For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
"ABANDON." Any animal left more than 48 hours without a person checking on the condition of the animal and providing food and potable water or not providing a timed feeder/waterer. Any animal left on private property without the owner's consent or deserted or dumped on public property or roadways.
"ADEQUATE FOOD." Wholesome foodstuffs 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." A structurally sound, properly ventilated, sanitary and weatherproof shelter suitable for the species, condition and age of the animal which provides access to shade from direct sunlight and regress from exposure to inclement weather conditions, but which does not exacerbate existing weather conditions.
"ADEQUATE WATER." A supply of clean, fresh, potable water provided at suitable intervals or on a continual basis in a sanitary manner suitable for the species, condition and age of the animal, in sufficient amounts to maintain good health in the animal.
"ANIMAL." Any live vertebrate creature.
"ANIMAL CONTROL." The department of the county which is designated by the Fiscal Court to enforce the provisions of this chapter and to operate the Animal Shelter.
"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. An Animal Control Officer shall be a law enforcement officer for the purposes of animal control only.
"ANIMAL SHELTER." Any premises operated or approved for operation by the Fiscal Court for the purpose of impounding and caring for animals held under the authority of this chapter.
"COMMERCIAL ANIMAL ESTABLISHMENT." Any pet shop, boarding or breeding kennel, grooming facility, auction, petting zoo, zoological park, circus, 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.
"DAY." For the purposes of this chapter, a 24-hour period shall constitute a day.
"DIRECTOR OF ANIMAL CONTROL." The person appointed by the Judge/ Executive and approved by the Fiscal Court as the Chief Animal Control Officer.
"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 or as a source of food, raw materials or income.
"DWELLING." The house or other structure in which a human being lives.
"EXOTIC ANIMAL." Any animal not indigenous to the United States.
"HUMANE SOCIETY." Any person or organization operating from a fixed site and taking in or accepting stray or unwanted animals.
"IMPOUNDED." Having been received into the custody of Animal Control or any authorized representative thereof.
"LIVESTOCK." Cattle, sheep, swine, goats, horses or any other animals of the bovine, ovine, porcine, caprine, or equine species.
"OWNER." Any person owning, keeping, harboring or sheltering one or more animals.
"PERSON." All natural persons, corporations, partnerships, firms, associations, governmental bodies, agencies, and other entities.
"PET." Domesticated animal kept for pleasure rather than utility.
"PUBLIC NUISANCE." Any animal which:
(1) Molests passers-by or passing vehicles;
(2) Attacks people or other animals;
(3) Damages public or private property;
(4) Is repeatedly at large;
(5) Makes noise in an excessive, continuous or untimely manner;
(6) Creates unsanitary conditions; or
(7) Disturbs the peace, comfort or health of persons in any other manner.
"RESTRAINT." Enclosed in an area by a form of fencing designed to control the movement of the animal or secured by a leash or chain. An animal shall be deemed to be retrained if it remains on the premises of its owner or if it is accompanied by a responsible person and is under that person's immediate control.
"RUNNING AT LARGE." Any animal, other than a hunting dog released for the purpose of hunting, that is off the property of the owner, custodian, possessor or harborer and is not restrained.
"SHOW/PET QUALITY." Those animals registered by the American Kennel Association, Cat Fancier's Association or similar nationally recognized organization depending on the type of animal. Also those animals deemed to be of show/pet quality by one who specializes in breeding of said animal.
"STRAY." Any animal, other than a hunting dog released for the purpose of hunting, that is running at large.
"VETERINARIAN." One licensed and qualified to treat diseases and injuries of animals.
"VETERINARY HOSPITAL CLINIC." Any establishment maintained and operated by a licensed veterinarian for surgery, diagnosis, and treatment of diseases and injuries of animals.
(1) Any animal 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 serious bodily harm;
(2) Any animal 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 animal 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 animal which bites multiple times to the extent of causing severe injury and assaults or otherwise attacks human beings or domestic animals;
(5) Any animal owned or harbored primarily or in part for the purpose of fighting with animals;
(6) It shall be prima facie evidence that an animal is vicious if the animal bites a human being or domestic animal more than once in the same attack;
(7) Exceptions. An animal 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;
(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 animal not domesticated or not ordinarily tame and which is by nature an animal that lives apart from human beings.
(Ord. 2006-3-1, passed 4-13-06)
For other definitions relevant to this chapter, see §
10.02
