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(A) Any animal found involved in a violation of any portion of this section may be seized by any Animal Control Officer or any peace officer and held by MAS in a humane manner.
(B) Upon a hearing before a district court judge, and that judge finding probable cause for the charge, the court shall order the animal to be held or continue to be held by Metro Government and shall further order the owner, within 24 hours of such finding, to post a cash bond with the court equal to the cost of care of the animal(s), including all estimated boarding and veterinary fees in the amount of $450 ($15 per day) plus all other fees, fines, and penalties imposed under this chapter for each animal, for the first 30 days of its impoundment. During the pendency of court proceedings involving charges against the owner of a victimized animal, an animal which is being held by Metro Government under this subsection (B) shall not be transferred out of the custody of MAS, nor destroyed except for humane reasons upon certification by a veterinarian that destruction is necessary.
(1) Upon a plea or finding of guilt, the cash bond shall be immediately paid to MAS. Upon final dismissal of the charge against the owner within 30 days of the bond being posted pursuant to subsection (B), above, the owner shall be refunded any daily fee for the days the animal was not actually held by MAS. The owner shall also be responsible to pay all costs of care from the date of the impoundment until the time of the first hearing and the posting of the initial bond, as well as any other associated expenses not covered by the daily boarding fee(s). Any portion of the posted bond that has not been encumbered by daily costs at the time of the pleas or finding of guilt shall be returned to the owner. Upon conviction, all animals being held by MAS pursuant to subsection (B) herein above shall become the property of the Metro Government.
(2) Upon final dismissal of the charge against the owner, the owner shall reclaim the animal within 45 days of the dismissal or the animal shall be forfeited to MAS.
(3) An owner who is liable for fees or expenses pursuant to subsections (B) and (B)(1), above, may apply to the MAS Director for a full or partial abatement of such fees and expenses on the grounds of financial inability to pay, or other compelling circumstances which in the judgment of the MAS Director would be reasonable and just. The application shall be in writing and the MAS Director's decision shall be in writing. A denial by the MAS Director of an application may be appealed to the Director of the Metro Department of Public Safety within ten days of the MAS Director's decision. The Director of the Metro Department of Public Safety shall hear the appeal in accordance with rules established by the Department of Public Safety for that purpose. The decision of the Director of the Metro Department of Public Safety on an appeal shall be final.
(1994 Jeff. Code, § 91.062) (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. 86-2010, approved 5-3-2010)
Penalty, see § 91.999
(A) A person shall not leave or confine an animal in any unattended motor vehicle under conditions that endanger the health or well-being of an animal due to heat, cold, lack of adequate ventilation, or lack of food or water, or other circumstances that could reasonably be expected to cause suffering, disability, or death to the animal.
(B) A first responder is authorized to take all steps that are reasonably necessary for the removal of an animal from a motor vehicle, including, breaking into the motor vehicle, if the following conditions are met:
(1) A reasonable effort is first made to locate the owner or other person responsible for the vehicle or animal.
(2) Under all of the facts and circumstances there is probable cause to believe that the animal is in imminent danger of physical injury or death if such animal is not immediately removed from the vehicle. The following factors may be considered in making a determination of probable cause:
(a) Present weather conditions, including heat, cold, and humidity.
(b) Estimated length of time in which the animal has been in the vehicle.
(c) Whether such vehicle is in direct sunlight or shaded.
(d) Ambient temperature inside the vehicle if determinable.
(e) Whether there is open, free flowing air on all sides.
(f) Present condition of the animal including the following factors:
1. During hot weather factors may include but are not limited to:
a. Excessive panting and short of breath.
b. Excessive drooling or frothing at the mouth.
c. Changes in gum color or tongue (bright or dark red).
d. Appears lethargic, drowsy, or disoriented.
e. Elevated body temperature.
f. Increased pulse and heartrate.
g. Vomiting or diarrhea.
h. Collapse or unresponsive.
2. During cold weather factors may include but are not limited to:
a. Tiredness.
b. Shivering.
c. Paleness of the skin.
d. Changes in gum color, paleness.
e. Muscle stiffness.
f. Low blood pressure.
g. Shallow breathing.
h. Fixed dilated pupils.
i. Collapse or unresponsive.
3. A first responder remains with the vehicle until the owner arrives or after all reasonable efforts to locate the owner have failed.
4. In the event that an emergency situation exists requiring immediate care to avoid the suffering, injury, disability, or death of the animal, the first responder shall not be required to remain with the vehicle and may transport the animal immediately if the following conditions are met:
a. Gives to the owner or places on the vehicle a written notice containing the first responder's contact information, the reason entry into the vehicle was made, and the animal's location.
b. Immediately requests additional first responder(s) provide security for the vehicle.
5. The animal shall be taken by the first responder to Metro Animal Services, or an animal hospital contracted with Louisville Metro Government to provide veterinary services. The first responder shall notify Louisville Metro Animal Services of the animal's location.
(C) The first responder is to maintain control of the animal until either taken to Louisville Metro Animal Services or the animal hospital contracted with Louisville Metro Government to provide veterinary services.
(Lou. Metro Ord. No. 86-2021, approved 7-8-2021)
STANDARDS
(A) All boarding kennels or catteries shall, in addition to the other requirements of this chapter, comply with the minimum standards of this section. Failure to meet these standards shall be grounds for denial or revocation of a license pursuant to §§ 91.020 through 91.025 and the issuance of a citation subjecting the owner to the penalties and fines provided in § 91.999 of this chapter. Facilities shall be subject to inspection by an Animal Control Officer upon his or her request during reasonable hours.
(B) Indoor enclosures (cages, kennels, or runs) shall be provided for each animal housed. These enclosures shall be constructed of an impervious material. Floors shall be metal, fiberglass, concrete, or covered throughout with a minimum of three inches of gravel. Enclosures must be cleaned daily with a disinfectant, cleanser, or chlorine bleach. Cleaning materials must be present at the time of any inspection in amounts sufficient to clean the entire facility. Animals must be removed from enclosures during cleaning.
(C) Building temperature shall be maintained at a comfortable level. Adequate ventilation shall be maintained by means of windows, doors, vents, and fans.
(D) Each animal shall have sufficient space to stand up, lie down, and turn around in a natural position without touching the sides or top of the enclosure. If additional space is not provided, either indoor or outdoor, then this enclosure must provide an adequate exercise area.
(E) Beds or resting benches shall be constructed of an impervious material.
(F) Outdoor runs or enclosures may be provided in addition to the indoor enclosures. These outdoor enclosures may be separated or attached to the indoor enclosures. They shall be constructed of an impervious material with floors as in subsection (A) of this section.
(G) All enclosures shall be kept clean and dry.
(H) All enclosures shall provide protection from the weather.
(I) The food shall be free from contamination, wholesome, palatable, and of sufficient quantity and nutritive value to meet the normal daily requirements for the condition and size of the animal.
(J) All animals shall have fresh water available at all times, except as part of a veterinary treatment regimen. Water vessels shall be mounted or secure in a manner that prevents tipping and be of the removable type, except in areas where animals are kept for medical recuperative purposes.
(K) Veterinary care shall be provided to maintain good health and general welfare and to prevent suffering. All costs for such care will be paid for by the boarding kennel or cattery and reimbursed by the owner of the puppy, dog, cat, or kitten unless such care is the result of negligent action or inaction of the owner of the boarding kennel or cattery.
(L) Animals over the age of four months which are boarded must have proof of a valid Metro Government pet license and a rabies vaccination.
(M) Owners of boarded animals which do not have proof of a valid dog or cat license shall be presented with a license application by the boarding kennel or cattery. Such application shall be supplied by MAS. The owner shall be advised by the boarding kennel or cattery of the licensing requirement.
(N) The provisions of this section shall not apply to any office of veterinary medicine that does not advertise boarding services. Further, nothing herein shall be construed as granting authority to MAS to inspect, license or regulate any aspect of veterinary medicine. The provisions of this section shall apply solely to the inspection, licensing and regulation of boarding services offered or advertised by offices of veterinary medicine unrelated to the medical diagnosis or treatment of an animal.
(O) The Director, with the approval of the Secretary, may promulgate regulations implementing this section which are not inconsistent with any of the provisions of this chapter.
(1994 Jeff. Code, §91.075) (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)
Penalty, see § 91.999
(A) Any Class C kennel shall, in addition to the other requirements of this chapter, comply with the standards of this section whenever any dog is trained for guard, sentry, or obedience purposes. Failure to meet these standards shall be grounds for denial of or revocation of a kennel license, and the issuance of a citation subjecting the owner to the penalties and fines provided in § 91.999. Facilities shall be subject to inspection by an Animal Control Officer upon his or her request during reasonable hours.
(B) Class C kennels shall comply with the standards set forth in § 91.120 in addition to the following standards.
(C) The area used for training shall be clean, free of accumulated waste and debris, and well-drained.
(D) Outdoor areas where animals are trained for guard or sentry work must be completely enclosed or surrounded by a fence at least eight feet in height, installed at or below ground level, with anti-climbers at the top.
(E) Enclosures and the training area must be locked at all times to prevent unauthorized entry or escape of the animals.
(F) No training shall employ the use of cruelty.
(1994 Jeff. Code, § 91.076) (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 Ord. No. 233-2006, approved 1-4-2007; Lou. Metro Am. Ord. No. 290-2007, approved 12-20-2007)
Penalty, see § 91.999
(A) All Class B kennels or catteries shall, in addition to the other requirements of this chapter comply with the minimum standards of this section. Failure to meet these standards shall be grounds for denial or revocation of a license pursuant to §§ 91.020 through 91.025 of this chapter and the issuance of a citation subjecting the owner to the penalties and fines provided in § 91.999 of this chapter. Facilities shall be subject to inspection by an Animal Control Officer upon his or her request during reasonable hours.
(B) Indoors: animals which are kept primarily indoors shall be provided with wholesome food and clean water, a clean living environment free of accumulated waste and debris, comfortable temperature and ventilation, and provided veterinary care when needed. If allowed access to outdoors on a temporary basis, the outdoor area shall be kept free of waste and debris and well-drained. Such outdoor area shall comply with all restraint requirements contained in this chapter.
(C) Outdoors: animals which are kept primarily outdoors shall be provided with proper shelter, a clean living environment free of accumulated waste and debris, supplemental protection from weather extremes, and well-drained. Such outdoor area shall comply with all restraint requirements contained in this chapter.
(D) Each Class B kennel or cattery license shall apply to no more than five dogs and/or cats, four months of age or older. Any additional dogs or cats four months of age or older must be licensed individually.
(1994 Jeff. Code, § 91.077) (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. 138-2023, approved 10-3-2023, eff. 10-3-2024) Penalty, see § 91.999
(A) All Class A kennels or catteries shall, in addition to the other requirements of this chapter, comply with the minimum standards of this section. Failure to meet these standards shall be grounds for denial or revocation of a license pursuant to §§ 91.020 through 91.025 of this chapter and the issuance of a citation subjecting the owner to the penalties and fines provided in § 91.999 of this chapter. Facilities shall be subject to inspection by an Animal Control Officer upon request during reasonable hours.
(B) Each Class A kennel or cattery shall comply with the standards set forth in § 91.120 in addition to the following standards.
(C) Each dog or cat, four months of age or older, must have proof of a valid vaccination against rabies.
(D) Each Class A kennel or cattery license shall apply to up to five dogs or cats and shall require an additional Class A kennel or cattery license for each increment of up to five dogs or cats.
(1994 Jeff. Code, § 91.078) (Jeff. 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. 138-2023, approved 10-3-2023, eff. 10-3-2024) Penalty, see § 91.999
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