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No person shall sell, exchange, offer to sell or exchange, display or possess living baby chicks, ducklings, or other fowl or rabbits which have been dyed or colored; nor dye or color any baby chicks, ducklings or other fowl or rabbits; nor sell, exchange, offer to sell or exchange or to give away baby chicks, ducklings or other fowl or rabbits, under two months of age in any quantity less than six, except that any rabbit weighing three pounds or more may be sold at an age of six weeks.
(KRS 436.600) Penalty, see § 91.99
No owner of a domestic animal shall abandon the animal.
(A) Any peace officer, animal control officer, or any person authorized by the Board of Agriculture may destroy or kill or cause to be destroyed or killed, any animal found abandoned and suffering and not properly cared for, or appearing to be injured, diseased, or suffering past recovery for any useful purpose.
(B) Before destroying the animal the officer shall obtain the judgment to that effect of a veterinarian, or of two reputable citizens called by him to view the animal in his/her presence, or shall obtain consent to the destruction from the owner of the animal.
(C) (1) Any animal placed in the custody of a licensed veterinarian for treatment, boarding, or other care, which shall be unclaimed by its owner or his/her agent for a period of more than ten days after written notice by registered or certified mail, return receipt requested, is given the owner or his agent at his last known address, shall be deemed to be abandoned and may be turned over to the nearest humane society, or animal shelter or disposed of as the custodian may deem proper.
(2) The giving of notice to the owner, or the agent of the owner of the animal by the licensed veterinarian shall relieve the licensed veterinarian and any custodian to whom the animal may be given of any further liability for disposal.
(D) Abandonment shall constitute the relinquishment of all rights and claims by the owner to the animal.
(KRS 257.100)
(A) It is hereby declared to be unlawful for any owner, keeper or walker of any animal to permit his or her animal to discharge the animal’s excrement upon any public or private property (other than the property of the owner of the animal), absent the consent of the owner of the property, within the city, if the owner, keeper, or walker does not immediately thereafter remove and clean up the animal’s excrement from the public or private property.
(B) Any animal excrement removed from public or private property and deposited in waste removal containers for service by city contractors shall be placed in a sealed bag or other tight-fitting container suitable for collection and disposal.
(C) Division (A) of this section shall not apply to a blind person and his/her guide dog.
(Ord. O-6-98, passed 4-20-98; Am. Ord. O-7-01, passed 4-2-01) Penalty, see § 91.99
DANGEROUS ANIMALS AND VICIOUS ANIMALS
For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ANIMAL OWNER. Any person who owns any animal; has a property right in any animal; or, has any animal in his/her custody, possession, maintenance, care or control. ANIMAL OWNER shall include any person who is temporarily boarding any animal or has any animal in his/her care, custody, control, maintenance or possession, and includes any person providing food, drink, space or care to stray animals or animals otherwise running at large.
DANGEROUS ANIMAL.
(1) Any animal that has attacked or bitten without provocation a person engaged in lawful activity within the city;
(2) Any animal that has killed or injured another animal after the owner thereof has been given written or verbal notice by a Dangerous Animal Officer to keep the same confined or muzzled;
(3) Any animal that has been declared to be dangerous by a physician attending a person who has been bitten or attacked by such animal;
(4) Any animal trained, owned or harbored for the purpose, primarily or in part, of animal fighting;
(5) Any animal that is considered by a Dangerous Animal Officer to have either a dangerous or vicious propensity, dangerous or vicious predisposition, or dangerous or vicious tendency, after said Dangerous Animal Officer has personally observed the animal's behavior; or
(6) Any animal that exhibits behavior that requires a Dangerous Animal Officer to take defensive action or causes such Dangerous Animal Officer the immediate apprehension of bodily harm.
(7) Any animal shall not be deemed dangerous if:
(a) It bites, attacks or menaces anyone assaulting its owner, or any person or other animal who has tormented or abused it; or
(b) It is otherwise acting in defense of an attack, from a person or other animal upon the owner or other person; or
(c) It is protecting or defending its young or other domestic animal; or
(d) It has been trained to function for public law enforcement agencies.
DANGEROUS ANIMAL OFFICER. The Animal Control Officer or any law enforcement officer. The DANGEROUS ANIMAL OFFICER shall take complaints of an aggrieved party, on a form prescribed by the city, and set forth in the Appendix following this chapter.
VICIOUS ANIMAL.
(1) Any animal that has caused death or severe injury to a person engaged in lawful activity within the city. A severe injury shall include, but not be limited to, one or more of the following: permanent disfigurement, long-term loss or impairment of any organ, broken or crushed bones, lacerations exceeding one inch in length, more than four puncture wounds from teeth, one or more severed veins or arteries, the removal of flesh exceeding one-half square inch, damage to muscle tissue, the loss of any limb or appendage, damage to an eye, injury that results in a person becoming disabled as defined by the Americans With Disabilities Act, or any injury deemed severe by an attending medical doctor.
(2) Any animal shall not be deemed a VICIOUS ANIMAL if:
(a) It bites, attacks or menaces anyone assaulting its owner, or any person or other animal who has tormented or abused it; or
(b) It is otherwise acting in defense of an attack, from a person or other animal upon the owner or other person; or
(c) It is protecting or defending its young or other domestic animal; or
(d) It has been trained to function for public law enforcement agencies.
(Ord. 0-18-88, passed 8-15-88; Am. Ord. 0-24-89, passed 10-2-89; Am. Ord. O-5-92, passed 2-3-92; Am. Ord. O-6-01, passed 4-2-01; Am. Ord. O-13-2014, passed 11-3-14)
(B) In the event that a Dangerous Animal Officer has reasonable cause to believe that an animal is dangerous, as defined hereinabove, DANGEROUS ANIMAL, divisions (5) and (6) in § 91.20, the Officer shall initiate proceedings in the Campbell District Court, requesting that said Court conduct a hearing to determine whether or not the animal should be declared dangerous under this subchapter, under a preponderance of the evidence. The Court may establish a time schedule to assure compliance with this subchapter, said time schedule shall not exceed the District Court appeal time.
(D) In the event that a Dangerous Animal Officer has reasonable cause to believe that an animal is vicious, as defined hereinabove, VICIOUS ANIMAL in § 91.20, the Officer shall immediately initiate proceedings in the Campbell District Court, requesting that said Court conduct a hearing to determine whether or not the animal should be declared vicious under this subchapter, under a preponderance of the evidence. The Court may order the animal to be immediately impounded and quarantined, or humanely euthanized.
(Ord. O-13-2014, passed 11-3-2014)
(A) Registration, photographs, and proof of vaccination required. Every owner of a dangerous animal in the city shall annually register the animal with the city. This registration shall state the name, address, and telephone number of the person possessing the animal, the address where the animal is harbored, if different from the possessor's address, completely identify the animal, including genus and species, his or her common name, gender, color, and other distinguishing physical characteristics, including size and weight. An owner of a dangerous animal shall also submit two color photographs showing the color and approximate size of the animal with the registration and obtain from the city a dangerous animal tag. In the case of dogs or other animals required by law to be vaccinated for rabies, proof of rabies vaccination shall also be provided. Registration shall be completed for all animals that are located or kept within the territorial limits of the city for a period exceeding 24 hours. The registration period shall run from July 1 to June 30 of the following year.
(1) Upon appropriate registration as set forth above, the city shall issue a license, which shall be valid during the same time period as the registration. The license fee shall be $500.
(2) The license shall be a metal tag. Each owner shall be responsible for a collar on which the tag can be fastened.
(3) The license fee shall be made payable to the city and shall be used to recover the costs of the tags and the administration of this subchapter.
(4) Animal tags shall not be transferable from one animal to another and no refunds shall be made on any unexpired animal license fee because of death of the animal or the owner moving out of the city.
(5) The licensing and registration herein required shall be in addition to all licenses, registrations, and vaccination requirements of the state or county by law or regulation.
(B) Proof animal has been spayed or neutered. Every owner of a dangerous animal in the city shall submit with its initial registration written proof from a veterinarian that the animal has been spayed or neutered, or a written statement from the veterinarian why the animal cannot or should not be spayed or neutered. The city shall make the final determination if the animal must be spayed or neutered.
(C) Microchip identification required. Every owner of a dangerous animal in the city is required to have a microchip installed or injected in the animal. Proof of microchip installation or injection is required at the time of registration of the dangerous animal. The microchip shall be installed or injected under the skin of the animal by a veterinarian, or other properly trained and authorized individual, and shall be designed so that, when scanned by an electronic reader, it is capable of providing the identification of the animal's owner. If such a animal is impounded, the microchip shall be installed or injected prior to its release. The owner or possessor of such an animal shall be responsible for payment of the costs associated with the installation or injection of a microchip in the animal.
(D) Insurance. An owner of a dangerous animal must produce evidence that he or she has the ability to respond in damages up to and including the amount of $100,000 per person and $300,000 per occurrence for bodily injury to or death of any person or persons or for damage to property that may result from the ownership, keeping, or maintenance of such animal. Proof of financial responsibility must be submitted to the city and may be in the form of a certificate of insurance, listing the city as a certificate holder on the homeowner's policy or in the form of a surety bond conditioned upon the payment of such damages. If such insurance or surety bond is changed, altered, or terminated after registration of the dangerous animal, the owner of such animal shall provide evidence to the city of insurance or surety bond complying with the terms of this provision. Changing or cancelling the insurance policy or surety bond without prior notice given to the city will result in immediate confiscation and removal of the animal from the city.
(E) Reporting requirements. Every owner of a dangerous animal in the city is required to report the following information in writing to the city:
(1) The removal from the city or death of the animal;
(2) The birth of offspring of the animal;
(3) The new address of the animal if it is relocated within the corporate city limits; or
(4) When the animal is running at large, has been stolen, or has attacked a person or another animal.
(F) Failure to comply. It shall be unlawful for any owner of a dangerous animal in the city to fail to comply with the requirements and conditions set forth in this subchapter. A dangerous animal found to be in violation of this subchapter shall be subject to immediate seizure and impoundment. In addition, failure to comply with this chapter will result in the automatic revocation of the license of such animal.
(Ord. O-13-2014, passed 11-4-14)
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