For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ABANDON. Any canine or livestock left more than 24 hours without a person checking on the condition of the canine or livestock and providing food and potable water or not providing an automatic feeder/waterer. Any canine or livestock left on private property without the owner’s consent or deserted or dumped on public property or roadways.
ADEQUATE FOOD. Wholesome food suitable for the species provided at suitable intervals in a sanitary manner in quantities sufficient to maintain good health in an animal, considering its age and condition.
ADEQUATE SHELTER. Shall be provided to any canine(s) that remains outside. The shelter must be suitable for the species, age, and condition of the animal, The shelter shall:
(1) be structurally sound, with a solid floor, enclosed sides or walls, and must be properly ventilated. The shelter shall be sanitary and weather/waterproof. Suitable drainage must be provided so that water is not standing in or around the structure;
(2) be small enough to allow the animal’s body heat to warm the interior of the structure but be large enough to allow the animal to stand up, turn around, and lie down without touching the walls;
(3) be made from suitable, appropriate, materials to prevent harm or injury to the animal(s);
(4) provide access to shade from direct sunlight and regress from exposure to inclement weather conditions, hot or cold, but which does not exacerbate existing weather conditions; and
(5) placed in an area offering the best available protection from inclement weather, hot or cold.
ADEQUATE VENTILATION. Proper airflow and circulation by mechanical, natural, or other means that provide a constant exchange of air, with fresh, clean, oxygenated air replacing the contaminated, dirty, un-oxygenated air within a confined space.
ADEQUATE VETERINARY CARE. An appropriate level of professional medical care and treatment by a veterinarian licensed by the Kentucky Board of Veterinary Examiners to maintain the proper health and condition of an animal as determined by its breed and age.
ADEQUATE WARMTH. Sufficient, comfortable degree of temperature of a confined space or containment area that will not lower nor raise the average body temperature as appropriate for the species.
ADEQUATE WATER. A supply of clean, fresh, potable water provided on a continual basis in a sanitary manner suitable for the condition, and age of the animal. The supply shall be in sufficient amounts to maintain good health in the animal, and in a suitable container secured to prevent-turnover.
ANIMAL. Any live domesticated vertebrate creature
ANIMAL CARE AND CONTROL. The department of the Jessamine County Fiscal Court which is designated by the Fiscal Court that is responsible for the operation the Jessamine County Animal Shelter and the enforcement of the provisions of this chapter, KRS Chapter 258, and Kentucky Revised Statutes pertaining to animal cruelty.
ANIMAL CONTROL OFFICER. Any person designated by the Director of Animal Control who is qualified to perform the duties under the laws and ordinances of the Commonwealth of Kentucky and the county and all peace officers with jurisdiction in unincorporated areas of Jessamine County or any incorporated area of Jessamine County where there is an inter-local agreement for enforcement of local animal control ordinances. An ANIMAL CONTROL OFFICER shall be a law enforcement officer for the purposes of animal control only as established in KRS 436.605 and KRS 258.195.
ANIMAL SHELTER. Any facility used to house or contain animals, operated or maintained by a governmental body, incorporated humane society, animal welfare society, society for the prevention of cruelty to animals, or other non-profit organization as established in KRS 258.095.
ANIMAL WELFARE GROUP. Any nan-profit organization incorporated in Kentucky as a humane society, animal welfare society, society for the prevention of cruelty to animals, or other non-profit organization established for the purposes of caring for, housing and adopting stray or unwanted animals.
ATTACK. An act by a canine that without provocation causes bodily injury to a human being, livestock, and domestic animal by attempting to bite or biting. This definition shall not apply to an attack by a dog that is protecting the property or life of its owner(s) or the attack of a person who has illegally entered or is trespassing on the dog owner’s property in violation of KRS 511.060 through 511.090.
BEATING. To strike an animal repeatedly and injuriously.
BITE. A wound caused by the bite of an animal which causes puncture wounds.
CANINE. In its singular or plural form shall refer to a domesticated carnivorous animal identified as canis familiaris.
CANINE LICENSE. A license that is issued by Jessamine County Animal Care and Control or its representatives for ail canines owned or harbored within the unincorporated area of Jessamine County or any incorporated area of Jessamine County. The license identifier shall be a microchip or identifying integrated circuit placed under the skin of a canine which is implanted into the canine’s skin. The microchip shall use passive radio frequency identification technology. At the time of licensure the owner of any canine shall have the option to not have their canine implanted with a microchip and shall instead be issued a serial numbered tag that shall be affixed to the canines collar at all times.
CONTROL. The ability to manage and direct the behavior of a dog, either by leash or by observation and voice command.
DAY. For the purposes of this chapter, a 24 hour period shall constitute a day.
DIRECTOR OF ANIMAL CARE & CONTROL. The person approved by the Fiscal Court as the Chief Officer of Animal Care & Control.
DOMESTIC ANIMAL. Animals that 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.
DWELLING. The house or other structure in which a human being lives.
EXOTIC ANIMAL. Any animal not indigenous to the United States.
EXTREME WEATHER CONDITIONS. Periods of time when weather conditions are such that a heat warning or wind chill warning is issued by the National Weather Service.
FELINE. (Animals) of, relating to, or belonging to the Felidae, a family of predatory mammals, including cats.
KILLING. To cause the death of an animal unless as authorized by the Kentucky Revised Statutes.
LIVESTOCK. Cattle, sheep, swine, goats, horses or any other animals of the bovine, ovine, porcine, caprine, or equine species.
LOT. Any parcel or tract of real estate in Jessamine County of which there is a deed or plat recorded in the County Clerk’s office.
MUTILATING. To inflict a violent and disfiguring injury upon an animal.
NECESSITIES. Food, water, space, healthcare and shelter.
OVERLOAD. To load to excess; overburden.
OVERWORK. To cause to work too hard, too much, or too long; weary or exhaust with work.
OWNER. In its singular or plural form shall be defined as any person owning or harboring a canine through license, evidence of vaccination, breeding, selling, feeding or sheltering a dog or dogs on a regular basis. Knowledge of such evidence of ownership by members of the owner’s community or neighborhood shall be admissible in any court proceeding regarding guilt or innocence as to a violation of this chapter.
PARAPHERNALIA, ANIMAL FIGHTING. Any weighted collars, slat mills, carpet mills, fighting pens, permanent or temporary, injectable or ingestible drugs and supplements used to enhance fighting, spring poles, or weight pull harnesses and equipment that is discovered by probable cause or search warrant during the investigation of a cruelty complaint.
PERSON. All natural persons, acting solely as an individual or part of corporations, partnerships, firms, associations, governmental bodies, agencies, and other entities.
PROPERTY. Real estate, residential lot, dwelling or farm owned, rented or occupied by a person owning or harboring a canine.
PUBLIC NUISANCE. Any at-large canine or canine under direct control of its owner or a handler
which:
(1) Is repeatedly molesting passers-by and/or passing vehicles;
(2) Attacks people or other animals;
(3) Damages public or private property;
(4) Is repeatedly running at large;
(5) Creates unsanitary conditions;
(6) A home, residence, building, shed, yard, property, or other establishment that contains excessive amounts of feces and/or urine, or exudes a foul odor.
STRAY. Any animal found running at large and not under the control of its owner or person that is harboring the animal within the unincorporated area of Jessamine County or any incorporated area of Jessamine County where there is an inter-local agreement for enforcement of local animal control ordinances. A hound or other hunting dog which has been released from confinement 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 a hunting dog becomes temporarily lost from a pack or wanders from actual control or sight of its owner or handler, the owner shall not be deemed to be in violation of the provisions of this chapter as a result of the dog’s having become temporarily lost or having wandered from immediate control or sight of the owner or handler as established in KRS 258.215.
TORTURING. The act of inflicting excruciating pain upon an animal, as punishment or revenge.
VETERINARIAN. One licensed by The Kentucky Board of Veterinary Examiners and qualified to treat diseases and injuries of animals.
VETERINARY HOSPITAL CLINIC. Any establishment maintained and operated by a veterinarian licensed by the Kentucky Board of Veterinary Examiners for surgery, diagnosis, and treatment of diseases and injuries of animals.
VICIOUS CANINE. The following actions may be used as part of a criminal complaint and/or evidentiary hearing before a District Judge for a finding of fact that a canine is a danger to the public health and safety of the residents incorporated and unincorporated areas of Jessamine County.
(1) Any canine which constitutes a physical threat to human beings or domestic animals which, due to a known propensity to endanger life, by an unprovoked assault or bite which has resulted in bodily harm;
(2) Any canine 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 canine 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 canine which bites multiple times to the extent of causing injury and assaults or otherwise attacks human beings or domestic animals;
(5) Any canine owned or harbored primarily or in part for the purpose of fighting with animals.
(6) It shall be prima facie evidence that a canine is vicious if the animal bites a human being or domestic animal more than once in the same attack.
(7) Exceptions. A canine 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;
3. Any person that has illegally entered or is trespassing on the canine owner’s property in violation of KRS 511.060 through 511.090; or
4. Any person who has been invited or entered the canine owner’s property for legal reasons;
(b) It is otherwise acting in defense of any attack from a person or other animal upon its owner or another person;
(c) It is protecting or defending its young or the young of any other animal; or
(d) Its breed or assumed/known component of its breed.
WILD ANIMAL. Any species of animal not normally domesticated by human beings, including but not limited to ail bears, lions, tigers, cougars, leopards, coyote, wolves, hybrid wolves, wolverines, badgers elephants and rhinoceros.
(Ord. passed 6-16-2015)