For the purpose of this chapter the following words and phrases shall have the following meanings ascribed to them respectively.
“ANIMAL SHELTER.” The Fleming County Animal Shelter or any other facility designated by the Dog Warden to impound and care for a dog picked up by the Dog Warden for violation of this chapter.
“DOG.” Any member of the canine species, male or female, of any age.
“DOG WARDEN.” The Fleming County Dog Warden employed by the Fleming County Fiscal Court.
“HONEY BEES.” Bees of the type customarily raised for honey; such bees are also known as apis mellifera.
“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 a police Officer, Code Enforcement Officer, Dog Warden, or any other empowered official.
“KEEP.” Possessing, controlling, exercising or allowing to run at large.
“KENNEL OPERATOR.” Any person engaged in the commercial business of breeding, buying, selling or boarding dogs and who owns, harbors or keeps five (5) or more dogs over the age of four (4) months.
“OWNER.” Any person owning, keeping or harboring a dog or other animal covered under the provisions of this chapter.
“PERSON.” Includes all natural persons, corporations, partnerships, firms, associations, governmental bodies, agencies and other entities.
“PUBLIC NUISANCE.” Any animal which molests passers-by or passing vehicles; attacks people or other animals; damages public or private property; is repeatedly at large; makes noise in an excessive, continuous or untimely fashion; or disturbs the peace, comfort or health of persons in any other manner.
“RESTRAINED.” Enclosed in an area by a form of fencing (including invisible fencing) designed to control the movement of the dog or secured by a leash or chain.
“RUNNING AT LARGE.” On or off the premises of the owner and not under the immediate effective control of the owner or custodian either by leash, cord, or chain or effectively restrained on the owner’s premises.
“SERVICE ANIMAL.” Any canine which assists anyone with day to day activities to include K-9 police dogs.
“STRAY.” Any animal running at large with no identification.
“VICIOUS ANIMAL.”
(1) Any animal which has been known or should be known by a reasonably prudent person to have the propensity, tendency, or disposition to attack unprovoked, to cause injury or to otherwise endanger the safety of human beings or domestic animals; or
(2) Any animal which attacks any human being or domestic animal without provocation; or
(3) Any animal owned or harbored primarily or in part for the purpose of dog fighting, or any dog trained for dog fighting, or any animal trained for fighting other animals; or
(4) Any animal which has bitten human beings twice is prima facie deemed vicious.
(5) The keeping of vicious animals is prohibited. No person shall keep any vicious animal, whether owned by him or not, on his property within the City of Flemingsburg.
“VICIOUS DOG.” Any dog which exhibits those distinguishing characteristics, which substantially conform to the standards established by the American Kennel Club for American Staffordshire terrier, of Staffordshire bull terriers, or substantially conform to the standards established by the United Kennel Club for American pit bull terriers, including any mixed breed of dog which contains as an element of its breeding the breed of Staffordshire bull terrier, American Staffordshire terrier, or American pit bull terrier. Also the Rottweiler breeds and the Chow Chow breeds. Dogs of mixed breed or of other breeds than above listed which breed or mixed breed are known as pit bulls, pit bull dogs, or any other commonly accepted derivative named of the named breeds listed above. Or any dog which has the appearance and characteristics of being predominantly of any of the breeds of dogs listed above; or a combination of any of those.
“WILD AND EXOTIC ANIMALS.” Any animal not indigenous to the United States and not ordinarily tame and which by nature an animal that lives apart from human beings.
(1) It shall be unlawful to see, own, harbor or keep as a pet any wild or exotic animal, not indigenous to the United States, except state and federal conservation officers, licensed nuisance wildlife officers, and licensed rehabilitators.
(2) It shall be unlawful to see, own, harbor or keep as a pet any wild animal native to the United States, except state and federal conservation officers, licensed nuisance wildlife officers, and licensed rehabilitators.
(3) It shall be unlawful to sell, own, harbor or keep any venomous reptile.
(Ord. 3-11-1, passed 3-14-11; Am. Ord. 10-12-1, passed 10-8-12) Penalty, see § 90.99
Statutory reference:
Dogs, see KRS Chapter 258