WOODFORD COUNTY ANIMAL CONTROL
City of Midway Ordinances
PROHIBITED ACTS
§ 90.01 CRUELTY TO ANIMALS PROHIBITED.
If any person shall, within the city, unnecessarily or cruelly beat, torture, use or otherwise mistreat any horse, beast or other animal, whether his or her own or that of another, he or she shall be subject to the provisions of § 90.99.
(1997 Code, § 1022.1) Penalty, see § 90.99
§ 90.02 POISONING ANIMALS PROHIBITED.
If any person shall, in the city, willfully kill, disfigure, poison or attempt to administer poison to any animal not his or her own, he or she shall be subject to the provisions of § 90.99.
(1997 Code, § 1022.2) Penalty, see § 90.99
§ 90.03 ABANDONING DISABLED ANIMALS.
Any person who shall leave or cause to be left any wounded, diseased or infirm animal on a street, alley, lot or commons to die a lingering death shall, for each offense, be subject to the provisions of § 90.99.
(1997 Code, § 1022.3) Penalty, see § 90.99
§ 90.04 INJURING, KILLING OF RABBITS, BIRDS AND SQUIRRELS PROHIBITED.
(A) It shall be unlawful for any person, at any time within the city, to kill, injure, pursue, molest or attempt to injure any squirrels or rabbits running at large in the city, or any birds other than birds of a predatory nature.
(B) Any person who shall violate any provision of this section shall be punished subject to the provisions of § 90.99.
(1997 Code, § 1022.4) Penalty, see § 90.99
§ 90.05 GAMEFIGHTS PROHIBITED.
(A) Intentionally causing the fighting of animals or fowl in the city is hereby prohibited.
(B) Any person who shall be present at and abet or encourage any such fights and any person who shall bet any money or other thing of value upon the results of any such fight shall, upon conviction, be fined according to § 90.99.
(1997 Code, § 1022.5) Penalty, see § 90.99
§ 90.06 SELLING DYED CHICKS OR OTHER BABY FOWL PROHIBITED.
Any person who shall sell or offer for sale at retail living baby chicks, ducklings or other fowl which have been dyed, colored or otherwise treated so to import artificial color, shall be fined according to the provisions of § 90.99.
(1997 Code, § 1022.6) Penalty, see § 90.99
§ 90.07 SELLING CHICKS OR OTHER BABY FOWL IN SMALL NUMBERS PROHIBITED.
Any person who shall sell or offer for sale at retail living baby chicks, ducklings or other fowl under 2 months of age in any quantity less than 6 shall be subject to the provisions of § 90.99.
(1997 Code, § 1022.7) Penalty, see § 90.99
§ 90.08 POLICE REQUIRED TO AID S.P.C.A.
(A) It shall be the duty of the police officers of the city to aid any member of the Society for the Prevention of Cruelty to Animals in the arrest of any persons who may be in the act of violating any of the provisions of §§ 90.01 - 90.03, or of the statutes of the state relating to the cruelty to animals.
(B) Any police officer failing to perform the duty required of him or her in this section shall be subject to the provisions of § 90.99.
(1997 Code, § 1022.8) Penalty, see § 90.99
§ 90.09 FOWL GOING AT LARGE PROHIBITED.
(A) No person, owning or having in his or her custody and control any fowl, shall permit same to run at large, or to go upon the grounds or property of another, or beyond the bounds of the property of the person or persons in control of the fowl.
(B) Any person who shall violate any provision of this section shall be subject to the provisions of § 90.99.
(1997 Code, § 1022.9) Penalty, see § 90.99
§ 90.10 KEEPING HOGS PROHIBITED.
The keeping of hogs, shoats or pigs within the city is hereby prohibited and declared to be unlawful.
(1997 Code, § 1022.10) Penalty, see § 90.99
§ 90.11 KEEPING NOISY ANIMALS PROHIBITED.
(A) It shall be unlawful for any person to keep, pasture or harbor within the city any bull, cow or other animal that bellows or otherwise makes noise as to disturb the peace and quiet of the people in the neighborhood where the same is kept.
(B) Any person violating this section shall be subject to the provisions of § 90.99.
(1997 Code, § 1022.11) Penalty, see § 90.99
OFFENSES RELATING TO DOGS
§ 90.30 CONFINEMENT REQUIRED OF BITING DOGS.
(A) It shall be unlawful for any person to keep or harbor within the city a dog that shall bite or fiercely attack any person while outside of its owner's yard or enclosure.
(B) Any person who shall violate this section shall be fined as provided in § 90.99 for each time that the dog shall bite or attack a person as provided in this section.
(C) This section shall not apply where a person shall break into or enter, without permission, the premises or enclosure of the dog and be pursued therefrom and attacked or bitten by the dog.
(1997 Code, § 1023.1) Penalty, see § 90.99
§ 90.31 VICIOUS DOGS TO BE CONTAINED.
(A) Any person, without liability, may kill or seize any dog which is observed attacking any person.
(B) Any livestock owner or his or her agent, without liability, may kill any dog trespassing on that owner's property and observed in the act of pursuing or wounding his or her livestock.
(C) Any dog determined to be vicious by a court and allowed to be returned to an owner shall be confined in a locked enclosure at least 7 feet high or a locked kennel run with a secured top. The dog may leave the enclosure only to visit the veterinarian or to be turned in to an animal shelter. The dog shall be muzzled if leaving the enclosure for either of these purposes.
(D) Any owner whose dog is found to have caused damage to a person, livestock, or other property shall be responsible for that damage.
(E) (1) Any person who has been attacked by a dog, or anyone acting on behalf of that person, may make a complaint before the district court, charging the owner or keeper of the dog with harboring a vicious dog. A copy of the complaint shall be served upon the person so charged in the same manner and subject to the laws regulating the service of summons in civil actions directing him or her to appear for a hearing of the complaint at a time fixed in the complaint. If the person fails to appear at the time fixed, or if upon a hearing of the parties and their witnesses, the court finds the person so charged is the owner or keeper of the dog in question, and that the dog has viciously and without cause, attacked a human being when off the premises of the owner or keeper, the person shall be subject to the penalties set forth in KRS 258.990(3)(b), and the court shall further order the owner or keeper to keep the dog securely confined as provided by division (C) of this section, or the court may order the dog to be destroyed.
(2) The animal control officer shall act as an officer of the court for the enforcement of any orders of the court in his or her jurisdiction pertaining to this subdivision.
(F) For his or her services in the proceedings, a peace officer shall be entitled to the same fees to which he or she is entitled for performing similar services in civil cases. In all proceedings under this section, the court shall place the costs upon either party as it may determine.
(G) It shall be unlawful for the owner or keeper of any vicious dog, after receiving an order under division (E) of this section, to permit the dog to run at large, or to appear in public except as provided in division (C) of this section. Any vicious dog found running at large may be killed by any animal control officer or peace officer without liability for damages for the killing.
(H) Any person violating this section shall be fined according to the provisions of § 90.99.
(KRS 258.235) (1997 Code, § 1023.2) Penalty, see § 90.99
§ 90.32 BARKING DOGS PROHIBITED.
(A) It shall be unlawful for any person to keep or harbor within the city any dog that barks or yelps or otherwise makes noise as to disturb the peace and quiet of the people in the neighborhood where the same is kept.
(B) Any person violating this section shall be fined according to the provisions of § 90.99.
(1997 Code, § 1023.3) Penalty, see § 90.99
§ 90.33 ENTICING DOG FROM OWNER PROHIBITED.
(A) It shall be unlawful to entice a dog from a yard or enclosure of its owner or keeper, or to bring any dog into the city for the purpose of impounding the same or to remove a muzzle or license tag from any dog without the consent of the owner or keeper thereof.
(B) Any person who shall violate this section shall be fined according to the provisions of § 90.99.
(1997 Code, § 1023.4) Penalty, see § 90.99
§ 90.34 UNLEASHED DOGS IN PUBLIC AREAS PROHIBITED.
(A) It shall be unlawful for any owner or person in possession and custody of any dog to accompany or take a dog into any of the public areas or parks of the city, other than a designated dog park of the city, except when the dog is on a leash and in full control of its owner or keeper. Dogs are not permitted in the cemeteries of the city.
(B) Any owner or person in charge of a dog who violates this section shall upon conviction thereof be punished by a fine according to the provisions of
§ 90.99.
(1997 Code, § 1023.5) (Am. Ord. 2012-004, passed 5-7-2012) Penalty, see § 90.99
§ 90.35 DOGS IN HEAT NOT TO RUN AT LARGE.
(A) Every dog in heat shall be confined in a building or secure enclosure in such a manner that the dog in heat cannot come in contact with a male dog except for the purposes of a planned breeding.
(B) Any person who violates this section shall upon conviction be punished according to the provisions of § 90.99.
(KRS 258.255) (1997 Code, § 1023.6) (Am. Ord. 2012-004, passed 5-7-2012) Penalty, see § 90.99
§ 90.36 DOGS RUNNING AT LARGE PROHIBITED.
(A) No owner, custodian, possessor or harborer shall permit any dog to run at large other than on his or her own premises at any time unless accompanied by the owner, custodian, possessor or harborer and under his or her immediate control.
(B) Whoever, being the owner, custodian, possessor or harborer of any dog, violates this section shall be fined according to the provisions of § 90.99.
(1997 Code, § 1023.7) Penalty, see § 90.99
§ 90.37 IMPOUNDMENT OF DOGS.
(A) Any dog found off the premises of the owner or keeper and running at large within the city while not under restraint of a leash and under the control of the owner or keeper, or that is not wearing identification tags, shall be taken up by an animal control officer and held in the county animal control shelter and there confined in a humane manner for a period of not less than 5 days unless sooner claimed by its owner, custodian or person entitled to possession thereof. If the dog is not claimed or adopted within 5 days of its impoundment it may thereafter be disposed of in a humane manner by the county animal shelter.
(B) The animal control supervisor may adopt to a third party any dog held if after the 5-day detention period in division (A) hereof has expired and the dog has not been claimed by its owner, custodian or other person entitled to the possession thereof, and provided that the person who is adopting the dog licenses the dog according to the laws of the state and county, pays all expenses and fees levied by the county animal shelter.
(C) Any dog impounded under division (A) hereof may be claimed by the owner, custodian or person entitled to possession thereof upon proof that the dog has been inoculated against rabies; payment of all expenses and fees levied by and payable to the county animal shelter; and payment to the of any fine due, and in addition thereto the county’s pick-up fee.
(1997 Code, § 1023.8) (Am. Ord. 2012-004, passed 5-7-2012) Penalty, see § 90.99
§ 90.38 CONTAINMENT OF DOGS AND DAMAGES CAUSED BY DOGS.
(A) Any dog within the city limits, licensed or unlicensed, shall be kept confined behind a fence, or kept on a restraint not less than 10 feet in length and either on a swivel designed to prevent choking or strangling itself, or on a chain run and attached to either a collar or harness.
(B) Any and all damages to persons or private property caused by a dog running at large shall be the responsibility of the owner or keeper of the dog.
(1997 Code, § 1023.9) (Am. Ord. 2012-004, passed 5-7-2012) Penalty, see § 90.99
§ 90.39 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 means in their immediate possession 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 other than the dog owner’s property. This section shall not apply to seeing eye dogs under the control of a blind person.
(Ord. 2005-16, passed 12-5-2005; Am. Ord. 2012-004, passed 5-7-2012) Penalty, see § 90.99
§ 90.99 PENALTY.
Any person who violates §§ 90.34 through 90.39 shall be subject to a fine of not less than $25.00 and not more than $250.00 for each offense which fine shall be payable to the Woodford District Court. Any offense relating to the violation of any other provision of this chapter for which no penalty is provided by statute or otherwise shall be deemed a violation.
(Am. Ord. 2012-004, passed 5-7-2012)