(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