For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ABANDON. Any animal left more than 24 hours without a person checking on the condition of the animal(s) and providing food and water. Any animal left on private property without the owner’s consent or deserted or dumped on public property or roadways.
ANIMAL. Any live vertebrate creature.
ANIMAL CONTROL. The department of the county that is designated by the Fiscal Court to enforce the provisions of this chapter.
ANIMAL CONTROL OFFICER. Any person designated by the Director of Animal Control who is qualified to perform duties under the laws and ordinances of the commonwealth and the county. An ANIMAL CONTROL OFFICER shall be a law enforcement officer for the purpose of animal control only.
ANIMAL SHELTER. Any premises operated or approved for operation by the Fiscal Court, as required by KRS 258.119 for the purpose of impounding and caring for animals held under the authority of this chapter.
BOARDING FEE. Fee paid to the animal shelter or the county for the daily living care of the animal. It does not include medical care.
CAT. Any feline three months of age or older for which there exists a United States Department of Agriculture approved rabies vaccine.
DAY. For the purpose of this chapter, a 24-hour period shall constitute a DAY.
DIRECTOR OF ANIMAL CONTROL. The person appointed by the Judge/Executive to administer the provisions of this chapter. The Chief Animal Control Officer.
DOG. Any canine three months of age or older for which there exists a United States Department of Agriculture approved rabies vaccine.
DOMESTIC ANIMAL. Animals as are habituated to live in or about the habitations of human beings, and which are kept, cared for, sheltered, fed or harbored for use as a pet or as a source of food, raw materials or income.
EXCESSIVE RUNNING AT LARGE. Any public nuisance animal that is off the property of the owner, custodian, possessor or harborer and is not restrained that has been witnessed by an Animal Control Officer for the second time or by video evidence within a 90-day time period.
EXOTIC ANIMAL. Any animal not indigenous to the United States and not ordinarily tame and which is by nature an animal that lives apart from human beings.
FERRET. Any musteline three months of age or older for which there exists a United States Department of Agriculture approved rabies vaccine.
HUMANE SOCIETY. The McCracken County Humane Society, 4000 Coleman Road, Paducah, Kentucky.
IMPOUNDED. Having been received into the custody of Animal Control or any authorized representative thereof.
IMPOUNDMENT FEE. Fee paid to the animal shelter or McCracken County for the administration, documentation and record keeping requirements, and for the return and adoption of impounded animals.
LIVESTOCK. Cattle, sheep, swine, goats, emus, ostriches, horses or any other animals of the bovine, ovine, porcine, caprine, ratite or equine species.
OWNER. Any person owning, keeping, harboring or sheltering one or more animals.
PERSON. All natural persons, corporations, partnerships, firms, associations, governmental bodies, agencies or other entities.
PET. Domesticated animal kept for pleasure rather than utility.
PUBLIC NUISANCE. Any animal(s), which engages in, but not limited to, the following activity:
(1) Molests passers-by or passing vehicles;
(2) Attacks people or other animals;
(3) Damages public or private property;
(4) Is excessively at large;
(5) Makes noise in an excessive, continuous or untimely manner;
(6) Creates unsanitary conditions; or
(7) Disturbs the peace, comfort or health of persons in any other manner.
PROPER QUARANTINE. Confinement to a secure enclosure which shall not permit the animal to come in contact with another animal or person, except the owner or care giver, for a period of ten days.
QUALIFIED PERSON. Any person granted a permit by the state to vaccinate his or her own animal against rabies.
RESTRAINT. Enclosed in an area by a form of fencing designed to control the movement of the animal or secured by a leash or chain. An animal shall be deemed to be RESTRAINED if it remains on the premises of its owner or if a responsible person accompanies it and is under that person’s control.
RUNNING AT LARGE. Any public nuisance animal that is off the property of the owner, custodian, possessor or harborer and is not restrained. Except that a hound or other hunting dog which has been released from restraint for hunting purposes shall be deemed to be under reasonable control of its owner or handler while engaged in or returning from hunting, and, if the hunting dog becomes temporarily lost from a pack or wanders from actual control or sight of its owner or handler it shall not be deemed to be a violation.
STRAY. Any animal running at large.
VETERINARIAN. One licensed and qualified to treat diseases and injuries of animals.
VICIOUS ANIMAL.
(1) Any animal:
(a) Which constitutes a physical threat to human beings or domestic animals due to a known propensity to endanger life by an unprovoked assault or bite which results in serious bodily harm;
(b) Which when unprovoked, approaches in a terrorizing manner, any person in an attitude of attack upon streets, sidewalks or any public grounds or places;
(c) With a known propensity, tendency or disposition to unprovoked attacks which causes injury or endangers the safety of human beings or domestic animals;
(d) Which bites multiple times or to the extent of causing severe injury and assaults or otherwise attacks human beings or domestic animals; and
(e) Owned or harbored primarily or in part for the purpose of fighting with animals.
(2) It shall be prima facie evidence that an animal is vicious if the animal bites a human being or domestic animal more than once in the same attack.
(3) An animal shall not be deemed VICIOUS solely because:
(a) It bites, attacks or menaces:
1. Any person assaulting its owner; or
2. Any person or animal who has tormented or abused it.
(b) It is otherwise acting in defense of any attack from a person or other animal upon its owner or another person; or
(c) It is protecting or defending its young or the young of any other animal.
WILD ANIMAL. Any animal not domesticated, not ordinarily tame or which is by nature an animal that lives apart from human beings.
(Ord. 2013-2, passed 5-28-2013)