Each day that a violation occurs shall constitute a separate violation, unless the context clearly states otherwise.
(A) The penalty for a violation of § 91.02 shall be a fine not less than $10, not-more than $100 for each occurrence. Each occurrence shall be deemed to be a separate offense, which may be charged and penalized hereunder.
(B) Any person failing to comply with mandatory spay/neuter requirements of § 91.03 shall:
(1) For the first offense either show the court or hearing authority proof from a licensed veterinarian that the surgical procedure has been performed or be ordered by the court to surrender the animal to Animal Control without a refund of adoption fees, and be fined a sum not less than $10 nor more than $100; and
(2) For the second offense, immediately surrender the animal to Animal Control without a refund of adoption fees, and be fined not less than $50, nor more than $250.
(D) Any person violating any provision of § 91.06 relating to the humane treatment of animals shall be fined a sum not to exceed $500, or sentenced up to 12 months in the county jail, or both.
(E) Any person violating § 91.07(A) (animals to be under control) shall on the first offense be fined not less than $25, nor more than $100; on a second or subsequent offense shall be fined not less than $50, nor more than $250.
(F) Upon conviction under § 91.07 (other than § 91.07(A) which is addressed above) of this chapter relating to the possession of a vicious animal, the penalty shall be a fine of not less than $100, nor more than $500, or up to 90 days in the county jail, or both. In addition, the court may order one of the following:
(1) That the following regulations be followed as a condition of the owner retaining ownership of the animal.
(a) The vicious animal shall be neutered, microchip implanted for identification purposes and registered with Animal Control.
(b) The vicious animal shall be confined in an enclosure constructed of an uncovered fence or structure of at least seven feet in height with anti-climbers or a covered structure of sufficient height to allow an animal to stand erect without touching the top or cover. All such enclosure shall be designed to prevent the entry of small children and shall be suitable to confine the vicious animal. Such enclosures shall be securely closed and locked, and shall be designed to prevent the animal from, digging out or otherwise escaping from the enclosure.
(c) The enclosure shall display a warning sign of the vicious animal, and shall be visible from the public roadway or public access if applicable.
(d) The vicious animal shall not be permitted outside of the dwelling of its owner or outside of the enclosure unless it is necessary to obtain veterinary care or under the direction of Animal Control. If the vicious animal must be allowed outside the permitted areas, it shall be under the direct control and supervision of its owner or keeper, and shall be muzzled and restrained with a lead or leash not to exceed three feet in length, or placed in a secure animal carrier.
(e) The owner or keeper of a vicious animal shall immediately notify Animal Control if the animal is loose, unconfined, has attacked an animal or human being, or is deceased.
(2) In the alternative to division (F)(1) above, the court may order that the animal be immediately surrendered to Animal Control to be euthanized.
(G) Upon conviction of a second or subsequent offense under § 91.07 (other than § 91.07(A)) of this chapter relating to the possession of a vicious animal, the penalty shall be a fine of not less than $250, nor more than $500, or up to one year in the county jail, or both. If the violation involves the same animal, the court shall order the animal immediately surrendered to Animal Control to be euthanized.
(H) Any humane society which fails to comply with the requirements of the minimum standards as set forth in KRS Chapter 258 shall be fined $100 for the first offense. In addition to the fine, if minimum standards are not met within 30 days, the license shall be revoked.
(I) Any commercial animal establishment or kennel violating the minimum standards of KRS Chapter 258 or the provisions of this chapter, as applicable, shall on the first offense be fined not less than $50, nor more than $250; on a second or subsequent offense, be fined not less than $500, nor more than $1,000 per offense.
(J) Any person violating any provision of § 91.11 shall, upon conviction by a court of competent jurisdiction, be guilty of a violation and shall be fined not more than $50 for each violation.
(K) Any person violating the provisions of § 91.12(A) shall be deemed guilty of a misdemeanor and shall be fined not less than $250, nor more than $500.
(L) Any person violating any provision of this chapter for which another penalty is not provided shall be deemed guilty of a misdemeanor and be fined not more than $500, or imprisoned for not more than six months, or both.
(Ord. 840.2-10-2-2011, passed 10-10-2011)