Section
General Provisions
91.01 Definitions
91.02 Enforcement
91.03 Commercial establishments to post emergency names and numbers
Provisions Concerning All Animals
91.15 Animals disturbing the peace
91.16 Animals to be under control
91.17 Inhumane or improper treatment
Humane Societies
91.30 Standards and licensing
Bees
91.40 Bees
Wild and Exotic Animals
91.50 Wild and exotic animals prohibited
Dogs
91.60 Licensing
91.61 Rabies vaccination
Vicious Animals
91.75 Definitions
91.76 Confinement
91.77 Leash and muzzle
91.78 Signs
91.79 Insurance
Commercial Animal Establishments
91.85 Definition
91.86 Licensing provisions
91.87 Minimum standards
91.88 Inspections
91.89 License revocation
91.99 Penalty
Statutory reference:
Authority to regulate keeping of animals, see KRS 85.180
Authority to regulate keeping of animals, see KRS 85.180
GENERAL PROVISIONS
"ABANDON." Any animal left more than 24 hours without a person checking on the condition of the animal(s) and providing food and water. Any animal left on private property without the owner's consent or deserted or dumped on public property or roadways.
"ANIMAL." Any live vertebrate creature.
"ANIMAL CONTROL OFFICER." Any person designated by the Director of Animal Control who is qualified to perform duties under the laws of the Commonwealth of Kentucky and the City of Florence, Kentucky. An animal control officer shall be a law enforcement officer for the purposes of animal control only.
"ANIMAL SHELTER." Any premises operated or approved for operation by the Fiscal Court for the purpose of impounding and caring for animals held under the authority of this ordinance.
"COMMERCIAL ANIMAL ESTABLISHMENT." Any pet shop, boarding or breeding kennel, grooming facility, auction, petting zoo, zoological park, circus, performing animal exhibit or any person engaged in the business of breeding, buying, or selling at retail or wholesale, any species of animal for profit.
"DIRECTOR OF ANIMAL CONTROL." The person appointed by the Judge/Executive and approved by the Fiscal Court to the Chief Animal Control Officer.
"DIRECTOR OF HUMANE SERVICES." Director of the Boone County Animal Shelter, as appointed by the Boone County Judge/Executive and approved by the Boone County Fiscal Court.
"DAY." For the purposes of this ordinance, a 24 hour period shall constitute a day.
"DOMESTIC ANIMAL." Animals as are habituated to live in or about the habitations of human beings, and which are kept, cared for, sheltered, fed, or harbored for use as a pet or as a source of food, raw materials or income.
"EXOTIC ANIMAL." Any animal not indigenous to the United States and not ordinarily tame and which is by nature an animal that lives apart from human beings.
"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 Animal Control, or any authorized representative thereof.
"LIVESTOCK." Cattle, sheep, swine, goats, emus, ostriches, horses or any other animals of the bovine, ovine, porcine, caprine, ratite or equine species.
"OWNER." Any person, group of persons, partnership, or any entity owning, keeping, harboring, or sheltering one or more animals.
"PERSON." All natural persons, partnerships, firms, associations, governmental bodies, agencies and other entities.
"PET." A domesticated animal kept for pleasure rather than utility.
"PROPER QUARANTINE." Confinement to a secure enclosure which shall not permit the animal to come in contact with another animal or person, except the owner or caregiver, for a period of ten days.
"PUBLIC NUISANCE." Any animal or animals which:
(l) Molests passers-by or passing vehicles;
(2) Attacks people or other animals;
(3) Is repeatedly at large;
(4) Damages public or private property;
(5) Makes noise in an excessive continuous or untimely manner;
(6) Creates unsanitary conditions; or
(7) Disturbs the peace, comfort or health of persons in any other manner.
"QUALIFIED PERSON." Any person granted a permit by the Kentucky Department of Human Resources to vaccinate his or her own animal against rabies.
"REASONABLE GROOMING." To maintain an animal's coat to prevent conditions which inhibit normal walking or eliminating body waste, or which are medically harmful to the animal.
"RESTRAINT." Enclosed in an area by a form of fencing designed to control the movement of the animal or secured by a leash or chain. An animal shall be deemed to be restrained if it remains on the premises of its owner or if it is accompanied by a responsible person and is under that person's control.
"RUNNING AT LARGE." Any animal that is off the property of the owner, custodian, possessor or harborer and is not restrained. Except that a hound or other hunting dog which has been released from restraint 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 the hunting dog becomes temporarily lost from a pack or wanders from actual control or sight of its owner or handler it shall not be deemed to be a violation.
"STRAY." Any animal running at large.
"VETERINARIAN." One licensed and qualified to treat diseases and injuries of the animal.
"VETERINARY HOSPITAL." Any establishment maintained and operated by a licensed veterinarian for surgery, diagnosis, and treatment of diseases and injuries of the animal.
"VICIOUS ANIMAL."
(1) Any animal which constitutes a physical threat to human beings or domestic animals due to a known propensity to endanger life by an unprovoked assault or bite which resulted in serious bodily harm;
(2) Any animal which, when unprovoked, approaches in a terrorizing manner, any person in an attitude of attack upon streets, sidewalks or any public grounds or places;
(3) Any animal with a known propensity, tendency or disposition to unprovoked attacks which cause injury or endanger the safety of human beings or domestic animals;
(4) Any animal which bites multiple times or to the extent of causing severe injury and assaults or otherwise attacks human beings or domestic animals;
(5) Any animal owned or harbored primarily or in part for the purpose of fighting with animals.
(6) It shall be prima facie evidence that an animal is vicious if the animal bites a human being or domestic animal more than once in the same attack.
(7) Exceptions. An animal shall not be deemed vicious solely because:
(a) It bites, attacks or menaces:
1. Any person assaulting its owner;
2. Any person or animal who has tormented or abused it; or
(b) It is otherwise acting in defense of any attack from a person or other animal upon its owner or another person; or
(c) It is protecting or defending its young or the young of any other animal.
(Ord. 0-4-86, passed 2-ll-86; Am. Ord. 0-30-88, passed 11-8-88; Am. Ord. O-14-10, passed 12-14-10)
The city hereby designates the Director of Animal Control and all officers of Animal Control as the proper persons to exercise authority under this ordinance within the city. This power and authority is as follows:
(A) The Director and all officers of Animal Control shall have the powers of a peace officer for the purpose of enforcing animal control laws and ordinances in the city, if they otherwise qualify as a peace officer under the laws of the Commonwealth of Kentucky.
(B) All officers and agents of Animal Control shall comply with KRS 61.300.
(C) All animals of any age, running at large as defined in this ordinance and found in the city may be picked up by Animal Control and impounded in the animal shelter. All animals of any age which have bitten or scratched a human being and which cannot be properly quarantined or found not properly quarantined may be picked up by Animal Control and impounded in the animal shelter for any applicable quarantine period. A Law Enforcement Officer or Animal Control Officer may order any animal which has bitten or scratched a human being to be quarantined at the animal shelter if the officer has reason to believe such animal is vicious or may pose a threat to the safety of the community. 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.
(D) Any animal required to be licensed but found unlicensed or any animal, except cats, whose owner is unknown, shall be impounded for a minimum period of five days unless it is earlier claimed by its owner. If the animal is not claimed by its owner within five days of impoundment, the animal may then be offered for adoption or may be euthanized at the discretion of the Director of Animal Control. Any person claiming or reclaiming an animal pursuant to this section shall pay a reasonable fee for board, administration, and medical attention for the animal during impoundment and obtain proper licensing for such animal, if applicable, from Animal Control. Animal Control shall make reasonable efforts to locate and inform the owner of any animal that said animal has been impounded.
(E) Any cat impounded in the animal shelter shall be held for a minimum of three days unless it is earlier claimed by its owner. If the animal is not claimed by its owner within three days of impoundment the animal may then be offered for adoption or may be euthanized at the discretion of the Director of Animal Control. Any person claiming or reclaiming an animal pursuant to this section shall pay a reasonable fee for board, administration and medical attention for such animal during impoundment.
(F) When any licensed animal or animal whose owner is known is impounded in the animal shelter, Animal Control shall notify the owner by certified mail, return receipt requested, within three business days of impoundment. If the certified mail is returned undeliverable, the animal shall be held a minimum of 14 days from the date of impoundment before the animal may be adopted or euthanized at the discretion of the Director of Animal Control.
(G) The registered owner shall reclaim the animal within ten 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 ten 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 Control. Any person claiming or reclaiming an animal pursuant to this section shall pay a reasonable fee for board, administration and medical attention during the impoundment.
(H) An Animal Control Officer may choose to issue a misdemeanor notice in lieu of a uniform citation. The misdemeanor notice will stipulate the violation(s) observed, associated fee and compliance date. The misdemeanor notice shall allow up to but not exceed seven days to correct the violation. Should the violation not be corrected within the allotted time, then the notice shall serve as a uniform citation and the violating party shall report to Boone County District Court at the designated court date and time. If the violation is serious in nature the Animal Control Officer may issue a uniform citation. All associated fees shall be paid to the Boone County Animal Shelter. Fifty percent of the violation fees shall be used to fund the Spay/Neuter Assistance Program.
(I) Any animal observed by a Law Enforcement Officer or Animal Control Officer to be in immediate danger may be removed from such situation by the quickest and most reasonable means available.
(J) In the event that any Law Enforcement Officer or Animal Control Officer witnesses a vicious animal, as defined, the animal may be impounded and the owner cited for violation of § 91.16. If the owner is cited and the animal impounded, the animal shall remain in the custody of the animal shelter pending a decision by District Court unless ownership is voluntarily relinquished to Animal Control.
(K) It shall be unlawful for any person or owner to interfere with, hinder, harass, or abuse an officer or individual authorized to enforce the provisions of this ordinance.
(L) Any and all fees shall be set annually by the Director of Animal Control, including but not limited to animal related license, adoption, boarding, administration and violation fees.
(Ord. 0-4-86, passed 2-ll-86; Am. Ord. 0-30-88, passed 11-8-88; Am. Ord. O-14-10, passed 12-14-10)
PROVISIONS CONCERNING ALL ANIMALS
It shall be unlawful for any person to keep within the city any animal which by reason of frequent or continual noise or unsanitary conditions, disturbs the peace, comfort, or health of the neighbors.
(Ord. O-4-86, passed 2-11-86) Penalty, see § 91.99
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