(a) A "vicious" dog is defined to include:
(1) Any dog owned or harbored primarily or in part for purposes of fighting, or any dog trained for fighting;
(2) Any dog that has bitten a human being or animal, excluding wildlife, without provocation; or
(3) Any dog declared by a court to be a vicious dog.
(b) Any Lexington-Fayette County animal control officer may immediately take temporary possession of any dog that he or she has probable cause to believe has bitten a human being or domestic animal without provocation, and may cause the dog to be held at the Lexington-Fayette County animal shelter for no longer than ten (10) days, after which time the dog shall be returned to its owner if no civil or criminal complaint seeking to have the dog declared vicious has been filed in a court of competent jurisdiction. If a civil or criminal complaint seeking to have the dog declared vicious has been filed in a court of competent jurisdiction, the urban county animal control officer may retain temporary possession of the dog until the court enters a final determination that the dog is or is not vicious under KRS 258.235 or LFUCG Code of Ordinances Section 4-14, or until the court otherwise orders the dog released to its owner. The owner of any dog held under this section shall be liable to the urban county animal control officer for a boarding charge of ten dollars ($10.00) per day, including the first and last day of impoundment. The urban county animal control officer may withhold release of the dog until all boarding charges incurred by the dog's impoundment hereunder have been paid in full. Any owner of a dog held hereunder that fails to take possession of the dog within five (5) days of being notified that the owner may reclaim possession shall forfeit ownership of the dog to the urban county animal control officer, who may dispose of the dog in any humane manner permitted by law.
(c) Vicious dog kenneling requirements.
(1) It shall be unlawful for any person to keep or harbor within Lexington-Fayette County a dog declared vicious by a court of competent jurisdiction unless it is at all times kept on the owner's or harborer's property securely confined indoors or in a securely enclosed and locked outdoor pen or shelter suitable to prevent the entry of young children and designed to prevent the dog from escaping. Such pen or structure must have minimum dimensions of five (5) feet by ten (10) feet, must have secure sides and must be at least seven (7) feet high and have a secure top. If it has no concrete, cement or asphalt bottom, the sides must be imbedded into the ground no less than two (2) feet. The enclosure must also satisfy the care and treatment standards of Section 4-2 of the LFUCG Code of Ordinances. A vicious dog shall be transported to or from the indoors and the securely enclosed and locked outdoor pen or shelter only if such dog is muzzled and restrained by a suitable chain or leash not exceeding six (6) feet in length and under the control of a responsible adult. The muzzle must be made in a manner that it will not cause injury to the dog or interfere with its vision or respiration but will prevent the dog from biting any person or animal.
(2) Any Lexington-Fayette County animal control officer that witnesses a vicious dog being housed or harbored in violation of the kenneling requirements for vicious dogs contained herein and in KRS 258.235 may immediately take temporary possession of the dog and may cause the dog to be held at the Lexington-Fayette County animal shelter. Before taking temporary possession of the dog hereunder, or as soon thereafter as reasonably possible, the urban county animal control officer shall issue a citation to, or cause charges to be filed against, the dog's owner or harborer for violation of state or local kenneling requirements for vicious dogs. The urban county animal control officer may hold the dog until the complaint against the owner or harborer has been resolved by the court. The owner or harborer of any dog held under this subsection shall be liable to the urban county animal control officer for a boarding charge of ten dollars ($10.00) per day, including the first and last day of impoundment. The urban county animal control officer may withhold release of the dog until all boarding charges incurred by the dog's impoundment hereunder have been paid in full. Any owner or harborer of a dog held hereunder that fails to take possession of the dog within five (5) days of being notified that the owner may reclaim possession shall forfeit ownership of the dog to the urban county animal control officer, who may dispose of the dog in any humane manner permitted by law.
(d) Vicious dogs shall be permitted off the owner's or harborer's property only if such dogs are muzzled and restrained by a substantial chain or leash not exceeding six (6) feet in length and under the control of a responsible adult and only for the purposes authorized by KRS 258.235. The muzzle must be made in a manner that will not cause injury to the dog or interfere with its vision or respiration but must prevent the dog from biting any person or animal.
(e) When any dog is required by this section to be confined, it shall also be required that a conspicuous notice be posted at the place of confinement of such a nature as to warn the public of the nature of the dog therein confined.
(f) No person under the age of eighteen (18) years shall be permitted to own, harbor or handle a vicious dog.
(g) The urban county animal control officer shall maintain a photographic registry of all dogs in Lexington-Fayette County that have been declared vicious by a court of competent jurisdiction, which registry shall contain the following information for each dog:
(1) The legal name, date of birth, and permanent address of the dog's owner;
(2) The address for each location at which the dog is regularly kept;
(3) A list of all vaccinations the dog has received;
(4) The dog's microchip identification information;
(h) The owner of any dog declared vicious by a court of competent jurisdiction shall thereafter have thirty (30) days to comply with the following provisions:
(1) The owner shall ensure that the dog is spayed or neutered;
(2) The owner shall present the dog to the urban county animal control officer so that it may be tagged with a microchip identifier if not already tagged and added to the photographic registry of vicious dogs in Lexington-Fayette County established in subsection (h) of this section;
(3) Should any of the information provided to the urban county animal control officer for the photographic registry of vicious dogs in Lexington Fayette County become inaccurate in any way, the owner shall contact the urban county animal control officer within ten (10) days thereof to provide updated information. The urban county animal control officer may require owners to provide reasonable verification of all information to be included in the photographic registry of vicious dogs in Lexington-Fayette County.
(i) The urban county animal control officer may charge a reasonable fee for spaying or neutering a vicious dog and for tagging a vicious dog with a microchip identifier as required in subsection (h) of this section.
(j) Any person violating any of the provisions of this section shall be fined not less than two hundred dollars ($200.00) nor more than five hundred dollars ($500.00) for each offense.