(A) Running at large and trespassing.
(1) Prohibited generally.
(a) Running at large. No owner of any livestock or proud bitch shall permit the same to run at large upon any street, alley or commons of the city.
(b) Trespassing. No owner or keeper of any livestock shall permit or suffer any such animal to enter or trespass upon the enclosed premises of any person within the city without permission.
(2) Owners to restrain dogs. Dogs which are kept in the city shall be kept within the confines of their residence property unless the owner(s) control(s) the animal(s) with a leash or other similar device at all times when the animal(s) are permitted to leave the residence property by the owner(s).
(3) Police to impound animals in violation, ascertain owner. It shall be the duty of any police officer to take possession of any animal found in violation of this section and confine it in the pound.
(B) Dangerous dogs.
(1) Definition. For the purpose of this division (B), the following definitions shall apply unless the context clearly indicates or requires a different meaning.
DANGEROUS DOG. Including any individual dog declared by a court to be a vicious dog or:
1. Any dog which bites, inflicts injury, assaults or otherwise attacks a human being without provocation on public or private property;
2. Any dog which has previously attacked or bitten a human being other than under circumstances deemed justifiable under definition of division 5. below;
3. Any dog certified by a doctor of veterinary medicine, after observation thereof; as posing a danger to human life or property if not kept in the manner required by this division (B) on the basis of reasonable medical probability;
4. Any dog which has been trained as an attack or guard dog, except such dogs which are employed by any law enforcement department within the commonwealth; or
5. Exceptions: an animal shall not be deemed dangerous or vicious solely because:
a. It bites or attacks:
i. Anyone assaulting its owner; or
ii. Any person who has tormented or abused it.
b. It is otherwise acting in defense of any attack from a person upon its owner or any other person; or
c. It is protecting or defending its young.
(2) Charging owner/keeper with harboring a dangerous dog. Any person who identifies a “dangerous dog”, as defined in division (B)(1) above, or anyone for such person, may make a complaint before the District Court, charging the owner or keeper of such dog with harboring a dangerous dog. A copy of such complaint shall be served upon the person so charged in the same manner and subject to the laws regulating the service of summons in civil actions directing that person to appear for a hearing of such complaint at a time fixed herein. If such person fails to appear at the time fixed, or if upon a hearing of the parties and their witnesses, the court finds the person so charged is the owner or keeper of the dog in question, and that the dog is established by the evidence to within the definitions of a dangerous dog set forth herein, the court shall order said owner to henceforth keep such dog securely confined by enclosed pen of sufficient strength to securely restrain the dog from being a public threat with such pen to comply with the section set out below or the court may order the dog to be destroyed. The owner or keeper of the dangerous dog may voluntarily destroy the dog or consent in writing to its destruction.
(3) Action for damages and confinement of a dangerous or vicious dog.
(a) It shall be unlawful for any person to keep or harbor within the city a dog determined by court order to be a dangerous dog under the city ordinance or a vicious dog under state statutes, unless it is at all times kept on the keeper/owner(s) or harborer’s property securely confined indoors or in a securely enclosed and locked outdoor pen, or shelter suitable to prevent the entry of young children and designed to prevent the dog from escaping. Such pen or structure must have minimum dimensions of five feet by ten feet and must have secure sides and a secure top. If it has no concrete, cement or asphalt bottom, the sides must be imbedded into the ground no less than two feet. The enclosure must also provide protection from the elements for the dog. A dangerous or vicious dog shall be transported to or from the indoors and securely enclosed and locked outdoor pen or shelter only if such dog is muzzled and restrained by a suitable chain or leash not exceeding six feet in length and made in a manner that it will not cause injury to the dog or interfere with its vision or respiration, but will prevent the dog from biting any person.
1. Dangerous or vicious dogs shall be permitted off the owner’s or harborer’s property only if such dogs are muzzled and restrained by a substantial chain or leash not exceeding six feet in length and under the control of a responsible adult. The muzzle must be made in a manner that will not cause injury to the dog or interfere with its vision or respiration, but must prevent the dog from biting any person or animal.
2. When any dog is required by this division (B) to be confined, it shall also be required that a conspicuous notice be posted at the place of confinement of such a nature as to warn the public of the nature of the dog therein confined.
3. No person under the age of 18 years shall be permitted to own, harbor or handle a dangerous or vicious dog.
(b) If any dangerous or vicious dog shall, when unprovoked, kill or wound or assist in killing or wounding any domestic animal belonging to or in the possession of any person or shall, when unprovoked, attack, assault, bite or otherwise injure any human being or assist in attacking, assaulting, biting or otherwise injuring any human being while out of the enclosure of the owner, keeper and/or harborer of the dangerous or vicious dog, or while otherwise off the property of the owner, keeper and/or harborer, whether or not the dangerous or vicious dog was on a leash and securely muzzled or whether the dangerous or vicious dog escaped without fault of the owner or keeper, the owner, keeper and/or harborer of the dog shall be liable to the person damaged, for all damage sustained to be recovered in a civil action with recovery for cost of the suit included.
(4) Insurance required. Owners of dangerous or vicious dogs must, within 30 days of the effective date of this division (B), provide proof to the City Clerk of public liability insurance in the amount of at least $50,000, insuring the owner for any personal injuries inflicted by the dangerous or vicious dog.
(5) Dog fighting; harboring. No person shall own/keep or harbor any dog for the purpose of dog fighting, or train, torment, badger, bait or use any dog for the purpose of causing or encouraging said dog to commit unprovoked attacks upon human beings or domestic animals. No person shall possess with intent to sell, or offer for sale, breed or buy or attempt to buy within the city any dangerous or vicious dog(s).
(6) Impoundment of dangerous dog. Any dog which bites a human being will be confiscated and placed in the county’s Dog Pound until the Court has reached a final disposition on the charge of harboring a dangerous or vicious dog. The impoundment is not to be less than a period of ten days as required by KRS 258.085; unless the keeper/owner and/or harborer have an up-to-date document showing that the dog has been vaccinated against rabies and are able to confine the dog as set out in division (A) above.
(Ord. 506-01, passed 2-19-2001) Penalty, see § 94.99