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(A) The Council finds it to be in the public interest, and the Director is hereby authorized to enter into joint agreements with animal control and animal welfare organizations for the purpose of planning, promoting, and conducting education and training programs for the purpose of:
(1) Educating the public as to responsible and lawful animal ownership and management; and
(2) Raising the level of compliance with the provisions of this chapter.
(B) The Director is authorized to expend public funds for this purpose, provided that all such expenditures shall be made in accordance with all metro ordinances, policies, and procedures relating to contracts and expenditures.
(C) The Director may, in his/her discretion, apply to District Court, or to the Code Enforcement Board, to reduce or abate any fine or civil penalty which could otherwise be imposed under § 91.999 upon condition(s) that the violator(s) attend and satisfactorily complete an education or training course established under this section.
(Lou. Metro Ord. No. 233-2006, approved 1-4-2007; Lou. Metro Am. Ord. No. 290-2007, approved 12-20-2007)
IMPOUNDMENT
(A) Unrestrained animals, excluding community cats, shall be taken by the Animal Control Officer, peace officer, or may be turned in by any citizen, impounded in the animal shelter and there confined in a humane manner. However, if after a reasonable effort the seizure of any such unrestrained animal cannot be made or should the animal present a hazard to public safety or property or have an injury or physical condition which causes the animal to suffer, the Animal Control Officer or peace officer may immediately destroy the animal by the most reasonable and humane means then available.
(B) Impounded dogs, owned cats, or ferrets shall be kept for not less than five days (or any state-mandated holding period), unless reclaimed by their owners. All other domestic animals or owned wildlife shall be held for not less than three days unless reclaimed by their owner. If the owner can be identified by means of a license tag or otherwise, the impounding agency shall immediately notify the owner by the most expedient means available of the impoundment of the animal. Animals not reclaimed by their owners within the established time periods and those not placed in suitable new homes after such time, may be humanely euthanized by MAS. However, if an impounded animal has an injury or physical condition which causes the animal to suffer, MAS may immediately humanely euthanize the animal.
(C) Any dog which has been declared to be a dangerous dog, or a potentially dangerous dog by the Director and whose owner has not complied with all of the requirements of this chapter for owning or maintaining such a dog, shall be impounded.
(D) Any animal deliberately used to facilitate an act that is illegal under federal, state, or metro law shall be impounded.
(E) Any animal impounded under subsections (C) and/or (D) shall not be released, except upon terms and conditions imposed by the Director that are in the interest of public safety and welfare.
(F) A licensed or registered animal which is found by an ACO loose and not under restraint but wearing its required tags which, and which does not otherwise meet any of the other definitions of an at-risk dog, may be returned to its owner by the ACO with a warning that the animal is in violation, that must be confined or restrained in accordance with this chapter, and that a further violation may result in impoundment, a citation, or a fine or civil penalty.
(G) A licensed or registered animal which is found for the second time by an ACO loose and not under restraint, but wearing its required tags, shall be impounded and the owner cited under the provisions of this chapter.
(H) An unlicensed animal whose owner has previously been notified or cited by MAS for failing to license such animal may be impounded if the animal is found to be unlicensed a second time by MAS.
(1994 Jeff. Code, § 91.035) (Jeff. Ord. 17-1990, adopted and effective 12-19-1990; Jeff. Am.Ord. 46-1996, adopted and effective 12-10-1996; Jeff. Am. Ord. 24-2000, adopted and effective 10-10-2000; Lou. Metro Am. Ord. No. 97-2003, approved 5-16-2003; Lou. Metro Am. Ord. No. 233-2006, approved 1-4-2007; Lou. Metro Am. Ord. No. 290-2007, approved 12-20-2007; Lou. Metro Am. Ord. No. 79-2012, approved 4-30-12)
Penalty, see § 91.999
(A) Every owner reclaiming an impounded animal which is subject to the terms of this chapter shall pay all redemption fees. Said fees shall be paid to MAS.
(B) Any dog or cat which is impounded under this chapter shall not be reclaimed unless the animal has a microchip inserted either by MAS or by a veterinarian in accordance with standards and specifications promulgated by the Director. If a microchip is inserted by the MAS the owner shall pay all fees specified under § 91.009, and all penalties and fines under § 91.999, of this chapter.
(C) Proof of vaccination against rabies and distemper, hepatitis, parainfluenza, parvovirus (DHPP) for dogs or against rabies and rhinotracheitis, calici, panleukopenia (FVRCP) for cats, or sufficient antibody titers for these diseases and an annual parasitic examination for internal parasites in the past 12 months, and a current license shall be required before any dog or cat is released. If no proof of vaccinations, parasite exam, or current license is shown, a rabies vaccination and/or parasite exam voucher(s) and/or license must be purchased before the animal is released. All vaccination/parasite exams must be administered to the animal within the prescribed time printed on the voucher(s). The administration of vaccinations may be deferred by the veterinarian at his or her discretion based upon his or her assessment of need or the health of the animal.
(D) Any unaltered dog or cat which is not licensed as required under this chapter, and which is impounded for any reason after the effective date of this chapter shall not be reclaimed by an owner unless the dog or cat is spayed or neutered by or at the direction of MAS. A dog or cat shall not be spayed or neutered pursuant to this subsection (D) if a veterinarian licensed by the Commonwealth of Kentucky sets forth in writing that such dog may not be spayed or neutered due to medical reasons. Nothing in this section shall preclude a determination pursuant to § 91.150 that a dog is a potentially dangerous dog or dangerous dog.
(E) Dogs and cats impounded for violation of the restraint requirements which are wearing a valid dog license or Metro Government cat license may be redeemed for one-half the redemption and daily board fees. This does not include animals impounded for humane treatment, a potentially dangerous dog, a dangerous dog or by quarantine.
(F) Any owner or person responsible for any animal(s) impounded under this chapter and charged with a violation thereof, upon conviction, shall pay, in addition to the regular redemption and board fees, all veterinary fees and any associated charges incidental to maintaining the animal(s) up to the date of conviction. These fees shall be payable even if the animal(s) is not redeemed or if custody is awarded to the Metro Government.
(G) Any owner or person responsible for any animal(s) impounded under this chapter and charged with a violation thereof shall, upon a second conviction within a five-year period, be prohibited from owning, maintaining, or keeping any animal for a period of two years from the date of the second conviction.
(H) The Director may, prior to release of an impounded animal, require that the animal’s owner attend and satisfactorily complete an education or training course established under this section.
(1994 Jeff. Code, §91.036) (Jeff. Ord. 17-1990, adopted and effective 12-19-1990; Jeff. Am.Ord. 46-1996, adopted and effective 12-10-1996; Lou. Metro Am. Ord. No. 97-2003, approved 5-16-2003; Lou. Metro Am. Ord. No. 233-2006, approved 1-4-2007; Lou. Metro Am. Ord. No. 60-2007, approved 4-9-2007; Lou. Metro Am. Ord. No. 290-2007, approved 12-20-2007) Penalty, see § 91.999
(A) Any dog, cat or ferret which has bitten a human being shall be quarantined for ten days from the time the bite occurs. Any owner who fails to properly quarantine his/her animal is subject to citation for violation of this section, and the animal shall be impounded by MAS for the remainder of its quarantine period. The owner shall be responsible for all fees during the quarantine period and any stay at MAS facilities in connection with a quarantine.
(B) An animal whose owner is unavailable or incapable of quarantining the animal, shall be impounded by the MAS and quarantined at MAS facilities for the prescribed period.
(C) Any animal quarantined at any location which does not have a microchip implanted, shall have a microchip implanted by MAS at the expense of the animal’s owner.
(D) Any horse on the facility or property owned, leased or otherwise operated by a person or entity licensed and regulated by the Kentucky Horse Racing Authority under KRS Chapter 230, which has been approved pursuant to KRS 230.300 as part of the licensed person’s or entity’s place, track or enclosure for conducting horse race meetings, or which has been approved pursuant to KRS 230.380 to simulcast horse racing and conduct pari-mutuel wagering shall be exempt from this section, but shall instead be regulated by KRS 258.065 and KRS 258.085.
(E) All animals, other than dogs, cats, or ferrets, shall be regulated in accordance with KRS 258.085.
(1994 Jeff. Code, §91.037) (Jeff. Ord. 17-1990, adopted and effective 12-19-1990; Lou. Metro Am. Ord. No. 97-2003, approved 5-16-2003; Lou. Metro Am. Ord. No. 233-2006, approved 1-4-2007; Lou. Metro Am. Ord. No. 60-2007, approved 4-9-2007; Lou. Metro Am. Ord. No. 290-2007, approved 12-20-2007; Lou. Metro Am. Ord. No. 151-2011, approved 7-29-2011)
Penalty, see § 91.999
(A) In addition to, or in lieu of impounding an animal for any violation of this chapter, any Animal Control Officer, peace officer may issue a citation to the owner of such animal specifying the section or sections of this chapter so violated and identifying the specific nature of the violation. Such citation shall impose upon the owner the obligation of appearance to answer the charges specified in the citation in the Jefferson County District Court at the time and place indicated on the citation.
(B) Where violations of this chapter are observed, any Animal Control Officer or peace officer may issue a violation notice in lieu of a uniform citation. The violation notice will stipulate a compliance date and associated fee and late fee, as well as a waiver provision providing that the person to whom the violation notice is issued waives all rights to protest such violation and waives all rights to a hearing on the issues relating to that violation. All associated fees and late fees shall be paid to MAS. Failure to pay associated fees and/or late fees and failure to waive rights by the compliance date may result in the issuance of a uniform citation.
(C) Where an Animal Control Officer observes a violation of the humane treatment provisions of this chapter which pertain to veterinary care or grooming or license or vaccination requirements on newly acquired animals, the officer may issue a warning citation in lieu of a uniform citation, stipulating a time by which veterinary treatment, grooming, vaccination, or licensing must be administered. If the owner does not comply with the terms of the warning citation by the specified time, a uniform citation may be issued.
(D) Where an Animal Control Officer observes a dog being kept on a chain or tether, in potential violation of the restraint definition in this chapter, the officer may notify the owner of the violation in person or by means of a notice placed at the entry to the property. If the owner does not correct the situation or notify MAS within one hour of the placement of such notice that the dog has been removed from the chain or tether, the dog may be removed and the owner issued a violation notice or uniform citation for violation of the restraint requirement.
(E) Any owner of a dog or cat who is cited and convicted in a court of law or pleads guilty in a court of law to a restraint violation of this chapter on two occasions within a 12-month period or whose animal is impounded twice within a 12-month period for a restraint violation of this chapter, or a combination of two separate incidents of citation and impoundment within a 12-month period, shall have the animal spayed or neutered within seven days of the conviction or plea. Verification from the veterinarian performing the surgery shall be provided to MAS in writing within seven days of the surgery.
(F) Where an Animal Control Officer or any other peace officer has not witnessed a violation of this chapter, and upon the request of a complainant who has witnessed a violation, the officer shall take a sworn written statement from the complainant as to the circumstances of the violation, and shall file the complaint with the District Court in accordance with the rules and procedures of that court.
(G) The Director shall work with the County Attorney and the Commonwealth’s Attorney to facilitate joint prosecutions in the Circuit Court pursuant to KRS 24A.110 in cases involving death or serious injury arising from concurrent violations of both this chapter and the Kentucky Penal Code.
(H) The Director may waive fees issued in accordance with subsection (B), above, if the animal’s owner attends and satisfactorily completes an education or training course established under this chapter.
(1994 Jeff. Code, § 91.038) (Jeff. Ord. 17-1990, adopted and effective 12-19-1990; Jeff. Am.Ord. 46-1996, adopted and effective 12-10-1996; Jeff. Am. Ord. 24-2000, adopted and effective 10-10-2000; Lou. Metro Am. Ord. No. 97-2003, approved 5-16-2003; Lou. Metro Am. Ord. No. 186-2003, approved 10-10-2003; Lou. Metro Am. Ord. No. 233-2006, approved 1-4-2007; Lou. Metro Am. Ord. No. 290-2007, approved 12-20-2007)
Penalty, see § 91.999
(A) Citation to owner or to person or persons responsible. Except as otherwise provided in subsection (C) hereof, whenever an Animal Control Officer, based upon personal observation of investigation, has reasonable cause to believe that a person has committed a violation of this chapter, the Animal Control Officer is authorized to issue a citation to the offender in accordance with § 32.283.
(C) Notice to owner or to person or persons responsible. Whenever the Animal Control Officer determines that there has been a violation of this chapter, or has grounds to believe that a violation has occurred, in lieu of issuing a citation as set forth in § 91.073 or in subsection (A) hereof, notice may be given to the owner or person or persons responsible therefore in the manner prescribed in subsections (D) and (E) hereof. If the person to whom the notice is given fails or refuses to remedy the violation within the time specified in such notice, then the Animal Control Officer is authorized to issue a citation in accordance with subsection (A) hereof.
(D) Form. Such notice prescribed in subsection (C) shall be in accordance with all of the following:
(1) Be in writing;
(2) Include a statement of the violation or violations and why the notice is being issued;
(3) Inform the offender of the right to appeal;
(4) Include a statement that a determination of violation shall be final unless appealed in accordance with this chapter; and
(5) Include a statement of penalties provided for the violation(s).
(E) Service. Such citation or notice prescribed in subsection (A) or (C), respectively, shall be properly served on the owner or his or her agent or an occupant when responsible for the violation, as the case may require. When an occupant is served, the owner, if known, will be notified. A citation or notice is properly served if it is served personally, or if a copy is sent by certified mail or first-class mail to the last known address as recorded by the Jefferson County Property Valuation Administration, or if service is perfected in any other manner authorized under the laws of this Commonwealth. However, if the whereabouts of such person is unknown and cannot be ascertained by the Animal Control Officer or the officer’s authorized representative in the exercise of reasonable diligence, the citation or notice is properly served if copies of the citation or notice are posted in a conspicuous place on the premises affected.
(F) Violation penalties. Penalties for noncompliance with citations, orders and notices shall be as set forth in § 91.999(B).
(G) Appeals. Penalties may be appealed within ten days of service under subsection (E), above, to the Code Enforcement Board under §§ 32.275 et seq.
(Lou. Metro Ord. No. 233-2006, approved 1-4-2007; Lou. Metro Am. Ord. No. 290-2007, approved 12-20-2007)
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