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(A) (1) In an effort to mitigate interpersonal violence, MAS upon request, shall provide free of charge, shelter and sustenance to pets of families or households during the interim in which the victim(s) of such suspected interpersonal violence finds safe housing, or upon request of the victim, facilitate adoption of the pet or pets, or assist with the transport of the pet to another safe location, including but not limited to, a friend or family member of the victim within Jefferson County, Kentucky. No information shall be divulged concerning any participant utilizing the services of this section and related information shall be kept confidential.
(2) MAS may establish procedures to collaborate with and utilize already existing programs, including MAS Foster care programs, serving the same or similar purpose as that set forth herein. If a MAS Foster Care program is utilized, providers of foster care pursuant to this section shall be informed of the circumstances of their participation in the program and no information shall be divulged concerning any participant. Those community-based programs already providing the same or similar services as those set forth in this section shall not be bound by the requirements of this section.
(3) MAS shall limit the time period for such care to 30 days, unless good cause is shown by the party who requested MAS services. After 30 days, the animal in question may be made available for adoption.
(4) MAS shall create procedures and regulations to facilitate communication with individuals utilizing the services provided under this Section including the creation of a form or waiver that fully notifies participating individuals of the parameters of the animal care provided.
(B) (1) An animal relinquished pursuant to this program shall be held by MAS for a minimum of 14 days. If a criminal case related to the facts that led to the utilization of this program has commenced, the animal shall only be relinquished pursuant to an order of the presiding court.
(2) After 14 days, if no relevant criminal case has commenced and there is no ongoing active investigation, an individual seeking release of the animal, if able to show sufficient proof of ownership, shall have the animal relinquished to their possession.
(3) If the request for the animal's return is made by the individual who originally utilized MAS assistance, the provisions of subsection (B)(1) shall not apply and the animal shall be returned immediately.
(C) In instances of suspected interpersonal violence in which there is pet ownership within the family or household, a responding officer of any department shall inform the victim(s) of Louisville Metro Government's provision for free animal care set forth in this section.
(D) LMPD and/or MAS shall offer to transport the animal of a victim of interpersonal violence to any provider of animal care under the provisions of this section, or to any other place of safety available to the victim within Jefferson County, Kentucky.
(E) MAS and LMPD shall collaborate to create an information brochure which is to be readily available and offered to those who may have an interest in utilizing the provisions of this section. This brochure shall contain information on all government and community-based resources available to potential victims of interpersonal violence, including resources available for pet care while safe housing is located. It shall be the responsibility of MAS and LMPD to routinely update such information.
(F) LMPD and MAS shall ensure that the Jefferson County Attorney's Office is provided the informational brochure to facilitate and ensure that anyone applying for an emergency or interpersonal violence protective order is informed of all available resources for pet owners.
(Lou. Metro Ord. No. 158-2021, approved 11-11-2021)
(A) In addition to and independently of any criminal prosecution pursuant to Kentucky Statute, no person shall knowingly commit an animal abuse offense in the immediate presence of a minor child who is under 16 years of age. For purposes of this paragraph, a minor child is in the immediate presence of animal abuse if the abuse is seen or directly perceived in any other manner by the minor child.
(B) In the event that a person is prosecuted for an animal abuse offense and the abuse or cruelty was committed in the immediate presence of a child, that person shall, in addition to the criminal offense, be guilty of a civil offense and subject to a civil penalty with a fine up to $500.
(Lou. Metro Ord. No. 158-2021, approved 11-11-2021)
Any Kentucky state statute or administrative regulation, or any ordinance of the Louisville/Jefferson County Metro Government cited, referred to, or incorporated by reference in this chapter shall be deemed to refer to or incorporate by reference any amendment, revision, or successor to the statute, regulation, or ordinance so cited, referred to, or incorporated by reference.
(Lou. Metro Ord. No. 233-2006, approved 1-4-2007; Lou. Metro Am. Ord. No. 290-2007, approved 12-20-2007)
If any provision of this chapter as now or later amended or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions that can be given effect without the invalid provision or application.
(1994 Jeff. Code, §10.07) (Jeff. Ord. 36-1994, adopted and effective 12-20-1994; Lou. Metro Am. Ord. No. 233-2006, approved 1-4-2007; Lou. Metro Am. Ord. No. 290-2007, approved 12-20-2007)
(A) Criminal penalty.
(1) Any person cited for a criminal offense under § 91.075 may be punished by a fine not less than $10 nor more than $100.
(2) Any person cited for a criminal offense under any other provision of this chapter, except for violations of § 91.075 or any offense designated a criminal offense under the Kentucky Revised Statutes, shall be guilty of a Class B misdemeanor and upon conviction of such offense, shall be punished by a fine not less than $5 nor more than $250 or imprisoned for a period not less than five days but not to exceed 90 days, or both. Each day a violation continues shall constitute a separate offense.
(3) Any person found guilty of violating §§ 91.150 or 91.152, in addition to any of the penalties imposed in subsection (A)(2), shall be required by a District Court Judge to either have the dog spayed or neutered or have the dog humanely euthanized, if in the opinion of that judge the severe attack warrants such action. The procedure must be performed within seven days of a court order with proof provided to the District Court and MAS.
(5) Notwithstanding any other provision of subsections (A)(1) through (A)(4), no fine or penalty imposed under this section for a violation of this chapter shall be less than or greater than that imposed under any provision of the Kentucky Revised Statutes for the same offense.
(B) Civil penalty.
(1) Any person cited for a civil offense under this chapter may be subject to a civil penalty. Any person cited pursuant to this subsection may pay the minimum civil penalty within seven days from the date of issuance or request a hearing of such penalty by the Code Enforcement Board (“Board”) in accordance with §§ 32.275 et seq. If the person fails to respond to the citation within seven days as referenced above, the person shall be deemed to have waived the right to a hearing.
(2) Any person cited for a civil offense under this chapter, unless otherwise specified, shall be subject to a penalty of not less than $150 nor more than $1,000. Penalties for each subsequent offense shall be cumulated as multiples of the number of previous offenses.
(3) (a) Any person, firm, or corporation cited for a civil offense under § 91.141 shall be subject to a penalty of not less than $500 for a first offense, $1,000 for a second offense and $2,500 for any subsequent offenses.
(b) In addition to the penalties provided for in § 91.999(B)(3)(a), the Director is authorized to enforce the provisions of this Chapter through declaratory, injunctive and other civil actions filed in any court of competent jurisdiction.
(4) Notwithstanding any other provision of subsection (B) under this chapter, no violation shall constitute a civil offense, if the same conduct regulated by this chapter also constitutes a criminal offense under any provision of the Kentucky Revised Statutes.
(5) The Director may waive or reduce any civil penalty set forth in this subsection (B) due to financial hardship or on the basis of income level, as the case may be, and/or (1) if the violator attends and satisfactorily completes an education or training course established under § 91.060, and/or (2) if the dog or cat is spayed or neutered, at the expense of the owner, as prescribed by the Director of Metro Animal Services.
(1994 Jeff. Code, § 91.119) (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. 145-2017, approved 8-23-2017; Lou. Metro Am. Ord. No. 7-2020, approved 2-21-2020, eff. 5-21-2020; Lou. Metro Am. Ord. No. 138-2023, approved 10-3-2023, eff. 10-3-2024)
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