must be muzzled, on a leash no longer than three (3) feet and under the direct control of the owner. The owner must notify Animal Services in the event the animal is loose, unconfined, has attacked an animal or humane being or is deceased; or
(b) The court may order the animal euthanized.
(3) Section 90.53 Being a habitual violator. Any humane society, commercial animal establishment, or carnage horse business guilty of being a habitual violator is subject to license revocation.
(C) Any person violating the following sections of this chapter shall be guilty of a Class A Misdemeanor and be fined not more than five hundred dollars ($500), or up to one (1) year in the county jail, or both. Each day constitutes a new and separate violation.
(1) Section 90.19 Second or subsequent offense relating to the humane treatment of animals.
(2) Section 90.20 Second or subsequent offense relating to owning or possessing a vicious animal. If the violation involves the same animal, the court shall order the animal immediately euthanized.
(Ord. 1799-2020, passed 9-22-20)