§ 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.   Any animal left more than twenty-four (24) hours without a person checking on the condition of the animal 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 Boone County which is designated by the Fiscal Court to enforce the provisions of this chapter and to operate the Boone County Animal Shelter.
   ANIMAL CONTROL OFFICER.   Any person designated by the Director of Boone County Animal Control who is qualified to perform duties under the laws and ordinances of the Commonwealth of Kentucky and Boone County.  An animal control officer shall be a law enforcement officer for the purposes of this chapter only.
   ANIMAL SHELTER.   Any premises operated or approved for operation by the Boone County Fiscal Court for the purpose of impounding and caring for animals held under the authority of this chapter.
   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.
   DAY.   For the purposes of this chapter, a twenty-four (24) hour period shall constitute a day.
   DIRECTOR OF BOONE COUNTY ANIMAL CONTROL.   The person appointed by the Boone County Judge Executive and approved by the Boone County Fiscal Court to be the Chief Animal Control Officer.
   DOMESTIC ANIMAL.   Such 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 person or organization operating from a fixed site and taking in or accepting stray or unwanted animals.
   IMPOUNDED.   Having been received into the custody of Boone County Animal Control or any authorized representative thereof.
   LIVESTOCK.   Cattle, sheep, swine, goats, emus, ostriches, horses or any other animals of the bovine, ovine, porcine, caprine, ratite or equine species.
   OWNER.   Any person, corporation or other entity owning, keeping, harboring or sheltering one or more animals.
   PERSON.   Shall mean and include all natural persons, corporations, partnerships, firms, associations, governmental bodies, agencies, and other entities.
   PET.   Domesticated animal kept for pleasure rather than utility.
   PUBLIC NUISANCE.   Any animal 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 or continuous or untimely fashion;
   (6)   Repeatedly urinates or defecates on property not belonging to the animal's owner or 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 (10) days.
   QUALIFIED PERSON.   Any person granted a permit by the Kentucky Department of Human Resources to vaccinate 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 such 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.  
   (A)   (1)   Any animal which constitutes a physical threat to human beings or domestic animals due to a known propensity to endanger life by an unprovoked assault or bite which resulted in serious bodily harm; or
      (2)   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; or
      (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; or
      (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; or
      (5)   Any animal owned or harbored primarily or in part for the purpose of fighting with animals.
   (B)   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.
   (C)   Exceptions.  An animal shall not be deemed vicious solely because:
      (1)   It bites, attacks or menaces
         (a)   Any person assaulting its owner
         (b)   Any person or animal who has tormented or abused it; or
      (2)   It is otherwise acting in defense of any attack from a person or other animal upon its owner or another person; or
      (3)   It is protecting or defending its young or the young of any other animal.
   WILD ANIMAL.   Any animal not domesticated, not ordinarily tame or which is by nature an animal that lives apart from human beings.
(Ord. 1995-13, passed 10-9-95; Am. Ord. 2003-09, passed 8-11-03)