Loading...
§ 90.07 WILD AND EXOTIC ANIMALS.
   It shall be unlawful to sell, own, harbor or keep as a pet, a wild or exotic animal, not indigenous to the United States, unless the animal has been approved for sale or retention by appropriate state and federal governmental agencies and any required permits have been obtained.
(Ord. passed 6-16-2015) Penalty, see § 90.99
§ 90.08 HUMANE TREATMENT OF ANIMALS.
   (A)   It shall be unlawful to abandon any canine or livestock.
      (1)   In the event that a canine or livestock is found abandoned, such canine or livestock may be seized by an Animal Control Officer or peace officer, and impounded at the animal shelter or at an alternate location designated by the Director of Animal Care and Control. Such canine or livestock, if taken from private property shall be kept for not less than the prescribed period in accordance with the procedures set forth in KRS 258.215 or § 90.12 of this chapter, or for any longer period required by law, regulation, or medical necessity. In the event a canine or livestock is so abandoned, the owner or person, if any, who he/she has charged with the canine’s or livestock’s care, shall be subject to a criminal prosecution for any violation of this section.
      (2)   Any canine found not under restraint without a rabies vaccination tag or up to date with a county license, or any canine found in a condition that requires immediate veterinary care, shall be presumed to be abandoned, and shall be seized and held at the Jessamine County Animal Shelter for a five day period as prescribed in section § 90.03(D).
      (3)   Notice of seizure of an abandoned canine or livestock from private property shall be posted on the premises from which the canine or livestock was seized, which notice shall clearly state the agency name and telephone number for the animal shelter.
   (B)   The owner of any canine shall be required to provide adequate food, water, space, health care and shelter.
   (C)   The owner of any livestock shall be required to provide adequate food, water, space, and health care.
   (D)   The owner of any feline shall be required to provide adequate food, water, space and health care.
   (E)   It shall be unlawful for any person to inhumanely treat any canine or feline, including, but not limited to, the deprivation of necessities, beating, mutilating, torturing, killing, overloading, overworking, or otherwise abusing any canine or feline. Nothing herein shall prevent Animal Care and Control from humanely euthanizing any canine or feline to prevent the prolonged suffering of the canine or feline.
   (F)   Any canine which is chained, tied or otherwise restrained shall be provided no less than ten feet or chain or cable and the like with a swivel attached to prevent entanglement. The tether shall be secured to a fixed immobile point that allows freedom of movement while withstanding the force necessary to restrain the canine. Canines shall not be tethered by use of a training collar or on any collar too small for the size and age of the canine, or of such unreasonable weight as to prevent the canine from moving about freely. The chain or cable shall be attached to the canine using a collar constructed of nylon or leather. Canines shall only be tethered in an area that is free of objects which could become tangled in the tether.
   (G)   It shall be unlawful for any person to keep a canine or feline within the passenger compartment of an automobile without adequate ventilation in the summer or adequate warmth in the winter. No person shall enclose any canine or feline in the trunk of an automobile. An Animal Control Officer or Peace Officer has authority to enter such motor vehicle by any reasonable means under the circumstances after making a reasonable effort to locate the owner or other person responsible. No person shall use any automobile as a permanent shelter for canines or felines.
   (H)   It shall be unlawful for any person to stage, cause, instigate, permit, observe, or attend any dog-fight or other combat between canines or between canines and humans. Canines altered for fighting purposes and animals with scarring from previous fighting may be considered evidence of unlawful canine combat.
   (I)   It shall be unlawful for any person(s) to own, harbor, or be in possession of any canine fighting paraphernalia.
   (J)   It shall be unlawful for any person to set free any hare, rabbit, gerbil, domesticated rat, guineas pig, other pet rodent, snake, lizard, turtle, other pet reptile, or other animal for the purpose of violating any provision of this chapter.
   (K)   Any person, who as the operator of a motor vehicle, strikes a domestic animal, shall stop at once and render assistance as may be possible and shall immediately report such injury or death to the animal’s owner, if known, or to Animal Control or any Peace Officer.
   (L)   No person shall expose any toxic, poisonous or illegal substance, whether mixed with food or not, so that the same shall be likely to be eaten by a domestic animal.
   (M)   It shall be unlawful to place an animal in the open bed of a parked vehicle unrestrained.
   (N)   It shall be unlawful to allow canines to remain outdoors during extreme weather conditions. Canines, must be moved indoors or to an area that provides protection from the extreme weather condition.
   (O)   It shall be unlawful for any owner or handler that has direct visual control of a canine on or off leash to allow said animal to intimidate, harass or worry another canine that is on it’s own owner’s property.
(Ord. passed 6-16-2015) Penalty, see § 90.99
§ 90.09 ADOPTIONS AND MANDATORY SPAY/NEUTER.
   (A)   Prior to the adoption of any animal from the animal shelter an application must be completed by the person wishing to adopt the animal. The application is designed to determine the prospective owner’s ability to care for the animal. Any person wishing to adopt an animal who has been convicted of a violation of KRS 525.125, KRS 525.130, KRS 525.135, or § 90.08 of this chapter will not be qualified to adopt.
   (B)   Animal Care and Control are not obligated to sell or transfer possession of any animal in their custody.
   (C)   All canines and felines adopted from the animal shelter shall be surgically altered to prevent breeding.
   (D)   The fee for adoption of animals shall be set by the Jessamine County Fiscal Court.
(Ord. passed 6-16-2015) Penalty, see § 90.99
§ 90.10 MICROCHIPPING ANIMALS.
   (A)   All animals released from the county animal shelter whether by return to owner or adoption shall be implanted with a microchip prior to release. Canines released from the shelter by return to owner shall also be subject to the canine licensing fees outlined in § 90.04. A hound or other hunting dog which is impounded at the shelter as a result of the dog’s having become temporarily lost or having wandered from immediate control or sight of the owner or handler while engaged in hunting as established in KRS 258.215 will be exempt from the microchipping requirement of this section.
(Ord. passed 6-16-2015) Penalty, see § 90.99
§ 90.11 RABIES VACCINATIONS.
   (A)   All canines and felines, four months of age and older, shall be vaccinated for rabies and revaccinated for rabies at the expiration of the immunization period as certified by a veterinarian.
   (B)   Any canine or feline reclaimed or adopted from the animal shelter must have a valid rabies vaccination.
   (C)   Upon reclaiming an animal impounded at the animal shelter the owner shall show proof of a valid rabies vaccination. If proof of the vaccination can not be provided, the owner shall purchase a vaccination voucher from the animal shelter. The voucher shall be valid for ten days from the date of issuance and shall be used in the prescribed time period. The animal shelter shall reimburse the veterinarian for the amount of the voucher upon presentation to the shelter by the administering veterinarian as established by KRS 258.215.
(Ord. passed 6-16-2015) Penalty, see § 90.99
§ 90.12 LIVESTOCK RUNNING AT LARGE.
   (A)   It shall be unlawful for any person to permit any livestock owned or harbored by him or her, to run at large. When livestock are running at large, Animal Care and Control or a peace officer shall make reasonable efforts to notify the owner as soon as possible, if reasonably possible and feasible, the owner of the livestock shall be notified prior to the actual capture and impoundment of the livestock.
   (B)   If the owner of livestock that is running at large is unable to be located, Animal Care and Control or a peace officer shall have the power to impound the livestock and hold it at a location designated by the Director of Animal Care and Control. The livestock shall be held for a minimum of 15 days after being advertised in the local newspaper publication to give the owner sufficient time to claim the livestock. After impoundment the Director of Animal Care and Control shall advertise in the legal section of the local newspaper publication where and when the livestock was impounded. If after the 15 day period the owner of the livestock has not come forward to claim it, the livestock will become the property of the Jessamine County Fiscal Court and may be offered for adoption, sale or may be euthanized at the discretion of the Director of Animal Care and Control. If the owner of the livestock comes forward to claim such livestock the owner shall be responsible for paying a reasonable fee for transportation, board, administration, and medical attention during the impoundment.
(Ord. passed 6-16-2015) Penalty, see § 90.99
§ 90.99 PENALTY.
   (A)   Penalties for § 90.03 Restriction to Property of Owner. Any person failing to comply with the requirements of § 90.03 of this chapter shall upon conviction of a first offense be subject to a fine no less than $50 and no more than $100 in addition to any costs assessed by the District Court. Upon conviction of a second offense, an owner shall be subject to a fine no less than $100 and no more than $150 in addition to any costs assessed by District Court; Upon conviction of a third or other subsequent offense an owner shall be fined no less than $150 and no more than $200 in addition to any costs assessed by the District Court.
   (B)   Penalties for § 90.04 Canine Licensing. Any person failing to comply with the requirements of § 90.04 of this chapter shall upon conviction of a first offense be subject to a fine no less than $50 and no more than $100 in addition to any costs assessed by the District Court. Upon conviction of a second offense, an owner shall be subject to a fine no less than $100 and no more than $150 in addition to any costs assessed by District Court. Upon conviction of a third or other subsequent offense an owner shall be fined no less than $150 and no more than $200 in addition to any costs assessed by the District Court.
   (C)   Penalties for § 90.05 Harboring a Vicious Canine. Upon conviction under § 90.05 of this chapter relating to possession of a vicious canine, 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 shall order one or a combination of the following:
      (1)   That the following regulations be followed as a condition of the owner retaining the canine:
         (a)   Any canine determined to be vicious by a court and allowed to be returned to an owner shall be confined in a locked enclosure at least seven feet high or a locked kennel run with a secured top. The canine may leave the enclosure only to visit the veterinarian or to be turned in to an animal shelter. The canine shall be required to be muzzled if leaving the enclosure for either of these purposes per KRS 258.235(3);
         (b)   The enclosure shall be required to display a sign warning of the vicious canine and shall be visible from the public roadway or public access if applicable;
         (c)   The vicious canine shall be required to not be permitted outside of the dwelling of its owner or outside of the enclosure unless it is necessary to obtain veterinary care or to be turned in to an animal shelter. If the vicious canine must be allowed outside the permitted areas, it shall be required to 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;
         (d)   The owner or keeper of a vicious canine shall immediately notify Animal Control if the canine is loose, unconfined or has attacked an animal or human being; and
         (e)   Upon conviction of § 90.05 the courts may order that the canine be immediately surrendered to Animal Control to be euthanized.
      (2)   Upon a conviction of a second or subsequent offense under § 90.05 of this chapter relating to possession of a vicious canine, 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; and if the violation involves the same canine, Animal Control shall petition the District Court to have the animal immediately surrendered to Animal Control to be euthanized.
   (D)   Penalties for § 90.07 Wild and Exotic Animals. Any person violating any provision of § 90.07 of this chapter relating to wild and exotic animals shall on the first offense be fined not less than $100 nor more than $250, or up to 30 days in the county jail, or both; on a second or subsequent offense shall be fined not less than $350 nor more than $500, or up to 90 days in the county jail, or both. The owner of the animal may also be required to surrender the animal to Animal Care and Control.
   (E)   Penalties for § 90.08(A)(1) Humane Treatment of Animals. Any person violating any provision of § 90.08(A)(1) of this chapter relating to the humane treatment of animals shall on the first offense be fined not less than $200 nor more than $350, or up to 30 days in the county jail, or both; on a second or subsequent offense shall be fined not less than $350 nor more than $500, or up to 90 days in the county jail, or both. The owner of the animal may also be required to surrender the animal to Animal Care and Control.
   (F)   Penalties for § 90.08(B) Humane Treatment of Animals. Any person violating any provision of § 90.08(B) of this chapter relating to the humane treatment of animals shall on the first offense be fined not less than $200 nor more than $350, or up to 30 days in the county jail, or both; on a second or subsequent offense shall be fined not less than $350 nor more than $500, or up to 90 days in the county jail, or both. If convicted of the offense the owner of the animal may also be required to surrender the animal to Animal Care and Control.
   (G)   Penalties for § 90.08(C) Humane Treatment of Animals. Any person violating any provision of § 90.08(C) of this chapter relating to the humane treatment of animals shall on the first offense be fined not less than $200 nor more than $350, or up to 30 days in the county jail, or both; on a second or subsequent offense shall be fined not less than $350 nor more than $500, or up to 90 days in the county jail, or both. If convicted of the offense the owner of the animal may also be required to surrender the animal to Animal Care and Control.
   (H)   Penalties for § 90.08(D) Humane Treatment of Animals. Any person violating any provision of § 90.08(D) of this chapter relating to the humane treatment of animals shall on the first offense be fined not less than $200 nor more than $350, or up to 30 days in the county jail, or both; on a second or subsequent offense shall be fined not less than $350 nor more than $500, or up to 90 days in the county jail, or both. If convicted of the offense the owner of the animal may also be required to surrender the animal to Animal Care and Control.
   (I)   Penalties for § 90.08(E) Humane Treatment of Animals. Any person violating any provision of § 90.08(E) of this chapter relating to the humane treatment of animals shall on the first offense be fined not less than $200 nor more than $350, or up to 30 days in the county jail, or both; on a second or subsequent offense shall be fined not less than $350 nor more than $500, or up to 90 days in the county jail, or both, if convicted of the offense the owner of the animal may also be required to surrender the animal to Animal Care and Control.
   (J)   Penalties for § 90.08(F) Humane Treatment of Animals. Any person violating any provision of § 90.08(F) of this chapter relating to the humane treatment of anima/s shall on the first offense be fined not less than $ 100 nor more than $250, or up to 30 days in the county jail, or both; on a second or subsequent offense shall be fined not less than $250 nor more than $350, or up to 90 days in the county jail, or both. If convicted of the offense the owner of the animal may also be required to surrender the animal to Animal Care and Control.
   (K)   Penalties for § 90.08(G) Humane Treatment of Animals. Any person violating any provision of § 90.08(G) of this chapter relating to the humane treatment of animals shall on the first offense be fined not less than $100 nor more than $250, or up. To 30 days in the county jail, or both; on a second or subsequent offense shall be fined not less than $250 nor more than $350, or up to 90 days in the county jail, or both. If convicted of the offense the owner of the animal may also be required to surrender the animal to Animal Care and Control.
   (L)   Penalties for § 90.08(H) Humane Treatment of Animals. Any person violating any provision of § 90.08(H) of this chapter relating to the humane treatment of animals shall on the first offense be fined not less than $250 nor more than $350, or up to 30 days in the county jail, or both; on a second or subsequent offense shall be fined not less than $350 nor more than $500, or up to 90 days in the county jail, or both. If convicted of the offense the owner of the animal may also be required to surrender the animal to Animal Care and Control.
   (M)   Penalties for § 90.08(I) Humane Treatment of Animals. Any person violating any provision of § 90.08(I) of this chapter relating to the humane treatment of animals shall on the first offense be fined not less than $250 nor more than $350, or up to 30 days in the county jail, or both; on a second or subsequent offense shall be fined not less than $350 nor more than $500, or up to 90 days in the county jail, or both. If convicted of the offense the owner of the animal may also be required to surrender the animal to Animal Care and Control
   (N)   Penalties for § 90.08(J) Humane Treatment of Animals. Any person violating any provision of 90.08 (J) of this chapter relating to the humane treatment of animals shall on the first offense be fined not less than $25 nor more than $50; on a second or subsequent offense shall be fined not less than $50 nor more than $100.
   (O)   Penalties for § 90.08(K) Humane Treatment of Animals. Any person violating any provision of § 90.08(K) of this chapter relating to the humane treatment of animals may be fined not less than $150 nor more than $200.
   (P)   Penalties for § 90.08(L) Humane Treatment of Animals. Any person violating any provision of § 90.08(L) of this chapter relating to the humane treatment of animals shall be fined not less than $250 nor more than s350 or up to 30 days in the county jail, or both.
   (Q)   Penalties for § 90.08(M) Humane Treatment of Animals. Any person violating any provision of § 90.08(M) of this chapter relating to the humane treatment of animals shall be fined not less than $50 nor more than $100.
   (R)   Penalties for § 90.08(N) Humane Treatment of Animals. Any person violating any provision of § 90.08(N) of this chapter relating to the humane treatment of animals shall on the first offense be fined not less $250 nor more than $350, or up to 30 days in the county jail, or both; on a second or subsequent offense shall be fined not less than $350 nor more than $500, or up to 90 days in the county jail, or both. If convicted of the offense the owner of the animal may also be required to surrender the animal to Animal Care and Control.
   (S)   Penalties for § 90.08(O) Humane Treatment of Animals. Any person violating any provision of § 90.08(O) of this chapter relating to the humane treatment of animals shall on the first offense be fined not less $25 nor more than $50; on a second or subsequent offense shall be fined not less than $50 nor more than $100.
   (T)   Penalties for § 90.09(C). Any person failing to comply with the mandatory spay/neuter adoption requirements of § 90.09 of this chapter shall either show the court proof from a licensed veterinarian that
the surgical procedure has been performed or shall be ordered by the court to surrender the animal to Animal Care and Control without a refund of adoption fees, and be fined a sum not less than $100 nor more than $150.
   (U)   Penalties for § 90.10. Any person failing to comply with the mandatory micro chipping adoption and return to owner requirements of § 90.10 of this chapter shall either show the court proof from a licensed veterinarian that the surgical procedure has been performed or shall be ordered by the court to surrender the animal to Animal Care and Control without a refund of adoption fees, and shall be fined a sum not less than $100 nor more than $150.
   (V)   Penalties for 90.11. Any person failing to comply with the vaccination requirements of § 90.11 shall on a first offense be fined not less than $50 nor more than $100; on a second or subsequent offense shall be fined not less than $100 nor more than $200.
   (W)   Penalties for § 90.12. Any livestock owner who violates § 90.12 of this chapter shall on the first offense be issued a warning or citation and shall be required to reimburse the county for all reasonable expenses incurred in capturing, impounding, boarding, and providing necessary medical services to the livestock. On second or subsequent offense, the owner shall be fined not less than $50 or no more than $500, and the owner shall be required reimburse the county for all reasonable expenses incurred in capturing, impounding, boarding, and providing necessary medical services to the livestock. Each day that a violation continues shall constitute a separate offense.
(Ord. passed 6-16-2015)