An ordinance providing for control of dogs/cats on premises, within county wide, incorporated cities, subdivisions and areas of high population density for the protection of the public; penalties for violation.

SECTION 1: DEFINITIONS

ALTER - Surgical removal of the reproductive organs of a dog or cat in order to render the animal unable to reproduce;

ANIMAL - Any live vertebrate creature;

ANIMAL CONTROL OFFICER - The officer(s) employed, appointed, and authorized by the County Fiscal Court to primarily enforce the dog, animal and livestock laws of the Commonwealth and this Ordinance, and to maintain and operate the Animal Shelter; an Animal Control Officer shall be designated a peace officer by Nelson County Fiscal Court for the purposes of animal control only.

ANIMAL SHELTER - Any premises designated and operated by Nelson County Animal Services under the authority of Nelson County Fiscal Court for the purpose of impounding and caring for dogs and cats held under the provisions of this ordinance;

COMMERCIAL ANIMAL ESTABLISHMENT - Any pet shop, boarding, breeding or grooming facility, auction, petting zoo, performing animal exhibit, or any person engaged in the business of breeding, buying or selling at retail or wholesale, any species of animal for profit;

DANGEROUS DOG - Any dog which, when unprovoked, (1) commits a severe attack upon a human causing serious physical trauma; (2) bites, injures or kills another domestic animal while that animal is restrained in compliance with this ordinance; (3) approaches in a terrorizing manner, any person in an attitude of attack upon streets, sidewalks, or any public grounds or places, or while on private property not owned by the dog's owner, or (4) has a known propensity, tendency or disposition to unprovoked attacks which endanger the safety of humans or domestic animals.

DESTROY - To put to death by County approved methods and administered in the most humane method as possible. In accordance with KRS 258.505, gunshot is per se an inhumane means by which to destroy a dog/cat.

DOG/CAT - A domestic canine or feline, aged three (3) months or older.

EXOTIC SPECIES - Any animal whose natural habitat is outside the continental United States, excluding non-venomous reptiles and fish.

FERAL CATS - Wild, untamed, unsocialized cats, unaccustomed to human contact.

HUMANE - Marked by compassion, sympathy, or consideration for animals.

HUMANE SOCIETY - Any organization operating from a fixed site, existing for the purpose of preventing cruelty and inhumane treatment of animals, taking in or accepting strays or unwanted animals;

IMPOUND - The taking into custody of any animal by any Animal Control Officer, law enforcement officer, or any authorized agent thereof.

MULTIPET LICENSE - A single license certificate that authorizes ownership of three or more dogs and/or cats.

OWNER - Any person, partnership, or corporation or other individual, or entity that owns, keeps, harbors a dog/cat referred to herein or anyone who feeds and/or cares for such dog/cat for fifteen (15) consecutive days.

POISON - A substance that through its chemical action can kill, injure, or impair an animal.

QUARANTINE - Humane confinement of an animal for the observation of symptoms of rabies in a secure enclosure which prevents the animal from coming into unauthorized contact with any other animal or human, for a period of ten days from the date the dog/cat bit a person.

RESTRAINED - A dog/cat shall be deemed to be restrained if kept upon the premises of its owner or if accompanied by a responsible person off of the owner's premises and kept under that person's control.

UNCLAIMED DOG/CAT - Any dog/cat that is abandoned and/or confined at the Animal Shelter for five (5) days and unclaimed by owner, or owner cannot be identified or located.

WILDLIFE - Any animal that by nature lives apart from human beings, is not domesticated or ordinarily tame, or for which there is no USDA-approved rabies vaccine.

SECTION 2: LICENSES

A. ANNUAL LICENSING. Every person owning a dog/cat in Nelson County shall purchase a license from Nelson County Fiscal Court, or a facility designated by Nelson County Fiscal Court to sell licenses. The cost of a license for an altered (sterilized) pet shall be $5.00 per year. The cost to license an unaltered cat or dog shall be $20.00 per year. Owners of more than 3 cats and/or dogs may elect to purchase a multipet license for $15.00 per year if all animals have been spayed/neutered or $30.00 per year if any animal has not been spayed/neutered. A license shall be purchased within 30 days of acquiring a dog or cat 3 months of age or older, or within 30 days of becoming a resident of Nelson County. Annual licenses must be renewed every year during the month of January.

B. LIFETIME LICENSE. Effective January 1, 2006, an owner may elect to purchase a lifetime license for his/her pet for a one-time fee of $30. A lifetime license is available only for dogs and cats that have a county-approved microchip implanted. When purchasing a lifetime license, the owner will provide the unique identifying number and the type of chip so that this information can be entered into the licensing database. Should the ownership of the pet change, or when the animal dies, the licensing office shall be notified.

SECTION 3: INVESTIGATIONS AND CITATIONS

A. Whenever it is necessary for Animal Control to make an inspection in order to perform any duty or enforce any provision of this ordinance or any other applicable state statute, they are hereby empowered to enter property at a reasonable time and inspect the premises. Animal Control shall have the power only if 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.

B. Nelson County Animal Control Officers shall be authorized to issue uniform citations for any violation of this ordinance. In lieu of a uniform citation, an Animal Control Officer may issue a violation notice, either as a warning or with a stipulated fee. The violation notice will note a compliance date, as well as a waiver of right to protest such violation in a court proceeding. Failure to comply, pay fee, or sign waiver will result in issuance of a uniform citation.

SECTION 4: IMPOUNDMENTS

A. Every dog/cat kept in Nelson County shall be restrained. Any unrestrained dog/cat may be taken by an Animal Control Officer or any law enforcement officer to the Animal Shelter.

B. Any animal observed by law enforcement or an Animal Control Officer to be in immediate danger of death or serious injury may be removed from such situation by the quickest and most reasonable means available.

C. Animals found in cruel, abusive or neglect situations as defined in this ordinance or animals that have been abandoned may be promptly impounded if no immediate contact with a responsible person can be made, provided, however, that the Animal Control Officer shall leave written notice stating the location of the animal and the reason for impoundment.

D. Any dog/cat so taken shall be confined in a humane manner not less than five (5) days, unless claimed by the owner. If the owner can be identified and/or located, an Animal Control Officer shall immediately make a reasonable effort to notify such owner to reclaim the impounded dog or cat. If said dog/cat is not claimed by the owner within five (5) days, it may be humanely destroyed or placed for adoption through the Humane Society. All dogs/cats adopted from the Animal Shelter shall be surgically altered to prevent breeding.

E. If an impounded dog/cat has an injury, illness, or condition causing severe pain or distress, to the extent that the usual holding period would be inhumane, the dog/cat may be immediately euthanized. Feral cats, because of the psychological stress of confinement, may fall into this category.

F. Notwithstanding the holding periods set out above, quarantined animals must be held ten days from the date the bite occurred.

G. For the first impoundment, an owner reclaiming an unsterilized dog or cat shall pay a fee of $25; if the dog/cat has been surgically altered, the fee shall be waived. If the same animal is impounded a second time, the fee will be $50. To reclaim an animal that has been impounded three or more times, the fee is $200 each time. The owner may also be required to pay $10.00 per day board fees for each day the dog/cat is impounded. Purchase of a current county license shall be required before any impounded dog/cat is released to an owner.

H. In accordance with KRS 258.015, upon reclaiming an impounded cat, dog, or ferret, the owner shall show proof of a valid rabies vaccination. If proof of the vaccination cannot be provided, the owner shall provide proof of rabies vaccination within ten (10) days.

I. Duration of impoundment period, for confiscated victimized animals, may be extended for thirty (30) days in situations where a court proceeding involving the impounded dog/cat is pending and the owner refuses to voluntarily relinquish ownership, provided that the owner posts a cash bond in an amount sufficient to reimburse the County for reasonable expenses, including any necessary veterinary care during the impoundment. If the owner chooses, he may follow this same process each thirty (30) day period until the case has been adjudicated. Upon a plea or finding of guilt of cruelty to animals, the cash bond(s) shall be paid to Nelson County Fiscal Court, and the anima(s) shall become the property of the Nelson County Animal Shelter. Upon a finding of innocence, any cash bond(s) posted shall be returned to the owner.

SECTION 5: CONFINEMENT OF DOGS/CATS WHEN IN HEAT

Every female dog or cat in heat shall be confined in a building or secure enclosure in such a manner that such female dog/cat cannot come into contact with another dog/cat except for planned breeding.

SECTION 6: NUISANCE

Every owner shall exercise proper care and control of his dog or cat so as to prevent the following actions by them: excessive, continuous, or untimely barking or howling; molesting of passersby; attacking other domestic animals; trespassing upon school grounds; trespassing upon private property; or damaging of property of any nature. Such nuisance shall be subject to fine as provided under Section 10.

SECTION 7 : WILD AND EXOTIC ANIMALS

It shall be unlawful to sell, own, harbor, or keep as a pet any wildlife or exotic animals, unless appropriate state and federal permits have been obtained.

SECTION 8: HUMANE TREATMENT OF DOGS/CATS

A. No owner shall fail to provide his dog/cat with good and wholesome food and water, proper shelter and protection from the weather, veterinary care when needed to prevent suffering, and with humane care and treatment. All owners shall maintain a clean and healthful living area free of accumulated waste and debris so that the dog/cat shall be able to walk or lie down without coming into contact with such waste.
If any dog/cat is restrained by a chain, leash, or similar restraint, such restraint shall be no less than 10 feet long and be designed to prevent the animal from choking or strangling itself. Commercial animal establishments and humane societies are considered "owners," and shall meet the same requirements for humane treatment.

B. No person shall crop a dog or cat's ears or tail unless such person is a licensed veterinarian.

C. No person shall beat, cruelly ill treat, torment, overload, overwork or otherwise chase any dog/cat or cause or permit any dog/cat fight or other combat between animals and dogs/cats.

D. No owner or person charged with a dog/cat's care shall abandon a dog/cat. Abandonment consists of:
1. leaving a dog/cat for a period in excess of 48 hours without providing for someone to feed, water, and check on the dog/cat's condition. In the event that a dog/cat is found so abandoned, such dog/cat may be taken by an Animal Control Officer (or Law Enforcement) and impounded in the Animal Shelter. Such dog/cat, if taken from private property, shall be kept for not less than five (5) days with the same procedure to be followed as in Section 4 (Impoundments);
2. leaving a dog/cat by a roadside or other public area;
3. leaving a dog/cat on either public or private property without the property owner's consent.

E. No person shall place any poisonous substance which may be harmful to a dog/cat in any location where it may be readily found and consumed by any such dog/cat.

SECTION 9: DANGEROUS DOGS

A. The owner of any dog determined to be a dangerous dog by an Animal Control Officer, shall be required to purchase a permit of $100.00 from Nelson County Fiscal Court. Dangerous dogs shall be contained in an enclosed fence with a height of at least 8 feet or in a secure kennel with attached roof.

B. No owner of (a) dangerous dog(s) may transfer ownership or the location where the animal is contained, without notifying Animal Control. Permits to keep dangerous dogs are not transferable.

SECTION 10: PENALTIES

Any person violating any provision of this Ordinance shall be deemed guilty of a misdemeanor and shall upon conviction, be punished by a fine of not less than $10.00 nor more than $200.00, or be imprisoned for not less than five (5) days nor more than sixty (60) days, or both so fined and imprisoned. If any violation is continuous, each day's violation shall be deemed a separate violation. In lieu of the penalties provided herein, when a violation notice is issued, the Animal Control Officer may assess a civil penalty not less than $10.00 nor more than $200.00. All civil penalties shall be paid to the Nelson County Fiscal Court.

SECTION 11: CONFLICT

All ordinances in conflict herewith are repealed to the extent of such a conflict. In the event any part of this Ordinance is construed to be in conflict, abate or abridge any Kentucky Revised Statute, then the more restrictive construction shall be applicable.

SECTION 12: EFFECTIVE

This Ordinance shall become effective immediately after its passage and publication as required by law.