CHAPTER 90: ANIMALS
Section
General Provisions
   90.01   Definitions
   90.02   Animals running at large
   90.03   Cruelty to animals in the second degree
   90.04   Dyeing or selling dyed chicks or rabbits
   90.05   Sale of animals during festivals
Dogs
   90.15   Confinement or control
   90.16   Barking dogs
   90.17   Dog wardens designated
   90.18   Vicious dogs
   90.19   Removal of dog excrement
 
   90.99   Penalty
Statutory references:
   Dogs, generally, KRS Ch. 258; dog and livestock protection, KRS 258.095 et seq.
GENERAL PROVISIONS
§ 90.01 DEFINITIONS.
   For the purpose of this chapter the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   ABANDON. Shall constitute the relinquishment of all rights and claims by the owner to the animal.
(KRS 257.100(4))
   AT LARGE. Off the premises of the owner, and not under the control of the owner or his or her agent either by leash, cord, chain, or otherwise.
   OWNER. Every person having a right of property to an animal and every person who keeps or harbors an animal, has it in his or her care, or permits it to remain on or about the premises owned or occupied by him or her.
(Am. Ord. 0-2011-016, passed 5-23-11)
§ 90.02 ANIMALS RUNNING AT LARGE.
   (A)   No person who is the owner of any animal shall permit it to run at large in any public road, highway, street, lane, or alley, or upon unenclosed land, or permit it to go on any private yard, lot, or enclosure without the consent of the owner of the yard, lot, or enclosure.
   (B)   The owner of an animal who permits it to run at large in violation of this section is liable for all damages caused by such animal upon the premises of another.
   (C)   Animals running at large will be subject to being tracked, properly caged and picked up by the city Animal Control Officer and then taken to the County Animal Shelter. Owners claiming the animal will be required to pay all applicable fees accessed by the animal shelter before being able to have their animal released. The animal shelter will then notify the city authorities of the owner’s name of the animal so that the city may access the applicable fine and penalty set under § 90.99 to the pet owner.
   (D)   Animal owners who are repeal offenders by having their animals running at large and picked up by the city Animal Control Officer more than one (1) time in a ninety (90)-day period will also access an additional five hundred dollar ($500.00) fine for each repeat offense during this time frame. This will be an additional penalty accessed on top of the fee and/or penalty set by § 90.99.
(Am. Ord. 0-2009-027, passed 1-11-10; Am. Ord. 0-2011-016, passed 5-23-11) Penalty, see § 90.99
Statutory reference:
   Seizure, impounding and destruction of dog lacking tag or other identification, KRS 258.215
§ 90.03 CRUELTY TO ANIMALS IN THE SECOND DEGREE.
   (A)   A person is guilty of cruelty to animals in the second degree when except as authorized by law he or she intentionally or wantonly:
      (1)   Subjects any animal to or causes cruel or injurious mistreatment through abandonment, participates other than as provided in division (B) in causing it to fight for pleasure or profit (including, but not limited to being a spectator or vendor at an event where a four-legged animal is caused to fight for pleasure or profit), mutilation, beating, torturing, any animal other than a dog or cat, tormenting, failing to provide adequate food, drink, space, or health care, or by any other means;
      (2)   Subjects any animal in his or her custody to cruel neglect; or
      (3)   Kills any animal, other than a domestic animal killed by poisoning. This division (A)(3) shall not apply to intentional poisoning of a dog or cat. Intentional poisoning of a dog or cat shall constitute a violation of this section.
   (B)   Nothing in this section shall apply to the killing of animals:
      (1)   Pursuant to a license to hunt, fish, or trap;
      (2)   Incident to the processing as food or for other commercial purposes;
      (3)   For humane purposes;
      (4)   For veterinary, agricultural, spaying or neutering, or cosmetic purposes;
      (5)   For purposes related to sporting activities, including but not limited to horse racing at organized races and training for organized races, organized horse shows, or other animal shows;
      (6)   For bona fide animal research activities of institutions of higher education,; or a business entity registered with the U.S. Department of Agriculture under the Animal Welfare Act or subject to other federal laws governing animal research;
      (7)   In defense of self or another person against an aggressive or diseased animal;
      (8)   In defense of a domestic animal against an aggressive or diseased animal;
      (9)   For animal or pest control; or
      (10)   For any other purpose authorized by law.
   (C)   Activities of animals engaged in hunting, field trials, dog training other than training a dog to fight for pleasure or profit, and other activities authorized either by a hunting license or by the Department of Fish and Wildlife shall not constitute a violation of this section.
(Am. Ord. 0-2011-016, passed 5-23-11) Penalty, see § 90.99
Statutory reference:
   Additional regulations regarding cruelty to animals, see KRS 525.130(1) -(3))
   Cruelty to animals in the first degree, a class D felony, see KRS 525.125
§ 90.04 DYEING OR SELLING DYED CHICKS OR RABBITS.
   No person shall sell, exchange, offer to sell or exchange, display or possess living baby chicks, ducklings, or other fowl or rabbits which have been dyed or colored; nor dye or color any baby chicks, ducklings or other fowl or rabbits; nor sell, exchange, offer to sell or exchange or to give away baby chicks, ducklings or other fowl or rabbits, under two (2) months of age in any quantity less than six (6), except that any rabbit weighing three (3) pounds or more may be sold at an age of six (6) weeks.
(Am. Ord. 0-2011-016, passed 5-23-11) Penalty, see § 90.99
Statutory reference:
   Dyeing or selling dyed chicks or rabbits, see KRS 436.600
§ 90.05 SALE OF ANIMALS DURING FESTIVALS.
   The offering for sale or sale of animals at a festival or event occurring for less than five (5) days is prohibited within the city limits except for businesses or individuals that operate and maintain in the year preceding the festival or event a licensed business in Pike County that sells animals on a regular and reoccurring basis.
(Ord. 0-2010-020, passed 10-11-10; Am. Ord. 0-2013-011, passed 5-13-13) Penalty, see § 90.99
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