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For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ENCLOSURE. Includes any and all fields, farms, lots or other area of land which is completely surrounded by any fence or structure to which entry can only be made by way of a gate or door.
LIVESTOCK. Includes all domesticated animals that are normally raised or kept on farm property whether they are raised for profit or otherwise, and shall include, but not be limited to, horses, pigs, sheep, goats, donkeys and mules; however, this definition shall not include dogs, cats or cattle.
STRAY LIVESTOCK. Any animal for which the owner is no longer claiming ownership or for which the owner cannot be determined, and which is included in the definition of “livestock” herein.
(Ord. 03-04.12.11, passed 5-10-2011)
No person shall permit any livestock owned by him or her or under his or her control or in his or her custody to run at large. Livestock shall be kept in an enclosure on property owned by the owner of the livestock or on property for which the owner of the livestock has permission or an agreement to keep livestock on.
(Ord. 03-04.12.11, passed 5-10-2011) Penalty, see § 90.99
(A) The Sheriff or any other peace officer shall impound any livestock found running at large in the county or stray livestock, and the owner or bailee of the cattle shall pay to the officer impounding, for each head impounded, $1 and the cost of feeding and caring for the livestock, per head. The Sheriff may place the livestock so impounded with another person for purposes of feeding and caring for the livestock, and in such case the person holding the livestock for the Sheriff or at his or her direction or request shall be entitled to receive the fee set forth herein, plus the cost of feeding and caring for the livestock. The Sheriff or his or her agent shall have a lien on the impounded livestock for his or her fee and expenses in caring for the livestock.
(B) In the event that the owner of the livestock, or his or her agent, does not redeem the livestock by paying the fee imposed herein and the cost of feeding and caring for the livestock within 60 days subsequent to said livestock being impounded, the livestock shall be sold at a regular livestock auction. From the proceeds of the sale, the Sheriff or his or her agent shall receive his or her costs and fee with the balance being paid to the owner of the livestock. In the event the owner cannot be identified, the balance shall be paid to the County Fiscal Court for use in caring for abandoned or abused animals located within the county.
(Ord. 03-04.12.11, passed 5-10-2011)
DOGS RUNNING AT LARGE; PUBLIC NUISANCE; VICIOUS DOGS
For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
BULL MASTIFF. Any dog having the characteristics of the breed known by said name and having DNA of said breed, and includes English Mastiff and Neapolitan Mastiff.
CANE CORSO. Any dog having the characteristics of the breed known by said name and having DNA of said breed, and includes Italian Mastiff and Molosser.
CAUCASIAN OVCHARKA. Any dog having the characteristics of the breed known by said name and having DNA of said breed, and includes Caucasian Shepherd.
CHOW. Any dog having the characteristics of the breed known by said name and having DNA of said breed.
DOBERMAN PINCHER. Any dog having the characteristics of the breed known by said name and having DNA of said breed.
DOG. Any canine three months of age or older for which there exists a United States Department of Agriculture approved rabies vaccine.
(KRS 258.005(1)
DOG BREED. Any dog with the DNA of a specific type or lineage of dog recognized as a specific type of dog by the American Kennel Club or other group recognizing or certifying the DNA as a specific identifiable dog.
DOGO ARGENTINO. Any dog having the characteristics of the breed known by said name and having DNA of said breed, and includes Argentine Mastiff.
EUTHANASIA. The act of putting an animal to death in a humane manner by methods specified as acceptable for that species by the most recent report of the American Veterinary Medical Association Panel on Euthanasia, subject to the requirements provided by KRS 258.505 and KRS 258.095(12).
GULL DONG. Any dog having the characteristics of the breed known by said name and having DNA of said breed, and includes Bully Kutter and Aluga Mastiff.
LARGE DOG. Any dog, without regard to the breed of said dog, weighing more than 80 pounds.
OWNER. When applied to the proprietorship of a dog, includes every person having a right of property in the dog and every person who keeps or harbors the dog, or has it in his or her care, or permits it to remain on or about premises owned or occupied by him or her.
(KRS 258.095(5)).
PERRO DE PRESA CANARIO. Any dog having the characteristics of the breed known by said name and having DNA of said breed, and includes Dogo Canario.
PITT BULL. Any dog having the characteristics of the breed known by said name and having DNA of said breed, and includes American pit bull terrier, Staffordshire terrier and Bull terrier.
POSSESSOR. Any person having physical custody of a dog or any person controlling the movement of a dog by use or means of a cage or pen or other enclosure or by means of chain or leash or other “tie down.”
ROTTWEILER. Any dog having the characteristics of the breed known by said name and having DNA of said breed.
TOSA INU. Any dog having the characteristics of the breed known by said name and having DNA of said breed, and includes Tosa Ken and Japanese mastiff.
VICIOUS DOG. Any dog any individual dog declared by a court to be a vicious dog (KRS 258.095(7)).
WOLF HYBRID. Any dog having the characteristics of the breed known by said name and having DNA of said breed.
(Ord. 2.23.16, passed 2-23-2016)
(A) All dogs which are classified into one of the breeds specifically listed in division (D) below, or which is a large dog as defined herein, shall be licensed and said license shall include the name, address and phone number of the owner.
(B) All dogs required to be licensed by the terms of this subchapter shall also have an identity “chip” installed, and the cost of the “chip” shall be paid by the county from the fee collected for the license.
(C) Any transfer of ownership of the dog shall be reported to the County Animal Shelter within three business days of the transfer.
(D) Any animal required to have a “chip” which is found in the county and which does not have the “chip” shall be taken into the custody of the County Animal Shelter, and prior to the release of said dog, a “chip” shall be installed, and the dog shall be spayed or neutered, and the cost of all such procedures shall be the responsibility of the person seeking the release of the dog from the animal shelter.
(E) The owners of all dogs required to be fitted with an identity “chip” at the time of adoption of this subchapter shall have 90 days to come into compliance. After this 90-day grace period has passed, all dogs subject to this subchapter shall be dealt with pursuant to § 90.15(D) without exception.
(F) Any dog declared “vicious” shall be subject to this subchapter and shall be fitted with an identity “chip” within seven days of the determination that said dog is “vicious”, or surrendered to the County Animal Shelter. This section shall apply without regard to the breed or size of the dog which has been declared vicious.
(Ord. 2.23.16, passed 2-23-2016)
(A) All entities owning or possessing three or more of the dogs set forth in § 90.15 shall have a kennel license and shall specify the color, age, sex and type of dog possessed or owned. The license shall include the name, address and phone number of the kennel.
(B) If a person owns or possesses three large dogs as defined herein, but said dogs are not kept for breeding purposes, then this section shall not apply.
(1) No kennel shall keep more than five dogs of the defined breeds listed in § 90.15, which are more than 13 weeks of age.
(2) Any kennel possessing dogs not owned by the kennel owner shall maintain a list of owners of the dogs so kept with current address and phone number for the owner of the dog.
(3) The owner of any kennel shall file with his or her application for a license, proof of liability insurance for any damage caused by dogs owned or possessed by the kennel owner with a minimum limit of liability of $200,000 per claim.
(Ord. 2.23.16, passed 2-23-2016)
(A) All persons owning or possessing a dog referenced in § 90.15 shall have said dog under their control at all times unless said dog is confined in a pen or other enclosure.
(B) If the person owning or possessing a dog specified in § 90.15 has only one of the dogs so specified and said dog is spayed or neutered and has the identity chip installed pursuant to the terms of this subchapter, then it shall not be required to have said dog confined when the owner or possessor is not in direct control of said dog.
(C) Any person who owns or possesses a dog specified in § 90.15 shall comply with divisions (A) and (B) above, or said person shall have a pen meeting the requirements of this section. Persons meeting all the requirements of this subchapter and owning or possessing a dog specified in § 90.15 may have a pen which does not meet these requirements.
(D) For any pen or enclosure required by this subchapter, the requirements shall be that the pen or enclosure be at least six feet in height, measured from the floor of the pen or enclosure. The floor of the pen or enclosure shall be made and comprised of an impervious material such as concrete or asphalt.
(1) All fences shall be constructed of “chain link” fence of at least nine gauge wire with a mesh of two inches or smaller.
(2) All posts for the fence shall be two and one-half inches outside diameter (OD) and at least 15 gauge material. There shall be a post at least every six feet in any fence line of more than six feet in length.
(3) All fence shall have a bottom rail and a top rail which shall be attached to the wire mesh at least every eight inches and shall be attached to the posts.
(4) All corners shall have double posts which shall be attached to each other at least every six inches. The connectors for such posts shall be of a type which has no open side whereby the post could be dislodged from the connecting material without a break or cut being made to the material. It is suggested that the posts be tied together with wire of at least nine gauge.
(5) Wooden fences are allowed, but all posts must be six-inch by six-inch square with connecting boards being two-inch by six-inch or larger and fencing material must be a minimum actual thickness of one inch or more. All wooden fences shall be constructed using screws. All posts must be connected to two other posts by at least three boards, with one at the top, middle and bottom of the fence facing. All post connecting boards shall be on the outside of the fence facing. The inner surface of the wooden fence shall be one continuous surface from the top to the bottom.
(6) The inside of a residence shall qualify as an acceptable pen or enclosure, so long as there are no “dog doors” whereby the dog may come and go from the inside of the residence without the knowledge of the owner or possessor. Also, if a residence is to be used and qualified as the pen or enclosure, there shall be window coverings of glass, wood or metal which are capable of deterring the dog from leaving the residence (window “screens” are not sufficient to qualify under this section). No second fence will be required if a residence is the qualifying pen or enclosure. No kennel may use a residence as its qualifying pen or enclosure.
(7) Any door permitting access to any pen shall have two mechanisms for locking the door, and at least one of said mechanisms shall be locked using a padlock or other similar lock, which requires a key or combination to unlock.
(8) In the event a pen is constructed which requires inspection prior to its use for holding dogs, the following shall be required, if the pen or enclosure fails inspection on at least two instances, or if there is a verified escape of a dog from the pen or enclosure (escape meaning leaving the pen or enclosure while not under the direct control of the owner or possessor of the dog) there shall be a second fence located not more than 24 inches or less than 12 inches from primary fence, and said “secondary” fence shall meet all the requirements of the “primary” fence.
(E) All dogs shall be kept on a leash or lead when not in a pen or other enclosure, and said dog shall be on a leash or lead of such quality to be rated for minimum weight of the dog to which it is attached.
(F) Any dog declared to be vicious by any court of competent jurisdiction shall be in a pen built to the same standards as the pens or enclosures required for kennels hereunder. In addition, any dog declared vicious shall have a “vicious” dog license issued whereby the authorities specified herein shall be granted the right of entry onto premises where the dog is located for purposes of inspecting the pen or enclosure.
(Ord. 2.23.16, passed 2-23-2016)
(A) The County Dog Warden or other employees of the County Fiscal Court whose designated work station is the County Animal Shelter and all law enforcement personnel having jurisdiction within the county shall have the power and authority to enter upon the premises of any person licensed to operate a kennel pursuant to this subchapter for purposes of inspecting the kennel and all pens located on the premises. The application for a kennel license pursuant to this subchapter shall be an explicit grant of authority for the limited entry for kennel inspections.
(B) Prior to the operation of a kennel pursuant to this subchapter, the owner or operator of said kennel shall apply for a license and allow an inspection by one of the persons specified in division (A) above.
(C) The persons specified in division (A) above shall have the power to require modifications to the pens to meet the minimum standards required hereunder.
(D) No dogs shall occupy any pen prior to the approval of one of the officials designated in division (A) above, and no conditional approval may be granted by any of the officials specified herein.
(E) There shall be a fee of $250 per year for any kennel license issued pursuant to this subchapter, which shall be paid to the County Fiscal Court. In addition, any kennel which does not pass inspection shall be assessed a $50 fee for each and every follow up inspection which is necessary to confirm that the required modifications have been made to the pens.
(F) All licenses issued pursuant to this subchapter shall have a fee of $25 for individual dogs, except a license for any dog declared vicious shall have a fee of $100. All licenses shall be valid for one year from the date of issuance.
(G) Any pen erected or installed pursuant to § 90.19(C) shall be subject to the inspection provisions for a pen installed pursuant to the provisions of this subchapter.
(Ord. 2.23.16, passed 2-23-2016)
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