§ 90.15  POWERS OF BOONE COUNTY ANIMAL CONTROL.
   (A)   The Director and all officers of Boone County Animal Control shall have the powers of a peace officer for the purpose of enforcing animal control laws and ordinances in the county, if they otherwise qualify as a peace officer under the laws of the Commonwealth of Kentucky.
   (B)   All officers of Boone County Animal Control shall comply with KRS 61.300.
   (C)   Whenever it is necessary for Boone County Animal Control to make an inspection in order to perform any duty or enforce any provision in this chapter or any other applicable state statute they are hereby empowered to enter such property at a reasonable time and inspect the premises.  Boone County Animal Control shall have the power only if the consent of the owner or occupant of the property is freely given, a search warrant is obtained or such exigent circumstances exist that a warrantless, non-consential search is required.
   (D)   All animals of any age, running at large as defined in this chapter, and found in Boone County, may be picked up by Boone County Animal Control and impounded in the animal shelter.  All animals of any age which have bitten or scratched a human being and which can not be properly quarantined or found not properly quarantined may be picked up by Boone County Animal Control and impounded in the animal shelter for any applicable quarantine period.  A law enforcement officer or animal control officer may order any animal which has bitten or scratched a human being to be quarantined at the animal shelter if the officer has reason to believe such animal is vicious or may pose a threat to the safety of the community. In the event an animal is impounded for a quarantine period, the owner shall be responsible for a reasonable fee for board, administration and medical attention during the impoundment.
   (E)   Any animal required to be licensed but found unlicensed or any animal, except cats,  whose owner is unknown shall be impounded for a minimum period of five (5) days unless it is earlier claimed by its owner.  If the animal is not claimed by its owner within five (5) days of impoundment, the animal may then be offered for adoption or may be euthanized at the discretion of the Director of Boone County Animal Control.  Any person claiming or reclaiming an animal pursuant to this section shall pay a reasonable fee for board, administration and medical attention for the animal during impoundment and obtain proper licensing for the animal, if applicable, from Boone County Animal Control.  Animal control shall make reasonable efforts to locate and inform the owner of any animal that the animal has been impounded.
   (F)   Any cat impounded in the Boone County Animal shelter shall be held for a minimum of three (3) days or unless it is earlier claimed by its owner.  If the animal is not claimed by its owner within three (3) days of impoundment, the animal may then be offered for adoption or may be euthanized at the discretion of the Director of Animal Control.  Any person claiming or reclaiming an animal pursuant to this section shall pay a reasonable fee for board, administration and medical attention for the animal during impoundment.
   (G)   When any licensed animal or animal whose owner is known, is impounded in the Boone County Animal Shelter, Animal Control shall notify the owner by certified mail, return receipt requested, within three (3) business days of impoundment. If the certified mail is returned undeliverable, the animal shall be held a minimum of fourteen (14) days from the date of impoundment, before the animal may be adopted or euthanized at the discretion of the Director of Animal Control.
   (H)   The registered owner shall reclaim the animal within ten (10) days of the receipt of notice of impoundment.  Any licensed animal or animal whose owner is known which is not reclaimed by its owner within ten (10) days of receipt of the notice of impoundment may then be offered for adoption or may be euthanized at the discretion of the Director of Boone County Animal Control.  Any person claiming or reclaiming an animal pursuant to this section shall pay to Boone County Animal Control a reasonable fee for board, administration and medical attention during the impoundment.
   (I)   An Animal Control Officer may choose to issue a misdemeanor notice in lieu of a uniform citation.  The misdemeanor notice will stipulate the violation observed, associated fee and compliance date. The misdemeanor notice shall allow up to but not exceed seven (7) days to correct the violation.  Should the violation not be corrected within the allotted time, then the notice shall serve as a uniform citation and the violating party shall report to Boone District Court at the designated court date and time.  If a violation is serious in nature, the Animal Control Officer may issue a uniform citation. All associated fees shall be paid to the Boone County Animal Shelter. Fifty percent (50%) of the violation fees collected shall be used to fund the Spay/Neuter Assistance Program.
   (J)   Any animal observed by a law enforcement officer or animal control officer to be in immediate danger may be removed from such situation by the quickest and most reasonable means available.
   (K)   In the event that any law enforcement officer or animal control officer witnesses a vicious animal, as defined, the animal may be impounded and the owner cited for violation of § 90.03(B) or § 90.05. If the owner is cited and the animal impounded, the animal shall remain in the custody of the animal shelter pending a decision by District Court, unless ownership is voluntarily relinquished to Animal Control.
   (L)   It shall be unlawful for any person or owner to interfere with, hinder, harass, or abuse any officer or individual authorized to enforce the provisions of this chapter.
   (M)   Any and all fees shall be set annually by the Director of Animal Control, including but not limited to , animal related licenses, adoption, boarding, administration, and violation fees.
(Ord. 1995-13, passed 10-9-95; Am. Ord. 2003-09, passed 8-11-03)
Statutory reference:
   Impounding, destruction of dogs; exemption of hunting dogs, see KRS 258.215