(A) It shall be unlawful for any person or entity to keep, possess, or harbor under his, her or its control any animal which constitutes a nuisance as defined in this section.
(B) For the purpose of this section, the following definition shall apply unless the context clearly indicates or requires a different meaning.
NUISANCE. Any act of any animal or its owner that unreasonably irritates, perturbs, or interferes with the use and enjoyment of private property or indirectly injures or threatens the safety of a member of the general public. By way of example and not of limitation, the following acts or actions by an animal or its owner or possessor are hereby declared to be a NUISANCE:
(a) Allowing or permitting an animal to habitually bark, whine, howl, mew, crow, or cackle in an excessive or continual fashion or make other noise in such a manner as to result in a serious annoyance or interference with the reasonable use and enjoyment of neighboring premises;
(b) Allowing or permitting an animal to damage the property of any person other than its owner or caretaker, including but not limited to getting into or turning over garbage containers or damaging gardens, flowers, plants, or other personal property or leaving fecal material on the property of another person;
(c) Allowing or permitting an animal to molest, chase, snap at, attack, or attempt to attack passersby, vehicles, domestic pets, or livestock;
(d) Allowing or permitting an animal to be housed or restrained at a distance that in the discretion of any Animal Control Officer or law enforcement officer poses a threat to the general safety, health, and welfare of the general public;
(e) Allowing or permitting an animal to be maintained in an unsanitary condition.
(C) Subject to the restrictions set forth in KRS 413.072(7), an agricultural operation, as defined under KRS 413.072(3), shall be exempt from any enforcement under this chapter which arises out of a nuisance violation as defined herein.
(Ord. 07-17, passed 7-16-07)