For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ANIMAL. Any living domesticated, vertebrate creature, including livestock, poultry, pet rodents, pet birds, and pet reptiles.
ANIMAL CONTROL OFFICER. The official designated by the Judge-Executive to be in charge of the Animal Shelter and the primary enforcement officer for the county of the sections of this subchapter and the state laws regulating animals and owners of animals. As used in this subchapter, the term also includes the agents and employees of the ANIMAL CONTROL OFFICER, hereinafter designated as ACO.
ANIMAL DEALER. Any person, partnership, or corporation engaging in the business of buying and/or selling any animal or animals for the purpose of resale to pet shops, research facilities, another animal dealer, or individuals, including the sale of any animal from a roadside stand, booth, flea market, or other temporary site.
ANIMAL SHELTER. Any premises designated and operated by the County Fiscal Court for the purpose of impounding and caring for animals held under authority of this subchapter.
APPROVED RABIES VACCINE. Any vaccine approved by the American Veterinary Association or Kentucky Department of Health and Human Resources, and found effective in protecting an animal from contracting rabies.
AT LARGE. An animal shall be deemed to be AT LARGE if the animal is not on the property of its owner nor under the immediate control of a responsible adult.
CARETAKER. Any person or organization who participates in TNR and/or who regularly provides care to a community cat.
CAT. Any feline four months of age or older.
COMMUNITY CAT. Any cat or kitten that has no apparent owner or identification and is free-roaming.
DOG. Any domestic canine four months of age or older.
DOMESTIC. Any owned animal whose physiology has been determined or manipulated through selective breeding and does not occur naturally in the wild, and any animal which may be vaccinated
against rabies with an approved rabies vaccine and any animal which has an established rabies quarantine observation period.
EAR TIPPING. The removal of the quarter inch tip of a community cat's ear, performed while the cat is under anesthesia, in compliance with any applicable federal or state law, and under the supervision of a licensed veterinarian, designed to be the universal identification that the community cat is sterilized and lawfully vaccinated against rabies at least once. Caregivers must make every effort to booster the rabies vaccination as per the manufacturer's instructions.
EXOTIC SPECIES. 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.
FERAL. Any domesticated species which has reverted to living in a wild state.
HARBORER. Any person who assumes responsibility for the feeding and care of an animal.
HOARDER. Any person who keeps excessive numbers of animals in unsanitary or inhumane conditions and cannot provide adequate care for said animals because of their excessive situation.
HUMANE SOCIETY. Any organization existing for the purpose of the prevention of cruelty to animals incorporated under the laws of the state.
KENNELS.
(1) COMMERCIAL KENNEL. Any person, partnership, or corporation located in an area that is zoned commercial or industrial, maintaining an establishment where dogs, cats, or other domestic pets are kept for the purpose of breeding, buying, selling, showing, boarding such animals, or engaged in the training of dogs for sentry or guard purposes, and which establishment is so constructed that the animals cannot stray, and must comply with the Planning and Development zoning regulations. Any person, partnership, or corporation owning or keeping eight or more dogs, each of which is four months of age or older is considered a COMMERCIAL KENNEL.
(2) NON-COMMERCIAL KENNEL. Any person, partnership, or corporation maintaining an establishment where dogs are kept for the purpose of showing, fostering, or as a hobby, and which establishment is so constructed that the animals cannot stray and which maintains no more than eight animals. NON-COMMERCIAL KENNELS are not allowed on properties where they have been restricted by existing certain covenants and conditions (CCRS's).
KITTEN. Any feline younger than four months of age.
LIVESTOCK. Any member of the equine, bovine, ovine, caprine, or porcine species, including, but not limited to, bison, llamas, alpacas, vicunas, ostriches, emus, rheas, domesticated rabbits, and poultry. Any domesticated species raised for breeding, food, fiber, or other products.
MICROCHIP. A passive transponder which can be implanted in an animal and which is a component of a radio frequency identification system (RDIF). Such system must be compatible with a scanner used by the County Animal Control.
OWNED CAT. Any cat that is a companion to a person, is regularly fed, and sheltered in that same
person's habitation.
OWNER. Any person, partnership, company, or corporation owning, keeping, or harboring animals.
PERSON. An individual, partnership, company, or corporation.
PET. Any domesticated animal kept for pleasure rather than utility.
PET BIRDS. Any tamed or domesticated bird kept caged or within doors.
PET RODENTS. Any tamed or domesticated hamsters, gerbils, mice, or similar rodents which are kept as domesticated or tamed animals and kept caged or within doors at all times.
PET SHOP. Any person, partnership, or corporation engaged in the business of breeding, buying, selling at retail, or boarding of animals of any species not prohibited by law for profit making purposes.
POULTRY. All domesticated fowl and all game birds which are legally kept in captivity.
PUBLIC AREA. Any area in which the public may freely travel, either on foot, vehicle, or otherwise. PUBLIC AREAS of homes are the front of the property which contains the driveway, front porch and walkways for mail delivery and ingress-egress. Homes with no public ingress-egress must be fenced and posted, and mail received at a remote mailbox.
PUBLIC NUISANCE. Any animal(s), which engages in, but not limited to, the following activity:
(1) Molests passers-by or chases vehicles;
(2) Damages public or private property in any manner;
(3) Attacks people or other animals;
(4) Is excessively at large;
(5) Trespasses upon private property;
(6) Trespasses upon public or school grounds;
(7) Makes noise in an excessive, continuous, or untimely manner;
(8) Creates unsanitary conditions; or
(9) Disturbs the peace, comfort, or health of persons in any other manner.
PUPPY. Any domestic canine younger than four months of age.
QUALIFIED PERSON. Person granted a permit by the Secretary of Human Resources to vaccinate his own dog against rabies.
QUARANTINE. Consists of the animal being kept humanely confined in a secure enclosure which will not allow it to come in contact with any other animal or person.
REASONABLE HOURS. The normal business hours of any establishment or business regulated by this subchapter.
RESTRAINT. An animal shall be deemed to be under restraint if it is on the premises of its owner and not acting uncontrollably, or if accompanied by a responsible person and under that person's immediate control. Canines off property must be leashed. Community cats are exempt from restraint requirements.
SERVICE ANIMAL. Any guide dog, signal dog, or other animal individually trained to do work or perform tasks for the benefit of an individual who is deemed to be disabled under federal, state, or local law including, but not limited to, guiding individuals with impaired vision, alerting individuals with impaired hearing to intruders or sounds, and assisting non-ambulatory persons by pulling a wheelchair or fetching dropped items; and any trained animal used by a governmental agency in police and rescue work.
THEATRICAL EXHIBIT. Any exhibition or act featuring performing animals.
TRAP-NEUTER-RETURN (TNR). The method of managing community cats by humanely trapping, altering, vaccinating, ear tipping, and returning the community cat to the location where they were trapped where the community cats will be provided with long-term care by a caretaker.
VACCINATION. The injection by a veterinarian or other qualified person of rabies vaccine approved by and administered in accordance with the regulations of the State Board of Health.
VETERINARIAN. A licensed practitioner of veterinary medicine, accredited by the United States Department of Agriculture.
VETERINARY HOSPITAL. Any establishment maintained and operated by a licensed veterinarian for the diagnosis and treatment of diseases and injury to animals or for the boarding of animals in conjunction with a veterinary practice.
VICIOUS ANIMAL.
(1) (a) Any animal which when unprovoked, approaches in a terrorizing manner, any person in an attitude of attack upon streets, sidewalks, or any public grounds or places;
(b) Any animal which constitutes a physical threat to human beings or domestic animals due to an unprovoked attack or bite which results in serious bodily harm;
(c) Any animal which bites multiple times or to the extent of causing severe injury, and assaults or otherwise attacks human beings or domestic animals; or
(d) Any animal 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 or the attack results in the death of its victim.
(3) Any declared vicious animal from another jurisdiction will automatically be considered a vicious animal in the county.
(4) 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; or
(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 nursing young or livestock or the young of livestock in the field.
WILDLIFE. Any animal which occurs naturally in a wild state. This includes any animal which is part wildlife, such as a wolf-dog hybrid. This is not to include emus, ostrich, rheas (or other ratites), llamas, and alpacas, or domesticated bison, or any animal raised for agricultural purposes.
ZOOLOGICAL GARDEN. Any park or zoo operated by a person, partnership, private corporation, governmental agency, or foundation.
(Ord. KOC 04-840-184, passed 11-2-2004; Ord. KOC 12-840-138, passed 9-4-2012; Ord. KOC 19-840-504, passed 5-7-2019)