(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 or ordinances in the city and county, if they otherwise qualify as a peace officer under the laws of the commonwealth.
(B) All officers of Animal Control shall comply with KRS 61.300.
(C) Whenever it is necessary for Animal Control to make an inspection in order to perform any duty or enforce any provision of this chapter or any other applicable state statutes, they are hereby empowered to enter property at a reasonable time and inspect the premises. Animal Control shall have the power only if the consent of the owner or occupant of the property is freely given, a search warrant is obtained or such exigent circumstances exist that a warrantless, non-consensual search is required.
(D) All animals of any age running at large, as defined in this chapter, and found in the city, may be picked up by Animal Control and impounded in the Animal Shelter. Furthermore, animals which are inhumanely treated, in accordance with § 92.06 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.
(E) Any animal required to be licensed, but found unlicensed, or any animal whose owner is unknown, shall be impounded for a minimum period of five days unless its owner earlier claims it. 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.
(F) When any licensed animal or animal whose owner is known, is impounded in the Animal Shelter, Animal Control shall notify the owner by phone or personally, within three business days of impoundment. The animal shall be held a minimum of eight 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 five 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 five days of receipt of the notice of impoundment may 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 boarding, administration and medical attention for such animal during 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 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 County Animal Shelter.
(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 § 91.07. If the owner is cited and the animal impounded, the animal shall remain in the custody of the Animal Shelter pending the 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 any officer or individual authorized to enforce the provisions of this chapter.
(L) Any and all fees shall be set annually by the Fiscal Court, including, but not limited to, animal related licenses, adoption, boarding, administration and violation fees.
(M) While any licensed animal, or animal whose owner is known, is impounded in the Animal Shelter preceding and during a court action in regards to the animal, the owner shall not visit the Animal Shelter unless it is agreed upon by the owner, Animal Control Officers and the Judge Executive. During the visiting of an animal, the owner is to visit the animal at the outside parts of the pens and shall not try to open the pen doors. If an owner of an animal tries to tamper with the locks on the pens or open the pens by any means, necessary action shall be taken. If an owner tries to visit with his or her animal and it is not agreed upon with the Animal Control Officers and the Judge Executive, the owner will be charged with Criminal Trespassing pursuant to KRS 511.070.
(Ord. 840.2-10-2-2011, passed 10-10-2011; Ord. 840.2-01-2013, passed 2-11-2013) Penalty, see § 91.99