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 which is designated by the Fiscal Court to enforce the provisions of this chapter and to operate the animal shelter.
ANIMAL CONTROL OFFICER. Any person designated by the county, as required by KRS 258.915, to assist in the operation of the animal shelter and to enforce this chapter and state laws regarding animal control.
ANIMAL SHELTER. Any facility operated by the city, county, any other governmental agency or humane society for the purpose of impounding or caring for animals.
CAT. Any feline of the domesticated type.
COMMERCIAL ANIMAL ESTABLISHMENT. Any pet shop, boarding or breeding kennel, grooming facility, auction, petting zoo, zoological park, circus, performing animal exhibit or any person engaged in the business of breeding, buying or selling at retail or wholesale, any species of animal for profit, but shall not include a licensed veterinarian.
DAY. For the purpose of this chapter, a 24-hour period shall constitute a day.
DOG. Any age canine of the domestic type.
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.
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.
HUMANE SOCIETY. Any organization existing for the purpose of preventing cruelty to animals.
IMPOUNDED. Having been received into the custody of the Animal Control Officer or any authorized representative thereof.
KENNEL. Any premises where any person or entity engages in boarding, breeding, buying, letting for hire, training for fee, selling, providing temporary sanctuary, rescuing or adopting dogs or cats, except a KENNEL shall not include boarding at a facility owned and operated by a licensed veterinarian.
LIVESTOCK.
(1) All cattle, buffaloes or animals of the bovine species;
(2) All horses, mules, burros and ass or animals of the equine species;
(3) All goats or animals of the caprice species;
(4) All swine or animals of the porcine species;
(5) All sheep or animals of the ovine species;
(6) All fowl or animals of the order Galliformes (game birds);
(7) All ducks and geese or animals of the Anatidae (water fowl) family;
(8) All ostrich, emu, rhea and cassowaries, or animals of the ratite order; or
(9) All llamas or animals of the camelid family and deer and elk, whose regulatory requirements are under KRS Chs. 150 and 246, as well as poultry, ratite and corvine.
NON-DOMESTIC ANIMAL. Any animal, but not limited to felines (other than the domestic house cat), non-human primates, bears, wolves, coyotes, foxes and venomous reptiles, and any crossbreed of such animals which have similar characteristics of the animals specified herein. In order to properly administer the provisions of this section, the County Fiscal Court may add to or remove from the classification of NON-DOMESTIC ANIMAL any bird, mammal reptile (aquatic and amphibious forms) or other members of the animal kingdom. However, additions to the list may be made only if Fiscal Court determines, after public hearing, that such species because of habit, mode of life or natural instinct is incapable of being domesticated; requires the exercise of art, force or skill to keep them safely in subjection and would create a reasonable likelihood of hazard to the public. Each determination by Fiscal Court as to additions or deletions shall become effective when filed with the County Judge Executive and approved by Fiscal Court.
OWNER. Any person, partnership, limited liability company or corporation owning, keeping, harboring or sheltering one or more animals. For purposes of enforcing this chapter, an animal shall be deemed harbored if it is fed or sheltered for three or more consecutive days.
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:
(1) Molests passers-by or passing vehicles;
(2) Attacks people or other animals;
(3) Damages public or private property;
(4) Is repeatedly 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 caregiver, for a period of ten days.
QUALIFIED PERSON. Any person granted a permit by the commonwealth’s Department of Human Resources to vaccinate his, her or their own animal against rabies.
REASONABLE GROOMING. To maintain an animal’s coat to prevent conditions which inhibits normal walking or eliminating body waste or which is medically harmful to the animal.
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 it is accompanied by a responsible person and is under that person’s control.
RUNNING AT LARGE. Any 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.
VETERINARY HOSPITAL. Any establishment maintained and operated by a licensed veterinarian for surgery, diagnosis and treatment of diseases and injuries of animals.
VICIOUS ANIMAL.
(1) Any animal which constitutes a physical threat to human beings or domestic animal due to a known propensity to endanger life by an unprovoked assault or bite which results in serious bodily harm;
(2) Any animal when unprovoked, approaches in a terrorizing manner, any person in an attitude of attack upon streets, sidewalks or any public grounds or places;
(3) Any animal with a known propensity, tendency or disposition to unprovoked attacks which cause injury or endanger the safety of human beings or domestic animals;
(4) Any animal which bites multiple times or to the extent of causing severe injury and assaults or otherwise attacks human beings or domestic animals;
(5) Any animal owned or harbored primarily or in part for the purpose of fighting with animals;
(6) 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; and
(7) Exceptions. An animal shall not be deemed vicious solely because:
(a) It bites, attacks or menaces:
1. Any person assaulting its owner;
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.
(Ord. 21-480.1, passed 11-22-2021)