Hey! It looks like you're either on a mobile device or your browser window isn't maximized. The admin section of your shelter website currently only works on laptop or desktop computers with browser windows at fullscreen..

COMMONWEALTH OF KENTUCKY

COUNTY OF JESSAMINE

 AN ORDINANCE RELATING TO THE AMENDMENT AND REENACTMENT

OF CHAPTER 90 OF THE JESSAMINE COUNTY CODE OF ORDINANCES REGULATING ANIMALS

__________________________________________________________________________________________

             WHEREAS, the Jessamine County Fiscal Court has determined that it is beneficial to the residents of Jessamine County to regulate the animal population and animal establishments within the county to ensure that animals are treated humanely, controlled by their owners and custodians, and subject to the authority of Animal Control as established in K.R.S. 258.195.

          WHEREAS, the Jessamine County Fiscal Court wishes to revise and re-enact Chapter 90 of the Jessamine County Code of Ordinances regulating animals;  and

            NOW, THEREFORE, BE IT ORDAINED BY THE FISCAL COURT OF THE COUNTY OF JESSAMINE, COMMONWEALTH OF KENTUCKY AS FOLLOWS:

ANIMAL CONTROL

§ 90.01 DEFINITIONS.

   For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

ABANDON.  Any canine or livestock left more than 24 hours without a person checking on the condition of the canine or livestock and providing food and potable water or not providing an automatic feeder/waterer.  Any canine or livestock left on private property without the owner’s consent or deserted or dumped on public property or roadways.

 ADEQUATE FOOD.  Wholesome food suitable for the species provided at suitable intervals in a sanitary manner in quantities sufficient to maintain good health in an animal, considering its age and condition.

 ADEQUATE SHELTER. Shall be provided to any canine(s) that remains outside.  The shelter must be suitable for the species, age, and condition of the animal.  The shelter shall:

(1)  be structurally sound, with a solid floor, enclosed sides or walls, and must be properly ventilated.  The shelter shall be sanitary and weather/waterproof.  Suitable drainage must be provided so that water is not standing in or around the structure; and

(2)  be small enough to allow the animal’s body heat to warm the interior of the structure but be large enough to allow the animal to stand up, turn around, and lie down without touching the walls; and

(3)  be made from suitable, appropriate, materials to prevent harm or injury to the animal(s); and

(4)   provide access to shade from direct sunlight and regress from exposure to inclement weather conditions, hot or cold, but which does not exacerbate existing weather conditions; and

(5) placed in an area offering the best available protection from inclement weather, hot or cold.

ADEQUATE VENTILIATION.  Proper air flow and circulation by mechanical, natural, or other means that provide a constant exchange of air, with fresh, clean, oxygenated air replacing the contaminated, dirty, un-oxygenated air within a confined space.

ADEQUATE WARMTH.  Sufficient, comfortable degree of temperature of a confined space or containment area that will not lower nor raise the average body temperature as appropriate for the species.   

ADEQUATE VETERINARY CARE.  an appropriate level of professional medical care and treatment by a veterinarian licensed by the Kentucky Board of Veterinary Examiners to maintain the proper health and condition of an animal as determined by its breed and age.

ADEQUATE WATER.  A supply of clean, fresh, potable water provided on a continual basis in a sanitary manner suitable for the condition, and age of the animal. The supply shall be in sufficient amounts to maintain good health in the animal, and in a suitable container secured to prevent turnover.

ANIMAL.  Any live domesticated vertebrate creature

ANIMAL CARE AND CONTROL.  The department of the Jessamine County Fiscal Court which is designated by the Fiscal Court that is responsible for the operation the Jessamine County Animal Shelter and the enforcement of the provisions of this chapter, Kentucky Revised Statutes Chapter 258, and Kentucky Revised Statutes pertaining to animal cruelty. 

ANIMAL CONTROL OFFICER.  Any person designated by the Director of Animal Control who is qualified to perform the duties under the laws and ordinances of the Commonwealth of Kentucky and the county and all peace officers with jurisdiction in unincorporated areas of Jessamine County or any incorporated area of Jessamine County where there is an inter-local agreement for  enforcement of  local animal control ordinances.  An Animal Control Officer shall be a law enforcement officer for the purposes of animal control only as established in K.R.S. 436.605 and K.R.S. 258.195   

ANIMAL SHELTER.   Any facility used to house or contain animals, operated or maintained by a governmental body, incorporated humane society, animal welfare society, society for the prevention of cruelty to animals, or other non-profit organization as established in K.R.S. 258.095

ANIMAL WELFARE GROUP.  Any non-profit organization incorporated  in Kentucky as a humane society, animal welfare society, society for the prevention of cruelty to animals, or other non-profit organization established for the purposes of caring for, housing and adopting stray or unwanted animals.

ATTACK.  An act by a canine that without provocation causes bodily injury to a Human Being ,livestock, and domestic animal by attempting to bite or biting. This definition shall not apply to an attack by a dog that is protecting the property or life of its owner(s) or the attack of a person who has illegally entered or is trespassing on the dog owner’s property in violation of KRS 511.060 through 511.090.

Beating.  To strike an animal repeatedly and injuriously. 

Bite.  A wound caused by the bite of an animal which causes puncture wounds.

CANINE.  In its singular or plural form shall refer to a domesticated carnivorous animal identified as canis familiaris.

CONTROL. The ability to manage and direct the behavior of a dog, either by leash or by observation and voice command.

CANINE LICENSE.  A license that is issued by Jessamine County Animal Care and Control, or its representitives,  for all canines owned or harbored within the  unincorporated area of Jessamine County or any incorporated area of Jessamine County  The license identifier shall be a microchip or identifying integrated circuit placed under the skin of a canine which is implanted into the canine’s skin.   The microchip shall use passive radio frequency identification technology.  At the time of licensure the owner of any canine shall have the option to not have their canine implanted with a microchip and shall instead be issued a serial numbered tag that shall be affixed to the canines collar at all times.

DAY.  For the purposes of this chapter, a 24 hour period shall constitute a day.

DIRECTOR OF ANIMAL CARE & CONTROL.  The person approved by the Fiscal Court as the Chief Officer of Animal Care & Control.

DOMESTIC ANIMAL.  Animals that are habituated to live in or about the habitations of human beings, and which are kept, cared for, sheltered, fed, or harbored for use as a pet.

DWELLING.  The house or other structure in which a human being lives.

EXOTIC ANIMAL.  Any animal not indigenous to the United States.

EXTREME WEATHER CONDITIONS.  Periods of time when weather conditions are such that a Heat Warning or Wind Chill Warning is issued by the National Weather Service. 

FELINE.  (Animals) of, relating to, or belonging to the Felidae, a family of predatory mammals, including cats

LIVESTOCK.  Cattle, sheep, swine, goats, horses or any other animals of the bovine, ovine, porcine, caprine, or equine species.

LOT.  Any parcel or tract of real estate in Jessamine County of which there is a deed or plat recorded in the County Clerk’s office.

KILLING.  To cause the death of an animal unless as authorized by the Kentucky Revised Statutes.

MUTILATING. To inflict a violent and disfiguring injury upon an animal.

NECESSITIES.  Food, water, space, healthcare and shelter.

OVERLOAD.  To load to excess; overburden

OVERWORK.  To cause to work too hard, too much, or too long; weary or exhaust with work.

OWNER.  In its singular or plural form shall be defined as any person owning or harboring a canine through license, evidence of vaccination, breeding, selling, feeding or sheltering a dog or dogs on a regular basis.  Knowledge of such evidence of ownership by members of the owner’s community or neighborhood shall be admissible in any court proceeding regarding guilt or innocence as to a violation of this chapter. 

PARAPHERNALIA, ANIMAL FIGHTING.  Any weighted collars, slat mills, carpet mills, fighting pens, permanent or temporary, injectable or ingestible drugs and supplements used to enhance fighting, spring poles, or weight pull harnesses and equipment that is discovered by probable cause or search warrant during the investigation of a cruelty complaint. 

PERSON.  All natural persons, acting solely as an individual or part of corporations, partnerships, firms, associations, governmental bodies, agencies, and other entities.

PROPERTY.  Real estate, residential lot, dwelling or farm owned, rented or occupied by a person owning or harboring a canine.

PUBLIC NUISANCE.  Any at-large canine or canine under direct control of its owner or a handler which

          (1)     is repeatedly  molesting passers-by and/or passing vehicles;

          (2)     Attacks people or other animals;

          (3)     Damages public or private property;

          (4)     Is repeatedly running at large;

          (6)     Creates unsanitary conditions;

(7)     A home, residence, building, shed, yard, property, or other establishment that contains excessive amounts of feces and/or urine, or exudes a foul odor.  

STRAY.  Any animal  found running at large and not under the control of its owner or person that is harboring the animal within the  unincorporated area of Jessamine County or any incorporated area of Jessamine County where there is an inter-local agreement for  enforcement of  local animal control ordinances. A hound or other hunting dog which has been released from confinement for hunting purposes shall be deemed to be under reasonable control of its owner or handler while engaged in or returning from hunting, and, if a hunting dog becomes temporarily lost from a pack or wanders from actual control or sight of its owner or handler, the owner shall not be deemed to be in violation of the provisions of this chapter as a result of the dog’s having become temporarily lost or having wandered from immediate control or sight of the owner or handler as established in K.R.S. 258.215.

Torturing.  The act of inflicting excruciating pain upon an animal, as punishment or revenge.

VETERINARIAN.  One licensed by The Kentucky Board of Veterinary Examiners and qualified to treat diseases and injuries of animals.

VETERINARY HOSPITAL CLINIC.  Any establishment maintained and operated by a Veterinarian licensed by the Kentucky Board of Veterinary Examiners for surgery, diagnosis, and treatment of diseases and injuries of animals.

VICIOUS CANINE.  The following actions may be used as part of a criminal complaint and/or evidentiary hearing before a District Judge for a finding of fact that a canine is a danger to the public health and safety of the residents incorporated and unincorporated areas of Jessamine County.

(1)     Any canine which constitutes a physical threat to human beings or domestic animals which, due to a known propensity to endanger life, by an unprovoked assault or bite which has resulted in bodily harm;

(2)     Any canine which, when unprovoked, approaches in a terrorizing manner, any person in an attitude of attack upon streets, sidewalks or any public grounds or places;

(3)     Any canine with a known propensity, tendency or disposition to unprovoked attacks which cause injury or endanger the safety of human beings or domestic animals;

(4)     Any canine which bites multiple times to the extent of causing injury and assaults or otherwise attacks human beings or domestic animals;

          (5)     Any canine owned or harbored primarily or in part for the purpose of fighting with animals.

(6)     It shall be prima facie evidence that a canine is vicious if the animal bites a human being or domestic animal more than once in the same attack. 

          (7)     Exceptions.  A canine shall not be deemed vicious solely because:

               (a)     It bites, attacks, or menaces:

                    1.     Any person assaulting its owner;

2.    Any person or animal who has tormented or abused it;

3.    Any person that has illegally entered or is trespassing on the canine owner’s property in violation of KRS 511.060 through 511.090.

4.    Any person who has been invited or  entered the canine owner’s property for legal reasons

(b)     It is otherwise acting in defense of any attack from a person or other animal upon its owner or another person;

               (c)     It is protecting or defending its young or the young of any other animal; or

(d)   Its breed or assumed/known component of its breed.

WILD ANIMAL.  Any species of animal not normally domesticated by human beings, including but not limited to all  bears, lions, tigers, cougars, leopards, coyote,  wolves, hybrid wolves, wolverines, badgers elephants and rhinoceros.

SECTION 90.02 POWERS OF ANIMAL CONTROL.

(A)     The Director and all sworn officers of Animal Care and Control shall have the powers of a peace officer with the exception of arrest for the purposes of enforcing animal control laws or ordinances in Jessamine County if they otherwise qualify as a peace officer under the laws of the Commonwealth of Kentucky as established in K.R.S. 258.195 and K.R.S. 436.605

     (B)     All Officers of Animal Control shall comply with KRS 61.300.

(C)   Whenever it is necessary for Animal Control Officers to make an inspection or investigation in order to enforce any provision of this chapter or any other applicable state statute, they are hereby empowered to enter property when consent of the owner or occupant of the property is freely given, a search warrant is obtained or such exigent circumstances exist that a warrantless, non-consensual search is required. 

(D)   All canines of any age running at large, as defined in this chapter, and found within Jessamine County, may be picked up by Animal Control Officers and impounded in the animal shelter.  In the event the canine is impounded the owner shall be charged a return to owner fee set by the Fiscal Court.  Prior to the release of any animal from the animal shelter for a violation of the canine running at large the owner of the canine shall show proof that the canine has a Jessamine County Canine License.  If the owner cannot provide proof of licensure they shall be responsible for the associated fees. All canines shall be injected with a microchip before release from the animal shelter.  If Animal Care and Control can reasonably return the canine they may do so and issue a warning or citation to the owner.   

(E)   All animals of any age which have bitten a human being may be picked up by Animal Care and Control and impounded in the animal shelter for any applicable quarantine period.  In the event an animal is impounded for a quarantine period, the owner shall be responsible for a return to owner fee.  Prior to the release of any animal from the animal shelter the owner of the canine shall show proof that the canine has a Jessamine County Canine License.  If the owner cannot provide proof of licensure they shall be responsible for the associated fees and the canine shall be injected with a microchip before release from the animal shelter.

(F)    Any animal involved in an alleged violation of KRS 525.125, 525.130, 525.135 or any violation of 90.08 of this chapter may be confiscated and held by any Animal Control or peace officer in a humane manner.  Upon taking custody of an animal pursuant to KRS 525.125 or KRS 525.130, 525.135 or 90.08 of this chapter, Animal Care and Control shall give notice of the seized animal by posting a notice at the location where the animal is taken into custody or by delivering notice to a person residing at the property.  The animal shall remain in the custody of the Fiscal Court until the accused is given a hearing before a District Court Judge. Should that judge find probable cause for a charge under KRS 525.125, 525.130, 525.135 or 90.08 of this chapter the court may order temporary or permanent forfeiture of the animal to Jessamine County Animal Care and Control.

(1)  Upon a plea or finding of guilt, the animal may become the property of the Jessamine County Fiscal Court.  The person convicted for violating KRS 525.125, 525.130, 525.135 or 90.08 of this chapter shall pay all expenses related to the incidents of cruelty, including investigation, disposition, veterinary costs, and all costs of maintaining or disposing of the animal incurred from the date of confiscation up to and including the date of permanent forfeiture to the Jessamine County Fiscal Court.

(2) Upon a dismissal of the charge or a finding of innocence, the animal may be immediately returned to the owner.  If the owner does not re-claim the dog within ­­5 days of the dismissal or acquittal, the animal shall become the property of the Jessamine County Fiscal Court and may be offered for adoption, sale or may be euthanized at the discretion of the Director of Animal Care and Control.

(G)  Animal Control Officers are authorized to place, upon request of property owners, live-capture animal traps on public or private property for the purpose of trapping and removal of stray, at large, unwanted, or nuisance domestic canines.  It shall be unlawful for any person other than an Animal Control Officer or his designee to remove a canine from the trap or to damage, destroy, move or otherwise tamper with the trap.    

§ 90.02 RESTRICTION TO PROPERTY OF OWNER.

90.03 RESTRICTION TO PROPERTY OF OWNER.

   Any person owning, leasing, renting, occupying or having control of a lot, parcel or tract of land in the county shall be subject to the following provisions:

(A)   An owner of a canine shall be responsible for restricting that canine to the property of the owner 24 hours a day.  Restricting a canine to the property of the owner may be accomplished by way of leash, chain, leash and running wire, fence (electrified or non-electrified), or any other means, provided the means of restraint are calculated to restrict the canine to the property of the owner in a reasonable and humane manner; and meeting the requirements set forth in 90.08 (F)

(B)   Any canine found upon public or private property outside the premises of its owner that is not restrained or under its owner’s control shall be presumed to be running at large and in violation of this chapter;

(C)   Any canine found upon public or private property outside the premises of its owner that is not restrained or under its owner’s control may be impounded by an Animal Control Officer, as stipulated in KRS 258.215(1);

(D)  Any canine impounded for a violation of this section shall be held at the animal shelter for a period of five days.  After the five day period has expired the animal will become the property of the Jessamine County Fiscal Court and shall be offered for adoption or may be euthanized at the discretion of the Director of Animal Care and Control.

(D)   This chapter shall not apply to a hound or hunting canine released from confinement for the purpose of hunting as stipulated in KRS 258.215(2).  Furthermore, a canine left unattended in a motor vehicle by its owner shall be deemed to be in compliance of this chapter for as long it remains in the vehicle; and is in compliance with the stipulations established in 90.08 (G)

Penalty, see 90.13 (A)

 90.04 CANINE LICENSING.  The purpose of the Canine Licensing Program is to provide informational data that will help Jessamine County Animal Care and Control personnel to have the ability to identify stray dogs, control over population of unwanted dogs and insure the safe return of pets to their owners.  This is done by the creation of a computerized data base with detailed information of owners, age, breed, marking, sex, and electronic ID of their pets.  The key component of this program is the insertion of a Microchip for identification of dogs found running at large that may have been picked up by www.adoptapet.com/jcacc officers or turned into the shelter by private individuals. It is not intended in any way to violate the constitutional rights of the owner. An owner is free at the time of initial licensing to request that the chip not be included.  Upon payment of the license fee, renewal fee, or transfer fee if the owner chooses to not have their animal implanted with a microchip the owner shall be issued a receipt of registration and a serial numbered license tag for each canine. The license tag shall be affixed to the canine’s collar and worn by the canine at all times.

 (A) Effective July 1, 2015 the owners of all canines four (4) months of age or older or those who harbor or maintain canines in the unincorporated or incorporated areas of Jessamine County shall have each and every canine licensed with the Jessamine County Animal Care and Control in accordance with the provisions of this chapter.

 

(B)  The initial license fees and renewal fees for each canine shall be as set forth in division (D) of this section.  The license fee period shall begin from date of purchase. Each license shall expire at the end of calendar month in which the license was purchased of the following year. Each license must be renewed each year unless lifetime license is purchased as outlined in division (D) of this section. Failure to license, or to renew a license, will result in a penalty that is outlined in 90.13 (B). At the time of licensing and registration, the owner shall provide his or her name, address, driver’s license number or Kentucky Identification Card and telephone number, as well as the name, breed, color and sex of each canine to be licensed. Upon payment of the license fee, the owner shall be issued a receipt of registration and a serial numbered microchip that shall be implanted in each canine or serial numbered tag that shall be affixed to the canines collar at all times. Owners that request their canine to not be implanted with a  microchip shall be required to affix the issued serial numbered tag to the collar of the canine at all times.

(C)  A canine that has previously been implanted with a microchip prior to the adoption of this ordinance it shall be subject to the license fees as set forth in division (D) of this section.  There shall be no fee for canines that are current on licensing and have transferred ownership.  

 

(D)   Canine License Fee Schedule

                           

Classification

Fee

Veterinarian Portion

1.  Lifetime License: To qualify for this license your canine must have a microchip and be altered.  Registration good for the life of the canine.  Must provide proof from a licensed veterinarian that surgical alteration has been performed.

$50.00

$35.00

2.  Altered Canine License: To qualify canine must be altered.  May be microchip or collar tag.  Registration renewable every year.  Must provide proof from a licensed veterinarian that surgical alteration has been performed.

$10.00

$2.00

3.  Un-Altered Canine License: May be microchip or collar tag.  Registration renewable every year.

$20.00

$2.00

3.  Altered Multi Canine License: Owners of 4 or more altered canines.  May be microchip or collar tag.  Registration renewable every year.  Must provide proof from a licensed veterinarian that surgical alteration has been performed.

$40.00

$2.00

4.  Un-altered Multi Canine License: Owners of 4 or more un-altered canines.  May be microchip or collar tag.  Registration renewable every year. 

$50.00

$2.00

6.  Not for profit Humane Societies or Animal Rescue Groups:

Exempt

Exempt

 

(E)  All registrations require compliance with the Jessamine County Code of Ordinances Section 90.11 RABIES VACCINATIONS.  Proof of Rabies Vaccination shall be required prior to being licensed.  If proof cannot be provided the owner may purchase a voucher from Jessamine County Animal Care and Control.

(F)  Failure to register a dog and to obtain the license set forth herein within 30 days of acquiring or possessing the animal, or failure to renew by end of calendar month of purchase each year thereafter shall result in a fine as provided in Section 90.13 (B).

 

(E)  Owners of canines four (4) months of age or older or those who harbor or maintain canines in the unincorporated or incorporated areas of Jessamine County may purchase their license at the Jessamine County Animal Shelter or at participating veterinarian offices.  Veterinarians that participate in the sales of licenses shall be required to gather necessary information and forward to Jessamine County Animal Care and Control within seven days of issue.  Participating veterinarians that issue a license that requires a microchip may at their discretion use microchips provided by Jessamine County Animal Care and Control or a microchip of their choice.  Participating veterinarians shall receive a portion of the sales of microchips sold at their facility as outlined in division (D) of this section. 

 

§ 90.03 VICIOUS DOG.

90.05  HARBORING A VICIOUS CANINE

   Any person owning, leasing, renting, occupying or having control of a lot, parcel or tract of land  within the  unincorporated area of Jessamine County or any incorporated area of Jessamine County shall be subject to the following provisions:

   (A)   Any person who is attacked by a canine without provocation may file a criminal complaint against the canine’s owner in district court for the purpose of declaring the canine as vicious.

   (B)   Any owner of a vicious canine shall keep the canine securely confined 24 hours a day in an enclosed pen of sufficient height and strength to prevent escape or under the owner’s personal control by leash when outside of its confined area.

   (C)   Any vicious canine found upon public or private property outside the premises of its owner, that is not restrained or controlled, may be impounded or destroyed by an Animal Control Officer or the owner upon whose property the canine is found running at large.

   Penalty, see 90.13 (C)

 

§ 90.04 LIABILITY OF OWNER.

90.06  LIABILITY OF OWNER.

An owner shall be liable under this chapter for damages caused when a canine not under control leaves the property of the owner, whether or not the canine enters or remains upon the property of a public or private property owner.WILD ANIMALS

 

90.07  WILD AND EXOTIC ANIMALS

(A)     It shall be unlawful to sell, own, harbor or keep as a pet, a wild or exotic animal, not indigenous to the United States, unless the animal has been approved for sale or retention by appropriate state and federal governmental agencies and any required permits have been obtained.

Penalty, see 90.13 (D)

90.08  HUMANE TREATMENT OF ANIMALS.§ 90.15 RUNNING AT LARGE PROHIBITED.

(A)       It shall be unlawful to abandon any canine or livestock. 

(1.) In the event that a canine or livestock is found abandoned, such canine or livestock may be seized by an Animal Control Officer or peace officer, and impounded at the Animal Shelter or at an alternate location designated by the Director of Animal Care and Control.  Such canine or livestock, if taken from private property shall be kept for not less than the prescribed period in accordance with the procedures set forth in Kentucky Revised Statutes 258.215 or 90.12 of this chapter, or for any longer period required by law, regulation, or medical necessity.  In the event a canine or livestock is so abandoned, the owner or person, if any, who he/she has charged with the canine’s or livestock’s care, shall be subject to a criminal prosecution for any violation of this section.

Penalty, see 90.13 (E)

(2.) Any canine found not under restraint without a rabies vaccination tag or up to date with a county license, or any canine found in a condition that requires immediate veterinary care, shall be presumed to be abandoned, and shall be seized and held at the Jessamine County Animal Shelter for a five day period as prescribed in section 90.03 (D).

(3.)  Notice of seizure of an abandoned canine or livestock from private property shall be posted on the premises from which the canine or livestock was seized, which notice shall clearly state the agency name and telephone number for the Animal Shelter. 

(B)       The owner of any canine shall be required to provide adequate food, water, space, health care and shelter.

            Penalty, see 90.13 (F)

(C)       The owner of any livestock shall be required to provide adequate food, water, space, and health care.

Penalty, see 90.13 (G)

(D)       The owner of any feline shall be required to provide adequate food, water, space and health care.

Penalty, see 90.13 (H)

(E)       It shall be unlawful for any person to inhumanely treat any canine or feline, including, but not limited to, the deprivation of necessities, beating, mutilating, torturing, killing, overloading, overworking, or otherwise abusing any canine or feline.  Nothing herein shall prevent Animal Care and Control from humanely euthanizing any canine or feline to prevent the prolonged suffering of the canine or feline.

Penalty, see 90.13 (I)

(F)        Any canine which is chained, tied or otherwise restrained shall be provided no less than ten feet or chain or cable and the like with a swivel attached to prevent entanglement.  The tether shall be secured to a fixed immobile point that allows freedom of movement while withstanding the force necessary to restrain the canine.  Canines shall not be tethered by use of a training collar or on any collar too small for the size and age of the canine, or of such unreasonable weight as to prevent the canine from moving about freely.  The chain or cable shall be attached to the canine using a collar constructed of nylon or leather.  Canines shall only be tethered in an area that is free of objects which could become tangled in the tether.

Penalty, see 90.13 (J)

(G)       It shall be unlawful for any person to keep a canine or feline within the passenger compartment of an automobile without adequate ventilation in the summer or adequate warmth in the winter.  No person shall enclose any canine or feline in the trunk of an automobile.  An Animal Control Officer or Peace Officer has authority to enter such motor vehicle by any reasonable means under the circumstances after making a reasonable effort to locate the owner or other person responsible.  No person shall use any automobile as a permanent shelter for canines or felines.

Penalty, see 90.13 (K)

(H)       It shall be unlawful for any person to stage, cause, instigate, permit, observe, or attend any dog-fight or other combat between canines or between canines and humans.  Canines altered for fighting purposes and animals with scarring from previous fighting may be considered evidence of unlawful canine combat.

Penalty, see 90.13 (L)

(I)          It shall be unlawful for any person(s) to own, harbor, or be in possession of any canine fighting paraphernalia.

Penalty, see 90.13 (M)

(J)        It shall be unlawful for any person to set free any hare, rabbit, gerbil, domesticated rat, guineas pig, other pet rodent, snake, lizard, turtle, other pet reptile, or other animal for the purpose of violating any provision of this chapter.

Penalty, see 90.13 (N)

(K)       Any person, who as the operator of a motor vehicle, strikes a domestic animal, shall stop at once and render assistance as may be possible and shall immediately report such injury or death to the animal’s owner, if known, or to Animal Control or any Peace Officer.

Penalty, see 90.13 (O)

(L)        No person shall expose any toxic, poisonous or illegal substance, whether mixed with food or not, so that the same shall be likely to be eaten by a domestic animal.

Penalty, see 90.13 (P)

(M)       It shall be unlawful to place an animal in the open bed of a parked vehicle unrestrained.

Penalty, see 90.13 (Q)

(N)       It shall be unlawful to allow canines to remain outdoors during extreme weather conditions.  Canines, must be moved indoors or to an area that provides protection from the extreme weather condition.    

Penalty, see 90.13 (R)

(A)       It shall be unlawful for any owner or handler that has direct visual control of a canine on or off leash to allow said animal to intimidate, harass or worry another canine that is  on it’s own  owner’s property.

Penalty, see 90.13 (S)

SECTION 90.09 ADOPTIONS AND MANDATORY SPAY/NEUTER.

(A)     Prior to the adoption of any animal from the Animal Shelter an application must be completed by the person wishing to adopt the animal.  The application is designed to determine the prospective owner’s ability to care for the animal.  Any person wishing to adopt an animal who has been convicted of a violation of KRS 525.125, KRS 525.130, KRS 525.135, or 90.08 of this chapter will not be qualified to adopt.

(B)     Animal Care and Control are not obligated to sell or transfer possession of any animal in their custody.

(C)     All canines and felines adopted from the Animal Shelter shall be surgically altered to prevent breeding.

Penalty, see 90.13 (T) 

(D)   The fee for adoption of animals shall be set by the Jessamine County Fiscal Court.

SECTION 90.10 MICROCHIPPING ANIMALS

(A) All animals released from the county animal shelter whether by return to owner or adoption shall be implanted with a microchip prior to release.  Canines released from the shelter by return to owner shall also be subject to the canine licensing fees outlined in 90.04.  A hound or other hunting dog which is impounded at the shelter as a result of the dog’s having become temporarily lost or having wandered from immediate control or sight of the owner or handler while engaged in hunting as established in K.R.S. 258.215 will be exempt from the micro chipping requirement of this section.

Penalty, see 90.13 (U) 

SECTION 90.11 RABIES VACCINATIONS.

(A)     All canines and felines, four months of age and older, shall be vaccinated for rabies and revaccinated for rabies at the expiration of the immunization period as certified by a veterinarian.

(B)     Any canine or feline reclaimed or adopted from the Animal Shelter must have a valid rabies vaccination.

(C)     Upon reclaiming an animal impounded at the Animal Shelter the owner shall show proof of a valid rabies vaccination.  If proof of the vaccination can not be provided, the owner shall purchase a vaccination voucher from the animal shelter.  The voucher shall be valid for ten days from the date of issuance and shall be used in the prescribed time period.  The Animal Shelter shall reimburse the veterinarian for the amount of the voucher upon presentation to the shelter by the administering veterinarian as established by K.R.S. 258.215

Penalty, see 90.13 (V)

SECTION 90.12  LIVESTOCK RUNNING AT LARGE.

(A)   It shall be unlawful for any person to permit any livestock owned or harbored by him, to run at large.  When livestock are running at large, Animal Care and Control or a peace officer shall make reasonable efforts to notify the owner as soon as possible.  If reasonably possible and feasible, the owner of the livestock shall be notified prior to the actual capture and impoundment of the livestock.

(B)   If the owner of livestock that is running at large is unable to be located, Animal Care and Control or a peace officer shall have the power to impound the livestock and hold it at a location designated by the Director of Animal Care and Control.  The livestock shall be held for a minimum of 15 days after being advertised in the local newspaper publication to give the owner sufficient time to claim the livestock.  After impoundment the Director of Animal Care and Control shall advertise in the legal section of the local newspaper publication where and when the livestock was impounded.  If after the 15 day period the owner of the livestock has not come forward to claim it, the livestock will become the property of the Jessamine County Fiscal Court and may be offered for adoption, sale or may be euthanized at the discretion of the Director of Animal Care & Control.  If the owner of the livestock comes forward to claim such livestock the owner shall be responsible for paying a reasonable fee for transportation, board, administration, and medical attention during the impoundment.

Penalty, see 90.13 (W)

 90.13  PENALTIES

 (A) Penalties for 90.03 RESTRICTION TO PROPERTY OF OWNER 

Any person failing to comply with the requirements of 90.03 of this chapter shall upon conviction of a first offense be subject to a fine no less than $50 and no more than $100 in addition to any costs assessed by the District Court.  Upon conviction of a second offense, an owner shall be subject to a fine no less than $100 and no more than $150 in addition to any costs assessed by District Court.  Upon conviction of a third or other subsequent offense an owner shall be fined no less than $150 and no more than $200 in addition to any costs assessed by the District Court.

 (B)  Penalties for 90.04 CANINE LICENSING  

Any person failing to comply with the requirements of 90.04 of this chapter shall upon conviction of a first offense be subject to a fine no less than $50 and no more than $100 in addition to any costs assessed by the District Court.  Upon conviction of a second offense, an owner shall be subject to a fine no less than $100 and no more than $150 in addition to any costs assessed by District Court.  Upon conviction of a third or other subsequent offense an owner shall be fined no less than $150 and no more than $200 in addition to any costs assessed by the District Court.

 (C)  Penalties for 90.05 HARBORING A VICIOUS CANINE    

Upon conviction under 90.05 of this chapter relating to possession of a vicious canine, the penalty shall be a fine of not less than $100 nor more than $500, or up to 90 days in the County Jail, or both.  In addition the court shall order one or a combination of the following:

(1)     That the following regulations be followed as a condition of the owner retaining the canine:

(a)     Any canine determined to be vicious by a court and allowed to be returned to an owner shall be confined in a locked enclosure at least seven (7) feet high or a locked kennel run with a secured top.  The canine may leave the enclosure only to visit the veterinarian or to be turned in to an animal shelter.  The canine shall be required to be muzzled if leaving the enclosure for either of these purposes per K.R.S. 258.235 (3)

(b)     The enclosure shall be required to display a sign warning of the vicious canine and shall be visible from the public roadway or public access if applicable.

(c)     The vicious canine shall be required to not be permitted outside of the dwelling of its owner or outside of the enclosure unless it is necessary to obtain veterinary care or to be turned in to an animal shelter.  If the vicious canine must be allowed outside the permitted areas, it shall be required to be under the direct control and supervision of its owner or keeper and shall be muzzled and restrained with a lead or leash not to exceed three feet in length, or placed in a secure animal carrier.

(d)The owner or keeper of a vicious canine shall immediately notify Animal Control if the canine is loose, unconfined or has attacked an animal or human being.

(e)      Upon conviction of 90.05 the courts may order that the canine be immediately surrendered to Animal Control to be euthanized.

(2)     Upon a conviction of a second or subsequent offense under 90.05 of this chapter relating to possession of a vicious canine, the penalty shall be a fine of not less than $250 nor more than $500, or up to one year in the County Jail, or both; and if the violation involves the same canine, Animal Control shall petition the District Court to have the animal immediately surrendered to Animal Control to be euthanized.

 (D)  Penalties for 90.07 WILD AND EXOTIC ANIMALS

Any person violating any provision of 90.07 of this chapter relating to wild and exotic animals shall on the first offense be fined not less than $100 nor more than $250, or up to 30 days in the County Jail, or both; on a second or subsequent offense shall be fined not less than $350 nor more than $500, or up to 90 days in the County Jail, or both.  The owner of the animal may also be required to surrender the animal to Animal Care and Control.

 (E)  Penalties for 90.08 (A) (1) HUMANE TREATMENT OF ANIMALS

Any person violating any provision of 90.08 (A) (1) of this chapter relating to the humane treatment of animals shall on the first offense be fined not less than $200 nor more than $350, or up to 30 days in the County Jail, or both; on a second or subsequent offense shall be fined not less than $350 nor more than $500, or up to 90 days in the County Jail, or both.  The owner of the animal may also be required to surrender the animal to Animal Care and Control.

 (F)  Penalties for 90.08 (B) HUMANE TREATMENT OF ANIMALS

Any person violating any provision of 90.08 (B) of this chapter relating to the humane treatment of animals shall on the first offense be fined not less than $200 nor more than $350, or up to 30 days in the County Jail, or both; on a second or subsequent offense shall be fined not less than $350 nor more than $500, or up to 90 days in the County Jail, or both.  If convicted of the offense the owner of the animal may also be required to surrender the animal to Animal Care and Control.

 (G)  Penalties for 90.08 (C) HUMANE TREATMENT OF ANIMALS

Any person violating any provision of 90.08 (C) of this chapter relating to the humane treatment of animals shall on the first offense be fined not less than $200 nor more than $350, or up to 30 days in the County Jail, or both; on a second or subsequent offense shall be fined not less than $350 nor more than $500, or up to 90 days in the County Jail, or both.  If convicted of the offense the owner of the animal may also be required to surrender the animal to Animal Care and Control.

(H)  Penalties for 90.08 (D) HUMANE TREATMENT OF ANIMALS

Any person violating any provision of 90.08 (D) of this chapter relating to the humane treatment of animals shall on the first offense be fined not less than $200 nor more than $350, or up to 30 days in the County Jail, or both; on a second or subsequent offense shall be fined not less than $350 nor more than $500, or up to 90 days in the County Jail, or both.  If convicted of the offense the owner of the animal may also be required to surrender the animal to Animal Care and Control.

(I)  Penalties for 90.08 (E) HUMANE TREATMENT OF ANIMALS

Any person violating any provision of 90.08 (E) of this chapter relating to the humane treatment of animals shall on the first offense be fined not less than $200 nor more than $350, or up to 30 days in the County Jail, or both; on a second or subsequent offense shall be fined not less than $350 nor more than $500, or up to 90 days in the County Jail, or both.  If convicted of the offense the owner of the animal may also be required to surrender the animal to Animal Care and Control.

 (J)  Penalties for 90.08 (F) HUMANE TREATMENT OF ANIMALS

Any person violating any provision of 90.08 (F) of this chapter relating to the humane treatment of animals shall on the first offense be fined not less than $100 nor more than $250, or up to 30 days in the County Jail, or both; on a second or subsequent offense shall be fined not less than $250 nor more than $350, or up to 90 days in the County Jail, or both.  If convicted of the offense the owner of the animal may also be required to surrender the animal to Animal Care and Control.

 (K)  Penalties for 90.08 (G) HUMANE TREATMENT OF ANIMALS

Any person violating any provision of 90.08 (G) of this chapter relating to the humane treatment of animals shall on the first offense be fined not less than $100 nor more than $250, or up to 30 days in the County Jail, or both; on a second or subsequent offense shall be fined not less than $250 nor more than $350, or up to 90 days in the County Jail, or both.  If convicted of the offense the owner of the animal may also be required to surrender the animal to Animal Care and Control.

(L)  Penalties for 90.08 (H) HUMANE TREATMENT OF ANIMALS

Any person violating any provision of 90.08 (H) of this chapter relating to the humane treatment of animals shall on the first offense be fined not less than $250 nor more than $350, or up to 30 days in the County Jail, or both; on a second or subsequent offense shall be fined not less than $350 nor more than $500, or up to 90 days in the County Jail, or both.  If convicted of the offense the owner of the animal may also be required to surrender the animal to Animal Care and Control.

(M)  Penalties for 90.08 (I) HUMANE TREATMENT OF ANIMALS

Any person violating any provision of 90.08 (I) of this chapter relating to the humane treatment of animals shall on the first offense be fined not less than $250 nor more than $350, or up to 30 days in the County Jail, or both; on a second or subsequent offense shall be fined not less than $350 nor more than $500, or up to 90 days in the County Jail, or both.  If convicted of the offense the owner of the animal may also be required to surrender the animal to Animal Care and Control

 (N)  Penalties for 90.08 (J) HUMANE TREATMENT OF ANIMALS

Any person violating any provision of 90.08 (J) of this chapter relating to the humane treatment of animals shall on the first offense be fined not less than $25 nor more than $50; on a second or subsequent offense shall be fined not less than $50 nor more than $100. 

 (O)  Penalties for 90.08 (K) HUMANE TREATMENT OF ANIMALS

Any person violating any provision of 90.08 (K) of this chapter relating to the humane treatment of animals may be fined not less than $150 nor more than $200.

 (P)  Penalties for 90.08 (L) HUMANE TREATMENT OF ANIMALS

Any person violating any provision of 90.08 (L) of this chapter relating to the humane treatment of animals shall be fined not less than $250 nor more than $350 or up to 30 days in the County Jail, or both.

(Q)  Penalties for 90.08 (M) HUMANE TREATMENT OF ANIMALS

Any person violating any provision of 90.08 (M) of this chapter relating to the humane treatment of animals shall be fined not less than $50 nor more than $100.

 (R)  Penalties for 90.08 (N) HUMANE TREATMENT OF ANIMALS

Any person violating any provision of 90.08 (N) of this chapter relating to the humane treatment of animals shall on the first offense be fined not less $250 nor more than $350, or up to 30 days in the County Jail, or both; on a second or subsequent offense shall be fined not less than $350 nor more than $500, or up to 90 days in the County Jail, or both.  If convicted of the offense the owner of the animal may also be required to surrender the animal to Animal Care and Control.

 (S)  Penalties for 90.08 (O) HUMANE TREATMENT OF ANIMALS

Any person violating any provision of 90.08 (O) of this chapter relating to the humane treatment of animals shall on the first offense be fined not less $25 nor more than $50; on a second or subsequent offense shall be fined not less than $50 nor more than $100.

 (T)  Penalties for 90.09 (C)

Any person failing to comply with the mandatory spay/neuter adoption requirements of 90.09 of this chapter shall either show the court proof from a licensed veterinarian that the surgical procedure has been performed or shall be ordered by the court to surrender the animal to Animal Care and Control without a refund of adoption fees, and be fined a sum not less than $100 nor more than $150.

 (U)  Penalties for 90.10

Any person failing to comply with the mandatory micro chipping adoption and return to owner requirements of 90.10 of this chapter shall either show the court proof from a licensed veterinarian that the surgical procedure has been performed or shall be ordered by the court to surrender the animal to Animal Care and Control without a refund of adoption fees, and shall be fined a sum not less than $100 nor more than $150.

(V)  Penalties for 90.11

Any person failing to comply with the vaccination requirements of 90.11 shall on a first offense be fined not less than $50 nor more than $100; on a second or subsequent offense shall be fined not less than $100 nor more than $200.

(W)  Penalties for 90.12

Any livestock owner who violates 90.12 of this chapter shall on the first offense be issued a warning or citation and shall be required to reimburse the county for all reasonable expenses incurred in capturing, impounding, boarding, and providing necessary medical services to the livestock.  On second or subsequent offense, the owner shall be fined not less than $50 or no more than $500, and the owner shall be required reimburse the county for all reasonable expenses incurred in capturing, impounding, boarding, and providing necessary medical services to the livestock.  Each day that a violation continues shall constitute a separate offense.

 

1st Reading November 18, 2014

2nd Reading December 16, 2014