90.02 DEFINITIONS

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

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ABANDON. To forsake entirely, or to neglect or refuse to provide or perform the legal obligations for care and support of an animal by its owner or keeper. Leaving any animal on public property or roadways or leaving any animal upon private property without the land owner's consent.

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ADEQUATE SHELTER. Shelter provided to all owned, domesticated animals, sufficient enough to protect the animal from weather conditions that may cause suffering, based upon the species, breed, body condition, and health of the animal. Weather/Waterproof shelter, provided to any dog or cat primarily kept outdoors, that, if not manufactured for the sole purpose of housing dogs or cats, shall be structurally sound, with a solid floor, at least 3 solid walls/sides, a solid roof, proper ventilation, organic bedding, and uncluttered by objects which are likely to cause injury or be detrimental to the health of the dog or cat, and placed in an area that will shelter the dog or cat from the direct effect of wind, rain and snow, with dimensions appropriate for size.

 

ANIMAL. Any domesticated living creature, including, but not limited to, dogs, cats, fowl, livestock, and exotic pets.

 

ANIMAL SHELTER. Any premises designated and operated by the Fiscal Court, directly or by contract, for the purpose of impounding and caring for animals held under authority of this chapter and the state laws regulating animals and owners of animals.

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CHICKEN. Domesticated bird of subspecies Gallus gallus domesticus that serves as a source of eggs.

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COOP. Structure for keeping or housing of chickens permitted in this ordinance.

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FOOD. Foodstuff that is wholesome, uncontaminated, palatable, and of sufficient quality and nutritive value to maintain the normal condition and weight of the animal, and, provided at suitable intervals or at least once a day, unless restricted by a veterinarian.

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HEN. Female chicken

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HUMANE SOCIETY. Any nonprofit corporation, organized under the laws of this state and having as its primary purpose the prevention of cruelty to animals.

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OWNER or KEEPER. Any person or persons, firm, association, partnership or corporation owning, keeping, harboring or allowing a domestic animal to remain on his, her or its property.

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ROOSTER. Male chicken

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RUNNING AT LARGE. Being off the premises of the owner or keeper, and not under the immediate control of the owner or keeper by a restraint device or voice command.

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STRAY. An animal whose owner or keeper is unknown to the person who takes it up and is an animal that has escaped from its owner or keeper and wander or strays about on property not owned or occupied by the owner or keeper of the animal.

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VETERINARY CARE. Care beyond general scope of care given by an owner, when care provided has not prevented pain and suffering of the animal. Care provided, either physically, or advisably, by a Veterinarian licensed by the Kentucky Board of Veterinary Examiners.

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WATER. Access to a supply of clean, fresh, drinkable water, unless restricted by a veterinarian, which is provided in a sanitary manner, based upon species.

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WILD ANIMAL. Any species of animal not normally domesticated by human beings, including, but not limited to primates, bears, lions, tigers, cougars, leopards, wolves or hybrid wolves of more than ¼ wolf, wolverines and other large (more than 35 pounds) carnivores or omnivores. Any animal prohibited by the Kentucky Department of Fish & Wildlife.

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90.03 HUMANE TREATMENT.

(A) No owner or keeper shall fail to provide his or her animal(s) with good and wholesome food, veterinary care when needed to prevent suffering, and humane care and treatment. At all times, the owner or keeper shall provide his or her animal(s) with water, adequate shelter and protection from the weather.

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(B) If any animal, including, but not limited to dogs, and excluding fowl, is to be tethered, by a chain, cable tie-out, or similar restraint, the tether shall be attached to a properly fitting collar/harness designed to be a holding device. The tether and collar shall be of a weight and material appropriate for the species, breed, condition, and size of the animal; cannot be of weight which will cause burden to the animal; be no less than ten (10) feet in length and have swivels on both ends. An owner shall not wrap a tether directly around an animal's neck, and, the the tether shall be attached to a fixed immobile point that allows freedom of movement, while withstanding the force necessary to restrain the animal. The area around the tethered animal shall be free of objects which could become tangled in the tether. If an animal is to be kept in an enclosure, the enclosure shall allow for freedom of movement, unless restricted by a veterinarian, and not allow the animal to stand in their feces and/or urine for prolonged periods. The enclosure shall be free of objects or contaminants which are likely to cause injury or be detrimental to the health of the animal, including, but not limited to, rusty or jagged metal objects, broken glass, or harmful chemicals solvents or agents.

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(C) No person shall beat, cruelly treat, torment, overload, overwork, or otherwise chase any animal, or cause or permit any fight or other combat between animals.No person shall allow an animal, under their direct control by restraint or voice command, to intimidate, harass, or worry another animal which is upon its own property.

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(D) No owner or keeper shall abandon an animal, abandonment consisting of leaving the animal for a period in excess of 24 hours without providing for someone to feed, water and check on the animal's condition. In the event that an animal is found so abandoned, the animal may be taken by the Dog Warden, Animal Control Officer or any peace officer and impounded in the animal shelter. The animal, if taken from private property, shall be kept at the Animal Control facility until either relinquished by the owner or keeper or, custody of the animal is determined by judicial process.

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(E) This chapter does not preclude appropriate authorities or individuals from filing criminal charges under KRS 525.125 or KRS 525.130, statutes which relate to cruelty to animals.

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90.04 NUISANCES.

(A) No owner shall own, keep or harbor any animal, including but not limited to dogs and cats, which shall do any 1 or more of the following objectionable actions, each of which is hereby declared to be a public nuisance within this county:

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(1) Habitual making noises, including, but not limited to barking, howling, yelping, meowing loud enough to be heard beyond the premises of where it is kept or harbored or while trespassing upon any property or premises not owned by the owner or keeper of the animal. This would not pertain to noises made in response to unusual circumstances or deemed as typical response behavior;

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(2)Habitual trespassing upon any property or premises not owned or occupied by the owner or keeper of the animal;

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(3)Habitual turning over, getting into or otherwise damaging or disturbing any items of personal or public property located on any premises other than those owned or occupied by the owner or keeper of the animal;

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(4)Habitual defecating upon any property or premises not owned or occupied by the owner or keeper of the animal;

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(5)Habitual running after, jumping upon, chasing, barking at, biting at or in any other way frightening, molesting or scaring any person other than the owner of the animal and the members of the owner's immediate family.

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(B) The Dog Warden, Animal Control Officer or any peace officer, upon receiving a nuisance complaint, shall investigate the complaint. Upon investigation, the Dog Warden, Animal control Officer or peace officer may issue written notice of the complaint to the owner or keeper of the animal, secure a criminal complaint for violation of the nuisance ordinance, seize the animal pursuant to the provisions in 90.09, or both charge and seize the animal.

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90.05 RABIES VACCINATIONS. The owner or keeper of any animal over 4 months of age shall have the animal vaccinated against rabies by a licensed veterinarian. The veterinarian who vaccinates the animal shall issue to the owner thereof a vaccination certificate. The certificate shall bear the name and address of the veterinarian who issued it, along with a certificate number. The veterinarian shall also furnish each owner with a metal tag bearing the certificate number and the year of the vaccination.

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90.06 RUNNING AT LARGE.

It shall be unlawful for any owner or keeper to permit any animal, excluding cats, to be running at large within the city. The owner or keeper shall keep the animal behind a fence or on a visible leash at all times. An owner or keeper is deemed to have permitted the animal to run at large if a condition exists that the owner or keeper was, or should have been aware of, that would allow the animal to run at large.

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90.07 POISONING PROHIBITED.

It shall be unlawful for any person to place any poison, of any description, or any toxic substance, in any place, on his or her premises or elsewhere, where it may be easily found and consumed by an animal.

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90.08 EXHIBITIONS PROHIBITED.

Exhibitions of wild or vicious animals for display or for exhibition purposes, whether gratuitously or for a fee, is prohibited, unless the exhibitioner is licensed or permitted to do so.

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90.09 WILD ANIMALS.

The keeping of wild animals within any area of the city is hereby prohibited and declared to be unlawful. This section shall not apply to any zoological garden accredited by the American Association of Zoological Parks and Aquariums, appropriately licensed theatrical exhibits, carnivals or circuses, any authorized wildlife rehabilitator or licensed veterinary hospital for purposes of treating injured animals, or any federally licensed research institution.

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90.10 FOWL (CHICKENS).

(A) The City of Versailles will allow residents of the City to keep chickens as pets, subject to the requirements of this Chapter, on single family residences or duplexes if both parties are in agreement, unless the presence of any particular chicken or chickens endangers the health, safety, peace, quiet, comfort, enjoyment or otherwise becomes a public nuisance to nearby residents or occupants.

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(B) No person shall keep chickens inside a single family or multi-family dwelling unit.

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(C) No roosters are allowed.

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(D) A separate coop is required to house the chickens. Coops must be constructed and maintained to meet the following minimum standards: 1. Located in the rear or side yard. 2. Located at least eight (8) feet from the rear or side property lines and at least fifteen (15) feet from a neighboring residence. 3. Of reasonable size to accommodate the number of birds. 4. One standard door to allow humans to access the coop and one door for birds (if above ground level-must also provide a stable ramp). 5. Adequate ventilation and/or insulation to maintain a comfortable coop temperature. 6. Animal proof – coop construction and materials must be adequate to prevent access by dogs, cats, rodents and other animals. 7. All coops shall be functionally constructed and maintained.

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(E) A run or exercise area is required to meet the following minimum standards: 1. Located in the rear or side yard 2. Adequate space for hens to move about freely. 3. A minimum of one gate to allow human access. 4. Adequate cover to keep the hens inside the run and predators out. 5. Any coop, fowl house, or fenced pen area shall be kept clean, sanitary and free from excessive accumulation of chicken excrement and objectionable odors.

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90.11 IMPOUNDING.

(A) Dogs running at large may be taken by the Dog Warden, Animal Control Officer or any peace officer and impounded in the animal shelter and there confined in a humane manner.

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(B) Any cat found to be sick or injured shall be declared to be a public health hazard, and may be seized by the Dog Warden, Animal Control Officer or any peace officer and impounded in the animal shelter and there confined in a humane manner, unless the cat is suffering, whereupon it shall be transported immediately to a Veterinarian Clinic for treatment and/or euthanasia.

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(C) The Dog Warden, Animal Control Officer or any peace officer may impound any cat committing acts which constitute a nuisance as defined in §90.03. Any cat impounded shall be transported forthwith to the animal shelter and there confined in a humane manner.

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(D) 1. All impounded dogs and cats, excepting feral cats, shall be kept for not less than 5 days, unless reclaimed, or relinquished, by their owner or keeper. Upon impoundment, if an owner is known, the Animal Control Officer shall immediately notify the owner, by telephone, written notice or mail, of the impoundment of the animal. An animal not claimed, or relinquished, by its owner or keeper within 5 days of its impoundment may be placed in a suitable new home or humanely euthanized as determined by the officials of the animal shelter. 2. In the event that an animal is to be adopted out, rather than euthanized, the prospective adoptive owner shall first purchase a rabies vaccination voucher from the Animal Control Shelter and have the animal sexually altered, if not already, within 10 days.

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(E) An owner or keeper reclaiming an impounded animal shall pay boarding, vaccination, redemption and other related costs to the Woodford County Animal Shelter. Proof of vaccination for rabies shall be provided before the animal is released. If proof is not provided, the owner or keeper shall purchase a rabies vaccination voucher from the animal shelter before the animal is released.

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90.12 VICIOUS DOG.

No person shall keep or harbor any dog that shall bite or fiercely attack any person. This provision shall not apply to any case wherein the person bit or attacked shall break or enter, without permission any enclosure, and be pursued by the animal.

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90.13 CIVIL LIABILITY FOR DAMAGE.

Any and all damages to persons or private property by a dog shall be the responsibility of the owner of the dog.

('77 Code, § 3-16) (Ord., passed 4-2-68)

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90.14 EXCREMENT, REMOVAL AND CONTAINMENT.

No person shall allow a dog under his 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 such dog's excrement; nor shall any person fail to remove any excrement deposited by any dog under his control on public or private property. This section shall not apply to guide dogs under the control of a blind person.

(Ord. 95-6, passed 6-6-95) Penalty, see § 10.99

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90.15 PROHIBITED ANIMALS.

No person shall keep or harbor within the City limits, except where zoned agricultural, any livestock, roosters, peafowl, geese, swans or turkeys.