Each day that a violation occurs shall constitute a separate violation, unless the context clearly indicates otherwise.
(A) The penalty for a violation of § 90.10(K) of this chapter shall be fined not less than $10, nor more than $100, for each occurrence. Each occurrence shall be deemed to be a separate offense, which may be charged and penalized hereunder.
(B) Any person failing to comply with mandatory spay/neuter requirements of § 90.02 of this chapter shall:
(1) For the first offense, either show the court proof from a licensed veterinarian that the surgical procedure has been performed or be ordered by the court to surrender the animal to Animal Control without a refund of adoption fees, and be fined a sum not less than $10, nor more than $100; and
(2) For the second offense, immediately surrender the animal to Animal Control without a refund of adoption fees, and be fined not less than $50, not more than $250.
(C) Any person failing to comply with the vaccination requirements of § 90.03 of this chapter shall on a first offense be fined not less than $10, nor more than $100; on a second or subsequent offense shall be fined not less than $50, nor more than $250.
(D) Any person violating any provision of § 90.09 of this chapter relating to the humane treatment of animals shall be fined a sum not to exceed $500, or sentenced up to 12 months in the county jail, or both.
(E) Any person violating § 90.10 of this chapter shall on the first offense be fined not less than $25, nor more than $100; on the second or subsequent offense shall be fined not less than $50, nor more than $250.
(F) Any livestock owner who violates § 90.10 of this chapter shall on the first offense be fined not less than $50, nor more than $250, and required to reimburse the county for all reasonable expenses incurred in capturing, impounding, boarding and providing necessary medical services to the livestock. On a second or subsequent offense, the owner shall be fined not less than $150, nor more than $500, and the owner shall reimburse the county for all reasonable expenses incurred in capturing, impounding, boarding and providing necessary medical services to the livestock.
(G) (1) Upon conviction under § 90.10(B) of this chapter relating to the possession of a vicious animal, the penalty shall be a fine of not less than $100, nor more than $500, or up to 90 days in the county jail or both.
(2) In addition, the court shall order one of the following regulations be followed as a condition of the owner retaining ownership of the animal.
(a) The vicious animal shall be neutered, microchip implanted for identification purposes and registered with Animal Control;
(b) The vicious animal shall be confined in an enclosure constructed of an uncovered fence or structure of at least seven feet in height with anti-climbers or a covered structure of sufficient height to allow the animal to stand erect without touching the top or cover. All such enclosures shall be designed to prevent the entry of small children and shall be suitable to confine the vicious animal. Such enclosures shall be securely closed and locked, and shall be designed to prevent the animal from digging out or otherwise escaping from the enclosure;
(c) The enclosure shall display a sign warning of the vicious animal and shall be visible from the public roadway or public access, if applicable;
(d) The vicious animal shall not be permitted outside of the dwelling of its owner or outside of the enclosure unless it is necessary to obtain veterinary care or under the direction of Animal Control. If the vicious animal must be allowed outside the permitted areas, it shall be under the direct control and supervision of its owner or keeper and shall be muzzled and restrained with a lead or leash not to exceed three feet in length, or placed in a secure animal carrier;
(e) The owner or keeper of a vicious animal shall immediately notify Animal Control if the animal is loose, unconfined, has attacked an animal or humane being, or is deceased. In the alternative to division (G)(2)(a) above, the court may order that the animal be immediately surrendered to Animal Control to be euthanised. Upon conviction of a second or subsequent offense under § 90.10(B) of this chapter, relating to the possession of a vicious animal, the penalty shall be a fine of not less than $250, nor more than $500, or up to one year in the county jail, or both; and if the violation involves the same animal, the court shall order the animal immediately surrendered to Animal Control to be euthanised;
(f) Any person violating the provisions of § 90.11 of this chapter relating to non-domestic and exotic animals shall on the first offense be fined not less than $25, nor more than $100, for each such animal; on the second or subsequent offense shall be fined not less than $50, nor more than $500. Upon conviction of a first offense for each such animal, the Department of Animal Control shall take possession of said animal;
(g) Any commercial animal establishment or kennels violating the minimum standards of KRS Ch. 258 or the provisions of this ordinance as applicable shall on the first offense be fined not less than $50, nor more than $250; on a second or subsequent offense be fined not less than $250, nor more than $500, per offense;
(h) Any person who violates a section of this chapter for which a specific penalty is not prescribed shall be fined not less than $100, nor more than $500 or confined to the county jail not to exceed one year or both.
(Ord. 21-480.1, passed 11-22-2021)