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The keeping of wild animals within any area of the county is hereby prohibited and declared to be unlawful. This section shall not apply to any zoological garden accredited by the American Association of Zoological Parks and Aquariums, appropriately licensed theatrical exhibits, carnivals or circuses, any authorized wildlife rehabilitation or licensed veterinary hospital for the purpose of treating injured animals, or any federally licensed research institution.
(1976 Code, § 4-4; Am. Ord. 97-24, passed 9-16-97)
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Cross reference:
Penalty for violation, see § 51.999
(A) Definitions. As used in this section unless the context otherwise requires:
(1) "FISHING." To take or attempt to take fish in any manner, and shall include the gigging or grabbing of fish, turtles and frogs.
(2) "GIGGING." The taking of fish, turtles or frogs by spearing or impaling on any pronged or barbed instrument attached to the end of a rigid object.
(3) "GRABBING." The taking of fish, turtles or frogs directly by hand or with the aid of a handled hook.
(4) "HUNTING." To take or attempt to take in any manner.
(5) "TAKE." Includes pursuing, shooting, hunting, trapping or snaring wildlife in any way and any lesser act designed to lure, attract or entice for these purposes; and to place, set, aim or use any device, animal, substance or agency which may reasonably be expected to accomplish these acts; or to attempt to do these acts or to assist any other person in the doing of or attempt to do these acts.
(6) "WILDLIFE." Any normally undomesticated animal, alive or dead, including without limitations any wild mammal, bird, fish, reptile, amphibian or other terrestrial or aquatic life, whether or not possessed in controlled environment, bred, hatched, or born in captivity and including any part, product, egg, or offspring thereof, protected or unprotected by this section.
(B) Activity prohibited.
(1) It shall be illegal for any person to set, use or maintain any trap or snare for the purpose of taking wildlife on any property owned by the city, including but not limited to city parks.
(2) It shall be illegal for any person to hunt by means of any gun, including any firearm which uses ammunition, black powder, air or other propelled discharge, or by means of any bow-and-arrow or cross-bow or other method for the purpose of taking wildlife on any property owned by the city, including but not limited to city parks.
(3) It shall not be unlawful to engage in fishing activities on any property owned by the city, including but not limited to city parks, however, said fishing activities must be performed in accordance with applicable Commonwealth of Kentucky wildlife regulations and any other applicable law.
(C) Impoundment. Any trap or snare set, used or maintained in violation of this section and any gun, including any firearm which uses ammunition, black powder, air or other propelled discharge, and any bow-and-arrow or cross-bow, used in violation of this section, may be subject to impoundment by the city until resolution of the matter, including any court proceedings, or until otherwise agreed to by the city. Additionally, any wildlife possessed or obtained in violation of this section may be subject to impoundment by the city until resolution of the matter, including any court proceedings, or until otherwise agreed to by the city.
(D) Exemption. Any city employee or person acting under the authority of the city shall be exempt from the prohibitions of this section, when acting for a legitimate governmental purpose to protect the health, safety or welfare of the citizens of the city.
(E) Penalty. Any person who violates the provisions of this section shall be guilty of a violation and shall be fined not less than one hundred dollars ($100.00) nor more than two hundred fifty dollars ($250.00) per violation. Each trap set, used or maintained and each discharge of a gun, including any firearm which uses ammunition, black powder, air or other propelled discharge, and including bow-and-arrow and cross-bow, shall be a separate offense.
(Ord. 2012-2, passed 2-14-12)
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Statutory reference:
Traps, tagging of traps and penalty provisions, see KRS 150.010, 150.400, 150.410, 150.990
ARTICLE IV. ENFORCEMENT
(A) Any peace officer, or any enforcement officer so authorized, may issue a citation, or secure a criminal complaint, specifying the section or sections of this chapter violated, and indicate the specific nature of the violation, to any person violating any provisions of this chapter. If the charge is by citation or criminal complaint, the owner or keeper is obligated to appear to answer the charges specified at the Bourbon County District Court at the time and place indicated.
(B) This section is in addition to KRS 525.125 or KRS 525.130 and does not preclude appropriate authorities or individuals from filing criminal charges under those statutes, which relate to cruelty to animals.
(Ord. 97-24, passed 9-16-97)
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Cross reference:
Penalty for violation, see § 51.999
(A) Any person who violates the provisions of §§ 51.006 or 51.202, shall, upon conviction, be subject to a fine of not more than one thousand dollars ($1,000.00), or imprisonment for a term not to exceed twelve (12) months, or both, for each offense. Each offering or giving away of an animal under the provisions of § 51.006 shall be deemed a separate offense.
(B) Any person who violates the provisions of this chapter for which no other penalty is specifically provided shall, upon conviction, be fined not more than five hundred dollars ($500.00), or confined in the Bourbon County Detention Center for not more than ninety (90) days, or both, in the discretion of the court. Any fines, less the court cost, shall be payable to the Bourbon Animal Shelter for the operation of the animal shelter.
(C) Any person who commits a violation of this chapter for a second time within any five (5) year period shall be subject to a fine of not more than one thousand dollars ($1,000.00), or imprisonment for a term not to exceed twelve (12) months, or both, for each offense.
(Ord. 97-24, passed 9-16-97; Am. Ord. 2009-9, passed 7-28-09)