§ 91.150 DANGEROUS DOGS AND POTENTIALLY DANGEROUS DOGS.

   (A)   Prohibition. No dog shall commit an attack or severe attack, as previously defined. In the event that a peace officer or Animal Control Officer witnesses either type of attack or witnesses the wounds or injuries caused by the attack, and the offending animal(s) can be identified by credible evidence, including, but not limited to, witness identification, forensic evidence, or other physical evidence, the dog(s) may be impounded and the owner cited for violation of this section. If the owner is cited and the animal(s) impounded, the animal(s) shall remain impounded subject to the conditions set forth in §§ 91.070 or 91.151, pending a decision by the Jefferson District Court or the Director, in accordance with their respective authority, unless ownership is voluntarily relinquished and the dog(s) turned over to MAS. Upon a plea or finding of guilt, the dog(s) may be redeemed by the owner after inspection and verification of a proper enclosure as defined under this chapter, unless ordered euthanized by the court. There the dog(s) shall remain, securely confined, and may not be removed except to be treated by a veterinarian or to be turned in to or inspected by MAS. While being transported to the veterinarian or animal control shelter, it must be muzzled and restrained by a leash no longer than four feet in length. No owner of a dangerous dog(s) or potentially dangerous dog(s) may transfer ownership or the location where the animal(s) is contained. The owner shall be responsible for all veterinary, euthanasia, redemption, and/or boarding fees.

   (B)   Exemptions. An animal shall not be deemed to be a potentially dangerous dog or dangerous dog solely because it bites or attacks:

      (1)   Anyone assaulting its owner. This shall not include any police officer attempting to subdue or effect the arrest of a suspect.

      (2)   Any person who is in the act of tormenting or abusing it.

      (3)   Any unrestrained animal which attacks it or its young while it is restrained in compliance with this chapter.

      (4)   Anyone entering the owner’s property to commit robbery, burglary, assault, or other crime. Simple trespass by a person onto private property shall not be considered provocation for any attack.

      (5)   While performing work by a governmental law enforcement agency.

      (6)   While seriously injured or incapacitated.

(1994 Jeff. Code, § 91.118) (Jeff. Ord. 46-1996, adopted and effective 12-10-1996; Jeff. Am. Ord. 24-2000, passed 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

§ 91.151 ALTERNATIVE PROCEDURES FOR CONTROLLING DANGEROUS DOGS AND POTENTIALLY DANGEROUS DOGS.

   As an alternative to the procedures set forth under § 91.150(A), the Director, or his/her designee, shall have the authority to do all of the following procedures. If at any time during the process under this section, the Director determines that a dog is an immediate threat to public safety and welfare, the Director shall impound the dog and proceed under § 91.150.

   (A)   Upon observation of an at-risk dog by an Animal Control Officer, or upon receipt of a complaint of an at-risk dog, the identity of the owner shall be determined. If the identity of the dog’s owner cannot be determined, the dog shall be immediately impounded.

   (B)   If the dog’s owner can be identified, the Animal Control Officer shall investigate the circumstances of the complaint. If the Animal Control Officer finds probable cause to believe that the dog is a dangerous dog as defined in this chapter, the dog shall be immediately impounded pending a final determination by the Director. If the Animal Control Officer finds probable cause to believe that the dog is a potentially dangerous dog as defined in this chapter, the dog may be returned to the owner provided that (1) the dog is not an immediate threat to public safety and welfare; and (2) the owner signs an acknowledgment on a form provided by MAS that he/she is the dog’s owner, and that the owner will confine the dog to the owner’s property pending a final determination by the Director. If the owner(s) fail or refuse to sign such an acknowledgment, the dog shall be immediately impounded pending a final determination by the Director.

   (C)   The Director shall forthwith determine if the dog under investigation is a dangerous dog or a potentially dangerous dog as defined in this chapter.

   (D)   If an at-risk dog under investigation has previously been classified as a potentially dangerous dog and exhibits escalating aggressive behaviors which threaten public safety or welfare, that circumstance alone may be grounds for an Animal Control Officer to impound the dog, and for the Director to determine that the dog is a dangerous dog.

   (E)   If the Director determines that a dog under investigation is a dangerous dog or a potentially dangerous dog as defined in this chapter, the Director shall notify the owner of the dog in writing, by certified mail and a return receipt which shows the date and place delivered. The notice shall advise the owner of (1) the provisions of this chapter relating to the requirements for ownership of a dangerous dog or a potentially dangerous dog; and (2) the owner’s right to appeal the Director’s determination together with the process for filing an appeal.

   (F)   If the owner of a dog which the Director has declared to be a dangerous dog or a potentially dangerous dog is unknown, the dog shall not be released from impoundment except under conditions which comply with § 91.152.

   (G)   The owner of a dog which has been determined by the Director and declared to be a dangerous dog or a potentially dangerous dog may appeal that determination to the Secretary. The appeal shall be in writing and shall be filed within five days of receipt of notice of the Director’s determination. The Secretary’s decision on the appeal shall be final for all purposes, and may be appealed to the Jefferson District or Jefferson Circuit Court whichever court has jurisdiction.

   (H)   The owner of a dog which has been declared a potentially dangerous dog may petition the Director for removal of the classification if a period of 18 months has passed since the Director’s determination without a complaint or incident of a violation of this chapter involving the dog. As a condition of reclassification, the Director may require the owner, at the owner’s sole expense, to (1) assign the dog to complete an obedience class designated by the Director; (2) have the dog evaluated by an animal behavior specialist approved by the Director; or (3) attend a responsible ownership class.

(Lou. Metro Ord. No. 233-2006, approved 1-4-2007; Lou. Metro Am. Ord. No. 290-2007, approved 12-20-2007)

§ 91.152 REQUIREMENTS FOR OWNERSHIP OF A DANGEROUS DOG OR A POTENTIALLY DANGEROUS DOG.

   (A)   Potentially dangerous dog. In addition to restraints which apply to all dogs as defined in the chapter, a dog classified by the Director as a potentially dangerous dog shall only be kept in an enclosure which the Director finds to be sufficiently secure to contain the dog taking into consideration the dog’s size and behavior and the dog’s history. The enclosure shall be sufficiently secure to prevent trespass and to prevent children from coming into contact with the dog. When outside an approved enclosure, the dog must be kept at all times on a leash no more than four feet in length, and under the control of a person physically able to handle the dog. The owner shall file photographs of the dog with the Director, and the dog shall have a microchip implanted at the owner’s expense.

   (B)   Dangerous dog. In addition to restraints which apply to all dogs as defined in the chapter, a dog which has been classified by the Director as a dangerous dog shall only be kept in an enclosure which the Director finds to be sufficiently secure to contain the dog taking into consideration the dog’s size and behavior and the dog’s history. The enclosure shall be sufficiently secure to prevent trespass and to prevent children from coming into contact with the dog. When outside an approved enclosure, the dog must be kept at all times on a leash no more than four feet in length, muzzled, and under the control of a person physically able to handle the dog. The owner shall file photographs of the dog with the Director, and the dog shall have a microchip implanted at the owner’s expense.

   (C)   Location; transfer of ownership. The location of any dog which has been classified by the Director as a dangerous dog or potentially dangerous dog shall not be changed for any period in excess of three days without notification to the Director which MAS shall provide by regulation. The owner of any dog which has been classified by the Director as a dangerous dog or potentially dangerous dog shall not be changed without immediate notification to the Director by means which MAS shall provide by regulation.

   (D)   Transportation. No dog which has been classified by the Director as a dangerous dog or potentially dangerous dog shall be transported in any vehicle unless the dog is contained in a closed and locked cage or crate.

   (E)   Additional fees. The owner of any dog which has been classified by the Director as a potentially dangerous dog shall pay annually to MAS a fee per Appendix A to cover record keeping and monitoring costs incurred by MAS. The owner of any dog which has been classified by the Director as a dangerous dog shall pay annually to MAS fees prescribed in § 91.009 to cover record keeping and monitoring costs incurred by MAS.

   (F)   Violations of requirements. It shall be unlawful for the owner of any dog which has been classified by the Director as a dangerous dog or a potentially dangerous dog to fail or refuse to carry out and perform all of the requirements of this section. In addition to the penalties under § 91.999, the Director shall immediately impound the dog.

(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

RELEASE OF BALLOONS

§ 91.160 RELEASE OF BALLOONS.

   (A)   Purpose.

      (1)   The Metro Government finds that the release into the atmosphere of lighter than air latex rubber balloons and plastic mylar balloons has created an ecological problem because such balloons are carried east by prevailing winds and burst over the Atlantic Ocean where they have been eaten by dolphins, sea turtles, seabirds and migratory waterfowl sometimes resulting in the death of such animals by intestinal blockage;

      (2)   Although the Metro Government recognizes that the aforesaid ecological problem is but a small part of the global issue of responsible water management and ocean protection and reclamation, the prohibition of balloon launches by an inland municipality will constitute one small act of concern and awareness which it is hoped will encourage other municipalities and states to take similar actions on behalf of our planet’s oceans and ocean life; and

      (3)   The festive atmosphere created by large displays of balloons can be achieved without actually releasing the balloons into the atmosphere.

   (B)   Prohibition. No person shall intentionally cause rubber and/or plastic Mylar balloons to be released into the atmosphere.

(Lou. Metro 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

ANIMAL ABUSE OFFENDER REGISTRY

§ 91.170 ANIMAL ABUSE OFFENDER REGISTRY.

   (A)   Louisville Metro Animal Services (“MAS”) shall develop and operate an Animal Abuse Offender Registry for offenders.

   (B)   Upon conviction, an offender shall be required to register with MAS. The period of time for said persons to remain on the Animal Abuse Offender Registry will be two years from the first day of release of confinement, or the beginning date of probation or conditional discharge.

   (C)   It shall be the duty of MAS to inform any person required to register pursuant to subsection (B) above.

   (D)   Any person required to register pursuant to subsection (B) above shall be required to pay an annual registration fee of $100 to MAS. The fee shall be recorded by MAS into the Animal Abuse Offender Registry account. Pursuant to regulations promulgated by the Director, MAS may waive or reduce the annual registration fee for the offender due to financial hardship or on the basis of income level.

   (E)   A person who establishes residency in Jefferson County and who, in the last two years, was convicted of an animal abuse offense in another Kentucky jurisdiction, or in another state with substantially similar animal abuse offense statutes, on or after the effective date of this subchapter, must, within ten business days of establishing residency in Jefferson County, register with MAS. Said persons will be required to remain on the registry until two years have lapsed since the first day of release of confinement, or the beginning date of probation or conditional discharge.

   (F)   MAS, with the assistance of the Department of Information Technology Services, shall establish the Animal Abuse Offender Registry website and make it available to the public. The website shall display offender information and shall be updated at least once every 30 days.

   (G)   MAS shall promulgate administrative regulations to establish and operate the Animal Abuse Offender Registry, including but not limited to policies and procedures:

      (1)   For compiling, publishing, and maintaining offender information;

      (2)   For how an individual may be removed from the Registry; and

      (3)   To ensure compliance with all other local, state and federal laws.

   (H)   Any employee of MAS who disseminates, or does not disseminate, registrant information in good-faith compliance with the requirements of this subsection shall be immune from criminal and civil liability for the dissemination or lack thereof.

   (I)   Any person required to register under subsections (B) or (E) must, within ten business days of change of residency, amend his or her registration with MAS.

   (J)   Any person required to register under subsections (B) or (E) who fails to do so or who knowingly provides false, misleading, or incomplete information shall be subject to a civil penalty under § 91.999(B).

(Lou. Metro Ord. No. 45-2019, approved 4-25-2019, effective 10-22-2019)

§ 91.171 ANIMAL ABUSE OFFENDER REGISTRY PROGRAM.

   (A)   The Animal Abuse Offender Registry Program is established for purposes of collection of fees and administration of an online registry pursuant to § 91.170(D) and shall be used to develop and operate the Animal Abuse Offender Registry in accordance with § 91.170. MAS shall administer the program.

   (B)   Any moneys in the program shall not lapse but shall be carried forward to the next fiscal year.

(Lou. Metro Ord. No. 45-2019, approved 4-25-2019, effective 10-22-2019)

ANIMAL ABUSE AND FAMILY VIOLENCE