(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 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) 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.
(4) 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)
Editor’s Note:
Section 91.999 is amended by Louisville Metro Ordinance No. 138-2023, approved 10-3-2023 and effective 10-3-2024. See the online Code of Ordinances for a copy of Ordinance No. 138-2023.