(A) This section shall not apply to Community Cats as defined in § 91.001.
(B) No owner shall fail to provide his/her animal with humane care and treatment including but not limited to providing such animal with good wholesome food and water, proper shelter and protection from the weather, and veterinary care when needed to prevent suffering.
(C) Shelter:
(1) Any owner of an animal shall maintain an uncrowded, clean, dry, and healthful shelter and living area for such animal, which area shall be free of accumulated waste and debris so that the animal shall be free to walk or lie down without coming in contact with any such waste or debris.
(2) All such shelters or living areas must be cleaned and maintained regularly so as to promote proper health and sanitary conditions for the animals being kept.
(3) In addition, all outdoor shelters for animals, other than livestock, shall meet the following requirements:
(a) Constructed to protect the animal from precipitation and made of a material which provides insulation from temperature extremes.
(b) Include moisture proof and windproof structure with four walls and a roof and floor.
(c) Of sound construction so as to prevent the sagging or collapsing of any floor, wall, or roof.
(d) Constructed and maintained to promote drainage of rainwater to prevent the accumulation of mud and/or water near the shelter. The animal shall not have to come into contact with standing water within the shelter and such water shall not prevent the entry or exit of the shelter.
(e) Floored with a moisture proof material or augmented with resting boards raised at least two inches from the ground. The floor of the structure shall not be the ground nor made of wire.
(f) Ensure availability of sustained access to clean, fresh water by either preventing freezing or frequent replacement.
(g) Of a sufficient size to allow the animal adequate freedom of movement to make normal postural adjustments, including the ability to stand up, turn around and lie down with its limbs outstretched.
(h) In addition to the shelter, provide a shaded area for protection from the direct rays of the sun by trees, awnings, a tarp, or other structure.
(D) Special provisions for inclement weather. In addition to ordinary shelter requirements, during inclement weather (prolonged severe heat, cold or other weather conditions), every dog or cat owner shall, considering the specific dog's or cat's size, age, physical condition, and thickness of the dog's or cat's hair or fur, to protect the dog or cat from hypothermia, hyperthermia, frostbite, any other injury, suffering, or death, take the following measures:
(1) Augment outdoor shelter as follows:
(a) During severe cold:
1. If not creating an obstacle to usage, provide outside shelter with a windbreak at the entrance.
2. Provide shelter with sufficient insulating bedding materials of a type, such as straw or hay, that does not retain moisture and of a depth ensuring retention of the dog's or cat's body heat.
(b) During severe heat:
1. Free flowing or circulating fresh air must be available in the living space of the animal.
(2) When weather conditions are so extreme so as no objectively reasonable person would consider it safe for a dog or cat to be outdoors, subsection (D)(1) shall not apply and any owner or person responsible for the dog or cat shall be required to place the dog or cat into a temperature-controlled facility, which maintains a reasonable temperature inside the building, such as a home or garage, when such shelter is available.
(E) A law enforcement or animal control officer may take custody of an animal if that law enforcement or animal control officer has probable cause to believe that the owner has failed to provide the standards of a proper outdoor shelter set forth by this chapter and when there is an objectively reasonable belief that an emergency exists in that an animal is in imminent danger of physical injury or death.
(F) Upon taking custody of the animal under this subsection, the law enforcement or animal control officer shall attempt to contact the owner of the animal and the animal shall be taken by the law enforcement or animal control officer to Louisville Metro Animal Services, or whatever animal hospital is currently contracted with Louisville Metro Government to provide veterinary services.
(G) Notice of seizure of an animal from private property shall be posted on the premises from which the animal was seized which notice shall clearly state the address and telephone number of the MAS facility to which the animal was taken.
(H) Upon a finding of any violation of this section, any animal(s) seized pursuant to the provisions of this section that have not been voluntarily surrendered by the owner or custodian or forfeited pursuant to court order may be returned to the owner or custodian only upon the agreement of Louisville Metro Animal Services that the safety of the animal is assured and proof that appropriate shelter as required by this section is being provided.
(I) The Director of Louisville Metro Animal Services may promulgate regulations implementing this section which are not inconsistent with any of the provisions of this chapter.
(1994 Jeff. Code, § 91.050) (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. 290- 2007, approved 12-20-2007; Lou. Metro Am. Ord. No. 86-2021, approved 7-8-2021)
Penalty, see § 91.999