COMMISSIONERS’ ORDINANCE NO. O-33-03
AN ORDINANCE ADOPTING A REVISED ANIMAL CONTROL ORDINANCE FOR THE CITY OF COVINGTON, INCORPORATING SAME IN THE CITY OF COVINGTON CODE OF ORDINANCES, 1984 EDITION, AT CHAPTER 90, AND REPEALING ALL OTHER PRIOR OR CONFLICTING LEGISLATION.
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BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF COVINGTON, KENTON COUNTY, KENTUCKY:
Section 1
That the following revised animal control ordinance is hereby adopted, and incorporated into the City of Covington Code of Ordinances, 1984 edition, at Chapter 90, and all other prior or conflicting legislation is hereby repealed.
TITLE IX: GENERAL REGULATIONS
CHAPTER 90. ANIMALS.
GENERAL PROVISIONS
§ 90.01 DEFINITIONS.
For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ANIMAL. Any live creature, domestic or wild, male or female, except humans.
ANIMAL CONTROL OFFICER. The City official(s) designated as animal control officer(s) as well as the animal control officers and dog wardens of the Community Dog Warden Authority, pursuant to the interlocal cooperative agreement entered into by and between the City and certain other communities in the county, and the County Dog Warden appointed pursuant to KRS 258.195.
ANIMAL SHELTER. The Kenton County Animal Shelter or a facility authorized by an animal control officer for confinement, maintenance, safekeeping, and control of animals that come into custody of the animal control officer or enforcement agent in the performance of his or her official duties.
AT LARGE. On or off the premises of the owner and not under the immediate effective control of the owner or custodian, either by leash, cord, chain, or other restraint, or effectively confined within a fenced area on the owner's premises. It shall be presumed that a dog is at large if it is not licensed or not registered under this subchapter.
BIRD OF PREY. Any variety of predatory bird, including eagles, hawks, falcons, owls, and vultures.
CAT. Any member of the feline species, male or female, of any age.
CITY. The City of Covington, Kentucky, a municipal corporation of the second class, and including any departments, divisions, boards, or agencies thereof.
CITY LICENSE. The license issued by the City or its designated agent by appropriate municipal order, and required to be worn as hereinafter stated.
COLLAR. Any band, chain, harness, or suitable device worn around the neck of a dog to which a license may be affixed.
DOG. Any member of the canine species, male or female, of any age.
ENFORCEMENT AGENT. Any person designated by the City to enforce the provisions of this subchapter, including but not limited to animal control officers and City police officers.
EXOTIC ANIMALS. Any of the following described animals: all animals, including snakes and spiders, whose bite or venom is poisonous or deadly to humans; apes, including chimpanzees, gibbons, gorillas, and orangutans; baboons; bears; cheetahs; crocodilians and alligators; constrictor snakes; coyotes; elephants; gamecocks and other fighting birds; hyenas; jaguars; leopards; lions; lynxes; ostriches; pumas, also known as mountain lions and panthers; wolves; raccoons; skunks; and tigers.
FALCONRY. The art of training raptorsfor the pursuit of game and the sport of hunting with raptors.
FOWL. Any and all fowl, domestic or wild, male or female, including chickens, ducks, turkeys, pigeons, and geese.
KEEP. Possessing, controlling, exercising, or allowing to run at large.
LEASH or LEAD. Any chain, rope, or device used to restrain an animal.
MICROCHIP. A tiny, passive electronic device implanted under an animal’s skin that serves as a permanent identification marker.
OWN. To own, have a property right in, keep, care for, or harbor a dog or other animal, or permit a dog or animal to remain on or about premises owned or occupied by him or her, whether or not the person has an actual ownership interest in the dog or animal.
OWNER. Any person who owns, has a property right in, keeps, cares for, or harbors a dog or other animal, or permits such dog or animal to remain on or about premises owned or occupied by him or her, whether or not the person has an actual ownership interest in the dog or animal. If a dog is owned by a family, all adult members of the family, individually and jointly, shall be deemed owners for the purposes of this subchapter.
PERSON. Any individual, firm, corporation, limited liability company, association, or partnership.
PIT BULL DOG. Any dog which exhibits those distinguishing characteristics which substantially conform to the standards established by the American Kennel Club for American Staffordshire Terrier, or Staffordshire Bull Terriers, or substantially conform to the standards established by the United Kennel Club for American Pit Bull Terriers, including any mixed breed of dog which contains as an element of its breeding the breed of Staffordshire Bull Terrier, American Staffordshire Terrier, or American Pit Bull Terrier.
PUBLIC NUISANCE. Any dog, cat, or other animal or animals that: (1) chases passersby or passing vehicles; (2) attacks other animals; (3) is at large three or more times within a year's time; (4) damages private or public property; (5) barks, howls, cries, or makes other loud noises, or runs at large, so as to disrupt the peace of the neighborhood; or (6) is kept, housed, or harbored in such a manner so as to present unsanitary conditions, or causes offensive, obnoxious, or foul odors which impair the reasonable use and enjoyment of surrounding properties.
RUNNING AT LARGE. Any dog, cat, or other animal that is free of restraint off of the premises of the owner. Dogs, cats, and other animals that are not securely held on a leash or lead and are on any street, alley, or sidewalk, or at any other public place, or on private property without the consent of the property owner are considered to be running at large.
STATE. The Commonwealth of Kentucky, and its departments, divisions, boards, and agencies thereof.
STATE LICENSE. The license or tag required by KRS Chapter 258.
VACCINATION. An anti-rabies vaccination using a type of vaccine approved and administered by a veterinarian.
VETERINARIAN. Any veterinarian licensed by the state to practice veterinary medicine or employed by a governmental agency.
VICIOUS DOG. The following are considered vicious dogs under this subchapter: 1) apit bull dog; 2)a wolf-hybrid; 3) any dog that has caused death or serious injury to a person engaged in a lawful activity or has attacked or bitten without provocation a person engaged in a lawful activity; or which has killed or seriously injured another animal after an animal control officer or enforcement agent has issued, based upon the vicious or predatory nature of the dog, a written or verbal notice to the owner or custodian of such dog to keep it confined or muzzled and leashed in accordance with this subchapter; or which has been declared to be vicious by the attending physician of the victim of an attack or an animal control officer or enforcement agent, taking into consideration the nature and severity of the incident and whether the dog has displayed dangerously aggressive behavior and is likely to inflict injury on another person or animal. A vicious dog does not include a dog that bites or attacks a person or other animal that provokes, torments, tortures, or treats an animal cruelly.
VICIOUS DOG TAG. A tag issued by the City upon registration of vicious dogs.
WILD ANIMAL. Any animal that is not a domesticated companion animal, or any crossbreeds of these animals with domestic animals, or any descendant of any crossbreed. Such animals include, but are not limited to, any venomous snake, python or constrictor snakes, porcupines, monkeys, raccoons, skunks, leopards, lions, tigers, lynx, bobcats, badgers, fox, coyote, wolves, wolverines, squirrels, bears, deer, chipmunks, moose, elk, rabbits, opossum, beavers, ground hogs, moles, gophers, prairie dogs, rats, mice, rodents, and bats.
WOLF-HYBRID. Any domesticated dog that has in its known genetic history and/or formal pedigree crossbreeding with the wolf species to include, but not be limited to, animals referred to as wolf-hybrids or wolf-mix breeds or the breed known as Tundra Shepherd.
§ 90.02 AGREEMENTS; ENFORCEMENT.
(A) Agreements. The City is authorized to enter into any necessary and proper agreements for the purpose of carrying out the provisions of this subchapter. Any such agreement shall be recorded in writing with the City Clerk and available for inspection by the public.
(B) Enforcement. It shall be the duty of animal control officers and enforcement agents to enforce this subchapter. Upon the receipt of a complaint from any person that an animal is present within the City in violation of this subchapter, an animal control officer or enforcement agent shall forthwith investigate the complaint and shall require the person in possession of such animal to comply with the provisions of this subchapter or to safely remove such animal from the City. Upon failure of the person in possession of the animal to comply with such order, an animal control officer or enforcement agent shall forthwith cause the animal to be seized and impounded. If such animal constitutes a serious threat of harm to humans, property or other animals, it may be rendered immobile by means of tranquilizers or other drugs, or if that is not safely possible, then such animal may be destroyed.
(C) Consultation. An animal control officer or enforcement agent, in investigating any person registering under this section or in the enforcement of this subchapter, is authorized to consult with and seek the advice of any individual, agency, organization, or society that may be able to provide information and advice concerning animals regulated hereby.
§ 90.03 APPLICABILITY OF STATE LAW.
No person owning any animal shall violate any laws, rules, or regulations of the state applicable thereto. These state laws, rules, and regulations are included herein by reference. Where the provisions of the state regulations are less restrictive than the provisions of this subchapter, the latter shall govern.
RULES AND REGULATIONS
§ 90.09 REGISTRATION OF VICIOUS DOGS.
(A) Registration, photographs, and proof of vaccination required. Every owner of a vicious dog (which includes pit bull dogs and wolf-hybrids) in the City shall annually register the animal with the City Finance Department. This registration shall state the name, address, and telephone number of the person possessing the animal, the address where the animal is harbored, if different from the possessor's address, completely identify the animal, including genus and species, his or her common name, gender, color, and other distinguishing physical characteristics, including size and weight. An owner of a vicious dog shall also submit two color photographs showing the color and approximate size of the animal with the registration and obtain from the City a vicious dog tag. In the case of dogs or other animals required by law to be vaccinated for rabies, proof of rabies vaccination shall also be provided. Registration shall be completed for all animals that are located or kept within the territorial limits of the City for a period exceeding 24 hours. The registration period shall run from July 1 to June 30 of the following year.
(B) Proof dog or animal has been spayed or neutered. Every owner of a vicious dog in the City shall submit with its initial registration written proof from a veterinarian that the animal has been spayed or neutered, or a written statement from the veterinarian why the animal cannot or should not be spayed or neutered.
(C) Microchip identification required. Every owner of a vicious dog in the City is required to have a microchip installed or injected in the animal. Proof of microchip installation or injection is required at the time of registration of the vicious dog. The microchip shall be installed or injected under the skin of the animal by a veterinarian, or other properly trained and authorized individual, and shall be designed so that, when scanned by an electronic reader, it is capable of providing the identification of the dog’s owner. If such a dog is impounded, the microchip shall be installed or injected prior to its release. The owner or possessor of such a dog shall be responsible for payment of the costs associated with the installation or injection of a microchip in the animal.
(D) Insurance. An owner of a vicious dog must produce evidence that he or she has the ability to respond in damages up to and including the amount of $100,000 for bodily injury to or death of any person or persons or for damage to property that may result from the ownership, keeping, or maintenance of such animal. Proof of financial responsibility may be in the form of a certificate of insurance, or in the form of a surety bond conditioned upon the payment of such damages. If such insurance or surety bond is changed, altered, or terminated after registration of the vicious dog, the owner of such animal shall provide evidence to the City of insurance or surety bond complying with the terms of this provision.
(E) Reporting requirements. Every owner of a vicious dog in the City is required to report the following information in writing to an animal control officer:
(1) The removal from the City or death of the animal; or
(2) The birth of offspring of the animal; or
(3) The new address of the animal if it is relocated within the corporate City limits; or
(4) When the animal is running at large, has been stolen, or has attacked a person or another animal.
(E) Failure to comply. It shall be unlawful for any owner of a vicious dog in the City to fail to comply with the requirements and conditions set forth in this ordinance. A vicious dog found to be in violation of this ordinance shall be subject to immediate seizure and impoundment. In addition, failure to comply with this ordinance will result in the automatic revocation of the license of such animal.
§ 90.10 KEEPING AND MAINTAINING ANIMALS AND VICIOUS DOGS WITHIN THE CITY.
(A) Manner of keeping dogs and animals. No person shall keep or maintain any dog or other animal in the City in such a manner so as to become a public nuisance or to disturb the peace, comfort, or health of any person residing within the City. The keeping of all animals within the City shall be subject to all pertinent regulations of the state and local Health Department.
(B) Vicious dogs to be properly confined or leashed. The owner of a vicious dog shall:
(1) When a vicious dog is indoors, secure all means of egress so that the dog may not exit;
(2) Leash and Muzzle. No person shall permit a vicious dog to go outside of its kennel, pen, or the owner’s residence unless such animal is securely restrained with a leash or lead no longer than three (3) feet in length and the leash or lead is physically controlled by a person 18 years of age or older who is in physical control of the leash. Such animals may not be leashed to inanimate objects such as trees, posts, buildings, etc. In addition, all such animals on a leash or lead outside of the animal’s kennel, pen, or the owner’s residence must be muzzled by a muzzling device sufficient to prevent the animal from biting persons or other animals.
(3) Confinement. All vicious dogs shall be securely confined indoors or in a securely enclosed and locked pen or kennel, except when leashed and muzzled, as provided in paragraph (B)(2) above. Such pen, kennel, or structure must have secure sides and a secure top attached to its sides. A fenced-in yard by itself is insufficient to meet this standard. All structures used to confine such animals must be locked with a key or combination lock when such animals are within the structure. Such structure must have a secure bottom or floor attached to the sides of the pen, or the sides of the pen must be embedded in the ground to a depth of no less than two (2) feet. All structures erected to house such animals must comply with all zoning and building regulations, and all such structures must be adequately lighted, ventilated, and be of appropriate size to allow the animal confined therein to move around, and must be kept in a clean and sanitary condition. The house or shelter for said animal shall be totally enclosed within the confinement structure. When being transported, the animal must be muzzled or caged.
(a) Signs: All owners of vicious dogs shall display on the kennel or pen and also in a prominent place on the premises a sign easily read by the public from adjoining public roads or streets using a sign stating the presence of a vicious dog by both symbol and words.
(b) Inspection: All owners of vicious dogs shall allow animal control officers and enforcement agents the freedom to inspect the area as necessary to assure that the health and safety needs of the animals and the public are being met.
(C) Conditions precedent to vicious dogs being permitted to remain within the City’s territorial limits. Vicious dogs shall not be permitted to remain within the City’s territorial limits unless all of the following conditions are met:
(1) The animal is properly registered in the City;
(2) The animal is at all times kept or maintained in a safe manner and that it is at all times confined securely so that the keeping of such animal will not constitute a danger to human life or personal property;
(3) Adequate safeguards are made to prevent unauthorized access to such animal;
(4) The health or well being of the animal is not in any way endangered by the manner of keeping or confinement;
(5) Keeping of such animal does not constitute a public nuisance and will not harm the surrounding neighborhood or disturb the peace and quiet of the surrounding neighborhood;
(6) Keeping of such animal will not create or cause offensive odors or constitute a danger to public health;
(7) The quarters in which such animal is kept or confined is adequately lighted and ventilated and are so constructed that it may be kept in a clean and sanitary condition;
(D) Police dog exclusion. It is not the intent of this section to prohibit the Police Department from using any trained dog that may attack on command, provided that each such dog must be in the presence of its handler or confined in accordance with Police Department policy at all times.
(E) Miscellaneous exclusions. The provisions of this section shall not apply to the keeping of vicious dogs in the following cases:
(1) Keeping of such animals in zoos, bona fide educational or medical institutions, museums, or any other place where they are kept as live specimens for the public to view, or for the purpose of instruction, study, or medicinal uses;
(2) Keeping of such animals for exhibition to the public of such animals by a circus, carnival, or other exhibit or show;
(3) Keeping of such animals in a bona fide licensed veterinary hospital for treatment or study.
§ 90.11 LICENSE REQUIRED TO RAISE ANIMALS.
(A) Any person engaged in raising or breeding poultry, pigeons, rabbits, hares, or guinea pigs for commercial purposes or otherwise shall obtain a license from the City and comply with all applicable zoning regulations. Each application for a license shall state the number and kind of poultry or animals to be raised and the location of the premises to be used for that purpose.
(B) The Finance Director shall issue the license for raising poultry or animals.
§ 90.12 HARBORING FOWL.
(A) Subject to the City’s zoning regulations, no person shall own in the City any chicken, duck, guinea, goose, pigeon, or dove, or any species of fowl of the avian or aquatic family for commercial purposes, within 100 feet of any residence therein.
(B) No person shall permit any such chicken, duck, guinea, goose, dove, pigeon, or any fowl of the avian or aquatic family to run or be at large within the City. However, the provisions of this section shall not apply to any fowl confined in coops at market places or stores where the fowl is sold for food, except that any fowl kept for sale shall not be permitted to run at large at the place where the fowl is kept for sale, or the owning of pigeons and birds of prey for the purposes of falconry.
§ 90.13 SANITARY CONDITIONS REQUIRED.
(A) All persons raising poultry or animals within the City, whether for commercial purposes or otherwise, shall be required to keep them at all times in a clean and sanitary condition and free from obnoxious odors.
(B) The premises upon which fowl, rodents, cattle, horses, sheep, or goats are kept shall always be sanitary and subject to inspection and regulation by the animal control officer.
§ 90.14 WILD ANIMALS AND EXOTIC ANIMALS PROHIBITED
No person shall own wild animal(s) and/or exotic animal(s) within the jurisdictional boundaries of the City. This prohibition does not apply to zoological parks, properly licensed transient animal exhibits, circuses, licensed veterinarians or licensed caregivers to wild animals, or persons owning birds of prey in compliance with all state and federal regulations.
§ 90.15 BREEDING VICIOUS DOGS, EXOTIC ANIMALS, AND WILD ANIMALS.
The breeding of vicious dogs, exotic animals, and wild animals within the boundaries of the City is strictly prohibited and enforcement agents may impound such animals when they are pregnant or any litter these animals may produce. This prohibition shall not apply to person(s) owning and/or breeding birds of prey for the purpose of falconry in compliance with all state and federal regulations.
§ 90.16 ANIMAL CARCASSES.
(A) The body or part of any animal to be used for human food shall not be transported through any streets, unless it is covered so as to protect it from insects, animals, dust, and dirt.
(B) No person shall permit any dead horse, cow, sheep, or other animal carcass to remain within the City longer than a reasonable time for removing or burying the animal carcass.
(C) When a dead animal is found in the City, the owner shall promptly and properly bury the animal when notified to do so by an animal control officer or enforcement agent. Where the owner is unknown or neglects or refuses, an animal control officer or enforcement agent, or their designee, shall bury the animal. Refusal or neglect by the owner is punishable as provided in § 90.99.
§ 90.17 INJURING OR POISONING ANIMALS.
(A) No person who accidentally or otherwise strikes an animal with an auto and injures it shall leave the scene without rendering aid and assistance in the care of the animal or contacting the Police Department or animal control officer regarding the injured animal.
(B) No person shall willfully or negligently poison any animal.
§ 90.18 DISEASED ANIMALS.
(A) Every person owning or having any animal under his or her charge within the City which he or she knows or suspects has been affected by any communicable or infectious disease, including but not limited to glanders or anthrax, shall isolate the animal from other animals and shall immediately report the existence or suspected existence of the disease to an animal control officer or enforcement agent.
(B) The animal control officer or enforcement agent is authorized, on the evidence of a veterinary surgeon or three disinterested witnesses, that any animal is incurably injured or diseased, to kill, or order the animal to be killed at once.
§ 90.19 FASTENING ANIMALS TO TREES; IMPOUNDMENT.
(A) No person shall at any time fasten any horse or other animal to or around any hydrant, pole, shade tree, or other inanimate object on any street or public ground. Any enforcement agent may impound the animal so fastened until any penalty as may be provided and any expenses reasonably incurred in keeping and caring for the animal are paid. If the fine and charges are not paid within seven days, the animal shall be deemed a stray and treated as provided for in §§ 90.31 through 90.35.
(B) Any person who finds an animal on his or her property to his or her injury or annoyance may:
(1) Remove the animal to the Animal Shelter; or
(2) Retain possession of the animal and, as soon as possible, notify the Animal Shelter or the City animal control officer of this custody, giving a description of the animal and the owner's name, if known.
§ 90.20 DEPOSITING ANIMAL REFUSE IN PUBLIC PLACES.
No person shall deposit any dead animal matter, offal, or any solid refuse animal matter in any sewer, watercourse, vacant lot, or pond in the City. The depositing of the refuse animal matter in any such place is declared a public nuisance.
§ 90.21 MINIMUM AREA LIMITATIONS.
(A) No animal shall be kept on any lot or parcel of land within the City consisting of less than 10,000 square feet in area.
(B) The provisions of division (A) above shall not apply to the keeping of:
(1) Small household pets, including but not be limited, to dogs and cats; or
(2) Animals for commercial purposes, where such use is lawful under the City zoning code.
ANIMALS AT LARGE; IMPOUNDING
§ 90.30 RUNNING AT LARGE.
(A) The owner of any dog or animal shall keep the dog or animal confined to the premises and property of the owner and shall not allow the dog or animal to run at large, except as provided in the subchapter.
(B) No owner of a dog or other animal shall permit or allow the dog to run or be at large, as defined in § 90.01, or to go about or on the premises or property of any other person within the City without the permission of the other person.
(C) No owner of any cattle, horse, mule, swine, sheep, goat, geese, ducks, chickens, or any other animal shall allow these animals to run at large within the City. Herding any such animals or tying it for grazing in any street or other public place shall be deemed running at large within the meaning of this section. To permit any running at large is declared to be a public nuisance and dangerous to the public health and safety.
(D) No operator or owner of a meat packing plant or slaughter house or any other facility that receives animals for butchering shall permit these animals the opportunity to escape from the facility. Any owner or operator of such a facility shall cause to be constructed at the facility adequate fences and enclosures and shall supervise the loading or unloading of animals from vehicles to assure that no animals escape from the facility.
(E) Any animal led or permitted to run at large in violation of this section shall be impounded at the owner's expense until the penalty for the violation, any impoundment charges, and any other charges required by this subchapter are paid.
(F) Any animal control officer, enforcement agent, or other officer designated by the City is authorized to capture and impound any animal found at large in accordance with this subchapter.
§ 90.31 PLACE OF IMPOUNDMENT.
(A) Any dog or animal seized or captured pursuant to this subchapter may be impounded at the Animal Shelter.
(B) The City may by resolution enter into a contract with any Humane Society in the City or county or other similar association, not organized for pecuniary profit as pound keeper, for the collection, keeping for redemption, and destruction of all animals found in the City and impounded in accordance with the provisions of this subchapter.
(C) The animal control officer or enforcement agent may seize and take into custody and impound, or cause to be taken into custody and impounded the following:
(1) Any dog or animal off the premises of the owner which official or his agent have reason to believe is a stray dog;
(2) Any dog off the premises of the owner without a current registration tag on his or her collar;
(3) Any female dog in heat off the premises of the owner;
(4) Any dog or animal that is permitted to run at large within the City contrary to § 90.30; and
(5) Any vicious dog found to be in violation § 90.09 and § 90.10.
§ 90.32 DISPOSITION OF UNREDEEMED ANIMALS.
When a dog or animal has been impounded and has not been redeemed by his or her owner, the Animal Shelter, or any person authorized under § 90.31 to do so, may cause the dog or animal to be sold or destroyed in a humane manner.
§ 90.33 RECORD TO BE KEPT.
The Animal Shelter or any animal control officer or enforcement agent authorized to impound an animal under this subchapter, and who impounds an animal, shall make a record of the breed, color, and sex of the animal and whether or not it is licensed. If the animal is licensed, the officer shall enter the name and address of the owner and number of the license tag. The officer shall also enter in the record the disposition made of the animal.
§ 90.34 INTERFERENCE WITH IMPOUNDING OF ANIMALS.
No person shall willfully prevent or obstruct the impounding of any animal violating any of the provisions of this subchapter, or shall take any animal out of the Animal Shelter without the consent of the person in charge of the facility, or shall knowingly impound or attempt to impound any animal not legally liable to impoundment.
ANIMAL REGISTRATION AND REGULATIONS
§ 90.51 LICENSE AND REGISTRATION OF ALL DOGS REQUIRED.
(A) All dogs, four months of age or older, owned, kept, harbored, or maintained in the City shall be licensed and registered with the City.
(B) Licenses shall be issued by the City Finance Department upon submittal of application(s) and payment of the following for each animal:
(1) $5 with written evidence that the dog has been spayed or neutered;
(2) $10 for all other dogs, with the exception of vicious dogs; and
(3) $30 for vicious dogs;
Payment of these license fees shall be made to the City at the Finance Department, 638 Madison Avenue, Covington, Kentucky.
(C) The owner shall state at the time the application is made for the license, upon forms provided for such purpose by the City Finance Department, the owner's name and address and the name, breed, color, and sex of each dog owned or kept by him or her and provide proof of rabies vaccination.
(D) Upon receipt of the properly executed application(s) and payment of the license fee, the City shall issue to the owner a license certificate and a metallic tag for each dog so licensed. The tag shall have stamped thereon the year for which it was issued and the number corresponding with the number on the certificate. A separate tag will be issued for vicious dogs.
(E) Every owner shall be required to provide each dog with a collar to which the license tag(s) must be affixed and shall see that the collar and tag(s) are constantly worn on the dog.
(F) In case tag(s) are lost, stolen, or destroyed, duplicate or substitute tag(s) will be issued by the City upon presentation of the receipt or registration showing payment of the license fee for the current year and the payment of $1 for each duplicate or substitute tag.
(G) Tags shall not be transferable from one dog to another and no refunds shall be made on any license fee because of death of the dog or the owner leaving the City before the expiration of the license period.
(H) If there is a change of owners of a dog or animal during the license period, the new owner may have the current registration transferred to his or her name upon payment of a transfer fee of $1.
(I) The registration and license period provided for herein shall be July 1 of one year to June 30 of the following year, and all dogs shall be licensed and registered as provided herein on or before July 1 of each year.
(J) The provisions of this section shall not apply to dogs brought into the City for the purpose of participating in any dog show, nor to "seeing eye" dogs properly trained to assist blind persons when the dogs are actually being used by blind persons for the purpose of aiding them in going from place to place.
(K) All dogs that are brought into the City, except as provided in division (J) above, shall be registered and licensed as herein provided if said animals remain in the City for more than 24 hours.
(L) The licensing and registration herein required shall be in addition to all licenses, registrations, and vaccination requirements of the state or county by law or regulation.
(M) Any dog not bearing a license tag as herein required shall prima facie evidence that the dog is unlicensed and unregistered, and in any proceeding under this subchapter, the burden of proof of the fact that a dog has been licensed and registered shall be on the owner of the dog.
§ 90.52 ANIMAL CONTROL OFFICER OR ENFORCEMENT AGENT TO TAKE POSSESSION; ENTRY ON PRIVATE PROPERTY.
(A) Any dog found at large within the City and not bearing a state license or a City license, or any dog or animal found in violation of the provisions of this subchapter may be taken into custody by an animal control officer or enforcement agent.
(B) An animal control officer or enforcement agent shall have specific authority to enter upon private property for the purpose of inspecting or checking dogs or other animals to determine if they are properly licensed by the City or state, or for taking into custody any unlicensed dog or animal, any dog or animal found at large within the City, or any dog or animal found upon the property of another, other than the owner of the dog or animal.
(C) An animal control officer or enforcement agent may use any reasonable means and force necessary to take control and possession of dogs and animals violating this subchapter, including, but not limited to, using tranquilizer guns or devices. An animal control officer or enforcement agent shall not be liable, either civilly or criminally, for dogs or animals that are unintentionally injured or killed in the process of taking control or possession of the animals as provided herein.
§ 90.53 IMPOUNDING.
(A) All dogs and animals taken into custody by an animal control officer or enforcement agent, as provided in § 90.52, shall be impounded at the Animal Shelter, except as provided in division (B) below.
(B) If the dog is found on the premises of its owner, but is unlicensed by the City or state or at large, an animal control officer or enforcement agent may, in his or her discretion, not impound the dog, but in lieu thereof, issue an administrative fine ticket on a form provided by the City to the owner for owning an unlicensed dog or animal and/or permitting the dog or animal to be at-large.
(C) All dogs and animals impounded shall be handled or disposed of by state law, as provided by KRS Chapter 258 and § 90.32 herein.
(D) No dog or animal impounded by an animal control officer or enforcement agent shall be released to its owner without authority from the City.
(E) If, by a license tag or other means, the owner of an impounded animal can be identified, the Animal Shelter, an animal control officer, or enforcement agent shall immediately, upon impoundment, notify the owner by telephone or mail. An owner reclaiming an impounded dog or animal shall pay a fee imposed by the Animal Shelter or other impounding authority and shall comply with any other requirements of the Animal Shelter or this subchapter before the dog or animal can be released, including but not limited to, the spaying and neutering and injection of a microchip in a vicious dog.
(F) Any dog or animal seized by an animal control officer or enforcement agent shall be impounded for a minimum five days, and if not claimed by the owner by such time, shall become the property of the Animal Shelter, county, or the City. Such animal may be placed for adoption in a suitable home or humanely euthanized.
§ 90.54 INTERFERENCE WITH ANIMAL CONTROL OFFICER OR ENFORCEMENT AGENT.
It shall be unlawful for any person to interfere with, molest, hinder, or prevent an animal control officer or enforcement agent of this City in the discharge of his or her duties as prescribed in this subchapter.
§ 90.55 STRAY DOGS.
Anyone who picks up a stray dog shall immediately notify and turn the dog over to the Animal Shelter or animal control officer. No person shall harbor or hold for reward or procure a license for a dog which has strayed upon his or her premises or which has been picked up on a public street, highway, or other public place unaccompanied by its owner or other person, or which has been stolen from its owner.
§ 90.56 [RESERVED].
§ 90.57 FEMALE DOGS IN HEAT.
Female dogs in heat found running at large shall be seized and impounded, and shall not be released except on approval of the Animal Shelter or an animal control officer and payment of the required fees.
§ 90.58 DOGS AND ANIMALS THAT HAVE ATTACKED OR BITTEN.
(A) The Animal Shelter, animal control officers, or enforcement agents may serve notice upon the owner or person in charge of a dog or other animal which has attacked or bitten a person, to confine the animal at the expense of the owner or person in charge of it upon the premises of the owner or person in charge or at some other place designated in the notice, for at least ten days after the animal has attacked or bitten the person.
(B) The owner or person in charge of an animal which has attacked or bitten a person shall permit the Animal Shelter, animal control officers, or enforcement agents to examine the animal at any reasonable time, and daily if desired, within a period of ten days after the animal has attacked or bitten a person, to determine whether the animal shows symptoms of rabies.
(C) Whenever a dog or other animal is affected by rabies or suspected of being affected by rabies, or has been bitten by an animal known or suspected to be affected with rabies, the owner or person in charge of the dog or animal or any person having knowledge thereof, shall immediately notify either the Animal Shelter, an animal control officer, or the City police.
(D) Every physician shall, within 12 hours after his or her first professional attendance upon any person bitten by a dog or other animal, report to the Animal Shelter, an animal control officer, or the City police, the name, age, sex, race, and precise location of the person so bitten. When a physician is not in attendance of a person bitten by an animal, then any person in charge of or in control of or responsible for the person bitten shall report the incident to the police, an animal control officer, or the Animal Shelter and provide the same information as set out herein.
(E) The Animal Shelter, an animal control officer, or the City police shall serve a notice, in writing, upon the owner of a dog or other animal known or suspected to have been bitten by an animal known or suspected of being affected by rabies, requiring the owner or person in charge of the animal to confine it for a period of not less than six months.
(F) Whenever the police, the Animal Shelter, or an animal control officer has reason to believe that a danger exists that rabies may spread within the City, the officials shall serve a notice in writing upon all persons owning or having charge of any animal requiring the person to confine the animal or, the authorities, in lieu of serving a notice in writing, may cause a notice to be published in the official newspaper of the City. Other animals may be included in the order whenever, in the opinion of the officials, this is necessary.
(G) Whenever the state or local health department has knowledge that any case of rabies exists among dogs or other domestic animals within the state, and in its judgment the disease is liable to spread, the state or local health department may issue an order requiring either the police, the Animal Shelter, or an animal control officer to order animals confined as provided in this section, and to cause the enforcement of these provisions by appropriate proceedings either in law or equity.
(H) An animal confined under the order of either the police, the Animal Shelter, or an animal control officer shall not be released until a certificate of release has been issued by the official who ordered the confinement.
§ 90.59 POWERS OF ENFORCEMENT AGENTS OR ANIMAL CONTROL OFFICER.
Nothing in this subchapter shall be construed to conflict with any of the powers or authority of enforcement agents, including police officers, or animal control officers conferred by the provisions of state law.
§ 90.60 REMOVAL OF DOG EXCREMENT.
No person shall allow a dog under his or her control to be upon public property or upon the property of another, absent the consent of the owner or occupant of the property, without some device for the removal and containment of the dog's excrement; nor shall any person fail to remove any excrement deposited by any dog under his or her control on public or private property. This section shall not apply to guide dogs under the control of a blind person.
§ 90.99 PENALTY.
(A) Any person violating any provision of this chapter, for which another penalty is not provided, shall be deemed guilty of a misdemeanor and be fined not more than $500 or imprisoned for not more than six months, or both.
(B) Any person violating the provisions of § 90.14 shall be deemed guilty of a misdemeanor and shall be fined not less than $250 nor more than $500. Each day of violation shall constitute a separate offense.
(C) Any person violating the provisions of § 90.30 shall be deemed guilty of a violation and shall be fined not less than $50 nor more than $100. Each day of violation shall constitute a separate offense.
(D) Any person violating the provisions of § 90.51 shall be deemed guilty of a misdemeanor and shall he fined not less than $25, nor more than $100 for the first violation, and not less than $100 nor more than $500 for each subsequent violation hereof. Each day of violation shall constitute a separate offense.
(E) An animal control officer may impound the dog pursuant to § 90.54, or in the alternative, may issue an administrative fine ticket to the owner of a dog or animal found to be in violation of this subchapter. In that event, the ticket shall bear a civil penalty of $50, and upon failure to pay the penalty within 15 days, an animal control officer may cause to be issued a criminal complaint in the Kenton District Court for a violation of this subchapter.
(F) Whoever violates § 90.60 shall be deemed guilty of a violation and shall be fined $50.
(G) Any person violating § 90.10 shall be deemed guilty of a Class B Misdemeanor and shall be fined not more than $250 or imprisoned for not more than 90 days, or both, for the first violation, and shall be deemed guilty of a Class A Misdemeanor and fined not more than $500 or imprisoned for not more than one year or both, for each subsequent violation. Each day of violation shall constitute a separate offense. Likewise, vicious dog for which the violation exists shall be considered a separate violation.
Section 2
Any ordinances or parts thereof in conflict herewith are, to the extent of such conflict, hereby repealed.
Section 3
Any section or part of a section or any provision of this ordinance which is declared by a court of appropriate jurisdiction, for any reason, to be invalid, such decision shall not affect or invalidate the remainder of this ordinance.
Section 4
That this ordinance shall take effect and be in full force when passed, published and recorded according to law.
__________IRVIN T. CALLERY_____
M A Y O R
ATTEST:
PAULA K. SPICER_____________
CITY CLERK
Passed: June 10, 2003(first reading)
June 24, 2003(second reading)
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