[ SHOWGSD-L ] NOT GOOD! LOUISVILLE KY draft #7
- From: "Ginger Cleary" <cleary1414@xxxxxxxxxxx>
- To: "Showgsd-L@Freelists. Org" <showgsd-l@xxxxxxxxxxxxx>
- Date: Sat, 10 Jun 2006 10:29:47 -0400
-----Original Message-----
BSL and Insurance back in, limits now in, more dogs on
BSL list now. Up to 8 I think. How many more will
they add. This is DEFINATELY getting worse instead of
better. Secret meeting between the ARs to get this
"draft" done, only 4 members of the task force
allowed. We are loosing ground. The dog clubs need
to step up and be counted. AADR club rep is there,
ADBA where is your club rep. UKC where is your club
rep. Without help we will loose.
Draft #7 - as of 6 June 2006
Ordinance No. __________, Series 2006
AN ORDINANCE AMENDING AND REENACTING CHAPTER 91 OF THE
LOUISVILLE/JEFFERSON COUNTY METRO GOVERNMENT CODE OF
ORDINANCES [LMCO] PERTAINING TO ANIMAL CONTROL AND
WELFARE [COMMITTEE SUBSTITUTE].
Sponsored By: _____________________________
BE IT ORDAINED BY THE LEGISLATIVE COUNCIL OF THE
LOUISVILLE/JEFFERSON COUNTY METRO GOVERNMENT [THE
COUNCIL] AS FOLLOWS:
SECTION I. LMCO Chapter 91 is hereby amended and
reenacted to read as follows:
§ 91.001 DEFINITIONS.
For the purpose of this chapter, the following
definitions shall apply unless the context clearly
indicates or requires a different meaning.
ANIMAL. Any non-human living creature, domestic or
wild, including livestock, poultry, pet rodents, pet
birds and vermin.
ANIMAL CONTROL. See METRO ANIMAL SERVICES
ANIMAL CONTROL OFFICER. Persons designated by the
Metro Government as the primary enforcement officers
of ordinances regulating animals and owners of
animals, and for the enforcement of sections of the
Kentucky Revised Statutes pertaining to the cruelty to
animals.
ANIMAL DEALER. Any person engaging in the business
of buying and/or selling any animal or animals for the
purpose of resale to pet shops, research facilities,
another animal dealer, including the sale of any
animal from any roadside stand, booth, flea market or
other temporary site. (Persons buying or selling
animals fit and destined for human consumption and
person involved in the sale of an occasional litter or
animal on a random basis are not included in this
definition). Animal dealers are also subject to the
provisions of §§ 91.050 through 91.062 and 91.078 of
this chapter
ANIMAL-DRAWN VEHICLE. Vehicles with four or more
wheels.
ANIMAL SHELTER. Any premises designated and/or
operated by the Metro Government for the purpose of
impounding and caring for animals held under authority
of this chapter.
HUMANE SOCIETY ANIMAL WELFARE GROUP Any organization
existing for the purpose of the prevention of cruelty
to animals and incorporated under the laws of the
Commonwealth of Kentucky
APPROVED RABIES VACCINE. Any vaccine approved as
effective by the Kentucky Department for Human
Resources for protecting an animal from contracting
rabies.
AT-RISK DOG. An at-risk dog is one which:
(1) menaces, chases, displays threatening or
aggressive behavior, or otherwise threatens or
endangers the safety of any person; or
(2) causes physical injury to any domestic animal
while not under restraint; or
(3) is found not under restraint.
ATTACK. An unprovoked attack in an aggressive manner
on a human that causes a scratch, abrasion, or
bruising, or on a domestic animal that causes death or
injury that requires veterinary treatment.
BOARDING KENNEL or CATTERY. Any establishment where
dogs, cats, puppies, or kittens are kept for the
purpose of boarding for any part of a 24-hour period.
This includes veterinary hospitals and clinics or
grooming shops that advertise boarding services other
than for treatment, diagnostic, or recuperative
purposes, or for grooming.
BOARDING STABLE. Any facility for boarding, livery,
training or riding school or any facility which
maintains horses or ponies, mules, donkeys or burros
for the purpose of housing, feeding, riding, training,
driving or riding lessons, whether gratuitously or for
a fee and/or which advertises these services by the
use of a sign, billboard or by placing an
advertisement in newspapers, on bulletin boards or in
any other publication excluding licensed pari-mutuel
facilities.
BONA FIDE FARMING OPERATION. The operation and
maintenance of a farm, situated on ten contiguous
acres or more of land used for the production of
livestock, poultry, poultry products, dairy, dairy
products, or horticulture products or for the growing
of crops such as, but not limited to, tobacco, corn,
soybeans and wheat.
CAT. Any domestic feline four months of age or
older.
CIRCUS. A resident or non-resident variety show
which features animal acts. A circus shall not include
resident or non-resident dog and cat shows sponsored
and/or sanctioned by the American Kennel Club, the
United States Kennel Club, the American Cat Fanciers
Association, the Cat Fanciers Association or any
affiliate thereof, nor shall it include any primary
horse show.
CLASS A KENNEL or CATTERY. Any establishment where
dogs and/or puppies or cats and/or kittens are kept
for the primary purpose of breeding, buying, or
selling such animals and which establishment is so
constructed that the dogs, puppies, cats, and kittens
cannot stray therefrom. The Class A Kennel or Cattery
license shall apply to up to ten dogs or cats and
shall require an additional Class A Kennel or Cattery
license for each increment of up to ten dogs or cats.
CLASS B KENNEL or CATTERY. Any establishment where
dogs, puppies, cats, or kittens are kept for the
primary purpose of showing (including but not limited
to field trial competition, hunting trial competition,
herding, conformation, and obedience competition) and
which establishment is so constructed that the dogs,
puppies, cats, and kittens cannot stray therefrom.
The primary purpose shall be determined by verifying
the participation of one or more of the housed animals
in a sanctioned competition in the preceding 12
months. The license shall apply to up to ten animals.
Animals in excess of ten shall be licensed
individually.
CLASS C KENNEL or CATTERY. Any establishment where
dogs or puppies are kept for the primary purpose of
training for guard, sentry, field, obedience, whether
gratuitously or for a fee. A Class C Kennel may also
offer boarding services if the boarding occurs at the
same location with no additional boarding kennel
license required.
CRUELTY. Failing to provide adequate food and water;
failing to detect the need for or withholding
veterinary care; creating or allowing unhealthful
living conditions; infliction of pain, injury, or
death to an animal by striking, beating, dropping,
kicking, dragging, choking, or by the use of an object
or weapon; causing pain, injury, or death by means of
caustic, flammable, boiling, or heated substances;
causing suffering, injury, or death by suffocation or
drowning; failure to provide health related grooming.
DANGEROUS ANIMAL. Any warm-blooded mammal which is
known to carry or be susceptible to the rabies virus
and which cannot be effectively vaccinated against
that virus with any vaccine approved by the Kentucky
Department of Human Resources. A dangerous animal
includes any hybrid animal or any pet wildlife which
has attacked a human or which is apprehended or
observed unrestrained.
DANGEROUS DOG. Except as exempted in § 91.110(B) a
dangerous dog is:
(1) Any dog, which when unprovoked, in an aggressive
manner commits a severe attack on any person or
inflicts death or serious injury to any person; or
(2) Any dog which maims or kills domestic animals
when not under restraint; or
(3) Any dog which is used in the commission of a
crime including, but not limited to dogfighting,
threatening or menacing, or guarding the conduct of
unlawful activity; or
(4) Any dog which is declared by the director to be a
dangerous dog under the procedures set forth in this
Chapter.
DIRECTOR . The Director of Louisville/Jefferson
County Metro Animal Services
DOG. Any domestic canine four months of age or
older.
DOMESTIC. Any animal whose physiology has been
determined or manipulated through selective breeding
and does not occur naturally in the wild, and any
animal which may be vaccinated against rabies with an
approved rabies vaccine, and any animal which has an
established rabies quarantine observation period.
DWELLING UNIT. Either a single room or two or more
connected rooms sold or leased as a unit and intended
for occupancy by one or more persons, and which at a
minimum contains sleeping, toilet and bathing
facilities which are accessed independently from any
similar such facilities in the same building. This
term includes hotel or motel rooms, extended stay
lodging facilities, nursing home rooms and assisted
living units.
ENCLOSURES.
(1) ENCLOSURES FOR DOGS AND PUPPIES.
(a) Enclosures for dogs and puppies shall be a
fence or structure of sufficient height and
construction to prevent the animal from leaving the
owner's property. The fence or structure must be in
good repair and fit to ground level or a fabricated
structure that prevents the animal from digging out.
Gates and doors must fit properly and must be locked
or secured by a latch that prevents the animal from
opening the gate or door.
(b) Property enclosed by a buried wire which
produces a signal received by a device attached to a
collar worn by the dog or puppy which prevents the
animal from leaving the property of the owner will be
considered a proper enclosure, provided the device and
signal are working and the animal does not leave the
property unrestrained. Such property must be clearly
marked with a sign prescribed by the Division MAS,
posted next to the driveway or entry to the property.
The enclosure must contain proper shelter from the
weather. This type of enclosure is not acceptable for
a female in heat, for pit bull dogs, dangerous dogs,
or potentially dangerous dogs. An unrestrained dog(s)
that attacks a dog restrained by this method may not
be charged with being a POTENTIALLY DANGEROUS DOG as
defined in this chapter.
(2) ENCLOSURES FOR POTENTIALLY DANGEROUS DOGS AND
DANGEROUS DOGS. Enclosures for potentially dangerous
dogs and dangerous dogs shall be an uncovered fence or
structure at least seven feet in height, installed
beneath ground level or in concrete or pavement, or a
fabricated structure, to prevent digging under it, and
with a gravel or concrete floor, sufficient in size to
allow the dog to stand, sit, and turn around in a
natural position, and which allows for an adequate
exercise area for the size/breed being kept. Either
enclosure shall be designed to prevent the entry of
children or unauthorized persons and to prevent those
persons from extending appendages inside the
enclosure. The enclosure must contain proper shelter
from the weather. A ?DANGEROUS DOG? sign prescribed
by the Division MAS must be posted at the entry to the
property.
EXOTIC SPECIES. Any animal born or whose natural
habitat is outside the continental United States
excluding non-venomous reptiles and fish.
KITTEN. Any domestic feline younger than four months
of age.
LICENSE FACILITY. Any facility and/or business
operation or person designated by the Metro Government
pursuant to § 91.020 of this chapter to issue licenses
required by this chapter and/or provide applications
thereto.
LIVESTOCK. Horses, stallions, colts, geldings,
mares, fillies, ponies, sheep, rams, lambs, bulls,
bullocks, steers, heifers, cows, calves, mules, jacks,
jennets, burros, goats, kids, swine and confined and
domesticated hares and rabbits.
METRO ANIMAL SERVICES or MAS. Louisville/Jefferson
County Metro Government Department of Animal Services.
METRO COUNCIL. Legislative Council of the Metro
Government.
METRO GOVERNMENT. Louisville/Jefferson County Metro
Government.
MICROCHIP. A passive transponder which can be
implanted in an animal and which is a component of a
radio frequency identification (RFID) system. Such
system must be compatible with a scanner used by the
Division MAS.
NUISANCE. Any act of an animal or its owner that
irritates, perturbs or damages rights and privileges
common to the public or enjoyment of private property
or indirectly injures or threatens the safety of a
member of the general public. By way of examples and
not of limitation, the commissions on the following
acts or actions by an animal or by its owner or
possessor shall hereby being declared a nuisance:
(1) Allowing or permitting an animal to habitually
bark, whine, howl, mew, crow or cackle in an excessive
or continual fashion or make other noise in such a
manner so as to result in a serious annoyance or
interference with the reasonable use and enjoyment of
neighboring premises.
(2) Allowing or permitting an animal to damage the
property of any person other than its owner or
caretaker, including to but not limited to getting
into or turning garbage containers or damaging
gardens, flowers, plants or other real or personal
property or leaving fecal material on the property of
another person.
(3) Allowing or permitting an animal to molest,
chase, snap at, attack or attempt to attack
passers-by, vehicles, other domestic animals or
livestock.
(4) Allowing or permitting an animal to habitually or
continually roam or be found on property of other than
its owners or caretakers, trespassing school grounds,
parks or the property of any person.
(5) Allowing or permitting an animal to be housed or
restrained less than fifteen (15) feet from a public
street, road, sidewalk or access and, in the
discretion of the animal control officer, poses a
threat to the general safety, health and welfare of
the general public.
(6) Allowing or permitting an animal to be maintained
in an unsanitary condition so as to be offensive to
sight or smell.
(7) Allowing or permitting an animal to habitually
charge in an aggressive manner a fence separating from
another property when the usual residents are taking
pleasure in such property without provoking such
animal.
OWNER. Any person owning, keeping or harboring
animals in Jefferson County.
PERSON. An individual, partnership, association,
company, firm, business or corporation.
PET BIRDS. Any tamed or domesticated bird kept caged
or within doors.
PET RODENTS. Hamsters, gerbils, wood- chucks, mice
or similar rodents which are kept as domesticated or
tamed animals and which are kept caged or within doors
at all times.
PET SHOP. Any person engaged in the business of
breeding, buying, selling at retail or as a broker of
animals of any species for profit-making purposes.
PIT BULL DOG. Means and includes any of the
following dogs of any age:
(1) The Staffordshire Bull Terrier breed of dogs;
and
(2) The American Staffordshire Terrier breed of
dogs; and
(3) The American Pit Bull Terrier breed of dogs; and
(4) The Dogo Argentino breed of dogs; and
(5) The Dogue de Bordeaux breed of dogs; and
(6) The Presa Canario breed of dogs; and
(7) The Cane Corso breed of dogs; and
(8) Dogs that have the appearance and
characteristics of being predominantly of the breeds
of dogs known as Staffordshire Bull Terrier, American
Staffordshire Terrier, American Pit Bull Terrier,
Dogo Argentino, Dogue de Bordeaux, Presa Canario, and
Cane Corso, and that conform to the standards
established by the American Kennel Club for
Staffordshire Bull Terriers, American Staffordshire
Terriers, American Pit Bull Terriers, and for breeds
known as Dogo Argentino Dogue de Bordeaux, Presa
Canario, and Cane Corso.
POTENTIALLY DANGEROUS DOG. Except as exempted in §
91.110(B) a potentially dangerous dog is:
(1) Any dog which, when unprovoked, in an aggressive
manner bites, scratches, or bruises any person.
(2) Any unrestrained dog which, when unprovoked,
bites, injures, or kills another domestic animal while
that animal is restrained in compliance with this
chapter.
(3) Except as exempted in § 91.110(B) Any dog
which is declared by the Director to be a potentially
dangerous dog under the procedures set forth in this
Chapter..
POULTRY. All domesticated fowl and all game birds
which are legally kept in captivity.
PUPPY. Any domestic canine younger than four months
of age.
QUALIFIED PERSON. Any veterinarian or other person
granted a permit by the Division MAS to vaccinate
their own dogs or cats against rabies.
QUARANTINE. Humane confinement of an animal in a
secure enclosure which enclosure prevents the animal
coming into unplanned contact with any other animal or
human being.
REASONABLE HOURS. The normal business hours of any
establishment or business regulated by this chapter.
RESTRAINT. (1) For all animals except puppies and
dogs, RESTRAINT shall mean on the premises of the
owner or, if off the premises of the owner, under
restraint by means of a lead or leash and under the
control of a responsible person.
(2) For puppies and dogs, RESTRAINT shall mean on
the premises of the owner and confined in a secure
enclosure as previously defined, or accompanied by the
owner on the owner's property and under his/her direct
control. If off the premises of the owner, the animal
must be restrained by a lead or leash and under the
control of a responsible person physically able to
control the dog or except for pit bull dogs, dangerous
dogs, and potentially dangerous dogs, accompanied by a
responsible person into an enclosed "off-leash" area
designated by the Kentucky Department of Parks and in
conformance with all regulations and/or requirements
imposed as a condition of utilizing such "off-leash"
area by such Department of Parks, or its designee.
(a) It is prohibited to exclusively restrain a dog
or puppy by a fixed-point chain or tether. A
fixed-point restraint may be used temporarily but not
to exceed one (1) hour in a twenty-four (24) hour
period.
(b) A dog may be exclusively restrained by a chain
or tether provided that it is at least ten (10) feet
in length and attached to a pulley or trolley mounted
on a cable which is also at least ten (10) feet in
length and mounted no more than seven (7) feet above
ground level.
(c) Any tethering system employed shall not allow
the dog or puppy to leave the owner's property.
(d) No chain or tether shall weigh more than 1/8 of
the dog or puppy's body weight.
(e) Any chain or tether shall be at least ten (10)
feet in length and have swivels on both ends.
(f) Any chain or tether must be attached to a
properly fitting collar or harness worn by the animal.
(3) In addition to the requirements of Section 2,
above, under this definition, RESTRAINT for pit bull
dogs, dangerous dogs, and potentially dangerous dogs
shall mean:
(i) that such dogs are at all times securely
muzzled when off the premises of the owner. The
muzzle shall be made in such a manner that will not
cause injury to the dog or interfere with its vision
or respiration, but shall prevent it from biting any
human or other animal; and
(ii) that owners of such dogs shall not allow the
dog to be outside an enclosure as defined in this
chapter unless the dog is confined to a secure cage,
or is chained, leashed, and is muzzled, and is under
the control of a person physically able to restrain
the dog.
(iii) that a lead or leash for a pit bull dog shall
not exceed four feet in length.
(4) Other standards and
requirements for restraining dogs shall be as set
forth in § 91.051.
(3) (5) All livestock weighing more than 40 pounds,
except horses, stallions, colts, geldings, mares,
fillies, ponies, miniature horses, mules, jacks,
jennies, goats, kids and sheep, must be kept on tracts
or lots of at least .5 acres or more.
(4) (6) Horses, stallions, colts, geldings, mares,
fillies, mules, jacks and jennies must be kept on an
individual tract, lot, or parcel (as defined in the
Land Development Code) of at least one acre or more;
except that the Louisville Zoo, the
Louisville/Jefferson County Metro Police Department
and the Kentucky Derby Museum shall be exempt from
this requirement.
(5) (7) All livestock shall be confined by a fence
in good repair sufficient to prevent the animal(s)
from leaving the owner's property. Livestock found
not restrained by a fence in good repair and which
present a threat to public safety may be removed and
the owner charged with a violation of this section.
(6) (8) All crowing and non-crowing poultry must be
kept on tracts or lots of at least .5 acres or more,
unless a tract or lot is on less than .5 acres and
only houses five or less non-crowing poultry, and no
more than one crowing poultry in accordance with the
remainder of this subsection. All crowing and
non-crowing poultry shall be kept in a fence or
structure of sufficient height and construction to
prevent the animal(s) from leaving the owner's
property. The fence or structure must be in good
repair. All gates or doors to the fence or structure
shall fit properly and shall be locked or secured by a
latch.
SECRETARY. The Secretary of the Louisville/Jefferson
County Metro Government Cabinet for Public Works and
Services.
SEVERE ATTACK. An unprovoked attack in an aggressive
manner upon a human in which the victim suffered a
bite(s) or was shaken violently, and which caused
serious physical trauma or death.
THEATRICAL EXHIBITION. Any exhibition or act
featuring performing animals. Such exhibitions shall
not include resident or non-resident dog and cat shows
which are sponsored and/or sanctioned by the American
Kennel Club, the United States Kennel Club, the Cat
Fanciers Association, American Cat Fanciers
Association or any affiliate thereof nor shall it
include any primary horse show.
UNALTERED ELEPHANT. Any elephant that has not been
spayed or neutered
UNFIT FOR PURCHASE. Any disease, deformity, injury,
physical condition, illness or any defect which is
congenital or hereditary and which would adversely
affect the health of the animal, or which was
manifest, capable of diagnosis or likely to have been
contracted on or before the sale and delivery of the
animal. For purposes of this chapter, veterinary
findings of internal and external parasites shall not
be grounds for declaring the animal unfit for purchase
unless the animal is clinically ill due to such
condition. An animal shall not be found unfit for
purchase on account of injury sustained or illness
contracted subsequent to the consumer's taking
possession thereof.
VACCINATIONS. The injection by a veterinarian or
other qualified person of rabies vaccine approved by
and administered in accordance with the regulations of
the Kentucky State Board of Health.
VETERINARIAN. A licensed practitioner of veterinary
medicine, accredited by the Kentucky Board of
Veterinary Examiners.
VETERINARY HOSPITAL. Any establishment maintained
and operated by a licensed veterinarian on the
premises for the diagnosis and treatment of diseases
and injury to animals and/or for the hospitalization
of animals for diagnostic or recuperative purposes.
WILDLIFE. Any animal which occurs naturally in a
wild state. This includes any animal which is part
wildlife.
ZOOLOGICAL GARDEN. Any park or zoo operated by a
person or private corporation, but excluding any
governmental agency or foundation..
§ 91.002 RESTRAINT REQUIRED.
All animals shall be kept under restraint at all
times, as defined in this chapter, except as otherwise
provided herein, and any deviation or violation
thereof is strictly prohibited.
§ 91.003 CONFINEMENT OF ANIMAL IN HEAT.
Every female dog or cat in heat shall be confined in
a building or secure enclosure in such manner that
such female dog or cat cannot come into contact with
another animal except for a planned breeding.
§ 91.004 OWNER TO CONTROL ANIMALS; NUISANCES
PROHIBITED.
No owner shall fail to exercise proper care and
control of his or her animals so as to prevent the
following actions: excessive or continuous barking,
crowing, or howling, molesting of passersby, chasing
of vehicles, attacking domestic animals, trespassing
upon school grounds or private property, or damaging
property of any nature animal from constituting a
nuisance as defined in this Chapter.
§ 91.005 EXHIBITION OF WILD OR VICIOUS ANIMALS.
No person or private corporation shall keep, or
permit to be kept, on his premises any wild or vicious
animal for display or for exhibition purposes, whether
gratuitously or for a fee. This chapter shall not be
construed so as to apply to a zoological garden,
theatrical exhibition, or circus, as defined in §
91.001 of this chapter.
§ 91.006 NON-APPLICABILITY TO NON-RESIDENTS.
Sections 91.001 through 91.097 requiring a license
shall not apply to non-residents of Jefferson County
who are keeping or harboring only domestic pets,
provided that animals of such owners shall not be kept
in Jefferson County longer than 30 days and that the
animals shall be kept under restraint. No
non-resident shall, however, keep any pet in Jefferson
County over the age of four months that has not been
vaccinated against rabies with an approved rabies
vaccine.
§ 91.007 INTERFERENCE WITH ENFORCEMENT PROHIBITED.
No person shall in any manner interfere with, hinder,
molest, or abuse any officer or individual authorized
to enforce the provisions of this chapter.
§ 91.008 KEEPING OF WILDLIFE.
(A) No person may possess:
(1) Any nonhuman primate.
(2) Any venomous or poisonous reptile, amphibian, or
insect. Venomous reptiles which were in private
possession prior to March 10, 1988 may be retained by
the owner but may not be transferred. The owner shall
be responsible to provide proof that the specimens
were in the owner's possession at the time of passage.
Each venomous reptile must be registered with the
Division MAS. Each owner must apply for, and receive,
a permit from the Division MAS allowing retention of
the specimens. Each animal must be provided adequate
space and diet, and a clean and healthful environment.
Each permit shall include all specimens kept and must
be renewed each July 1.
(B) Any person possessing wildlife of the orders
listed in subsection (C), in addition to all other
requirements of this chapter must comply with the
following regulations:
(1) Obtain a permit from the State Department of
Fish and Wildlife Resources where required by state
statute.
(2) Apply to and receive from the Division MAS a
permit for each animal. Each permit must be renewed
every July 1 and is not transferable.
(3) Each permit application must be accompanied by a
health certificate from a veterinarian stating that
the animal is free of symptoms of infectious disease
or is under treatment. A new health certificate must
be provided each time the permit is renewed. If there
is an approved rabies vaccine available for the
species being kept, proof of a valid vaccination must
be presented annually with the health certificate.
(4) Before the permit can be issued, the facility
where the animal is to be kept must be inspected by
the Division MAS. Each enclosure must provide
adequate exercise area and sleeping quarters. Proper
temperature control and ventilation for the particular
species must be provided in both areas. Each
enclosure must be kept locked and designed so that no
one can enter or place appendages in the enclosure.
Each enclosure must be constructed so as to prevent
the animal from escaping. Each enclosure must be kept
in good repair to prevent both escape and injury to
the animal. Each enclosure must have a water
container which is secured so as to prevent its being
overturned. Each enclosure must be disinfected daily.
Surfaces must be of an impervious material to allow
for disinfecting. Owners keeping wildlife as pets
inside their residence are not required to provide for
the requirements of subsection (B)(4), except that
there must be separate sleeping quarters. The animals
must remain in the owner's home or in the prescribed
enclosure, if outdoors. If transported to the
veterinarian, it must be kept in an escape-proof cage.
(5) Each animal must be provided with continuous
clean water and must be fed a minimum of twice per day
a diet approved by a veterinarian.
(6) Any animal which has bitten or scratched someone
must be immediately surrendered to the Division MAS
for euthanasia and testing by the Department of
Health. A live test approved by the Department of
Health may be substituted for euthanasia.
(7) Any person who sells or trades these animals
must, in addition to the above regulations, obtain an
animal dealers license.
(C) Orders regulated by this section (examples
provided in parentheses). For the purposes of this
chapter, animals included in these regulations
promulgated by the Division MAS shall include the
European Polecat (ferret) or any hybrid animal which
is part wildlife:
(1) Marsupials (Opossums, kangaroos, etc.);
(2) Chiroptera (bats);
(3) Endentata (anteaters, armadillos);
(4) Rodentia (porcupines, squirrels); and
(5) Carnivora (wolves, lions, bears, skunks,
raccoons, ferrets).
(D) This chapter does not apply to domestic dogs,
puppies, cats, kittens or gerbils, hamsters, or guinea
pigs or domestic rats or mice.
(E) No owner or person shall show or display in
public, whether gratuitously or for a fee, any
reptile, amphibian, or any order of wildlife regulated
by this chapter unless the owner or person has
obtained the appropriate license.
(F) The standards set forth in this chapter also do
not apply to:
(1) Any zoological garden accredited by the American
Association of Zoological Parks and Aquariums;
(2) Appropriately licensed theatrical exhibitions or
circuses;
(3) Federally licensed research institutions;
(4) Any government agency or its employees who use
the animals for an agency related education,
propagation or behavior program; or
(5) Anyone holding a valid rehabilitation permit
from the State Department of Fish and Wildlife
Resources, but only for animals that are in
rehabilitation and scheduled to be released to the
wild.
(G) Any owner of any type of swine which is kept as a
pet and is not part of an agriculture livestock
production operation shall have the animal(s)
implanted with a microchip identification. The owner
shall also register that identification information
with the Division MAS and obtain a Swine Permit.
§ 91.009 KEEPING OF DANGEROUS ANIMALS PROHIBITED.
No dangerous animal as defined in this chapter shall
be kept within Jefferson County.
§ 91.010 FEE SCHEDULE.
(A) Effective dates. The fee schedule set forth in
this section is the amended initial schedule of fees
which shall be effective on the first day of the month
following the month in which §§ 91.001 through 91.097
are adopted effective date of the ordinance amending
and re-enacting this Chapter 91. Proposed amendments
to this schedule may be submitted at any time by the
Director of the Department of Public Protection, or
the Director of any Cabinet, Department, Division or
other unit of Metro Government to which the Division
of Animal Control and Protection has been assigned.
The fee schedule, in whole or in part, may be amended
by the Director with the approval of the Metro
Council. Any new or revised fees will become effective
on the first day of the month following the month in
which the an amended fee schedule is adopted approved
by the Metro Council.
(B) Exemption. No license or permit shall be
required for any veterinary hospital which does not
advertise boarding services, municipal animal control
facility, university-operated medical research
facility, or governmental-operated zoological garden.
No license or fee is required of any certified
physical assistance dog; documentation of the
certificate shall be supplied upon request.
(C) Animal Control Building Fund. Pursuant to KRS
68.125, there is hereby established a separate
building fund to be known as the "Animal Control
Building Fund" for the future building needs of Metro
Government Animal Control and Protection Services
(MAS). The Department of Finance shall create a
separate account for said fund into which shall be
deposited $1 collected by Animal Control MAS or other
license facility for the issuance of each license and
$5 from each violation and control notice fee
collected by the Division MAS. Any donations or
bequests received from the public for the future
building needs of Animal Control MAS shall also be
deposited in this account. This fund shall become
effective the first day of the month following the
adoption of this chapter. The amount of said fees
contributed to the fund shall remain in effect until
amended by the Metro Council.
(D) Animal control and protection Metro Animal
Services fee schedule [NOTE: The fee schedule is under
revision and to be submitted by the Administration].
§ 91.011 SANITARY DISPOSAL OF ANIMAL FECES REQUIRED.
(A) It shall be unlawful for any owner or person in
charge of a dog, cat, or other four-footed mammal,
poultry or other fowl to permit such animal to be on
school grounds, metro parks or other public property,
or on any private property other than that of the
owner or person in charge or control of such animal
without the permission of the owner of said property,
or on any streets, sidewalks, highways, or
rights-of-way of the Metro Government other than duly
designated bridle paths, without the owner or person
in charge of such animals to have in his or her
possession, a suitable device for the picking up,
collection and proper sanitary disposal of the animal
feces or manure. Equine animals being used for
recreational purposes are exempt.
(B) It shall be unlawful for the owner or person in
charge of a dog or cat, or other four-footed mammal,
poultry or other fowl to permit or allow such animal
to excrete manure or feces on school grounds, metro
parks or other public property, or on any private
property other than that of the owner or person in
charge or control of such animal without the
permission of the owner of said property, or on any
streets, sidewalk, highways, or rights-of-way of the
Metro Government other than duly designated bridle
paths, unless the owner or person in control of such
animal immediately removes all feces deposited by such
animal and disposes of same in a sanitary manner.
Equine animals being used for recreational purposes
are exempt.
(C) This section shall not apply to blind or visually
impaired persons accompanied by a "seeing eye" dog
used for their assistance.
LICENSES, PERMITS AND VACCINATIONS
§ 91.020 DOG AND CAT LICENSES.
(A) Effective upon passage of this chapter and from
that day forward, every owner of an animal who resides
or whose animal resides in Jefferson County and who is
regulated by this chapter shall apply to the Division
MAS or a license facility designated by the Mayor, for
the appropriate license. Individual dog and cat
licenses shall be issued in conjunction with a valid
rabies vaccination certificate. and shall be valid for
one year from the date of that vaccination and must be
renewed annually during that same month. Licenses and
rabies vaccinations shall be required for each dog or
cat four months of age or older. License tags and
rabies vaccination tags issued under this section
shall be firmly attached to a harness or collar worn
by the animal at all times when the animal is off the
premises of the owner.
(B) The owner of a dog or cat at its birth
shall be required to obtain a puppy or kitten license
for which MAS may charge a fee of $1.00. This license
shall expire when the dog or cat attains the age of
four months and is required to be licensed under
subsection (A), above.
(B) (C) Except for pit bull dogs, animals kept
temporarily (not in excess of 30 days unless granted
an extension by the Division MAS) for the purpose of
breeding or showing shall not require an individual
dog or cat license provided the owner has proof of a
current rabies vaccination.
(B) (D) The cost of an individual Unaltered Dog or
Cat License shall be $35 unless amended by the Metro
Council as provided in § 91.010. In addition to the
individual Unaltered Dog or Cat License, the owner
shall also be issued a Spay/Neuter Rebate Certificate
worth a prescribed amount towards the cost of a spay
or neuter surgery at participating veterinarians.
That prescribed amount shall be $25 unless amended by
the Metro Council as provided in § 91.010.
(E) Owners of pit bull dogs shall
file with any application for a license under this §
91.020 an appropriate certificate from a veterinarian
certifying that the dog has been spayed or neutered.
Otherwise, the dog must be licensed under § 91.0201.
(C) (F) Pursuant to KRS 258.095, the Metro
Government hereby designates as license facilities
those offices or clinics of veterinary medicine
located within Jefferson County which agree to abide
by the procedures established for the issuance of
licenses by the Division MAS. For each individual dog
or cat license issued, the license facility shall be
paid $1.00. This provision shall become effective the
first day of the month following the adoption of this
chapter and the amount of the fee paid the licenses
facility shall remain in effect until amended by the
Metro Council.
§ 91.0201. REGISTRATION AND SPECIAL LICENSING OF PIT
BULL DOGS
(A) No person shall own or possess, or buy, sell, or
trade, or otherwise transfer ownership or possession
of a pit bull dog which has not been spayed or
neutered, or which has not been registered or licensed
pursuant to this section.
(B) The owner, or any person in possession of every
pit bull dog born or brought into Jefferson County
shall register that dog with MAS on a form provided by
MAS. No pit bull dog shall be licensed pursuant to
LMCO 91.0201(A) until that dog has been properly
registered with MAS. As a condition of initial
registration, as well as each annual renewal, MAS
shall require the owner of the pit bull dog to furnish
the following:
(1) The name and address of the owner; or person in
possession; and
(2) The location[s] where the pit bull dog will be
kenneled or housed; and
(3) A certificate or other appropriate document from
a veterinarian certifying that the pit bull dog has
had a microchip inserted either by MAS or by a
veterinarian in accordance with standards and
specifications promulgated by the Director. If a
microchip is inserted by MAS, the owner shall pay a
fee as specified under § 91.10 of this chapter.
(4) A certificate of insurance with an insurance
company licensed to do business within the
Commonwealth of Kentucky; which provides:
(a) third party liability coverage protecting the
public from death or injury by the dog with a limit of
liability no less than $100,000; and
(b) an endorsement which requires the insurer to
notify MAS in the event that the policy should lapse
or be cancelled.
(C) Within thirty (30) days of the issuance of a
license under this section, the owner[s] of a pit bull
shall file with the Director a certificate, or other
written evidence satisfactory to the Director, that
the owner[s] has/have satisfactorily completed a
course of instruction, approved by the Director,
concerning the welfare, control, and socialization of
pit bull dogs.
(D) Registration required under this section shall be
renewed annually, either electronically or by mail, as
the Director shall provide by regulation. All
requirements for initial registration shall also apply
to annual renewals.
(E) The registered location[s] of any pit bull dog
shall not be changed for any period in excess of three
(3) days without notification to MAS by means which
the Director shall provide by regulation. The owner
or person in possession of any pit bull which is
stolen, or which escapes from or strays from its
enclosure, shall immediately upon such occurrence
notify MAS.
(F) The owner or person in possession of any pit
bull dog shall not be changed without immediate
notification to MAS by means which the Director shall
provide by regulation.
(G) MAS shall charge a fee of $100 for the annual
registration of pit bull dogs.
(H) Law enforcement agencies and officers shall be
exempt from the registration and licensing
requirements of this § 91.0201.
(I) Owners of pit bull dogs shall have ninety (90)
days from the effective date of this ordinance to
comply with this § 91.0201.
§ 91.0202. PIT BULL DOGS TO BE ENCLOSED OR UNDER
RESTRAINT.
(A) Pit bull dogs shall at all times be kept and
maintained:
(1) In a proper enclosure as defined in this
chapter; and as approved by the Director in writing;
or
(2) Under restraint as defined in this chapter.
(B) Law enforcement agencies and officers shall
be exempt from the requirements of this § 91.0202.
§ 91.0203. PIT BULL DOGS AS DEFINED DANGEROUS DOGS OR
POTENTIALLY DANGEROUS DOGS
Pit bull dogs are, in addition to the requirements of
§§ 91.0201 and 91.0202, subject to all the provisions
of § 91.110 through § 91.112 of this chapter relating
to dangerous dogs and potentially dangerous dogs.
§ 91.0204. TRAINING OF PIT BULL DOGS FOR FIGHTING
PROHIBITED
No person, including an owner, shall possess, harbor,
or maintain in his/her/its care, custody, or control,
a pit bull dog for the purpose of fighting, nor train,
torment, badger, bait, or use any pit bull dog to
attack human beings or other animals.
§ 91.0205. ADDITIONAL REQUIREMENTS PERTAINING TO PIT
BULL DOGS
A. In addition to the requirements of § 91.01 which
defines ENCLOSURE and RESTRAINT, pit bull dogs may not
be kept on any porch or patio or in any part of a
house or structure which would allow any such dog to
exit an enclosure on its own volition. In addition,
pit bull dogs shall not be kept in a house or
structure where window screens or door screens are the
only barrier to any such dog exiting an enclosure on
its own volition.
B. In addition to the requirements of Section 91.01
which defines ENCLOSURE, fences and structures
designed to confine pit bull dogs shall be securely
closed and locked, and shall be designed to prevent
the entry of children.
C. No more than two of any of the following may be
kept within any one premises:
1. A pit bull dog; or
2: An dog which has been declared to be a dangerous
dog or a potentially dangerous dog under this Chapter.
§ 91.0206 DETERMINATION OF BREED BY METRO ANIMAL
SERVICES
A. In the event that any owner or person in
possession of a dog which another person or an Animal
Control Officer has identified as a pit bull dog
contests such identification, the determination of the
dog?s breed for purposes of this ordinance shall be
made by the Director upon application by the aggrieved
owner. Such a determination shall constitute a
rebuttable presumption that the dog is a pit bull dog.
B. An appeal of the Director?s determination may be
made to the Secretary within three days after the
Director?s determination in accordance with procedures
promulgated by the Secretary. The Secretary?s
decision on appeal shall be final for all purposes
under this ordinance.
C. At the time the Director makes a determination
under this section, he/she shall advise the applicant,
in writing, of the applicant?s rights to appeal and
the procedures for taking an appeal.
§ 91.021 OTHER REQUIRED LICENSES AND PERMITS.
(A) Licenses or permits shall be required in the
following categories. Each separate location must be
licensed separately, inspected and meet the
requirements of this chapter prior to the license or
permit being issued.
(B) License or permits in these categories shall be
effective each July 1 and be valid for one year:
(1) Class A kennel or cattery.
(2) Class B kennel or cattery.
(3) Class C kennel.
(4) Pet shop.
(5) Livery, riding, or boarding stable.
(6) Humane Society Animal Welfare Group Shelter.
(7) Animal-drawn vehicles (one license per company).
(8) Theatrical exhibition.
(9) Wildlife permit.
(10) Animal Dealer.
(11) Circus.
(12) Boarding kennel or cattery.
(13) Swine permit.
(14) Pit Bull dog
(15) Dangerous Dog
(16) Potentially dangerous dog
(17) Puppy and Kitten
§ 91.022 LICENSE RENEWAL; REVOCATION; APPEALS.
(A) Renewal. All licenses required under § 91.021
shall be renewed on or before July 1 of each year.
(B) Revocation.
(1) The Director of the Division of Animal Control
and Protection may revoke or deny any license issued
hereunder.
(2) Grounds for such revocation or denial include,
but are not limited to, conviction pursuant to any
violation of this chapter Chapter or conviction
pursuant to any related state or federal law.
(3) License revocation or denial notices shall be
in writing and shall state the grounds therefor.
(C) Appeals.
(1) Any person who receives such license revocation
or denial notice issued pursuant to this chapter may
appeal such notice to the Director of the Cabinet of
Public Works and Services or its counterpart Secretary
within ten days following the receipt of such notice
unless such period is extended by the Director of the
Cabinet of Public Works and Services Secretary.
(2) Any appeal from such notice shall be in
writing, shall state the grounds therefor and shall be
signed by the person bringing the appeal or their
authorized representative.
(3) Failure to file a timely appeal to a license
revocation or denial notice shall result in license
revocation or denial.
(4) If requested by the appellant, a hearing shall
be held on the issues raised by the appeal.
(5) The hearing shall be held within a reasonable
period of time before the Director of the Cabinet of
Public Works and Services or its counterpart who shall
be the sole arbiter of the appeal Secretary or his/her
designee. The decision of the Secretary shall be
final.
(6) The decision of the Director shall be
appealable to the court solely on the issue raised and
the record presented at the hearing.
§ 91.023 VACCINATIONS; FIXATION OF TAGS.
(A) Every owner of a dog or cat four months of age
or older shall have it vaccinated against rabies. Any
owner of a dog or cat reaching four months of age
shall have such animal vaccinated by the tenth day
after the date the dog or cat attained this age. Such
vaccination shall be in accordance with the
vaccination requirements prescribed by the Kentucky
State Board of Health. Vaccinations shall be
performed by a veterinarian or qualified person.
(B) The veterinarian or qualified person
administering the vaccination shall issue to the dog
or cat owner a vaccination certificate on a form
prescribed by the Kentucky State Board of Health. The
vaccination certificate shall be prepared and issued
in triplicate. One copy shall be forwarded by the
veterinarian or qualified person to the
Louisville/Jefferson County Board of Health no later
than seven days after the end of the preceding month,
one copy shall be given to the owner of the dog or
cat, and one copy shall be retained by the
veterinarian or qualified person. Each vaccination
certificate shall bear the name and address of the
issuing party and a serial number and a brief
description of the animal vaccinated. The
veterinarian or qualified person shall also furnish
each owner with a metal tag bearing the name of the
person issuing it.
(C) "Qualified person" permits are granted only to
Class A or Class B kennel or cattery operators, and
rabies vaccinations may only be given to those animals
which are owned by the kennel or cattery. Any animal
which is sold, traded or otherwise removed from the
kennel or cattery must be re-vaccinated against rabies
by a veterinarian and must be re-licensed by the
Division MAS.
(D) When a rabies voucher is purchased from the
Division MAS at the time of license application, the
person purchasing such voucher shall, within seven
days, take the dog or cat to a veterinarian who will
vaccinate the dog or cat, issue a regular vaccination
certificate in the manner prescribed herein, and
return the voucher to the Animal Shelter. The Animal
Shelter will present the voucher to the Metro
Government from which payment will be made to the
veterinarian performing the vaccination. A
veterinarian or other qualified person who purchases a
dog or cat does not have to purchase a rabies voucher
from the Division MAS but must show his or her permit
number.
(E) The rabies tag described herein and furnished by
the veterinarian or other qualified person for dogs or
cats shall be affixed by the owner to a collar or
harness or affixed to an enclosure or cage furnished
by him and shall be worn by the dog or cat for which
the certificate was issued. No one except the owner
or his duly authorized agent shall remove the collar
with the attached tag from any dog or cat except
during a recognized breed show such as the American
Kennel Club or as provided in KRS 258.165.
(F) During a recognized breed show the owner of the
dog or cat shall retain the rabies tag and shall
produce the same whenever called upon to verify that
any cat or dog in his possession or owned by him had
the required vaccination. The certificate of
vaccination may be produced if the tag has been lost.
§ 91.024 SALE OF RABIES VACCINE.
It shall be unlawful for any person to sell, give
away, permit to be sold or given away any rabies
vaccine live or killed to anyone but a veterinarian or
other qualified person.
§ 91.025 CERTAIN SALES OF ANIMALS PROHIBITED
A. It shall be unlawful for any person required to
be licensed under § 91.021, but who has not obtained
such a license, to sell, offer to sell, or to
advertise the sale of an animal. Any electronic or
print offer to sell, including a paid advertisement,
shall include the license number of the licensed
person making the offer.
B. It shall be unlawful for any person to sell,
offer to sell, or to advertise the sale of an animal
which is required to be licensed and vaccinated under
§§ 91.021 and 91.023, but which has not been licensed
and vaccinated. Any electronic or print offer to
sell, including a paid advertisement, shall include
the license number of the animal offered for sale.
C. It shall be unlawful for any person to purchase
an animal which has been offered for sale, or sold, in
violation of this §91.025.
D. It shall be unlawful for any person to sell,
offer to sell, or to advertise the sale of an animal ,
or for any person to purchase a dog which has been
classified by the Director as a dangerous dog or a
potentially dangerous dog without the written
permission of the Director.
E. In addition to a citation issued to the owner,
any animal sold or offered for sale in violation of
this § 91.025 shall be impounded by MAS. The animal
shall be released to the owner[s] only upon the
obtaining of all required licenses or vaccinations,
and the payment of all other redemption fees and costs
provided under § 91.036.
LIMITATION ON DOGS IN RESIDENTIAL AREAS
§ 91.030 NUMBER OF DOGS ON RESIDENTIALLY USED
PROPERTY
(A) No more than three (3) dogs, excluding
puppies, may be quartered outdoors on an individual
tract, lot or parcel (as defined in the Land
Development Code), which is .5 acres or less and has
on such property any building or structure containing
a residential use.
(B) No more than seven (7)) dogs, excluding
puppies, may be quartered outdoors on an individual
tract, lot or parcel (as defined in the Land
Development Code), which is more than .5 acres but
less than 2 acres and has on such property any
building or structure containing a residential use.
(C) This subsection (g) shall not apply to an
individual tract, lot or parcel (as defined in the
Land Development Code), which has on such property a
building or structure containing a residential use, if
such location has a current Class A, Class B, or Class
C kennel license and continues to maintain such
license, as provided by § 91.021.
AMNESTY
§ 91.031 DIRECTOR MAY DECLARE AMNESTY
(A) The Director, with the approval of the
Secretary, may suspend the civil and criminal
penalties under §§ 91.020 and 91.021 of this Chapter
for a period not to exceed ninety (90) days in any one
calendar year upon condition that owners comply with
the requirements of those sections during the amnesty
period. At the expiration of a declared amnesty
period, all civil and criminal penalties under this
Chapter shall be fully in effect.
(B) A declared amnesty shall not apply to any
provision of this Chapter other than §§ 91.020 and
91.021.
EDUCATION, TRAINING, AND SOCIALIZATION PROGRAMS
§ 91.032 PUBLIC FUNDS AUTHORIZED FOR EDUCATION,
TRAINING, AND SOCIALIZATION PROGRAMS
(A) The Council finds it to be in the public
interest, and the Director is hereby authorized to
enter into joint agreements with Animal Control and
Animal Welfare Organizations for the purpose of
planning, promoting, and conducting education and
training programs for the purpose of:
(1) educating the public as to responsible and
lawful animal ownership and management; and
(2) raising the level of compliance with the
provisions of this Chapter.
(B) The Director is authorized to expend public
funds for this purpose, provided that all such
expenditures shall be made in accordance with all
Metro ordinances, policies, and procedures relating to
contracts and expenditures.
(C) The Director may, with or without the
approval of the District Court, reduce or abate any
fine or civil penalty which could otherwise be imposed
under §§ 91.998 and 91.999 upon condition that (a) the
violator[s] attend and satisfactorily complete an
education or training course established under this
Section, or (b) that the dog be spayed or neutered, or
both.
IMPOUNDMENT
§ 91.035 IMPOUNDMENT AUTHORIZED; EUTHANASIA OF
UNCLAIMED ANIMALS.
(A) Unrestrained animals shall be taken by the
Animal Control Officer, police or humane animal
welfare group officer or may be turned in by any
citizen, impounded in the Animal Shelter and there
confined in a humane manner. However, if after a
reasonable effort the seizure of any such unrestrained
animal cannot be made or should the animal present a
hazard to public safety or property or have an injury
or physical condition which causes the animal to
suffer, the Animal Control Officer or police officer
may immediately destroy the animal by the most
reasonable and humane means then available.
(B) Impounded dogs shall be kept for not less than
five days (or any state-mandated holding period),
unless reclaimed by their owners. Impounded cats
shall be kept for not less than five days, unless
reclaimed by their owners. All other domestic animals
or owned wildlife shall be held for not less than
three days unless reclaimed by their owner. If the
owner can be identified by means of a license tag or
otherwise, the impounding agency shall immediately
notify the owner by the most expedient means available
of the impoundment of the animal. Animals not
reclaimed by their owners within the established time
periods and those not placed in suitable new homes
after such time, may be humanely euthanized by the
Division MAS. However, if an impounded animal has an
injury or physical condition which causes the animal
to suffer, the Division MAS may immediately humanely
euthanize the animal.
(C) Any dog which has been declared to be a
dangerous dog, or a potentially dangerous dog by the
Director and whose owner has not complied with all of
the requirements of this Chapter for owning or
maintaining such a dog, shall be impounded. A dog so
impounded shall not be released except upon terms and
conditions imposed by the Director in the interest of
public safety and welfare.
§ 91.036 RECLAIMING IMPOUNDED ANIMAL.
(A) Every owner reclaiming an impounded animal which
is subject to the terms of this chapter shall pay all
redemption fees. Said fees shall be paid to the
Division MAS.
(B) Any dog or cat which is impounded under
this chapter shall not be reclaimed unless the animal
has a microchip inserted either by MAS or by a
veterinarian in accordance with standards and
specifications promulgated by the Director. If a
microchip is inserted by the MAS the owner shall pay a
fee as specified under § 91.010 of this chapter.
(B) (C) Proof of vaccination against rabies and
distemper, hepatitis, leptospirosis, parainfluenza,
parvovirus (DHLPP) for dogs or against rabies and
rhinotracheitis, calici, panleukopenia, chlamydia
psittaci (FVR C-P-C) (FVRCP) for cats, or sufficient
antibody titers for these diseases and an annual
parasitic examination for internal parasites in the
past 12 months, and a current license shall be
required before any dog or cat is released. If no
proof of vaccinations, parasite exam, or current
license is shown, a rabies vaccination and/or parasite
exam voucher(s) and/or license must be purchased
before the animal is released. All
vaccination/parasite exams must be administered to the
animal within the prescribed time printed on the
voucher(s). The administration of vaccinations may be
deferred by the veterinarian at his or her discretion
based upon his or her assessment of need or the health
of the animal.
(C) (D) Any dog or cat which is impounded a second
time for violation of restraint requirements within a
12-month period, the owner shall have the animal
spayed or neutered within seven days of the
redemption. Verification from the veterinarian
performing the surgery shall be provided to the
Division MAS in writing within seven days of the
surgery.
(D) (E) Dogs and cats impounded for violation of
the restraint requirements which are wearing a valid
Kentucky Dog License or Metro Government Cat License
and which have been spayed or neutered may be redeemed
for one-half the redemption and daily board fees.
This does not include animals impounded for humane
treatment, a pit bull dog, a potentially dangerous
dog, or a dangerous dog.
(E) (F) Any owner or person responsible for any
animal(s) impounded under this chapter and charged
with a violation thereof, upon conviction, shall pay,
in addition to the regular redemption and board fees,
all veterinary fees and any associated charges
incidental to maintaining the animal(s) up to the date
of conviction. These fees shall be payable even if
the animal(s) is not redeemed or if custody is awarded
to the Metro Government.
(G) Any owner or person responsible for any
animal(s) impounded under this chapter and charged
with a violation thereof shall, upon a second
conviction within a five-year period, be prohibited
from owning, maintaining, or keeping any animal for a
period of two (2) years from the date of the second
conviction.
§ 91.037 QUARANTINE OF ANIMALS.
(A) Any animal (excluding wildlife) which has bitten
or scratched someone a human being shall be
quarantined for ten days from the time the bite or
scratch occurs. Any owner who fails to properly
quarantine his/her animal is subject to citation for
violation of this section, and the animal shall be
moved to the animal shelter impounded by MAS for the
remainder of its quarantine period. The owner will
shall be responsible for all quarantine fees during
the quarantine period and any stay at MAS facilities
in connection with a quarantine.
(B) An animal whose owner is unavailable or
incapable of quarantining the animal, may shall be
taken impounded by the Division of Animal Control and
Protection MAS and quarantined at the Animal Shelter
MAS facilities for the prescribed period. Any animal
quarantined by its owner shall have a microchip
implanted by the owner as a condition of owner
quarantine.
(C) Any animal quarantined at MAS facilities
which does not have a microchip implanted, shall have
a microchip implanted by MAS at the expense of the
animal?s owner.
§ 91.038 ISSUANCE OF CITATIONS; VIOLATION NOTICES.
(A) In addition to, or in lieu of impounding an
unrestrained animal or for any violation of this
chapter, any Animal Control Officer, police officer or
authorized agent may issue a citation to the owner of
such animal specifying the section or sections of this
chapter so violated and identifying the specific
nature of the violation. Such citation shall impose
upon the owner the obligation of appearance to answer
the charges specified in the citation in the Jefferson
County District Court at the time and place indicated
on the citation.
(B) Where violations of the licensing and/or
vaccination requirements of this chapter are observed,
any Animal Control Officer may issue a violation
notice in lieu of a uniform citation. The violation
notice will stipulate a compliance date and associated
fee and late fee, as well as a waiver provision
providing that the person to whom the violation notice
is issued waives all rights to protest such violation
and waives all rights to a hearing on the issues
relating to that violation. All associated fees and
late fees shall be paid to the Division MAS. Failure
to pay associated fees and/or late fees and failure to
waive rights by the compliance date may result in the
issuance of a uniform citation.
(C) Where first offense violations of restraint
requirements are observed, any Animal Control Officer
may issue a control notice in lieu of a uniform
citation. The control notice will stipulate the
violation observed, associated fees, and a compliance
date, as well as a waiver provision providing that the
person to whom the control notice is issued waives all
rights to protest such notice and waives all rights to
a hearing on the issue relating to that notice. All
associated fees shall be paid to the Division MAS.
Failure to pay the associated fees by the compliance
date or failure to waive rights by the compliance date
may result in the issuance of a uniform citation.
(D) Where an Animal Control Officer observes a
violation of the humane treatment provisions of this
chapter which pertain to veterinary care or grooming
or license or vaccination requirements on newly
acquired animals, the officer may issue a warning
citation in lieu of a uniform citation, stipulating a
time by which veterinary treatment, grooming,
vaccination, or licensing must be administered. If
the owner does not comply with the terms of the
warning citation by the specified time, a uniform
citation may be issued.
(E) Where an Animal Control Officer observes a dog
being kept on a chain or tether, in potential
violation of the restraint definition in this chapter,
the officer may notify the owner of the violation in
person or by means of a notice placed at the entry to
the property. If the owner does not correct the
situation or notify the Division MAS within one hour
of the placement of such notice that the dog has been
removed from the chain or tether, the dog may be
removed and the owner issued a control notice or
uniform citation for violation of the restraint
requirement.
(F) Any owner of a dog or cat who is cited and
convicted or pleads guilty to a restraint violation of
this chapter on two occasions within a 12-month period
or whose animal is impounded twice within a 12-month
period for a restraint violation of this chapter, or a
combination of two separate incidents of citation and
impoundment within a 12-month period, shall have the
animal spayed or neutered within seven days of the
conviction or plea. Verification from the
veterinarian performing the surgery shall be provided
to the Division MAS in writing within seven days of
the surgery.
(G) Where an Animal Control Officer has not
witnessed a violation of this Chapter, and upon the
request of a complainant who has witnessed a
violation, the Officer shall take a sworn written
statement from the complainant as to the circumstances
of the violation, and shall file the complaint with
the District Court in accordance with the rules and
procedures of that Court.
(H) The Director shall work with the County
Attorney and the Commonwealth?s Attorney to facilitate
joint prosecutions in the Circuit Court pursuant to
KRS 24A.110 in cases involving death or serious injury
arising from concurrent violations of both this
Chapter and the Kentucky Penal Code.
§ 91.039 CIVIL PENALTIES FOR VIOLATIONS AUTHORIZED
(A) Citation to owner or to person or persons
responsible. Except as otherwise provided in
subsection (C) hereof, whenever an Animal Control
Officer, based upon personal observation of
investigation, has reasonable cause to believe that a
person has committed a violation of this Chapter, the
Animal Control Officer is authorized to issue a
citation to the offender in accordance with § 32.283.
(B) Form of citation. The citation shall contain
the information as set forth in § 32.283(D).
(C) Notice to owner or to person or persons
responsible. Whenever the Animal Control Officer
determines that there has been a violation of this
code or has grounds to believe that a violation has
occurred, in lieu of issuing a citation as set forth
in § 91.038 or in subsection (A) hereof, notice may be
given to the owner or person or persons responsible
therefore in the manner prescribed in subsections (D)
and (E) hereof. If the person to whom the notice is
given fails or refuses to remedy the violation within
the time specified in such notice, then the Animal
Control Officer is authorized to issue a citation in
accordance with subsection (A) hereof.
(D) Form. Such notice prescribed in subsection (C)
shall be in accordance with all of the following:
(1) Be in writing;
(2) Include a statement of the violation or
violations and why the notice is being issued;
(3) Inform the offender of the right to appeal;
(4) Include a statement that a determination of
violation shall be final unless appealed in accordance
with this chapter; and
(5) Include a statement of penalties provided for
the violation(s).
(E) Service. Such citation or notice prescribed in
subsection (A) or (C), respectively, shall be properly
served on the owner or his or her agent or an occupant
when responsible for the violation, as the case may
require. When an occupant is served, the owner, if
known, will be notified. A citation or notice is
properly served if it is served personally, or if a
copy is sent by certified mail or first-class mail to
the last known address as recorded by the Jefferson
County Property Valuation Administration, or if
service is perfected in any other manner authorized
under the laws of this Commonwealth. However, if the
whereabouts of such person is unknown and cannot be
ascertained by the Animal Control Officer or the
officer?s authorized representative in the exercise of
reasonable diligence, the citation or notice is
properly served if copies of the citation or notice
are posted in a conspicuous place on the premises
affected.
(F) Violation penalties. Penalties for
noncompliance with citations, orders and notices shall
be as set forth in § 91.998
(G) Appeals. Penalties may be appealed within
ten days of service under subsection (E), above, to
the Code Enforcement Board under §§ 32.275 to 32.291.
§ 91.040. REPORTING OF ANIMAL BITES REQUIRED
In addition to physicians, every veterinarian, peace
officer, animal control officer, animal welfare group,
clinic, hospital, or any establishment providing
health care services, shall be subject to the
reporting requirements of KRS 258.065.
HUMANE TREATMENT OF ANIMALS
§ 91.050 PROVISION OF NECESSITIES.
A. No owner shall fail to provide his his/her animal
with good wholesome food and water, proper shelter and
protection from the weather, veterinary care when
needed to prevent suffering, and humane care and
treatment. Any owner of animals shall maintain a
clean and healthful shelter and living area for any
animal being kept, which area shall be free of
accumulated waste and debris so that the animal shall
be free to walk or lie down without coming in contact
with any such waste or debris. All such shelters or
living areas must be cleaned and maintained regularly
so as to promote proper health for the animals being
kept. All living areas shall be constructed and
maintained to promote drainage of rain water to
prevent the accumulation of mud and/or water.
Shelters shall be constructed to protect the animal
from precipitation and of a material which provides
insulation from temperature extremes. In addition to
the shelter a shaded area shall also be provided by
means of other structures, trees, or awning(s). The
shelter shall have a floor which is dry and
constructed of a material which provides insulation or
the floor augmented with resting boards. Insulating
bedding materials shall be provided during inclement
weather extremes.
B. The Director, with the approval of the
Secretary, may promulgate regulations implementing
this § 91.050 which are not inconsistent with any of
the provisions of this Chapter 91.
§ 91.051 RESTRAINT BY LEASH, 0R CHAIN, OR COLLAR;
SPECIFICATIONS.
A. If any animal is restrained by a chain, leash, or
similar restraint, it shall be designed and placed as
defined under RESTRAINT in this chapter Minimum
standards for restraint of animals shall be as
follows:
(1) It is prohibited to exclusively restrain a dog
or puppy by a fixed-point chain or tether between the
hours of 8:00am and 6:00pm.
(2) A dog may be restrained by a chain or tether
provided that it is at least ten (10) feet in length
and attached to a pulley or trolley mounted on a cable
which is also at least ten (10) feet in length and
mounted no more than seven (7) feet above ground
level.
(3) Any tethering system employed shall not allow
the dog or puppy to leave the owner's property.
(4) No chain or tether shall weigh more than 1/8 of
the dog or puppy's body weight.
(5) Any chain or tether shall be at least ten (10)
feet in length and have swivels on both ends.
(6) Any chain or tether must be attached to a
properly fitting collar or harness worn by the animal.
(7) All collars used for the
purpose of chaining or tethering an animal must be
made of nylon, leather, or other durable and
non-metallic material. Using a chain, choke, or pinch
collar as a primary collar is prohibited.
(8 All collars shall fit an animal so as to avoid
causing injury to the animal or becoming imbedded in
the animal?s neck.
B. The Director, with the approval of the
Secretary, may promulgate regulations implementing
this § 91.051 which are not inconsistent with any of
the provisions of this Chapter 91.
§ 91.052 ABANDONMENT.
(A) No person shall abandon any animal. Abandonment
consisting consists of leaving such an animal for a
period in excess of 24 hours, without the animal?s
owner or the owners? designated caretaker providing
for someone to feed, water, all provisions of
necessity as defined in this chapter and checking on
the animal's condition. No owner shall leave an
animal by a roadside or other area, or leave such
animal on either public or private property, without
the property owner's consent. In the event that an
animal is found so abandoned, such animal may be taken
by an Animal Control Officer, police or humane animal
welfare group officer and impounded in the Animal
Shelter, MAS facilities and there confined in a humane
manner. Such animal, if taken from private property,
shall be kept for not less than the prescribed period
in accordance with the procedures set forth in the
impounding section 91.035 of this chapter, or for any
longer period required by law, regulation, or medical
necessity. In the event that an animal is so
abandoned, the owner or the person, if any, whom
he/she has charged with the animal's care, shall be
subject to a citation or civil penalties for any
violation of this section.
(B) Any animal found not under restraint without a
license or vaccination tag, or any animal found in a
condition which requires immediate veterinary care,
shall be presumed to be abandoned, and shall be
seized.
(C) Notice of seizure of an animal from private
property shall be posted on the premises from which
the animal was seized which notice shall clearly state
the address and telephone number of the MAS facility
to which the animal was taken.
§ 91.053 CROPPING OF EARS OR TAIL.
No person shall crop a dog's ears or tail, except a
veterinarian.
§ 91.054 CRUELTY; EXHIBITION FIGHTING PROHIBITED.
(A) No person shall neglect, beat, cruelly ill-treat
or torment any animal or cause or permit any dogfight,
cock fight or other combat between animals. For the
purpose of this section, neglect, cruel, ill-treatment
and torment of an animal shall be defined as a failure
by a person to adhere to the requirements and
provisions of § 91.050. In the event there is a
reasonable cause to suspect that an animal is being
beaten, cruelly ill-treated, neglected or tormented or
involved in a dogfight, cockfight or other combat,
custody of such animal may be taken by an Animal
Control Officer, police, or humane animal welfare
group officer and impounded in the Animal Shelter.
The animal shall be held as evidence and confined in
such facility in a humane manner. Upon finding by a
court that the animal has been neglected, beaten,
cruelly ill-treated or tormented or involved in a
dogfight, cockfight or other combat between animals,
the animal shall become the property of the Metro
Government.
(B) No person shall own, possess, keep, or train any
bird or animal with the intent that such bird or
animal shall be engaged in an exhibition of fighting.
In the event that a person shall own, possess, keep,
or train any bird or animal with the intent that such
bird or animal shall be engaged in an exhibition of
fighting, he shall be liable for citation for
violation of this chapter and be subject to the
penalties provided in § 91.999.
(C) No person shall be present at any dogfight,
cockfight or combat between animals. In the event that
a person is present at a dogfight, cockfight, or
combat between animals, he shall be liable for
citation for violation of this chapter and be subject
to the penalties provided in § 91.999.
(D) Any person who is found present at a dogfight,
cockfight, or combat between animals, and who is
charged with being a spectator in violation of this
chapter, and who is in possession of and/or is the
owner of an animal of the same species as that
involved in the animal fight, shall be charged with
intent to engage in an exhibition of fighting in
violation of this chapter. The animal shall be
confiscated if found on the premises or in the
immediate area of the dogfight, cockfight, or combat
between animals.
§ 91.055 SALE OF FOWL OR RABBITS.
(A) No person shall sell, trade or display any
chicks, ducks, rabbits or other fowl, unless:
(1) Such person sells, trades or displays six or
more such animals; or
(2) Each animal is two months old or older; or
(3) Each rabbit weighs three pounds or more.
(B) No chick, duck, rabbit or other fowl may be dyed
or colored in any way and the owner of such chick,
duck, rabbit or other fowl must provide proof of the
age of the animals.
§ 91.056 POISONS.
No person shall place any poisonous substance which
maybe harmful to any domesticated animal, as described
herein, in any location where it may be readily found
and eaten by such animal.
§ 91.057 OFFERING ANIMAL AS PRIZE OR AWARD.
(A) No person shall offer any live animal as a prize
or award in connection with any raffle, protest,
demonstration, promotion, or as an incentive to
participate in any game, promotion, or otherwise.
(B) No person shall sell, adopt or otherwise give
away, or offer to sell, adopt or give away animals
from any location other than their personal residence
or business or any location licensed by the Metro
Government for such purpose.
(C) The provisions of this section shall not apply
to any raffle or promotion conducted by a private,
non-profit, livestock related organization engaged in
such activity at a show or exhibition sanctioned by
the Kentucky Department of Agriculture.
§ 91.058 KILLING DOGS, CATS FOR FOOD OR FUR
PROHIBITED.
No person shall raise or kill a dog or cat for food
or the skin or fur; nor shall any person or business
possess any items made from or containing dog, puppy,
cat or kitten fur; or any food item containing dog,
puppy, cat or kitten. All items made from or
containing any type of fur must be labeled with the
name of the species whose fur is used.
§ 91.059 MUTILATION OF ANIMALS.
No person shall mutilate any animal whether dead or
alive. This provision does not apply to accepted
livestock practices concerning humane slaughter at
licensed stockyards, slaughterhouses and meat packing
establishments or on the premises of bona fide farming
operations. Further, this section shall not apply to
the processing of fish or wildlife taken through legal
hunting and fishing methods.
§ 91.060 SEXUAL ACTS WITH ANIMALS.
No person shall engage or cause or allow any other
person to engage in a sexual act with any animal.
§ 91.061 REMOVAL OF ANIMAL IN IMMEDIATE DANGER.
Any animal observed by a police or Animal Control
Officer to be in immediate danger may be removed from
such situation by the quickest and most reasonable
means available.
§ 91.062 CONFISCATION OF VICTIMIZED ANIMAL.
(A) Any animal found involved in a violation of any
portion of this chapter may be confiscated by any
Animal Control Officer or any police officer and held
in a humane manner.
(B) Upon a hearing before a district court judge,
and that judge finding probable cause for the charge,
the court shall order immediate forfeiture of the
animal to the Metro Government unless the owner,
within 24 hours of such finding, posts a cash bond
with the court equal to the cost of care of the
animal(s), including all estimated boarding and
veterinary fees in the amount of $150 ($5 per day) for
each animal, for the first 30 days of its impoundment.
If after 30 days, the case has not been adjudicated,
the owner must post another full cash bond on the 30th
day in the same amount of the original bond or equal
to the cost and care of each animal for the first 30
days, whichever is greater. This same process shall be
followed each 30-day period until the case has been
adjudicated.
(1) Upon a plea or finding of guilt the cash
bond(s) shall be immediately paid to the Division of
Animal Control and Protection MAS. The owner shall
also be responsible to pay all costs of care from the
date of the impoundment until the time of the first
hearing and the posting of the initial bond, as well
as any other associated expenses not covered by the
daily boarding fee(s). Any portion of the posted bond
that has not been encumbered by daily costs at the
time of the pleas or finding of guilt shall be
returned to the owner. Upon conviction, all animals
not forfeited pursuant to subsection (B) herein above
shall become the property of the Metro Government.
(2) Upon a finding of innocence, any cash bond(s)
posted shall be immediately returned to the owner.
(C) The Division shall be allowed reasonable access
to inspect the property of anyone found guilty of
violation of any of the provisions under §§ 91.050
through 91.061 of this chapter.
STANDARDS
§ 91.075 BOARDING KENNELS AND CASTRIES.
(A) All boarding kennels or Castries shall, in
addition to the other requirements of this chapter,
comply with the minimum standards of this section.
Failure to meet these standards shall be grounds for
denial or revocation of a license pursuant to §§
91.020 through § 91.023 and the issuance of a citation
subjecting the owner to the penalties provided in §
91.999 of this chapter. Facilities shall be subject
to inspection by an Animal Control Officer upon his
request during reasonable hours.
(B) Indoor enclosures (cages, kennels, or runs)
shall be provided for each animal housed. These
enclosures shall be constructed of an impervious
material. Floors shall be metal, fiberglass,
concrete, or covered throughout with a minimum of
three inches of gravel. Enclosures must be cleaned
daily with a disinfectant, cleanser, or chlorine
bleach. Cleaning materials must be present at the time
of any inspection in amounts sufficient to clean the
entire facility. Animals must be removed from
enclosures during cleaning.
(C) Building temperature shall be maintained at a
comfortable level. Adequate ventilation shall be
maintained by means of windows, doors, vents, and
fans.
(D) Each animal shall have sufficient space to stand
up, lie down, and turn around in a natural position
without touching the sides or top of the enclosure.
If additional space is not provided, either indoor or
outdoor, then this enclosure must provide an adequate
exercise area.
(E) Beds or resting benches shall be constructed of
an impervious material.
(F) Outdoor runs or enclosures may be provided in
addition to the indoor enclosures. These outdoor
enclosures may be separated or attached to the indoor
enclosures. They shall be constructed of an
impervious material with floors as in subsection (A)
of this section.
(G) All enclosures shall be kept clean and dry.
(H) All enclosures shall provide protection from the
weather.
(I) The food shall be free from contamination,
wholesome, palatable, and of sufficient quantity and
nutritive value to meet the normal daily requirements
for the condition and size of the animal.
(J) All animals shall have fresh water available at
all times, except as part of a veterinary treatment
regimen. Water vessels shall be mounted or secure in
a manner that prevents tipping and be of the removable
type, except in areas where animals are kept for
medical recuperative purposes.
(K) Veterinary care shall be provided to maintain
good health and general welfare and to prevent
suffering. All costs for such care will be paid for
by the boarding kennel or cattery and reimbursed by
the owner of the puppy, dog, cat, or kitten unless
such care is the result of negligent action or
inaction of the owner of the boarding kennel or
cattery.
(L) Animals over the age of four months which are
boarded must have proof of a valid Metro Government
pet license and rabies vaccination.
(M) Owners of boarded animals which do not have
proof of a valid dog or cat license shall be presented
with a license application by the boarding kennel or
cattery. Such application shall be supplied by the
Division MAS. The owner shall be advised by the
boarding kennel or cattery of the licensing
requirement.
(N) The provisions of this section shall not apply
to any office of veterinary medicine that does not
advertise boarding services. Further, nothing herein
shall be construed as granting authority to the
Division MAS to inspect, license or regulate any
aspect of veterinary medicine. The provisions of this
section shall apply solely to the inspection,
licensing and regulation of boarding services offered
or advertised by offices of veterinary medicine
unrelated to the medical diagnosis or treatment of an
animal.
(O) The Director, with the approval of the
Secretary, may promulgate regulations implementing
this § 91.075 which are not inconsistent with any of
the provisions of this Chapter 91.
§ 91.076 CLASS C KENNELS.
(A) Any Class C kennel shall, in addition to the
other requirements of this chapter, comply with the
standards of this section whenever any dog is trained
for guard, sentry, or obedience purposes. Failure to
meet these standards shall be grounds for denial of or
revocation of a kennel license, and the issuance of a
citation subjecting the owner to the penalties
provided in § 91.999. Facilities shall be subject to
inspection by an Animal Control Officer upon his
request during reasonable hours.
(B) Class C kennels shall comply with the standards
set forth in § 91.075 in addition to the following
standards.
(C) The area used for training shall be clean, free
of accumulated waste and debris, and well-drained.
(D) Outdoor areas where animals are trained for
guard or sentry work must be completely enclosed or
surrounded by a fence at least eight feet in height,
installed at or below ground level, with anti-climbers
at the top.
(E) Enclosures and the training area must be locked
at all times to prevent unauthorized entry or escape
of the animals.
(F) No training shall employ the use of chemicals,
or electrical or mechanical devices which may cause
pain, injury, or death.
§ 91.077 CLASS B KENNELS OR CATTERIES.
(A) All Class B kennels or catteries shall, in
addition to the other requirements of this chapter
comply with the minimum standards of this section.
Failure to meet these standards shall be grounds for
denial or revocation of a license pursuant to §§
91.020 through § 91.023 of this chapter and the
issuance of a citation subjecting the owner to the
penalties provided in § 91.999 of this chapter.
Facilities shall be subject to inspection by an Animal
Control Officer upon his request during reasonable
hours.
(B) INDOORS: Animals which are kept primarily
indoors shall be provided with wholesome food and
clean water, a clean living environment free of
accumulated waste and debris, comfortable temperature
and ventilation, and provided veterinary care when
needed. If allowed access to outdoors on a temporary
basis, the outdoor area shall be kept free of waste
and debris and well-drained. Such outdoor area shall
comply with all restraint requirements contained in
this chapter.
(C) OUTDOORS: Animals which are kept primarily
outdoors shall be provided with proper shelter, a
clean living environment free of accumulated waste and
debris, supplemental protection from weather extremes,
and well-drained. Such outdoor area shall comply with
all restraint requirements contained in this chapter.
(D) Each Class B kennel or cattery license shall
apply to no more than ten dogs and/or cats, four
months of age or older. Any additional dogs or cats
four months of age or older must be licensed
individually.
(E) Each purchaser of a dog, cat, puppy, or kitten
shall be provided with a copy of § 91.096 by the
kennel or cattery, along with a Metro Government
Dog/Cat License application.
§ 91.078 CLASS A KENNELS OR CATTERIES.
(A) All Class A kennels or catteries shall, in
addition to the other requirements of this chapter,
comply with the minimum standards of this section.
Failure to meet these standards shall be grounds for
denial or revocation of a license pursuant to §§
91.020 through 91.023 of this chapter and the issuance
of a citation subjecting the owner to the penalties
provided in § 91.999 of this chapter. Facilities shall
be subject to inspection by an Animal Control Officer
upon request during reasonable hours.
(B) Each Class A kennel or cattery shall comply with
the standards set forth in § 91.075 in addition to the
following standards.
(C) Each dog or cat, four months of age or older,
must have proof of a valid vaccination against rabies.
(D) Each purchaser of a dog, cat, puppy, or kitten
shall be provided with a copy of § 91.096 by the
kennel or cattery, along with a Metro Government
Dog/Cat License application.
(E) Each Class A kennel or cattery license shall
apply to up to ten dogs or cats and shall require an
additional Class A kennel or cattery license for each
increment of up to ten dogs or cats.
§ 91.079 PET SHOPS.
(A) All pet shops, as defined herein, including pet
shops run in conjunction with another holding
facility, shall, in addition to the other requirements
of this chapter, comply with the minimum standards of
this section. Failure to meet these standards shall
be grounds for the issuance of a citation subjecting
the owner to the penalties provided in § 91.999.
Facilities shall be subject to inspection by an Animal
Control Officer upon his request during reasonable
hours.
(B) There shall be available hot water at a minimum
temperature of 140° F., for washing cages and
disinfecting, and cold water easily accessible to all
parts of the shop. Fresh water shall be available to
all species at all times. Containers are to be cleaned
and disinfected each day. All water containers shall
be mounted so the animal cannot turn them over and be
of the type that are removable for cleaning.
(C) Room temperature of the shop shall be maintained
at a level that is healthful for every species of
animals kept in the shop.
(D) All cages and enclosures are to be of a
nonporous material for easy cleaning and disinfecting.
Each cage must be of sufficient size that the animal
will have room to stand, turn, and lie down in the
natural position. Each cage must be cleaned and
disinfected each day.
(E) All animals under three months of age are to be
fed at least three times per 24 hours. All animals
from three months to nine months of age are to be fed
at least two times per 24 hours. All other animals
must be fed at least one time per 24-hour period.
Food for all animals shall be served in a clean dish
so mounted that the animal cannot readily tip it over
and be of the type that are removable for cleaning.
(F) Each bird must have sufficient room to sit on a
perch. Perches shall be placed horizontal to each
other in the same cage. Cages must be cleaned
everyday, and cages must be disinfected when birds are
sold or as otherwise transferred. Parrots and other
large birds shall have separate cages from smaller
birds.
(G) There shall be sufficient clean, dry bedding to
meet needs of each individual animal.
(H) All animals must be fed and watered, and all
cages cleaned every day, including Sundays and
holidays.
(I) Each purchase of a dog, cat, puppy, or kitten
shall be provided with a copy of § 91.096 by the pet
shop, along with a Metro Government Dog/Cat License
application.
§ 91.080 RIDING SCHOOLS OR STABLES.
(A) All riding schools or stables as defined herein
shall, in addition to other requirements of this
chapter, comply with the minimum standards of this
section. Failure to meet these standards shall be
grounds for the issuance of a citation subjecting the
owner to the penalties provided in § 91.999.
Facilities shall be subject to inspection by an Animal
Control Officer upon his request during reasonable
hours.
(B) All animals shall be provided with daily food
and water, free from contamination. Such food shall
be wholesome, palatable, and of sufficient quantity
and nutritive value to meet the normal daily
requirements for the condition and size of the animal.
(C) All equipment used for riding must properly fit
each individual animal.
(D) Shelter.
(1) All buildings and sheds used for stabling
animals shall be:
(a) Well lit and ventilated and provide adequate
protection from the weather; and
(b) Kept clean and in good repair at all times and
manure and urine shall be removed therefrom daily.
(2) Acceptable bedding material must be provided.
(3) Any enclosure where animals are kept shall be
graded and raked to keep the surface reasonably dry.
(E) Flies and other insects must be controlled
through general sanitation and necessary means.
(F) Animals let for riding purposes must be in good
physical condition.
(G) Riding stables which rent or lend horses to the
general public and pony rides shall, in addition to
the above requirements, also adhere to the following
standards:
(1) Animals exhibiting the following shall be
deemed unfit for work:
(a) Sores or abrasions caused or likely to be
irritated by the bearing of services, girth, harness,
or bridles, unless packing could be utilized.
(b) Serious injury or illness.
(c) Obvious signs of emaciation, malnutrition,
lameness or exhaustion.
(2) Animals requiring veterinary care shall not be
moved, ridden, or driven, except for the purpose of
humane keeping, pasturing, or obtaining medical care.
(3) Animals shall be properly shod and the hooves
shall be kept trimmed.
(4) Animals shall be kept clean, particularly in
the areas in contact with harness or other tack.
(5) Animals shall not be worked more than two hours
without being given a total of 30 minutes rest. The
maximum working period for any one animal shall be ten
hours out of every 24 hours.
(6) Animals shall not be worked when the
temperature at the workplace reaches or exceeds 95° F.
Animals which are on heat stress treatment which has
been prescribed by a veterinarian may be worked while
under such treatment, as long as a veterinarian is on
the premises of the workplace.
(7) No animal shall be over-ridden or driven to
result in overheating or exhaustion.
(8) All harnesses and bridles shall be kept cleaned
and in good repair.
(9) No animal shall be made to perform by means of
any prod, stick, electrical shock, physical force, or
by causing pain or discomfort. Any whip or riding
crop must be used so as not to cause injury to the
animal.
(10) The Division of Animal Control and Protection
MAS may order a quarantine on the entire premises
where the animals are being stabled or any part
thereof or on any particular animal for any of the
following reasons:
(a) Excessive parasitism, diagnosed by a
veterinarian, which would cause the animal to be unfit
to be ridden or driven.
(b) General malnutrition as diagnosed by
veterinarian.
(c) Presence or suspicion of transmissible disease
as diagnosed by a qualified veterinarian.
(H) All stalls, barns, paddocks, fields or any
enclosures where horses or ponies are kept, shall be
secured by gates and fencing that is in good repair
and sufficient to prevent the animal from leaving such
enclosure.
§ 91.081 HUMANE SOCIETIES ANIMAL WELFARE GROUPS.
(A) All humane societies animal welfare groups
shall, in addition to the other requirements of this
chapter, comply with the minimum standards of this
section. Failure to meet these standards shall be
grounds for denial or revocation of a license pursuant
to §§ 91.020 through 91.023 and the issuance of a
citation subjecting the owner to the penalties
provided in § 91.999. Facilities shall be subject to
inspection by an Animal Control Officer upon his
request during reasonable hours.
(B) Enclosures must be provided which shall allow
adequate protection against weather extremes. Floors
of buildings, runs, and walls shall be of an
impervious material to permit proper cleaning and
disinfecting.
(C) Building temperature shall be maintained at a
comfortable level. Adequate ventilation shall be
maintained.
(D) Each animal shall have sufficient space to stand
up, lie down, and turn around in a natural position
without touching the sides or tops of cages.
(E) Cages are to be of material and construction
that permit cleaning and sanitizing.
(F) Cage floors of concrete, unless radiantly
heated, shall have a resting board of some type of
bedding.
(G) Runs shall provide an adequate exercise area and
protection from the weather. Runs shall have an
impervious surface.
(H) All animal quarters and runs are to be kept
clean, dry, and in a sanitary condition.
(I) The food shall be free from contamination,
wholesome, palatable, and of sufficient quantity and
nutritive value to meet the normal daily requirements
for the condition and size of the animal.
(J) All animals shall have fresh water available at
all times. Water vessels shall be mounted or secured
in a manner that prevents tipping and be of the
removable type.
(K) All animals over the age of four months when
sold or adopted must have a Metro Government license
and a valid rabies vaccination. If not, the new owner
must be provided with, or sold, the Metro Government
license and/or a voucher which may be redeemed at a
licensed veterinarian for a valid rabies vaccination.
(L) All animals over the age of six months which are
purchased or otherwise obtained from a humane
societies an animal welfare group society shelter
must, within 60 days of purchase or obtainment, be
surgically altered to prevent breeding. Animals under
the age of six months when purchased or otherwise
obtained must be surgically altered within 60 days of
becoming six months of age. This provision shall not
apply to any animal reclaimed by its owner.
(M) Animals accepted which have no known owner must
be held for no less than five days for dogs and
puppies and five working days for cats, kittens, and
three days for other animals. A photograph of the
animal(s) shall be posted at the Division of Animal
Control and Protection MAS at the designated location
for the entire holding periods. Such photograph shall
have printed on it the animal(s) identification number
and the date through which it shall be held. Business
hours must be sufficient to permit the owner to
reclaim the animal. Redemption fees or all fees
associated with redemption for such animals cannot
exceed those established by this chapter and charged
by the Division of Animal Control and Protection MAS.
(N) A record must be kept on each animal accepted or
housed, noting the following:
(1) Name and address of previous owner or person
turning in the animal.
(2) Date received.
(3) Condition and medical treatment.
(4) Date sold, adopted, or destroyed.
(5) Name and address of new owner.
(6) Date animal was surgically altered, and name of
veterinarian.
(O) Failure to keep such records and/or failure to
release said records to authorized personnel of the
Division MAS shall be grounds for issuance of a
citation to the person and/or revocation of any
license issued pursuant to this chapter.
§ 91.082 ANIMAL-DRAWN VEHICLES.
(A) All operators and owners of animal-drawn
vehicles shall, in addition to other requirements of
this chapter, comply with the minimum standards of
this section. Failure to meet these standards shall
be grounds for the issuance of a citation subjecting
the owner to the penalties provided in § 91.999.
Facilities shall be subject to inspection by an Animal
Control Officer upon his request during reasonable
hours.
(B) All animals shall be provided daily with food
and water, free from contamination. Such food shall
be wholesome, palatable, and of sufficient quantity
and nutritive value to meet the normal daily
requirements for the condition and size of the animal.
(C) Shelter.
(1) All buildings and sheds used for stabling
animals shall be:
(a) Well-lit and ventilated and provide adequate
protection from the weather; and
(b) Kept clean and in good repair at all times,
and manure and urine shall be removed therefrom daily.
(2) Any enclosures where animals are kept shall be
graded and raked so as to keep the surface reasonably
dry.
(3) Clean bedding must be provided.
(D) Flies and other insects must be controlled
through general sanitation and necessary means.
(E) All animals used for carriage horse tours must
weigh at least 800 pounds and be considered in
generally good health. Any owner or operator of an
animal-drawn vehicle who desires to use an animal for
this purpose which does not weigh 800 pounds must
apply to the the Division of Animal Control and
Protection MAS. for approval in writing prior to such
use.
(F) Animals exhibiting the following shall be deemed
unfit for work:
(1) Sores or abrasions caused or likely to be
irritated by the bearing of services, girth,
harnesses, or bridles, unless padding could be
utilized.
(2) Serious injury or illness.
(3) Obvious signs of emaciation, malnutrition,
lameness, or exhaustion.
(G) Animals requiring veterinary care shall not be
moved, ridden, or driven, except for the purpose of
humane keeping, pasturing, or obtaining medical care.
(H) Animals shall be properly shod, and the hooves
shall be kept trimmed.
(I) Animals shall be kept clean, particularly in the
areas in contact with harness or other tack.
(J) Animals shall not be worked more than two hours
without being given a total of 30 minutes rest. The
maximum working period for any one animal shall be ten
hours out of every 24 hours.
(K) Animals shall not be worked when the temperature
at the work place reaches or exceeds 95° F. Animals
which are on heat stress-preventive treatment which
has been prescribed by a veterinarian may be worked
while under such treatment on contracts entered into
prior to the beginning of such treatment.
(L) The speed at which any animal is driven shall
not exceed a slow trot.
(M) No animal shall be overridden or driven to
result in overheating or exhaustion.
(N) Animals shall be provided water at the loading
site and on routes at all times they are working.
(O) All harnesses and bridles shall be kept oiled
and cleaned and in good repair.
(P) Carriages must be kept properly lubricated, and
wheels must spin freely.
(Q) The Division MAS may order a quarantine on the
entire premises where the animals are being stabled or
any part thereof or on any particular animal for any
of the following reasons:
(1) Excessive parasitism, diagnosed by a
veterinarian, which would cause the animal to be unfit
to be ridden or driven.
(2) General malnutrition, as diagnosed by a
veterinarian.
(3) Presence of suspicion of contagious or
transmittable disease, as diagnosed by a veterinarian.
(4) Owners and operators of animal-drawn vehicles
shall not permit unsanitary conditions to be present
on any town route, animal rest area, or any area where
the animals are kept. All such areas shall be kept
clean and free of conditions which might harbor or be
conducive to the breeding of insects or rodents.
(R) No animal shall be made to perform by means of
any prod, stick, electrical shock, physical force, or
by causing pain or discomfort. Any whip or riding
crop must be used so as not to cause injury to the
animal.
§ 91.083 SALE OF ANIMALS FROM ANIMAL SHELTER.
(A) All dogs and cats purchased or obtained from the
Division MAS must be surgically altered to prevent
breeding within 30 days of obtaining the dog or cat.
For purposes of this chapter, ?obtained? does not
include reclaimed.
(B) Prior to the sale or adoption of any animal from
the Animal Shelter, the Division MAS will require the
prospective buyer to complete an animal placement
questionnaire. The questionnaire is designed to
determine the prospective owner's ability to properly
care for the animal. Past experience and knowledge of
Division MAS personnel of the prospective owners, as
well as previous violations of this chapter by the
prospective owners, may be grounds to refuse the sale
or adoption. Additional grounds may be whether the
prospective owner is able to provide an enclosure
where the animal is to be kept which is adequate to
keep the animal restrained, whether the animal is
being purchased for resale, whether the prospective
owner has obtained another animal from the Animal
Shelter in the past 12 months, whether the prospective
owner has owned a pet which has died without
appropriate veterinary care, and whether the
prospective owner is purchasing the animal solely for
guard or attack purposes. The Animal Shelter is not
obligated to sell any animal in its custody.
(C) Any person adopting an animal is required to
comply with all stipulations and conditions set forth
in the adoption agreement. Failure to do so may
result in the issuance of a uniform citation for
violation of this section and forfeiture of the
animal.
§ 91.084 THEATRICAL EXHIBITIONS.
(A) All theatrical exhibitions as defined herein
shall, in addition to other requirements of this
chapter, comply with the minimum standards of this
section. Facilities shall be subject to inspection by
an Animal Control Officer upon his request during
reasonable hours.
(B) Animal quarters shall be of sufficient size to
allow each animal to stand up, lie down, and turn
around in a natural position without touching the
sides or top or any other animal or waste.
(C) Each enclosure shall maintain a comfortable and
healthful temperature level as well as adequate
ventilation.
(D) The enclosure, performance, or exhibit area
shall include a barrier located in such a manner as to
prevent the public from coming in contact with the
animal. Exempted from this subsection (D) are pony
rides, elephant rides at a circus that has a license
as required by § 91.021, and has been granted
authorization by Louisville Metro Animal Services
("Animal Services"), in accordance with subsection
(I), petting zoos containing only domestic animals,
and exhibitions sanctioned by the Kentucky Department
of Agriculture.
(E) No animal shall be made to perform by means of
any prod, stick, electrical shock, chemical or
physical force, or by causing pain or discomfort. Any
whip or riding crop must be used so as not to cause
injury to the animal.
(F) No animal shall be caused to fight, wrestle, or
be physically matched against any other animal or
person.
(G) No animal shall perform or be displayed in any
dangerous situation, such situation presenting the
danger of physical injury to the animal or person.
(H) The Division MAS must be notified of all
displays or performances, including date, time, and
exact location at least 48 hours in advance of a
display or performance.
(I) Elephant ride regulations.
(1) No person, firm, or corporation shall use
elephants for rides in a circus without first
obtaining special authorization from Animal Services.
Such authorization shall be affixed to the authorized
entity's license or permit issued under § 91.021
(2) Qualifications for elephant ride authorization.
(a) Safety record. Applicants for elephant ride
authorization shall include in their initial
application or application renewal for a permit, or
license issued pursuant to §91.021, information that
will identify, by drawings and/or photographs, the
animal(s) that will be used in the rides. The
application, or application renewal for a permit or
license, shall also include a certified statement on
the complete safety record of the animal(s). No
elephant that has caused a serious injury or death to
a handler, trainer, member of the public, or other
person within five years prior to application for a
permit or license shall be used for rides. Safety
incidents that occurred prior to the five-year period
shall be reviewed by Animal Services for possible
exclusion of the elephant for rides, in accordance
with the following factors, but not limited to:
1. The circumstances surrounding the injuries
caused by the elephant.
2. The seriousness or extent of injuries, or
number of individuals affected.
3. The number of safety incidents in which the
elephant was involved.
Animal Services shall have final approval authority
regarding the use of elephants authorized for rides
following consideration of the above factors. In
addition, if an elephant(s) is involved in a safety
incident subsequent to the approval of the application
for a permit or license, but prior to entering, or
while performing in, Louisville Metro, Officers of
Animal Services may direct the animal to be removed
from all exhibition activities until the conclusion of
the investigation or prosecution.
(b) Safeguards. Applicants for a permit or
license, as provided in §§ 91.021, who seek to offer
elephant rides to the general public shall provide
documentation of safeguards to insure public safety.
This documentation shall include:
1. An emergency plan for protecting the public
that specifies what to do in case of elephant
incidents; where tranquilizing equipment and/or
firearms are kept; who is to use tranquilizing
equipment, and when they shall be used to capture,
control, or destroy escaped or out-of-control animals.
2. Such equipment, and an employee trained in
the
use of such equipment, shall be on the premises at all
times that such elephant is in a public contact
situation.
3. An emergency plan to evacuate the elephant
riders in a safe manner in case of animal safety
incidents or non collaboration of the elephant.
(c) Experienced supervision. All elephant rides
shall be supervised by a minimum of one qualified
handler and one assistant at all times. Applicants
shall provide documentation that the handler has had
not less than one year of experience in elephant
handling, and no safety incidents with the elephants
that he or she handled. Such handler and assistant
shall be in the immediate presence of the elephant at
all times when the elephant is in a position to be in
direct contact with the public and when being led to
the rides exhibition, or back to its post. Applicants
shall include the names of handlers and the experience
documentation in their initial application for a
permit or license, and in their renewal applications
thereafter.
(d) Barriers. Two protective physical barriers
shall be present between the elephant and the public
at all elephant ride sites. Such barriers shall have a
space between each barrier to prevent bystanders from
touching the animal and animal from touching
bystanders. Applicants shall include in their
application package photos or drawings of barriers
they intend to use and a description of materials used
to construct such barriers.
(e) Insurance. Applicants must submit when
applying for a permit or license proof of a
certificate of insurance with an insurance company
licensed to do business within the Commonwealth of
Kentucky that provides:
1. Third-party liability coverage protecting the
public from death or injury by the elephants used in
the rides with a limit of liability no less than
$500,000; and
2. An endorsement that requires the insurer to
notify Animal Services in the event that the policy
should lapse or be cancelled.
(f) No unaltered elephant male, female in heat or
with a calf of six months or younger shall be used for
elephant rides.
(g) Only Asian elephants shall be used for
elephant rides.
(h) Final approval. Animal Services shall not
grant authorization for elephant rides at a circus if
any of the requirements in this subsection (I) are not
satisfied. However, Animal Services still may issue a
permit or license to a circus, in accordance with §
91.021, to allow it to perform its other acts, minus
elephant rides.
SALE OF ANIMALS
§ 91.095 EXOTIC SPECIES; KEEPING OF RECORDS.
(A) Exotic species. Any pet shop, animal dealer, or
other person who transfers or permits to be
transferred the ownership of an exotic species, as
herein defined, shall keep records of the ownership
transfer for a period of at least three years. These
records shall include:
(1) Point of origin of the animal.
(2) The medical history of said animal, including
but not limited to vaccinations, diseases, and
treatment.
(3) The date the pet shop, animal dealer, or other
person came into possession of the animal.
(4) The date of transfer and the transferee's name
and address.
(B) Records available. These records shall be kept
by the transferor and shall be made available to the
Division MAS or other authorized agent upon request.
(C) Grounds for citation. Failure to keep such
records and/or to release such records to authorized
personnel shall be grounds for the issuance of a
citation subjecting the owner or person transferring
such animals to the penalties contained, pursuant to §
91.999 and/or the revocation of any license issued
pursuant to this chapter.
§ 91.096 PUPPIES, DOGS, KITTENS, CATS; CERTIFICATION
AS UNFIT FOR PURCHASE.
(A) No pet shop, animal dealer, or other person
shall sell any puppy, dog, kitten or cat which is
unfit for purchase. The purchaser of a puppy, dog,
kitten, or cat from a pet shop, animal dealer, or
other person which suffers or dies of a disease or
parasitic infection must have these conditions or
death certified by a veterinarian within 30 days of
the purchase date as evidence that the animal was
unfit for purchase. Any puppy, dog, kitten or cat
which suffers from any congenital or hereditary
condition must be certified as unfit for purchase by a
veterinarian within one year of the date of purchase.
(B) In the event that a puppy, dog, kitten or cat is
certified as unfit for purchase and such certification
is presented in writing to the pet shop, animal
dealer, or other person, within 72 hours of the
veterinary certification, the owner or purchaser may
choose one of the following options and the pet shop,
animal dealer or other person shall be obligated to
fulfill the conditions of the chosen option.
(1) The owner or purchaser may return the puppy,
dog, kitten or cat for a full refund of the purchase
price plus tax. Additionally, the owner or purchaser
shall be entitled, up to a total amount not to exceed
the full purchase price of the puppy, dog, kitten or
cat, to any veterinary fees incurred relating to the
disease, defect, or infection; veterinary fees
directly related to the veterinarian's examination and
certification that the puppy, dog, kitten or cat is
unfit for purchase pursuant to this § 91.096; and for
veterinary fees directly related to necessary
emergency services and treatment undertaken to remedy
the disease, defect, or infection.
(2) The owner or purchaser may return the puppy,
dog, kitten or cat for an exchange equal to the full
purchase price plus tax. Additionally, the owner or
purchaser shall be entitled, up to a total amount not
to exceed the full purchase price of the puppy, dog,
kitten or cat, to any veterinary fees incurred
relating to the disease, defect or infection;
veterinary fees directly related to the veterinarian's
examination and certification that the puppy, dog,
kitten or cat is unfit for purchase pursuant to this §
91.096; and for veterinary fees directly related to
necessary emergency services and treatment undertaken
to remedy the disease, defect or infection.
(3) The owner or purchaser may retain the puppy,
dog, kitten or cat and attempt to cure the disease,
defect, infection, or to ameliorate the condition
caused by the disease, defect, or infection. The pet
shop, animal dealer, or other person shall be
responsible for the cost of veterinary fees incurred
related to the disease, defect, or infection for which
the puppy, dog, kitten or cat was certified as unfit,
up to the full purchase price of the puppy, dog,
kitten or cat plus tax.
(4) The owner or purchaser of a puppy, dog, kitten
or cat which dies from the disease, defect, infection
or condition for which it is certified as unfit for
purchase may receive a full refund of the purchase
price of the puppy, dog, kitten or cat plus tax in
addition to any veterinary fees incurred relating to
the disease, defect or infection up to the full
purchase price of the puppy, dog, kitten, or cat plus
tax.
(5) The pet shop, animal dealer, or other person
may contest a demand for veterinary expenses, refund,
or exchange made by a purchaser or owner if done so in
writing within two days of the owner or purchaser's
presentment of a certificate of unfitness. In the
event that the pet shop, animal dealer, or other
person wishes to contest a demand for veterinary
expenses, refund, or exchange made by the purchaser or
owner pursuant to this § 91.096, the pet shop, animal
dealer or other person shall have the right to require
the consumer to produce the puppy, dog, kitten or cat
for examination by a licensed veterinarian designated
by the dealer. Upon such examination, if the consumer
and the dealer are unable to reach an agreement which
constitutes one of the options set forth in
subsections (B)(1) through (4) within ten business
days following receipt of the animal for such
examination, the consumer may initiate an action in a
court of competent jurisdiction to recover or obtain
such reimbursement of veterinary expenses, refund or
exchange.
§ 91.097 WAIVER.
(A) A purchaser may sign a waiver knowingly
relinquishing all of the above rights specified in §
91.096(B). The waiver must include the following
language:
?These are your rights under Chapter 91 of the Metro
Government Code of Ordinances. If you purchase any
puppy, dog, kitten or cat and
(1) Within thirty (30) days after such purchase, the
animal is certified by a veterinarian as having been
unfit for purchase because it suffers from, or dies as
a result of, a disease or parasitic condition, or
(2) Within one (1) year of the date of purchase, the
animal is certified by a veterinarian as suffering any
congenital or hereditary condition; Then you have the
right to return the animal to the seller within
seventy-two (72) hours of the veterinary certification
and receive a full refund or exchange of equal value,
or you may keep the animal and attempt to cure the
condition. You may also recover certain qualified
veterinary fees up to the purchase price of the
animal. If you sign this waiver, you will lose these
rights.?
(B) The waiver must be in bold print and signed by
the buyer. If such a waiver is signed by the buyer,
the pet shop, dealer, or other person may offer his or
her own warranty, or sell the puppy, dog, kitten, or
cat ?as is.?
(C) In addition to the other requirements of this
section, the owner of each dog, puppy, cat or kitten
which is placed for sale, adoption or placement shall
maintain a record which documents the origin of the
animal. This record shall contain the name, address,
and telephone number of the kennel/cattery and its
owner, or the individual which produced the animal. In
the case of adoption from a licensed humane animal
welfare group or government-operated shelter, the
record must indicate if the animal was a stray, where
it was picked up, and by whom, and if previously
owned, the name and address. This record shall be
available to the Division MAS.
(D) The document shall also contain, other than if
being adopted from a shelter, if the animal originates
from:
(1) JEFFERSON COUNTY, the animal dealer, pet shop,
kennel or cattery license number, or the individual
dog/cat license number of the female dog/cat that
produced the litter or individual animal.
(2) KENTUCKY (outside Jefferson County), the state
kennel license or individual dog license number(s),
and the United States Department of Agriculture (USDA)
animal dealer license number (if applicable) of the
owner that produced the litter or individual animal.
(3) OUTSIDE KENTUCKY, the USDA animal dealer
license number (if applicable) of the owner that
produced the litter or individual animal.
(E) All advertisements for the sale, adoption, or
placement of these animals within Jefferson County
must contain the owners, animal dealer, pet shop,
kennel or cattery license number, and/or their
individual dog/cat or multiple cat household license
number.
§ 91.098 DANGEROUS ANIMALS.
No dangerous animal as defined in this chapter shall
be kept within Jefferson County.
DANGEROUS DOGS AND POTENTIALLY DANGEROUS DOGS
§ 91.110 DANGEROUS DOGS AND POTENTIALLY DANGEROUS
DOGS.
(A) Prohibition. No dog shall commit an attack or
severe attack, as previously defined. In the event
that a police officer or Animal Control Officer
witnesses either type of attack or witnesses the
wounds or injuries caused by the attack, and the
offending animal(s) can be identified by credible
evidence, including, but not limited to, witness
identification, forensic evidence, or other physical
evidence, the dog(s) may be impounded and the owner
cited for violation of this section. If the owner is
cited and the animal(s) impounded, the animal(s) shall
remain impounded subject to the conditions set forth
in § 91.035, pending a decision by District Court,
unless ownership is voluntarily relinquished and the
dog(s) turned over to the Division MAS. Upon a plea
or finding of guilt, the dog(s) may be redeemed by the
owner after inspection and verification of a proper
enclosure as previously defined, unless ordered
euthanized by the court. There the dog(s) shall
remain, securely confined, and may not be removed
except to be treated by a veterinarian or to be turned
in to or inspected by the Division MAS. While being
transported to the veterinarian or animal control
shelter, it must be muzzled and restrained by a leash
no longer than three feet in length. No owner of a
dangerous dog(s) or potentially dangerous dog(s) may
transfer ownership or the location where the animal(s)
is contained. The owner shall be responsible for all
veterinary, euthanasia, redemption, and/or boarding
fees.
(B) Exemptions. An animal shall not be deemed to be
a potentially dangerous dog or dangerous dog solely
because it bites or attacks:
(1) Anyone assaulting its owner. This shall not
include any peace officer attempting to subdue or
effect the arrest of a suspect.
(2) Any person who is in the act of tormenting or
abusing it.
(3) Any unrestrained animal which attacks it or its
young while it is restrained in compliance with this
chapter.
(4) Anyone entering the owner's property to commit
robbery, burglary, assault, or other crime. Simple
trespass by a person onto private property shall not
be considered provocation for any attack.
(5) While performing work by a governmental law
enforcement agency.
§ 91.111 ALTERNATIVE PROCEDURES FOR CONTROLLING
DANGEROUS DOGS AND POTENTIALLY DANGEROUS DOGS.
As an alternative to the procedures set forth under
§ 91.010(A), the Director, or his/her designee, shall
have the authority to do all of the following
procedures. If at any time during the process under
this § 91.111, the Director determines that a dog is
an immediate threat to public safety and welfare, the
Director shall impound the dog and proceed under §
91.110.
(A) Upon observation of an at-risk dog by an
Animal Control Officer, or upon receipt of a complaint
of an at-risk dog, the identity of the owner shall be
determined. If the identity of the dog?s owner cannot
be determined, the dog shall be immediately impounded.
(B) If the dog?s owner can be identified, the
Animal Control Officer shall investigate the
circumstances of the complaint. If the Animal Control
Officer finds probable cause to believe that the dog
is a dangerous dog as defined in this Chapter, the dog
shall be immediately impounded pending a final
determination by the Director. If the Animal Control
Officer finds probable cause to believe that the dog
is a potentially dangerous dog as defined in this
Chapter, the dog may be returned to the owner provided
that (1) the dog is not an immediate threat to public
safety and welfare; and (2) the owner signs an
acknowledgment on a form provided by MAS that he/she
is the dog?s owner, and that the owner will confine
the dog to the owner?s property pending a final
determination by the Director. If the owner[s] fail
or refuse to sign such an acknowledgment, the dog
shall be immediately impounded pending a final
determination by the Director.
(B) The Director shall forthwith determine if the
dog under investigation is a dangerous dog or a
potentially dangerous dog as defined in this Chapter.
(C) If an at-risk dog under investigation has
previously been classified as a potentially dangerous
dog and exhibits escalating aggressive behaviors which
threaten public safety or welfare, that circumstance
alone may be grounds for an Animal Control Officer to
impound the dog, and for the Director to determine
that the dog is a dangerous dog.
(D) If the Director determines that a dog under
investigation is a dangerous dog or a potentially
dangerous dog as defined in this Chapter, the Director
shall notify the owner of the dog in writing, by
certified mail and a return receipt which shows the
date and place delivered. The notice shall advise the
owner of (1) the provisions of this Chapter relating
to the requirements for ownership of a dangerous dog
or a potentially dangerous dog; and (2) the owner?s
right to appeal the Director?s determination together
with the process for filing an appeal.
(E) If the owner of a dog which the Director has
declared to be a dangerous dog or a potentially
dangerous dog is unknown, the dog shall not be
released from impoundment except under conditions
which comply with § 91.112.
(F) The owner of a dog which has been determined by
the Director and declared to be a dangerous dog or a
potentially dangerous dog may appeal that
determination to the Secretary. The appeal shall be
in writing and shall be filed within five days of
receipt of notice of the Director?s determination.
The Secretary?s decision on the appeal shall be final
for all purposes.
(G) The owner of a dog which has been declared a
potentially dangerous dog may petition the Board for
removal of the classification if a period of 18 months
has passed since the Director?s determination without
a complaint or incident of a violation of this Chapter
involving the dog. As a condition of reclassification,
the Director may require the owner, at the owner?s
sole expense, to (1) assign the dog to complete an
obedience class designated by the Director; (2) have
the dog evaluated by an animal behavior specialist
approved by the Director; or (3) attend a responsible
ownership class.
§ 91.112 REQUIREMENTS FOR OWNERSHIP OF A DANGEROUS
DOG OR A POTENTIALLY DANGEROUS DOG
(A) Potentially Dangerous Dog. In addition to
restraints which apply to all dogs as defined in the
Chapter, a dog classified by the Director as a
potentially dangerous dog shall only be kept in an
enclosure which the Director finds to be sufficiently
secure to contain the dog taking into consideration
the dog?s size and behavior and the dog?s history.
The enclosure shall be sufficiently secure to prevent
trespass and to prevent children from coming into
contact with the dog. When outside an approved
enclosure, the dog must be kept at all times on a
leash no more than four feet in length, and under the
control of a person physically able to handle the dog.
The owner shall file photographs of the dog with the
Director, and the dog shall have a microchip implanted
at the owner?s expense.
(B) Dangerous Dog. In addition to restraints which
apply to all dogs as defined in the Chapter, a dog
which has been classified by the Director as a
dangerous dog shall only be kept in an enclosure which
the Director finds to be sufficiently secure to
contain the dog taking into consideration the dog?s
size and behavior and the dog?s history. The
enclosure shall be sufficiently secure to prevent
trespass and to prevent children from coming into
contact with the dog. When outside an approved
enclosure, the dog must be kept at all times on a
leash no more than four feet in length, muzzled, and
under the control of a person physically able to
handle the dog. The owner shall file photographs of
the dog with the Director, and the dog shall have a
microchip implanted at the owner?s expense.
(C) Insurance. The owner of a dog which has been
classified by the Director as a dangerous dog or a
potentially dangerous dog shall maintain, and shall
file with the Director a certificate of insurance with
an insurance company licensed to do business within
the Commonwealth of Kentucky; which provides:
(1) third party liability coverage protecting the
public from death or injury by the dog with a limit of
liability no less than $100,000; and
(2) an endorsement which requires the insurer to
notify MAS in the event that the policy should lapse
or be cancelled.
(D) Location; Transfer of Ownership The location] of
any dog which has been classified by the Director as a
dangerous dog or potentially dangerous dog shall not
be changed for any period in excess of three (3) days
without notification to the Director which MAS shall
provide by regulation. The owner of any dog which has
been classified by the Director as a dangerous dog or
potentially dangerous dog shall not be changed without
immediate notification to the Director by means which
MAS shall provide by regulation.
(E) Transportation. No dog which has been
classified by the Director as a dangerous dog or
potentially dangerous dog shall be transported in any
vehicle unless the dog is contained in a closed and
locked cage or crate.
(F) Additional Fees. The owner of any dog which has
been classified by the Director as a potentially
dangerous dog shall pay annually to MAS a fee of $250
to cover record keeping and monitoring costs incurred
by MAS. The owner of any dog which has been classified
by the Director as a dangerous dog shall pay annually
to MAS a fee of $500 to cover record keeping and
monitoring costs incurred by MAS.
(G) Violations of requirements. It shall be unlawful
for the owner of any dog which has been classified by
the Director as a dangerous dog or a potentially
dangerous dog to fail or refuses to carry out and
perform all of the requirements of this § 91.112. In
addition to the penalties under § 91.999, the Director
shall immediately impound the dog.
RELEASE OF BALLOONS
§ 91.120 RELEASE OF BALLOONS.
(A) Purpose.
(1) The Metro Government finds that the release
into the atmosphere of lighter than air latex rubber
balloons and plastic mylar balloons has created an
ecological problem because such balloons are carried
east by prevailing winds and burst over the Atlantic
Ocean where they have been eaten by dolphins, sea
turtles, seabirds and migratory waterfowl sometimes
resulting in the death of such animals by intestinal
blockage; and
(2) Although the Metro Government recognizes that
the aforesaid ecological problem is but a small part
of the global issue of responsible water management
and ocean protection and reclamation, the prohibition
of balloon launches by an inland municipality will
constitute one small act of concern and awareness
which it is hoped will encourage other municipalities
and states to take similar actions on behalf of our
planet's oceans and ocean life; and
(3) The festive atmosphere created by large
displays of balloons can be achieved without actually
releasing the balloons into the atmosphere.
(B) Prohibition. No person shall intentionally
cause rubber and/or plastic Mylar balloons to be
released into the atmosphere.
§ 91.998 § 91.997 SEVERABILITY.
If any provision of this chapter as now or later
amended or its application to any person or
circumstance is held invalid, the invalidity does not
affect other provisions that can be given effect
without the invalid provision or application.
§ 91.998 CIVIL PENALTY
(A) Any person who violates any of the provisions of
this ordinance shall be subject to a civil penalty.
Any person cited pursuant to this subsection may pay
the minimum civil penalty within seven days from the
date of issuance or request a hearing of such penalty
by the Code Enforcement Board ("Board") in accordance
with §§ 32.275 et seq. If the person fails to respond
to the citation within seven days as referenced above,
the person shall be deemed to have waived the right to
a hearing. In this event, the Board shall enter a
final order determining that the violation was
committed and impose the maximum civil penalty set
forth in the citation.
(B) Any person who violates any provision of any of
the provisions of this ordinance shall be subject to a
civil penalty of not less than $150 nor more than
$1000. Penalties for each subsequent offense shall be
cumulated as mulitples of the number of previous
offenses.
§ 91.999 PENALTY.
(A) Any person violating any of the following
provisions: §§ 91.007, 91.009, 91.0201, 91.0202,
91.0204, 91.0205, 91.037, 91.050 through 91.054,
91.056, 91.058 through 91.060, 91.098, or 91.110 or
91.112 shall be deemed guilty of a Class A misdemeanor
and shall be punished by a fine not to exceed $500 or
be imprisoned for a period not to exceed 12 months in
jail, or both so fined and imprisoned. Each day a
violation continues shall constitute a separate
offense.
(B) Except as provided in subsection (A) directly
above, any person violating any other provision of
this chapter shall be deemed guilty of up to a Class B
misdemeanor and may be punished up to a $250 fine or
imprisoned for a period not to exceed 90 days in jail,
or both so fined and imprisoned. Each day a violation
continues shall constitute a separate offense.
(C) Any person found guilty of owning a dangerous
dog, in addition to the penalties imposed, may be
required by a District Court Judge to have the dog
humanely euthanized if in the opinion of that judge
the severe attack warrants such action.
(D) Any person found guilty of owning a potentially
dangerous dog or dangerous dog, shall be fined not
less than $250 and shall have the dog spayed, or
neutered within seven days of that finding. Proof of
the surgery must be provided to the Division MAS
within 24 hours of its performance.
(E) Any person found guilty of owning a potentially
dangerous dog or dangerous dog, in addition to any
other penalties or stipulations imposed, shall within
seven days of that finding also have the dog implanted
with a microchip identification. Within seven days of
that implantation, the owner shall present the animal
to the Division MAS for scanning and verification of
the microchip and identification number.
(F) In addition to any penalties and/or stipulations
imposed, anyone convicted of violations of §§ 91.0201,
91.0202, 91.0204, 91.0205, 91.050 through 91.061 and
91.098 shall also be required to relinquish ownership
of the animal(s) to the Metro Government immediately
upon that conviction.
(G) Any person found guilty of violating the
provision of § 91.120 shall be fined not less than $50
nor more than $250 for each offense
SECTION II. This Ordinance shall take effect upon its
passage and approval.
_______________________________
Kathleen J. Herron
Metro Council Clerk _____________________________
Kevin J. Kramer
President of the Council
_______________________________
Jerry E. Abramson
Mayor
_____________________________
Approval Date
APPROVED AS TO FORM AND LEGALITY:
Irv Maze
Jefferson County Attorney
BY: ____________________________
Chapter 91 - Committee Substitute - Draft #7 - 6 June
2006 - ROC/wtw
Ecclesiastes 9:4 "For him that is joined to all living there is hope: for a
living dog is better than a dead lion."Sandi Coy RN, Chairwoman Responsible
Dog Owners Eastern StatesResponsible Dog Owners of KYPresident Bluegrass
APBT Club1116 Peppers RDHodgenville KY 42748270-358-5729NO COMPROMISE ON SB
861-VOTE NO, ADVOCATE NO, WRITE NO
__________________________________________________
Ginger Cleary, Rome, GA
"A lie gets halfway around the world before
the truth has a chance to put its pants on."
~ Winston Churchill
www.rihadin.com
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