§ 91.01 DEFINITIONS.
   "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)