Georgetown, Kentucky

Lexington-Fayette, Kentucky

Code of Ordinances City of Georgetown, Kentucky (2004)

ARTICLE I. IN GENERAL

Secs. 3-1--3-20. Reserved.

ARTICLE II. humane control and regulation

Sec. 3-21. Definitions.

Sec. 3-22. General requirements.

Sec. 3-23. Permits, fee and fines related to commercial animal establishments, animal shelters, animal training, kennels and other uses listed.

Sec. 3-24. Licensing of dogs and cats.

Sec. 3-25. Confinement and control of animals required.

Sec. 3-26. Keeping of vicious animals prohibited.

Sec. 3-27. Impoundment of animals and violation notice.

Sec. 3-28. Animal care (standards for humane care).

Sec. 3-29. Keeping of wild animals prohibited.

Sec. 3-30. Regulations for performing animal exhibitions.

Sec. 3-31. Additional regulations for animal care.

Sec. 3-32. Animal waste disposal.

Sec. 3-33. Enforcement.

Sec. 3-34. Penalties for violations.

ARTICLE II. humane control and regulation

Sec. 3-21. Definitions.

As used in this article, the following terms are defined below:

Abandonment: Abandonment consists of, but is not limited to, leaving an animal at any location for a period in excess of twenty-four (24) hours, without adequate provision for food, water and general condition.

Animal: Any living nonhuman creature, domestic and wild, including livestock, poultry, pet rodents, pet birds and vermin. However, unless the context otherwise requires, for the purpose of this article, animal generally means dogs, cats, and other animals customarily kept as pets.

Animal at-large: Any animal not under the restraint of a person capable of controlling the animal and/or off the premises of the owner.

Animal shelter: The facility operated or utilized by the city for the purpose of impounding animals under the authority of this article or state law.

Auction: Any place or facility where animals are regularly bought, sold or traded, except for those facilities otherwise defined in this article. This section does not apply to individual sales of animals by owners.

Circus: A commercial variety show featuring animal acts for public entertainment.

Commercial animal establishment: Any pet shop, grooming shop, guard dog, auction, riding school or stable, zoological park, circus, performing animal exhibition or boarding or breeding kennel.

Cruelty to animals: Intentionally or wantonly subjecting an animal to unjustifiable physical pain, suffering, or death. By way of example, but not in limitation, cruelty to animals includes mistreatment through abandonment, mutilation, beating, torture, tormenting, failing to provide adequate food, drink, space, or health care, or by any other means.

Grooming shop: A commercial establishment where animals are bathed, clipped, plucked, or otherwise groomed.

Guard dog: Any dog that will detect and warn its handler that an intruder is present in/or near an area that is being secured.

Humane officer or animal control officer: Any person designated by the State of Kentucky, a municipal government or a humane society as a law enforcement officer who is qualified to perform such duties under the laws of the state.

Immediate control: ability to manage and direct the dog. This ability is not limited to direct physical control of the dog.

Kennel: Any premises wherein any person engages in the business of boarding, breeding, buying, letting for hire, training for a fee, or selling dogs or cats.

Livestock: Farm animals, including horses, ponies, cows, swine, sheep, chickens and other animals customarily kept as part of a farming operation.

Owner: Any person, partnership or corporation owning, keeping or harboring one (1) or more animals. An animal shall be deemed to be harbored if it is fed or sheltered for three (3) consecutive days or more.

Performing animal exhibition: Any spectacle, display, act or event, other than circuses, in which performing animals are used.

Person: Any individual, business or combination inferred from the context of this article.

Pet or companion animal: Any animal kept for pleasure rather than utility; an animal of a species that has been bred and raised to live in or about the habitation of humans and is dependent on people for food and shelter.

Pet shop: Any person, partnership, or corporation, whether operated separately or in connection with another business enterprise (except for a licensed kennel), that buys, sells or boards any species of animal.

Public nuisance: Any animal or animals that unreasonably annoy humans, endanger the life or health of other animals or persons or substantially interfere with the rights of citizens, other than their owners, to enjoyment of life or property. The term "public nuisance animal" shall mean and include, but is not limited to, any animal that:

(1)     Is found at-large three (3) or more times within a twelve-month period;

(2)     Damages or intimidates pedestrians or passersby;

(3)     Chases vehicles;

(4)     Makes excessive noise such as would constitute a violation of the noise article in chapter 9;

(5)     Due to owner's or keeper's violation of this article, causes unreasonable odor, creating unreasonable annoyance or discomfort to owners and occupants of properties adjacent to the premises where the animals are kept;

(6)     Due to owner's or keeper's violation of this article, causes unsanitary conditions within or surrounding the animal's enclosure;

(7)     Is offensive or dangerous to the public health, safety or welfare by virtue of the number and/or types of animals maintained or the manner in which they are kept; or

(8)     Attacks other domestic animals.

Restraint: Any animal secured by a leash or lead under the control of a responsible person and obedient to that person's commands, or within the real property limits of its owner.

Unfit for purchase: An animal is unfit for purchase, which suffers or dies of a disease or parasitic infection and is certified by a veterinarian within thirty (30) days of the purchase date as having had the disease or condition on the date of purchase. A puppy, dog, kitten or cat is unfit for purchase, which suffers from a congenital or hereditary condition and is certified by a veterinarian as having that condition within one (1) year of the date of purchase.

Veterinary hospital: Any establishment maintained and operated by a licensed veterinarian for surgery, diagnosis and treatment of disease and injury of animals.

Vicious animal: Any animal that attacks, bites or injures human beings or domesticated animals without adequate provocation, or which, because of temperament, conditioning or training has a known propensity to attack, bite or injure human beings or domesticated animals.

Wild animal: Any living member of the animal kingdom, including those born or raised in captivity, except the following: human beings, domestic dogs (excluding hybrids with wolves, coyotes or jackals), domestic cats (excluding hybrids with ocelots or margays), farm animals, rodents, any hybrid animal that is part wild, and captive-bred species of common cage birds.

Zoological park: Any facility operated by a person, partnership, corporation or government agency, other than a pet shop or kennel, displaying or exhibiting one (1) or more species of nondomesticated animals.

(Ord. No. 04-027, § 1, 11-18-04)

Sec. 3-22. General requirements.

(a)     Rabies vaccination (Pursuant to KRS 258.015): All dogs and cats, four (4) months of age or older, shall be vaccinated for rabies and revaccinated for rabies at the expiration of the immunization period as certified by a veterinarian. Any other animal kept pursuant to these regulations shall also be vaccinated for rabies at all appropriate intervals as determined by a veterinarian or by the game warden.

(b)     Killing, injuring or pursuing squirrels, rabbits, or birds: 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.

(c)     Livestock and poultry prohibited: The keeping of livestock or poultry in the city is prohibited, except as part of a commercial animal establishment permitted pursuant to this article. No person shall permit or negligently allow livestock to run at large in the city.

(d)     Public nuisances prohibited: It shall be unlawful for any person to keep or to have within the city an animal that habitually or repeatedly gets into garbage cans or bags, or damages flowers, gardens, shrubs or otherwise creates a public nuisance. This shall include, but not be limited to, the following actions: molests passers-by or passing vehicles; attacks people or other animals; is repeatedly at large; damages public or private property; repeatedly barks, whines, or howls.

(e)     Sale of animals prohibited, except by licensed business: It shall be unlawful to sell, exchange, trade, barter, or display any horses, cattle or other livestock, dogs, cats, sheep, goats, chickens, or other poultry or fowl, except pursuant to a duly licensed pet store, stockyard, or breeding establishment conducting such sales or exchanges at its regular place of business and which business is duly licensed by the City of Georgetown, and that such sales shall be subject to the provisions of the Kentucky Revised Statutes governing the sale of livestock and animals. This subsection shall not apply to individual owners of animals or livestock, who may sell animals on an occasional basis with such sales being conducted on property owned or leased by them. An example of an exempt private sale by an individual is the occasional sale of a litter of puppies.

(f)     Prohibition against offering animals as prizes/awards:

(1)     No person shall offer any live animal as a prize or award in connection with any raffle, protest, demonstration, promotion, or as an incentive to participate in any game, promotion, or otherwise.

(2)     The provisions of this subsection shall not apply to any raffle or promotion conducted by a private, nonprofit, livestock-related organization engaged in such activity at a show or exhibition sanctioned by the Kentucky Department of Agriculture.

(g)     Regulations concerning location of animal sales by individual or business: No person shall offer to sell, offer for adoption or otherwise give away animals from any location, except individuals not otherwise doing business or as part of a recurring practice of selling or persons engaged in a business at a specific location licensed by the City of Georgetown government for such purpose.

(Ord. No. 04-027, § 2, 11-18-04)

Sec. 3-23. Permits, fee and fines related to commercial animal establishments, animal shelters, animal training, kennels and other uses listed.

(a)     No person, partnership or corporation shall operate a commercial animal establishment or animal shelter without first obtaining a permit pursuant to this section. Application for a permit under this section to establish a new commercial animal establishment under the provisions of this article may be made at any time. This section shall not apply to persons employed by the city or county government.

(b)     The Mayor of the City of Georgetown shall promulgate regulations establishing the procedure for the issuance of permits under this section. All permits issued shall be conditioned on satisfactory compliance with all requirements of this and other applicable articles and laws, including the humane care of animals. These regulations shall be amended from time to time as appropriate for the public health and welfare and the protection of animals.

(c)     A permit shall be issued to an applicant upon compliance with applicable regulations required for the issuance of a permit, upon payment of the applicable non-refundable fee.

(d)     The permit shall be for one (1) year beginning the date on which the permit is issued. Applications for permit renewal may be made up to thirty (30) days prior to, but not later than sixty (60) days after, the expiration of the permit. Applicable permit fees are:

Kennel authorized to house fewer than 10 dogs or cats . . . $ 50.00

Kennel authorized to house 10 or more but fewer than 50 . . . 100.00

Kennel authorized to house 50 or more dogs or cats . . . 150.00

Pet Shop . . . 100.00

Auction . . . 100.00

Zoological park . . . 200.00

Circus . . . 200.00

Petting zoo . . . 150.00

Guard-dog training center . . . 200.00

Riding schools or stables . . . 200.00

(e)     Upon a change in ownership of a commercial animal establishment, the current permit may be transferred to the new owner upon payment of a ten-dollar transfer fee.

(f)     Every facility regulated by this article shall be considered a separate enterprise requiring an individual permit.

(g)     No fee shall be required of any veterinary hospital, animal shelter or government-operated zoological park.

(h)     Permit issuance and revocation:

(1)     Prior to issuing a permit under section 3-23, the city shall inspect the facility for compliance with this article. The city may revoke any permit or license if the person holding the permit refuses or fails to comply with this article, applicable regulations or other law governing the protection and keeping of animals.

(2)     Any person, partnership or corporation whose permit to operate a commercial animal establishment is revoked shall, within ten (10) days of receiving notice of the revocation, humanely dispose of all animals owned, kept, or harbored.

(3)     The city may inspect the premises and all animals of permit holders at any reasonable time. If permission for such inspection is refused, the holder's permit may be revoked.

(4)     Submission of false or incomplete information on an application for permit shall constitute grounds for the denial or revocation of a permit. Such submission may be prosecuted as a violation under section 3-34 below.

(5)     No person who has been convicted of cruelty to animals shall be issued a permit to operate a commercial animal establishment for a period of two (2) years following the date of conviction. The city shall revoke the permit of any person convicted of cruelty to animals.

(6)     Any person having been denied a permit may not reapply for a period of thirty (30) days; each reapplication shall be accompanied by a ten-dollar fee.

(Ord. No. 04-027, § 3, 11-18-04)

Sec. 3-24. Licensing of dogs and cats.

(a)     Any person owning or keeping any dog or cat over six (6) months of age that is covered by this licensing requirement must obtain a license for that animal.

(b)     Written application for licenses shall include name and address of applicant, description of the animal, the appropriate fee and rabies certificate issued by a licensed veterinarian or other person authorized to issue such certificates.

(c)     If not revoked, licenses for the keeping of dogs and cats shall be for a period of one (1) year.

(d)     Application for a license must be made within thirty (30) days of the date on which the owner came into possession of the dog or cat over six (6) months of age. Nonresidents keeping an animal otherwise subject to this provision within the city for not longer than sixty (60) days are exempt from this requirement.

(e)     A license without fee shall be issued for certified Seeing Eye or hearing dogs, governmental police dogs or other dogs certified to assist the disabled.

(f)     Upon acceptance of the license application and fee, the city shall issue a durable tag, stamped with an identifying number and the year of issuance.

(g)     Dogs and cats must wear identification tags at all times.

(h)     The city shall maintain a record of the identifying numbers of all tags issued, making this record available to the public.

(i)     The licensing period shall begin with the date on which the license is issued and be effective for one (1) year.

(j)     A license shall be issued after payment of the following application fee:

TABLE INSET:

Unneutered male dog..........$20.00  

Neutered male dog..........$5.00  

Unneutered male cat..........20.00  

Neutered male cat..........5.00  

Unspayed female dog..........20.00  

Spayed female dog..........5.00  

Unspayed female cat..........20.00  

Spayed female cat..........5.00  

Individuals age sixty-five (65) or older are eligible to license an animal without charge. The licensing of all subsequent animals in a given year shall require payment of the stated license fee.

(k)     A duplicate license may be obtained upon payment of a one-dollar replacement fee.

(l)     Animal licenses are not transferable from one (1) animal to another.

(m)     Animal licenses may be obtained at the animal shelter or at participating veterinarians. Veterinarians may add an additional two dollars ($2.00) for their services.

(Ord. No. 04-027, § 4, 11-18-04)

Sec. 3-25. Confinement and control of animals required.

(a)     Dogs running at large: No dog shall be permitted to run at large, except under the immediate control of its owner or handler. Keeping a dog under the immediate control of its owner, handler or other person in charge of the animal shall be accomplished in one (1) of the following ways:

(1)     Confined within an enclosure that complies with the requirements below;

(2)     Firmly secured by means of a collar, chain or other device so that it cannot stray from the premises on which it is secured. Securing a dog by collar, chain or other device is further governed by subsection 3-28(f), below, which phases out the use of chains and ropes, other than as leashes; or

(3)     If off of the owner's or handler's premises, the animal shall be subject to the person's immediate control, whether by leash, command or other humane device.

(b)     Proper enclosures for canines:

(1)     Enclosures for canines, adult and juvenile, shall be a fence or structure of sufficient height and construction to prevent the animal from leaving the owner's property. The fence or structure must be in good repair and fit to ground level or a fabricated structure that prevents the animal from digging out. Gates and doors must fit properly and must be locked or secured by a latch that prevents the animal from opening the gate or door.

(2)     Property enclosed by a buried wire which produces a signal received by a device attached to a collar worn by canine which prevents the animal from leaving the property of the owner will be considered a proper enclosure, provided the device and signal are working and the animal does not leave the property unrestrained. Such property must be clearly marked with a sign and the sign must be posted next to the driveway or entry to the property. This type of enclosure must contain proper shelter from the weather for the animal.

(c)     Female dogs and cats in heat to be confined (related to dogs, KRS 258.255): Every female dog or cat in heat shall be confined in a building or secure enclosure in a manner that prevents the animal from coming into contact with another animal, except for a planned breeding. For the purpose of this regulation, an underground fence system is not a secure enclosure.

(Ord. No. 04-027, § 5, 11-18-04)

Sec. 3-26. Keeping of vicious animals prohibited.

The keeping of a vicious animal is prohibited.

Sec. 3-27. Impoundment of animals and violation notice.

(a)     Unconfined and uncontrolled dogs and nuisance animals shall be taken by the city and impounded in an animal shelter in a humane manner.

(b)     Animals taken under this section shall be kept for at least five (5) working days.

(c)     If, by a license tag or other means, the owner of an impounded animal can be identified, the city shall, immediately upon impoundment, notify the owner by telephone or notice posted at the home of the owner.

(d)     An owner reclaiming an impounded cat shall pay a fee of ten dollars ($10.00) plus two dollars ($2.00) for each day the animal was impounded. Subsequent impoundments occurring within twelve (12) months shall incur double impoundment fees.

(e)     An owner reclaiming an impounded dog shall pay a fee of ten dollars ($10.00) plus two dollars ($2.00) for each day the animal had been impounded. If the animal is not licensed, the owner shall obtain a license and pay a license fee for the animal. Subsequent impounds occurring within twelve (12) months shall incur double impoundment fees.

(f)     Any animal not reclaimed by its owner within five (5) working days shall become the property of the city and shall be placed for adoption in a suitable home. If the animal is not suitable for adoption, the animal may be humanely euthanized by sodium pentobarbital.

(g)     In addition to, or in lieu of, impounding an animal found at large, the animal control officer, humane officer, or police officer may issue to the owner of the animal, if known, a notice of article violation. The notice shall inform the owner of the penalty of twenty dollars ($20.00) for permitting the animal to be at large. The penalty shall be payable to the city within seventy-two (72) hours of delivery of the notice. Payment of the penalty shall not be in satisfaction of fees related to impoundment. In the event that such penalty is not timely paid, the city may have a criminal summons issued out of the district court.

(h)     The city shall keep records of the care, feeding, veterinary treatment and disposition of all animals impounded at the shelter.

(i)     In the event that the city finds an animal to be subjected to inhumane conditions resulting in the animal's suffering, the animal may be removed and cared for at the owner's expense. If the animal's condition precludes reasonable relief of its suffering, the city may euthanize it. In this event, the city need not wait the five (5) days required above. Where practicable, the city shall notify the owner prior to euthanasia. The animal shall be returned to the owner only if abuse is not charged and all expenses incurred by the city have been reimbursed. If abuse is charged, the animal will be returned only on order of the court and reimbursement of all expenses incurred.

(j)     No action of the city, including euthanasia of the animal, shall relieve the owner of liability for violations and accrued charges.

(Ord. No. 04-027, § 7, 11-18-04)

Sec. 3-28. Animal care (standards for humane care).

(a)     All owners or keepers of animals shall provide his or her animals with humane care and treatment, which includes proper grooming. Examples of humane treatment required of persons owning or possessing animals are: sufficient wholesome and nutritious food, water, air, shelter, space, protection from the weather and reasonable veterinary care.

(1)     All owners or keepers of animals shall maintain a clean and healthful shelter and living area for any animal being kept. The area shall be free of accumulated waste and debris to the extent that the animal can walk or lie down without coming in contact with any such waste or debris. All such shelter or living areas must be cleaned and maintained regularly to provide for the proper health of the animals being kept.

(2)     All living areas shall be constructed and maintained to promote drainage of rainwater to prevent the accumulation of mud and/or water.

(3)     Shelters shall be constructed to protect the animal from precipitation and of a material which provides insulation from temperature extremes. In addition to the shelter, a shaded area shall also be provided by means of trees or other structures, e.g., awning.

(4)     The shelter shall have a dry floor, constructed of a material that provides insulation with supports or boards that keep the floor off of the ground. Insulated bedding material shall be provided during weather extremes.

(b)     No person shall beat, ill-treat, torment, overload, overwork, or otherwise abuse an animal. No person shall cause, instigate, permit or participate in a dogfight, cockfight, bullfight or other combat between animals or between animals and humans.

(c)     No person shall abandon an animal in his or her care. In the event that an animal is abandoned, the city may impound the animal pursuant to section 3-27.

(d)     The cropping of a dog's ears or the docking of a dog's tail shall be performed only by a person duly authorized and licensed.

(e)     A chain, leash or similar restraint used to maintain a dog under the immediate control of the owner or handler when the animal is outside the premises in which the animal is otherwise kept, shall be designed and placed to prevent choking or strangulation.

(f)     The securing of a dog by a chain, rope or similar equipment (hereafter referred to as chain) used as a means of restraint on the premises where the dog is usually kept, i.e., the home of the owner or handler, shall not be less than ten (10) feet in length and must be used in conjunction with a swivel or a chain run. No portion of the chain that is entangled shall be included in the ten (10) feet minimum length.

(1)     Provided, that not later than February 1, 2005, no dog shall be secured by a chain that is anchored at only one (1) location, anchoring that restricts the animal's movement to a circle around a single anchor the radius of which is determined by the effective length of the chain. Beginning on that date, all chains securing a dog shall be connected to a chain run by means of a wire or other fixture anchored at two (2) locations not less than ten (10) feet apart, an arrangement that allows the animal to run along either side of the wire the distance of the anchored wire plus the minimum ten (10) feet length of the chain beyond each anchor. This arrangement permits far greater exercise than merely circling a single anchor the radius of the chain.

(2)     This prohibition of the single point chain does not apply to the owner or handler who keeps his or her dog in the home or in a complaint enclosure, but who, for exercise, personal break or other appropriate need, temporarily secures the animal by a chain for a time not to exceed eight (8) hours in any twenty-four-hour period.

(g)     Chickens, ducklings or rabbits younger than eight (8) weeks of age may not be sold to a single purchaser in quantities of fewer than twelve (12).

(h)     Any person who, as the operator of a motor vehicle, strikes a domestic animal shall stop immediately, render such assistance as may be reasonably and safely given and report such injury or death to the animal's owner if known, or to the city.

(i)     No person shall knowingly place any poisonous substance so that the poison is likely to be eaten by any animal. Utilization of commercially prepared rat poison in the manner for which it is intended is not a violation of this section.

(Ord. No. 04-027, §8, 11-18-04)

Sec. 3-29. Keeping of wild animals prohibited.

No person shall own, possess, or otherwise exercise custody over, whether or not on his or her property, any wild or vicious animal for display, training, or exhibition. AAZPA accredited or educational facilities are exempt from this section.

(Ord. No. 04-027, § 9, 11-18-04)

Sec. 3-30. Regulations for performing animal exhibitions.

(a)     No person may participate as a sponsor, promoter, trainer, spectator or other facilitator in connection with any activity in which a wild animal is compelled to engage in unnatural behavior, is wrestled, fought, mentally or physically harassed or displayed in such a way that the animal is stressed mentally or physically; or in which a wild animal is induced or encouraged to perform through the use of chemical, mechanical, electrical or manual devices in a manner that will cause or is likely to cause physical injury or suffering. This prohibition applies to either public or private events, and applies regardless of any other purpose for which the event is held and irrespective of whether a fee is charged.

(b)     All equipment used on a performing animal shall fit properly and be in good working condition.

(Ord. No. 04-027, § 10, 11-18-04)

Sec. 3-31. Additional regulations for animal care.

(a)     Pet store regulations and standards:

(1)     All pet shops, including businesses that sell pets in conjunction with or as part of their larger business, shall, in addition to the requirements of this section, comply with all standards provided in the other sections of this article. Facilities shall be subject to inspection by the city during reasonable hours.

(2)     Facilities shall be equipped with hot water at a minimum temperature of one hundred forty (140) degrees Fahrenheit for washing and disinfecting. Cold water shall be accessible to all parts of the store. Fresh water shall be available to all species at all times. Water and food containers shall be cleaned and disinfected each day. All water and food containers shall be mounted so the animal cannot turn them over. Water and food containers shall also be removable for cleaning.

(3)     The store's ambient room temperature shall be maintained at a level that is healthful for every species kept in the shop.

(4)     All cages and enclosures shall be of nonporous material for easy cleaning and disinfecting. Each cage shall be of sufficient size that the animal has room to stand, turn, and lie down in natural positions. Each cage must be cleaned and disinfected each day.

(5)     All animals under three (3) months of age are to be fed at least three (3) times per twenty-four (24) hours. All animals from three (3) months to nine (9) months of age shall be fed at least two (2) times per twenty-four-hour period, including Sundays and holidays. All other animals shall be fed at least once per twenty-four-hour period, including Sundays and holidays.

(6)     Each bird shall have sufficient room to sit on a perch. Perches shall be placed parallel and horizontal to each other in the same cage. Cages shall be cleaned everyday. Cages shall be disinfected when birds are sold or otherwise transferred to a different cage. Parrots and other large birds shall have separate cages from smaller birds.

(7)     There shall be adequate clean dry bedding for each individual animal.

(8)     All animals must be fed and watered, and all cages cleaned every day.

(b)     Puppies, dogs, kittens, cats purchased; certification as unfit for purchase:

(1)     No pet shop, animal dealer, or other person as part of his or her business shall sell any puppy, dog, kitten or cat, which is unfit for purchase.

(2)     In the event that a puppy, dog, kitten or cat is certified as unfit for purchase and such certification is presented in writing to the seller within seventy-two (72) hours of the veterinary certification, the buyer may choose one (1) of the following options and the seller shall be obligated to fulfill the chosen option:

a.     The buyer may return the animal for a full refund of the purchase price plus tax. The buyer shall also receive reimbursement of the veterinary fee incurred for the certification plus veterinary fees directly related to necessary emergency services and treatment undertaken to remedy the disease or condition incurred prior to determination of the animal's unfitness for purchase and any veterinary fees incurred.

b.     The buyer may return the animal for an exchange up to the purchase price, tax, plus the reimbursement of veterinary fees provided for in the preceding section.

c.     The buyer may keep the animal and attempt to cure or ameliorate the disease, infection, or condition. The seller shall be responsible for the cost of veterinary fees reasonably related to the treatment of the animal that was certified as unfit, up to the full purchase price of the animal plus tax.

d.     The buyer of a puppy, dog, kitten or cat that dies from the disease, defect, infection or condition for which it is certified as unfit for purchase may receive a full refund of purchase price plus tax. The buyer shall also receive reimbursement of the veterinary fee incurred for the certification plus veterinary fees directly related to necessary emergency services and treatment undertaken to remedy the disease or condition incurred prior to determination of the animal's unfitness for purchase and any veterinary fees incurred providing comfort.

e.     The seller may contest a demand for veterinary expenses, refund or exchange made by a buyer. The seller's contest must be made in writing within two (2) days of the buyer presentment of the certificate of unfitness. The written contest shall require the buyer to produce the animal for examination by a licensed veterinarian of the seller's choice. Upon such examination, if the buyer and the seller are unable to agree on the buyer's choice of options, above, within ten (10) business days following receipt of the animal for examination, the buyer may initiate an action in a court of competent jurisdiction to recover the entitlements provided for above, plus any relief otherwise provided under applicable law.

(c)     Riding schools/stables regulations and standards:

(1)     All riding schools or stables shall, in addition to the requirements of this section, comply with standards provided in the other sections of this article. Facilities shall be subject to inspection by the city during reasonable hours.

(2)     All animals shall be provided with daily food and water, free from contamination. The food shall be wholesome, palatable, and of sufficient quantity and nutritive value to meet accepted daily requirements for the age, condition and size of the animal.

(3)     All equipment used for riding must properly fit each animal and be in proper working condition.

(4)     Shelter: All buildings and sheds used for stabling animals shall be:

a.     Well lit and ventilated and provide adequate protection from the weather;

b.     Kept clean and in good repair at all times; manure and urine shall be removed therefrom daily.

c.     Equipped with acceptable bedding material.

d.     Equipped with enclosures where animals are kept that have floors graded and raked to keep the surface dry.

(5)     Flies and other insects must be controlled through general sanitation and necessary means.

(6)     Animals let for riding purposes must be in good physical condition. Animals shall be properly shod and the hooves shall be kept trimmed. Reasonable veterinary and follow-up care shall be provided.

(7)     Animals shall be kept clean, particularly in the area in contact with harness of other tack.

(8)     Animals shall not be overworked. Animals worked more than two (2) hours without thirty (30) minutes rest or receiving less than ten (10) hours rest out of every twenty-four (24) hours shall be presumed to be overworked.

(9)     All harnesses and bridles shall be kept cleaned and in good repair.

(10)     No animal shall be made to perform by means of any prod, stick, electrical shock, physical force, or by causing pain or discomfort. Whips and riding crops shall be used in a manner by which no injury is caused to the animal.

(11)     The city may order all or part of the premises closed or quarantine a particular animal for any of the following reasons:

a.     Excessive parasitism, diagnosed by a veterinarian, which would cause the animal to be unfit to be ridden or driven.

b.     General malnutrition as diagnosed by a veterinarian.

c.     Presence or suspicion of transmissible disease as diagnosed by a veterinarian.

(12)     All stalls, barns, paddocks, fields, or any enclosures where horses or ponies are kept, shall be secured by gates and fencing in good repair and sufficient to prevent the escape of the animal.

(d)     Theatrical exhibitions/circuses:

(1)     All theatrical exhibitions/traveling circuses shall, in addition to the requirements of this section, comply with standards provided in the other sections of this article. Facilities shall be subject to inspection by the city during reasonable hours.

(2)     Animal quarters shall be of sufficient size to allow each animal to stand up, lie down, and turn around in a natural position without touching the sides or top of the enclosure, another animal or waste. Each enclosure shall maintain a comfortable and healthful temperature level as well as adequate ventilation.

(3)     The enclosure, performance, or exhibit area shall include a barrier located in such a manner as to prevent the public from coming in physical contact with the animals. Exempted from this provision are pony rides and petting zoos containing only domestic animals and exhibitions sanctioned by the Kentucky Department of Agriculture.

(4)     No animal shall be made to perform by means of any prod, stick, electrical shock, chemical or physical force, or by causing pain or discomfort. Any whip or riding crop must be used so as not to cause injury to the animal.

(5)     No animal shall be caused or induced to fight, wrestle or be physically matched against any other animal, person or machine.

(6)     No animal shall perform or be displayed in any dangerous situation, such situation presenting the danger of physical injury to the animal or person.

(7)     The city must be notified of all displays or performances, including date, time, and location at least forty-eight (48) hours in advance of the scheduled time.

(Ord. No. 04-027, § 11, 11-18-04)

Sec. 3-32. Animal waste disposal.

The custodian of every animal shall remove immediately any excreta deposited by his or her animal(s) on public walks, streets, recreation areas or private property belonging to another.

(Ord. No. 04-027, § 13, 11-18-04)

Sec. 3-33. Enforcement.

This article shall be enforced by those persons or agencies designated by the city or applicable law. No one shall interfere with or impede the city or its agents' enforcement of this article. At the designated officer's discretion, either civil citations or criminal summons may be issued for violations of this article.

(Ord. No. 04-027, § 14, 11-18-04)

Sec. 3-34. Penalties for violations.

(a)     Civil penalties:

(1)     First offense. For the first offense, a fine of fifty dollars ($50.00);

(2)     Second offense. For the second offense within twelve (12) months, a fine of one hundred dollars ($100.00);

(3)     Third and subsequent offenses. For the third and subsequent offenses within twelve (12) months, a fine of two hundred dollars ($200.00).

(4)     Payment of civil penalties; penalty for nonpayment. Within seven (7) days from the date of the issuance of a civil citation pursuant to this article, the person cited shall:

a.     Pay to the city the civil penalty prescribed at the designated boxes provided at 100 Court Street or the police department at 550 Bourbon Street; or

b.     Request a hearing regarding such citation and/or penalty before the administrative appeals board.

c.     Failure to pay the citation or request a hearing within the required seven (7) days shall result in the administrative appeals board's entry of a final order determining:

i.     The person cited to have waived his or her right to a hearing;

ii.     The citation and fine to be proper under this article; and

iii.     The assessment of an administrative fee in an amount equal to the original citation fine.

(5)     Person issued a criminal summons shall answer the summons according to applicable law.

(b)     Criminal penalties for serious or repeat offenders, for whom the enforcement officer determines (pursuant to section 3-33 above) that criminal penalties are appropriate:

(1)     Any person violating any provision of this article shall be deemed guilty of a misdemeanor and shall be punished by a fine of not less than twenty-five dollars ($25.00), but no more than five hundred dollars ($500.00). If a violation continues for more than one (1) day, each day during which the violation continues shall be deemed a separate violation. Any civil penalty levied prior to issuance of criminal charges in district court for the same underlying act or occurrence as that for which the earlier civil penalty was imposed, shall be due and payable by the person upon conviction. This civil penalty shall be payable in the manner of restitution.

(2)     The city may revoke all licenses or permits issued to any person, whether an individual or a person engaged in a commercial animal establishment convicted of cruelty to an animal. A person whose license is revoked under this provision shall not be eligible for reissuance of any license under this article for two (2) years, unless a longer period is ordered by the court. In addition to the required period of ineligibility, every person whose license or permit is revoked for a conviction of cruelty to an animal shall successfully complete an approved animal care program prior to issuance of a permit or license under this article.

(c)     Upon revocation of a permit, the city shall remove the previously permitted animals(s) and dispose of it consistent with section 3-27.

(d)     Upon conviction in Scott District Court of criminal animal abuse, the court shall determine whether the person convicted will be ineligible for reissuance of a permit or license under this article for not less than two (2) years or more than five (5) years.

(e)     Penalties pursuant to civil citations shall be satisfied as follows: Payment of fines; penalty for nonpayment: Within seven (7) days from the date of the issuance of a civil citation pursuant to this article, the person cited shall:

(1)     Pay to the city the civil penalty prescribed at the designated boxes provided at 100 Court Street or the Police Department at 550 Bourbon Street; or

(2)     Request a hearing regarding such citation and/or penalty before the administrative appeals board.

(3)     Failure to pay the citation or request a hearing within the required seven (7) days shall result in the administrative appeals board's entry of a final order determining:

a.     The person cited to have waived his or her right to a hearing;

b.     The citation and fine to be proper under this article; and

c.     The assessment of an administrative fee in an amount equal to the original citation fine.

(Ord. No. 04-027, § 15, 11-18-04)

CHARTER AND CODE OF ORDINANCES LEXINGTON-FAYETTE, KENTUCKY URBAN COUNTY GOVERNMENT

Chapter 4 ANIMALS AND FOWL*

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*Charter references: Authority to provide for the protection of and prevent cruelty to animals, § 3.02(22).

Cross references: Fish vending on streets, § 10-16; milk, § 10-51 et seq.; traffic regulations, § 18-9.

State law references: Agriculture and animals, KRS ch. 246 et seq.

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Article I. In General

Sec. 4-1. Auction sales on streets.

Sec. 4-1.1. Animal adoption.

Sec. 4-2. Cruelty, injury, killing--Beating, etc.

Sec. 4-3. Same--Poisoning, etc.

Sec. 4-4. Same--Abandoning disabled animal.

Sec. 4-5. Same--Killing, etc., squirrels, rabbits or birds.

Sec. 4-6. Same--Fights; wagering.

Sec. 4-7. Same--Selling dyed chicks or other baby fowl.

Sec. 4-8. Same--Selling chicks or other baby fowl in small numbers.

Sec. 4-9. Same--Aid to S.P.C.A., Humane Society.

Sec. 4-10. Fowl going at large.

Sec. 4-11. Hogs; keeping.

Sec. 4-11.1. Dangerous wildlife.

Sec. 4-12. Noisy animals, keeping.

Sec. 4-12.1. Giving away live animals as prizes prohibited.

Article II. Dogs

Sec. 4-12.2. Nuisances created by animals.

Sec. 4-12.3. License required for dogs or cats.

Sec. 4-12.4. Kennel license.

Sec. 4-12.5. Standards for kennels.

Sec. 4-13. Reserved.

Sec. 4-14. Vicious dogs.

Sec. 4-15. Reserved.

Sec. 4-16. Enticing dog from owner; bringing into urban county for impounding; removing muzzle or tag.

Sec. 4-17. Taking unleashed dogs into parks.

Sec. 4-18. Female dogs in heat not to run at large.

Sec. 4-19. Dogs running at large.

Sec. 4-20. Reserved.

Sec. 4-21. Impoundment.

Sec. 4-22. Dog pound; dog wardens.

Sec. 4-23. Dog run areas.

Sec. 4-23.1. Responsibility of owner to remove animal excreta from waste removal areas.

Article III. Horse-Drawn Vehicles

Sec. 4-24. License required.

Sec. 4-25. Application for license.

Sec. 4-26. Insurance, bond, inspection certificate.

Sec. 4-27. Insurance, bond.

Sec. 4-28. Vehicle inspection, permit.

Sec. 4-29. Inspection of horses, permit.

Sec. 4-30. Driver's permit.

Sec. 4-31. Obedience to traffic regulations; operating hours.

Sec. 4-32. Responsibilities of licensee.

Sec. 4-33. Minimum standards.

Sec. 4-34. Penalties.

ARTICLE I. IN GENERAL

Sec. 4-1. Auction sales on streets.

(a)     It shall be unlawful for any person to sell by public auction any loose animal on any street, alley or public highway within the urban county or to expose for sale thereon animals in droves, herds or flocks.

(b)     Each violation of this section shall be punishable by a fine not exceeding twenty-five dollars ($25.00).

Cross references: Auctions generally, § 13-23 et seq.

Sec. 4-1.1. Animal adoption.

(a)     Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning:

(1)     Animal adoption or adoption means the transfer of possession and ownership of a dog or cat from a person or entity that did not originally breed the animal, is not commercially selling the animal for a profit, or is classified as exempt from federal taxation under section 501(c) of the Internal Revenue Code (26 U.S.C. sec. 501(c)).

(2)     Adoption agency or agency means any person or not-for-profit entity offering ten (10) or more animals for adoption in any calendar year or conducting animal adoptions within Fayette County.

(3)     Adopter means the person or entity that accepts the transfer of possession and ownership of an animal from an adoption agency.

(4)     Adoption fee means the consideration, monetary or otherwise, exchanged for the adoption of an animal, including all costs paid or to be paid by the adopter.

(5)     Animal means a dog or a cat.

(b)     Any person who in any calendar year offers ten (10) or more animals for adoption within Fayette County shall be considered an adoption agency and shall comply with the following conditions:

(1)     Provide the adopter with a comprehensive list of medical care and services provided to the animal as of the date of adoption and the adoption agency's policy for returning animals.

(2)     Shall, at a minimum, spay or neuter, vaccinate for rabies, obtain and maintain all applicable state and local licenses, and microchip with an identification tag all animals offered for adoption. On the date of the adoption, the adoption agency shall provide the adopter with documentary evidence of compliance with this subsection.

(3)     Shall post at each location where animals are available for adoption, in a conspicuous place, a sign containing the name (including corporate or company status), business address, and telephone number of the adoption agency and the name of the person responsible for the adoption agency's compliance with this section.

(4)     Shall provide the adopter with a copy of the information required in subsection (b)(3) and an itemized list of the adoption fees.

(5)     If it is not medically advisable to neuter or spay the animal offered for adoption, then the adoption agency and the adopter shall enter into a written adoption contract in which the adopter agrees to have the animal spayed or neutered within a period of four (4) months from the date of adoption and the adoption agency agrees to pay the cost of neutering or spaying the animal at the appropriate time. A written statement from a licensed veterinarian shall be required to qualify for the temporary exemption from neutering or spaying. Evidence of payment for the cost of neutering or spaying the animal shall be provided in writing to the person adopting the animal on the date of the adoption.

(c)     A violation of subsection (b) shall be a misdemeanor, punished by a fine of up to five hundred dollars ($500.00). Each day's continuance of any such violation shall be a separate offense and each animal offered for adoption or adopted in violation of this section shall be considered a separate offense.

(d)     Any animal offered for adoption in violation of the provisions of this section may be seized and impounded by the urban county government and may be confined at the urban county government animal shelter until all violations are corrected and all fines paid. The urban county government or its designee may transfer title to any animal impounded for a period greater than thirty (30) days.

(Ord. No. 304-2001, § 1, 12-6-01)

Sec. 4-2. Cruelty, injury, killing--Beating, etc.

If any person shall within the urban county, unnecessarily or cruelly beat, torture, abuse or otherwise mistreat any horse, beast or other animal, whether his own or that of another, he shall be fined not less than one hundred dollars ($100.00) nor more than five hundred dollars ($500.00) or imprisonment for a term not to exceed twelve (12) months, or both, for each act which shall be a separate offense.

(Ord. No. 10-99, § 1, 1-28-99)

State law references: Cruelty to animals, KRS 525.125, 525.130.

Sec. 4-3. Same--Poisoning, etc.

If any person shall in the urban county unlawfully kill, disfigure, maim, poison or attempt to administer poison to, any animal whether his own or that of another, he shall be fined not less than ten dollars ($10.00) nor more than one hundred dollars ($100.00) nor more than five hundred dollars ($500.00) or imprisonment for a term not to exceed twelve (12) months, or both, for each act which shall be a separate offense.

(Ord. No. 10-99, § 1, 1-28-99)

Sec. 4-4. Same--Abandoning disabled animal.

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 be subject to a fine of not less than one hundred dollars ($100.00) nor more than five hundred dollars ($500.00) or imprisonment for a term not to exceed twelve (12) months, or both, for each act which shall be a separate offense.

(Ord. No. 10-99, § 1, 1-28-99)

Sec. 4-5. Same--Killing, etc., squirrels, rabbits or birds.

(a)     It shall be unlawful for any person, at any time within any area of the urban county except those zoned agricultural, to kill, injure, pursue, molest or attempt to injure any squirrels or rabbits running at large in the urban county or any birds other than birds of a predatory nature.

(b)     Any person who shall violate any provision of this section shall be subject to a fine of not less than one hundred dollars ($100.00) nor more than five hundred dollars ($500.00) or imprisonment for a term not to exceed twelve (12) months, or both, for each act which shall be a separate offense.

(Ord. No. 10-99, § 1, 1-28-99)

Sec. 4-6. Same--Fights; wagering.

(a)     Intentionally causing or instigating the fighting of animals or fowl in the urban county 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 subject to a fine of not less than one hundred dollars ($100.00) nor more than five hundred dollars ($500.00) or imprisonment for a term not to exceed twelve (12) months, or both, for each act which shall be a separate offense.

(Ord. No. 10-99, § 1, 1-28-99)

Sec. 4-7. Same--Selling dyed chicks or other baby fowl.

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 as to import artificial color, shall be subject to a fine of not less than one hundred dollars ($100.00) nor more than five hundred dollars ($500.00) or imprisonment for a term not to exceed twelve (12) months, or both, for each act which shall be a separate offense.

(Ord. No. 10-99, § 1, 1-28-99)

Sec. 4-8. Same--Selling chicks or other baby fowl in small numbers.

Any person who shall sell or offer for sale at retail living baby chicks, ducklings or other fowl under two (2) months of age in any quantity less than six (6) shall be subject to a fine of not less than one hundred dollars ($100.00) nor more than five hundred dollars ($500.00) or imprisonment for a term not to exceed twelve (12) months, or both, for each act which shall be a separate offense.

(Ord. No. 10-99, § 1, 1-28-99)

Sec. 4-9. Same--Aid to S.P.C.A., Humane Society.

(a)     It shall be the duty of police officers of the urban county government to aid any member of the Society for the Prevention of Cruelty to Animals or of the Lexington Humane Society in the arrest of any persons who may be in the act of violating any of the provisions of sections 4-2 through 4-12.1, or of the statutes of the state relating to cruelty to animals.

(b)     Any police officer failing to perform the duty required of him in this section shall be fined five dollars ($5.00) for each offense.

(c)     The officers and agents of the Lexington Humane Society may seize and impound any animal or fowl which is the subject of a violation of the provisions of sections 4-2 through 4-12.1 of this Code. In addition to any other penalties provided in this Code, any person violating the provisions of sections 4-2 through 4-12.1 of this Code shall be subject to an order of restitution for the actual costs incurred in seizing, impounding and confining the animal or fowl.

(Ord. No. 10-99, § 2, 1-28-99)

Sec. 4-10. Fowl going at large.

(a)     No person owning or having in his 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 such owner or person in control of such fowl.

(b)     Any person who shall violate any provision of this section shall be fined not less than one dollar ($1.00) nor more than twenty-five dollars ($25.00) for each offense.

State law references: Strays and animals running at large, KRS ch. 259.

Sec. 4-11. Hogs; keeping.

(a)     The keeping of hogs, goats or pigs within any area of the urban county except those zoned agricultural is hereby prohibited and declared to be unlawful.

(b)     A violation of the provisions of this section shall subject the offender to a fine of five dollars ($5.00) and each day such violation shall continue shall be deemed a separate offense.

Sec. 4-11.1. Dangerous wildlife.

(a)     The keeping or holding of wildlife that have been identified by the Kentucky Department of Fish and Wildlife Resource as inherently dangerous to human health and safety within any area of the urban county 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.

(b)     The Kentucky Department of Fish and Wildlife Resources has declared the following species of wildlife to be inherently dangerous to human health and safety:

(1)     African buffalo (Syncerus caffer);

(2)     Hippopotamus (Hippopotamus amphibius);

(3)     Hyenas (family Hyaenidae), all species except aardwolves (Proteles cristatus);

(4)     Honey badger or ratel (Mellivora campensis)

(5)     Old world badger (Meles meles);

(6)     Lions, jaguars, leopards, or tigers (genus Panthera);

(7)     Clouded leopard (Neofelis nebulosa);

(8)     Cheetah (Acinonyx jubatus);

(9)     Elephants (family Elephantidae);

(10)     Rhinoceroses (family Rhinocerotidae);

(11)     Gibbons or siamangs (family Hylobatidae);

(12)     Orangutans, chimpanzees, or gorillas (family Pongidae);

(13)     Baboons, drills, or mandrills (genus Papio);

(14)     Macaques (genus Macaca);

(15)     Gelada baboon (Theropithecus gelada);

(16)     Gavials (family Gavialidae);

(17)     Crocodiles (family Crocodylidae);

(18)     Alligators or caimans (family Alligatoridae);

(19)     Sea snakes (family Hydrophidae);

(20)     Cobras or coral snakes (family Elapidae);

(21)     Adders or vipers (family Viperae);

(22)     Venomous rear-fanged species (family Colubridae);

(23)     Gila monsters or beaded lizards (family Helodermatidae);

(24)     Komodo dragon (Varanus komodoensis);

(25)     The following constricting snakes over eight (8) feet in length:

Boa constrictor (Boa constrictor) all subspecies;

Anaconda (Eunectues murinus);

Indian python (python Molurus);

Reticulated python (python Reticulus); or

Rock python (python Sebae);

(26)     Bears (family Ursidae);

(27)     Wolf or wolf hybrids of over twenty-five (25) percent wolf; or

(28)     Cougar or mountain lion (Felis concolor).

(c)     Any wildlife kept in violation of the provisions of this section shall be seized and impounded by the division of police and shall be confined in a suitable place.

(d)     A violation of the provisions of this section shall subject the offender to a fine of not less than two hundred dollars ($200.00) and not more than five hundred dollars ($500.00) in addition to the reasonable costs incurred in seizing, impounding and confining the wildlife. Each day such violation shall continue shall be deemed a separate offense.

(Ord. No. 147-94, § 1, 7-14-94; Ord. No. 178-98, § 1, 6-25-98; Ord. No. 187-2000, § 1, 6-29-00)

Sec. 4-12. Noisy animals, keeping.

(a)     It shall be unlawful for any person to keep, pasture or harbor within any area of the urban county except those zoned agricultural any bull, cow or other animal that bellows or otherwise makes such 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 not less than five dollars ($5.00) nor more than fifteen dollars ($15.00) for each offense.

Cross references: Noise disturbances, § 14-71 et seq.

Sec. 4-12.1. Giving away live animals as prizes prohibited.

(a)     As used in this section "animal" includes every living creature, domestic or wild, except a human being.

(b)     It shall be unlawful within any area of the county for any person to offer or give away any live animal as a prize or reward in connection with any raffle, protest, demonstration, promotion, or as a part of any gratuity or pecuniary exchange to induce entry into any game, contest or other competition, except livestock offered or given away as a part of a farm youth education program.

(c)     Nothing in this section shall be construed to prohibit the auction or sale of animals.

(d)     Any person who shall violate this section shall, upon conviction thereof, be subject to a fine of not more than five hundred dollars ($500.00) or imprisonment for a term not to exceed twelve (12) months, or both for each offense. Each offering or giving away of an animal in violation of this section shall be deemed a separate offense.

(Ord. No. 201-91, § 1, 9-5-91; Ord. No. 282-95, § 1, 12-7-95)

ARTICLE II. DOGS*

__________

*State law references: See KRS ch. 258.

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Sec. 4-12.2. Nuisances created by animals.

(a)     It shall be unlawful for the owner or occupant of any building or lot to permit:

(1)     Any animal to attack, chase or snap at pedestrians or passersby;

(2)     The accumulation of animal excrement so as to cause unsightly litter or fouling of the air by odor and thereby create an unreasonable annoyance or discomfort to neighbors or others in close proximity to the premises where the animal is kept or harbored; or

(3)     Unsanitary conditions in enclosures or surroundings where the animal is kept or harbored.

(b)     Any person who violates this section shall be punished by a fine of not less than twenty-five dollars ($25.00) nor more than five hundred dollars ($500.00). Each day's continuance of any such violation shall be a separate offense.

(c)     Any animal which is the subject of any violation of this section may be impounded as set forth in section 4-21.

(Ord. No. 31-93, § 1, 3-11-93)

Sec. 4-12.3. License required for dogs or cats.

(a)     Any owner of dogs or cats within the urban county shall apply to the Lexington Humane Society or their agent for the appropriate license. Proof of licensure shall be evidenced by a rabies tag issued by the Lexington Humane Society or its agent. Licenses and rabies vaccination shall be required for each dog or cat six (6) months of age or older. Individual dog and cat licenses shall be renewed each year on or before the last day of the month in which the animal's rabies vaccination expires. Rabies tags shall be firmly attached to a harness or collar worn by the animal at all times. If a dog or cat is found not to be wearing its rabies tag, the owner may prove that the dog or cat is properly vaccinated and licensed by producing a certificate of licensure and evidence of inoculation. Animals kept temporarily (not in excess of thirty (30) days) for the purpose of breeding or showing shall not require an individual dog or cat license provided that the owner has proof of a current rabies vaccination.

(b)     "Owner," for the purposes of this section, shall mean any person having an interest in or right of possession to a dog or cat or any person having control, custody or possession of any dog or cat, or having a dog or cat residing consistently at a location.

(c)     "Service animal," for purposes of this section, shall mean any guide dog, signal dog, or other animal individually trained to do work or perform tasks for the benefit of an individual with a disability, including, but not limited to, guiding individuals with impaired vision, alerting individuals with impaired hearing to intruders or sounds, providing minimal protection or rescue work, pulling a wheelchair, or fetching dropped items.

(d)     The fee for each dog and cat license shall be five dollars ($5.00). The fee for reissuance of a lost, unexpired license shall be one dollar ($1.00). The Lexington Humane Society may retain four dollars ($4.00) of the fee from each license issued by the Lexington Humane Society or by its agent.

(e)     The license fee collected shall be paid to the division of revenue on or before the fifteenth day of each month.

(f)     Any person owning an unlicensed dog or cat shall, upon conviction, be punished by a fine not to exceed two hundred dollars ($200.00). Each day's continuance of any such violation shall be a separate offense.

(Ord. No. 32-93, § 1, 3-11-93; Ord. No. 177-93, § 1, 9-23-93; Ord. No. 233-96, §§ 1--4, 11-21-96)

Editor's note: Section 4-12.3 was added by § 1 of Ord. No. 32-93. Sections 2 and 3 of the ordinance gave conflicting effective dates. Section 1 of Ord. No. 57-93 repealed § 3 of Ord. No. 32-93, thus making the ordinance effective July 1, 1993. Ord. No. 123-93, § 1, adopted June 17, 1993, changed the effective date to Oct. 1, 1993. Section 1 of Ord. No. 177-93, adopted Sept. 23, 1993, purported to amend § 14-12.3(a). The amendment was actually to subsection (a) of this § 4-12.3.

Sec. 4-12.4. Kennel license.

(a)     A "kennel," for purposes of this section, shall mean any establishment where ten (10) or more dogs are kept for the primary purpose of showing (including but not limited to field trial competition, herding, conformation and obedience competition), breeding, buying, selling, trading, boarding or training for guard or sentry purposes, or for a hobby. Puppies in two (2) nursing litters shall not be included in the number of dogs used to define a kennel.

(b)     Any owner or operator of a kennel within the urban county shall apply to the Lexington Humane Society for a kennel license. A kennel license shall not be required for a licensed veterinary clinic, a state or federally regulated animal research facility, the urban county government division of police canine unit facility or the urban county dog pound.

(c)     Any license issued by the Lexington Humane Society under this section shall be subject to all applicable provisions of the zoning ordinance, department of health regulations, chapter 12 of this code, and the minimum facilities and operating standards established by section 4-12.5 of the Code. Licenses shall be effective upon issuance and remain in effect until June 30 of the following year, unless suspended or revoked pursuant to subsection (g) of this section. The Lexington Humane Society may refuse to issue a license to any person that fails to meet the requirements of this section or section 4-12.5 of the Code.

(d)     The license fee for each kennel is twenty-five dollars ($25.00). All license fees collected by the Lexington Humane Society shall be paid into the general services fund of the urban county government.

(e)     Any dog kept in violation of the provisions of this section or section 4-12.5 of the Code may be seized and impounded by the Lexington Humane Society and may be confined at the animal shelter until all violations are corrected and all fines paid. The Lexington Humane Society may transfer title to any animal impounded for a period greater than thirty (30) days.

(f)     Any person owning or operating a kennel without the license required by this section or in violation of the minimum standards established by section 4-12.5 of the Code shall, upon conviction, be punished by a fine of not less than one hundred dollars ($100.00) nor more than five hundred dollars ($500.00). Each day's continuance of any such violation shall be a separate offense.

(g)     The Lexington Humane Society may suspend the license of any person having two (2) convictions under this section or section 4-12.5 of the Code, or any combination thereof, within any twelve (12) month period. A license may be suspended for a period of not more than ninety (90) days. The Lexington Humane Society may revoke the license of any person having three (3) or more convictions under this section, section 4-12.5 of the Code, of KRS 525.125 or KRS 525.130, or any combination thereof, within any two (2) year period. Any person whose license has been revoked may not apply for a kennel license for a period of not less than one (1) year.

(Ord. No. 77-99, § 1, 4-15-99)

Sec. 4-12.5. Standards for kennels.

All kennels within the urban county shall be operated in compliance with the following minimum facilities and operating standards:

(a)     Veterinary care shall be provided for all dogs to maintain good health and general welfare and to prevent suffering.

(b)     All dogs shall, at a minimum, have current rabies vaccinations and state and local dog licenses.

(c)     Unless otherwise required by a licensed veterinarian, each dog shall have sufficient space to sit, stand, lie, and turn in a normal manner without touching the sides or tops of cages or enclosures and otherwise have freedom of movement.

(d)     "Housing facility" means any premises, shed, barn, building, trailer, or other structure or area housing or intended to house dogs. All dogs shall be provided with housing facilities which meet the requirements of this section and which may consist of an indoor, outdoor or sheltered housing facility, or any combination thereof.

(1)     Housing facilities must be kept in good repair, and they must protect the dogs from injury, contain them securely, and restrict other animals from entering.

(2)     The surfaces of housing facilities, including houses, dens, and other furniture-type fixtures and objects within the facility, must be constructed in a manner and made of materials that allow them to be readily cleaned and sanitized, or removed or replaced when worn or soiled. Interior surfaces and any surfaces that come in contact with dogs must:

(A)     Be free of excessive rust that prevents the required cleaning and sanitization, or that affects the structural strength of the surface; and

(B)     Be free of jagged edges or sharp points that might injure the dogs.

(3)     "Indoor housing facility" means any structure or building with environmental controls housing or intended to house dogs. Indoor housing facilities must provide adequate protection against weather extremes and must comply with the following requirements:

(A)     Floors, walls and roofs of structures and runs must be of impervious material. Floors must be metal, fiberglass, concrete or covered throughout with a minimum depth of three (3) inches of gravel.

(B)     The ambient temperature must not fall below 45 degrees F for more than four consecutive hours and must not rise above 85 degrees F for more than four consecutive hours when dogs are present.

(C)     Be sufficiently ventilated when dogs are present to provide for their health and well-being and to minimize odors, drafts, ammonia levels, and moisture condensation. Ventilation must be provided by windows, vents, fans, or air conditioning. Auxiliary ventilation, such as fans, blowers, or air conditioning must be provided when the ambient temperature is 85 degrees F or higher.

(D)     Be lighted well enough to permit routine inspection and cleaning of the facility, and observation of the dogs. Dog areas must be provided a regular diurnal lighting cycle of either natural and/or artificial light and lighting must be uniformly diffused throughout the facility for the well-being of the dogs. Lighting by either natural and/or artificial means shall provide a minimum sixty (60) watts of candle power for at least eight (8) hours each day unless such lighting will adversely affect the health of the dog. Primary enclosures within indoor housing facilities must be placed so as to protect the dogs from excessive light.

(4)     "Sheltered housing facility" means a housing facility which provides the dogs with shelter, protection from the elements and protection from temperature extremes at all times. A sheltered housing facility may consist of runs or pens totally enclosed in a barn or building or of connecting outside runs or pens with inside pens in a totally enclosed building.

(A)     Dogs kept in sheltered housing facilities must be provided with adequate shelter from the elements at all times to protect their health and well-being.

(B)     The following areas in sheltered housing facilities must be impervious to moisture:

(i)     Outdoor floor areas in contact with the dogs, when the floor areas are not exposed to the direct sun or are made of a hard material such as wire, wood, metal, or concrete; and

(ii)     All walls, boxes, houses, dens, and other surfaces in contact with the dogs.

(5)     "Outdoor housing facility" means any structure, building, land, or premise, housing or intended to house dogs, which does not meet the definition of any other type of housing facility provided in this section, and in which temperatures cannot be controlled within set limits.

(A)     Outdoor housing facilities must include one or more shelter structures that are accessible to each dog. In addition, one or more separate outside areas of shade must be provided, large enough to contain all the dogs at one time and protect them from the direct rays of the sun. Shelters in outdoor housing facilities must contain a roof, four sides, and a floor, and must provide the dogs adequate protection and shelter from the cold and heat and from the direct effect of wind, rain, or snow.

(B)     Building surfaces which come into contact with dogs in outdoor housing facilities must be impervious to moisture. Metal barrels, cars, refrigerators or freezers, and the like must not be used as shelter structures.

(6)     "Primary enclosure" means any structure or device used to restrict a dog to a limited amount of space, such as a room, pen, run, cage, compartment or hutch. Primary enclosures must be constructed and maintained to meet the following minimum requirements:

(A)     Be designed and constructed of suitable materials so that they are structurally sound and be maintained in good repair;

(B)     Protect the dogs from injury;

(C)     Contain the dogs securely and keep other animals from entering the enclosure;

(D)     Enable the dogs to remain dry and clean;

(E)     Provide shelter and protection from extreme temperatures and weather conditions that may be uncomfortable or hazardous to all the dogs;

(F)     Provide sufficient shade to shelter all the dogs housed in the primary enclosure at one time;

(G)     Provide all the dogs with easy and convenient access to clean food and water;

(H)     Enable all surfaces in contact with the dogs to be readily cleaned and sanitized or be replaceable when worn or soiled;

(I)     Have floors that are constructed in a manner that protects the dogs' feet and legs from injury, and that, if of mesh or slatted construction, do not allow the dogs' feet to pass through any openings in the floor. If the floor of the primary enclosure is constructed of wire, a solid resting surface or surfaces that, in the aggregate, are large enough to hold all the occupants of the primary enclosure at the same time comfortably must be provided;

(J)     Provide each female with nursing puppies with an additional amount of floor space, based on her breed and behavioral characteristics, and in accordance with generally accepted husbandry practices as determined by a licensed veterinarian; and

(K)     Dogs that are housed in the same primary enclosure must be compatible, as determined by observation, with the following restrictions:

(i)     Not more than ten (10) adult dogs may be housed in the same primary enclosure;

(ii)     Females in heat (estrus) may not be housed in the same primary enclosure with sexually mature males, except for breeding purposes.

(iii)     Any dog exhibiting or known to have a vicious or overly aggressive disposition must be housed separately;

(iv)     Puppies four (4) months of age or less may not be housed in the same primary enclosure with adult dogs, other than their dams or foster dams, except when permanently maintained in breeding colonies;

(v)     Such housing must not adversely affect the health or the well-being of the dog, in the opinion of a licensed veterinarian; and

(vi)     Dogs that have or are suspected of having a contagious disease must be isolated from healthy dogs in the colony. When an entire group or room of dogs is known to have or believed to be exposed to an infectious agent, the group may be kept intact during the process of diagnosis, treatment, and control.

(7)     When dogs are kept on tethers the tether must be attached to the front of the dog's shelter structure or to a post in front of the shelter structure and must be at least three times the length of the dog, as measured from the tip of its nose to the base of its tail. The tether must allow the dog convenient access to the shelter structure and to food and water containers. The tether must be of the type and strength commonly used for the size dog involved and must be attached to the dog by a well-fitted collar or harness that will not cause trauma or injury to the dog. Collars or harnesses made of materials such as wire, flat chains, chains with sharp edges, or chains with rusty or nonuniform links are prohibited. The tether must be attached so that the dog cannot become entangled with other objects or come into physical contact with other dogs in the outside housing facility and so the dog can roam to the full range of the tether.

(e)     Kennel owners and operators must develop, document, and follow an appropriate plan to provide dogs with the opportunity to exercise. The plan must be made available to the Lexington Humane Society on request.

(f)     Feeding and watering.

(1)     Dogs must be fed at least once each day, except as otherwise might be required to provide adequate veterinary care. The food must be uncontaminated, wholesome, palatable, and of sufficient quantity and nutritive value to maintain the normal condition and weight of the dog. The diet must be appropriate for the individual dog's age and condition.

(2)     Food receptacles must be used for dogs, must be readily accessible to all dogs, and must be located so as to minimize contamination by excreta and pests, and be protected from rain and snow. Feeding pans must either be made of a durable material that can be easily cleaned and sanitized or be disposable.

(3)     If potable water is not continually available to the dogs, it must be offered to the dogs as often as necessary to ensure their health and well-being, but not less than twice daily for at least one hour each time, unless restricted by a licensed veterinarian. Water receptacles must be kept clean and must be sanitized.

(g)     Excreta and food waste must be removed from primary enclosures daily and from under primary enclosures as often as necessary to prevent an accumulation of feces and food waste, to prevent soiling of the dogs contained in the primary enclosures, and to reduce disease hazards, insects, pests and odors.

(Ord. No. 77-99, § 2, 4-15-99)

Sec. 4-13. Reserved.

Editor's note: Section 4-13, prescribing when the keeping of vicious dogs is prohibited, derived from Ord. No. 58-74, § 1, adopted Apr. 18, 1974, was repealed by § 1 of Ord. No. 259-87, adopted Nov. 12, 1987.

Sec. 4-14. Vicious dogs.

(a)     A "vicious" dog is defined to include:

(1)     Any dog with a propensity, tendency or disposition to attack, to cause injury to or to otherwise endanger the safety of human beings or domestic animals;

(2)     Any dog which chases or approaches a person upon the streets, sidewalks or any public place in a menacing fashion or apparent attitude of attack;

(3)     Any dog owned or harbored primarily or in part for purposes of fighting, or any dog trained for fighting; or

(4)     Any dog which attacks a human being or domestic animal without provocation.

(b)     It shall be unlawful for any person to keep or harbor within the county a dog known to be vicious unless it is at all times kept on the owner's or harborer's property securely confined indoors or in a securely enclosed and locked outdoor pen or shelter suitable to prevent the entry of young children and designed to prevent the dog from escaping. Such pen or structure must have minimum dimensions of five (5) feet by ten (10) feet and must have secure sides and a secure top. If it has no concrete, cement or asphalt bottom, the sides must be imbedded into the ground no less than two (2) feet. The enclosure must also provide protection from the elements for the dog. A vicious dog shall be transported to or from the indoors and securely enclosed and locked outdoor pen or shelter only if such dog is muzzled and restrained by a suitable chain or leash not exceeding six (6) feet in length and under the control of a responsible adult. The muzzle must be made in a manner that it will not cause injury to the dog or interfere with its vision or respiration but will prevent the dog from biting any person or animal.

(c)     Vicious dogs shall be permitted off the owner's or harborer's property only if such dogs are muzzled and restrained by a substantial chain or leash not exceeding six (6) feet in length and under the control of a responsible adult. The muzzle must be made in a manner that will not cause injury to the dog or interfere with its vision or respiration but must prevent the dog from biting any person or animal.

(d)     When any dog is required by this section to be confined, it shall also be required that a conspicuous notice be posted at the place of confinement of such a nature as to warn the public of the nature of the dog therein confined.

(e)     No person under the age of eighteen (18) years shall be permitted to own, harbor or handle a vicious dog.

(f)     It shall be unlawful for any person to keep or harbor within the county a vicious dog unless it is at all times wearing a vicious dog collar issued by the Lexington Humane Society. It shall be unlawful for any person to remove such collar from a vicious dog.

(g)     Any person violating any of the provisions of this section shall be fined not less than two hundred dollars ($200.00) nor more than five hundred dollars ($500.00) for each offense. In addition to any other penalties provided herein, if a dog inflicts serious injury on a person or domestic animal in an unprovoked attack, the dog shall be confiscated and humanely destroyed after a fourteen-day quarantine period.

(Ord. No. 58-74, § 1, 4-18-74; Ord. No. 164-86, § 1, 7-24-86; Ord. No. 259-87, § 2, 11-12-87; Ord. No. 101-93, § 1, 6-17-93; Ord. No. 270-95, § 1, 12-7-95)

Sec. 4-15. Reserved.

Editor's note: Section 4-15, relating to barking dogs, derived from Ord. No. 58-74, § 1, adopted Apr. 18, 1974, was repealed by § 1 of Ord. No. 281-87, adopted Dec. 10, 1987. See § 14-72(9).

Sec. 4-16. Enticing dog from owner; bringing into urban county for impounding; removing muzzle or tag.

(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 urban county 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 not less than one dollar ($1.00) nor more than ten dollars ($10.00) for each offense.

(Ord. No. 58-74, § 1, 4-18-74)

Sec. 4-17. Taking unleashed dogs into parks.

(a)     It shall be unlawful for any owner or person in charge of any dog to accompany or take any such animal, male or female, except when such dog is upon a leash or chain, into any of the public parks of the urban county.

(b)     Any owner or person in charge of such dog who shall violate this section shall, upon conviction thereof, be punished by a fine of not less than twenty-five dollars ($25.00) nor more than fifty dollars ($50.00).

(Ord. No. 58-74, § 1, 4-18-74; Ord. No. 81-78, § 1, 4-6-78)

Sec. 4-18. Female dogs in heat not to run at large.

(a)     It shall be unlawful for the owner of any female dog to permit her, when proud or rutting, to run at large in the urban county.

(b)     Any person who shall violate this section shall be punished by a fine of not less than five dollars ($5.00) nor more than one hundred dollars ($100.00) or be imprisoned for not less than five (5) nor more than sixty (60) days, or both so fined and imprisoned.

(Ord. No. 58-74, § 1, 4-18-74)

Sec. 4-19. Dogs running at large.

(a)     It shall be unlawful for any dog to run at large within the urban county.

(b)     Dogs shall be confined behind a fence or within an enclosed area or otherwise securely restrained at all times while on the owner's or harborer's property. A dog may be unconfined or unrestrained while on the owner's or harborer's property where the dog is in the company of the owner or harborer and the dog is under the owner's or harborer's direct control and supervision.

(c)     A dog shall be permitted off the owner's or harborer's property only if it is restrained by a chain or leash.

(d)     Any dog found to be unconfined or unrestrained on public or private property, unattended by the owner or harborer, shall be presumed to be running at large and may be impounded by the division of animal control as set forth in section 4-21.

(e)     The owner or harborer of any dog found running at large in violation of this section shall be fined not less than ten dollars ($10.00) nor more than fifty dollars ($50.00) for each offense.

(Ord. No. 5387, §§ 1, 3, 12-9-65; Ord. No. 58-74, § 1, 4-18-74; Ord. No. 81-78, § 2, 4-6-78; Ord. No. 219-80, § 1, 12-23-80; Ord. No. 282-87, § 1, 12-10-87)

Sec. 4-20. Reserved.

Editor's note: Section 4-20, specifying that dogs be kept secured and under control, derived from Ord. No. 5387, § 2, adopted Dec. 9, 1965, and Ord. No. 58-74, § 1, adopted Apr. 18, 1974, was repealed by § 3 of Ord. No. 81-78, adopted Apr. 6, 1978.

Sec. 4-21. Impoundment.

(a)     Any dog or head of livestock found running at large within the urban county, unless accompanied by the owner, custodian, possessor or harborer, and under his immediate control and not confined on the premises of the owner, custodian, possessor or harborer, shall be taken up by a dog warden and held in the pound designated as the urban county dog pound. Each dog shall be there confined in a humane manner for a period of not less than five (5) days and each cat shall be there confined in a humane manner for a period of not less than three (3) days, unless sooner claimed by their owners, custodians or persons entitled to possession thereof, and may be disposed of in a humane manner if not otherwise claimed, sold or adopted. Livestock shall be confined for the period required by state law.

(b)     The executive director of the Lexington Humane Society may transfer title to all animals held after the legal detention period in subsection (a) hereof has expired and the animal has not been claimed by its owner, custodian or other person entitled to the possession thereof, provided the person to whom title is being transferred licenses said animal according to the laws of the state and pays for a rabies inoculation for said dog or cat, together with the boarding and adoption charges levied by the dog pound, and in addition thereto pays the pickup fee payable to the dog pound provided in subsection (c) hereof.

(c)     Any owner, custodian or other person entitled to the possession of a dog, cat, or head of livestock impounded under subsection (a) hereof may claim the animal upon proof that said dog and cat has been inoculated against rabies; payment of boarding charges levied by the urban county dog pound; payment to the urban county of any fine due under section 4-19(e) hereof; and payment of a pickup fee of twenty-five dollars ($25.00), which pickup fee shall be paid into the general services fund of the urban county government.

(Ord. No. 5387, § 4, 12-9-65; Ord. No. 58-74, § 1, 4-18-74; Ord. No. 108-77, § 1, 4-21-77; Ord. No. 168-77, § 1, 6-30-77; Ord. No. 233-96, § 5, 11-21-96; Ord. No. 316-2000, § 1, 10-26-00)

Sec. 4-22. Dog pound; dog wardens.

(a)     The animal shelter on property of the Lexington Humane Society is hereby designated as the urban county dog pound, and all animal control officers are designated as dog wardens for the purposes of sections 4-19 through 4-22. In addition thereto the chief administrative officer is hereby authorized to employ and appoint additional full-time dog wardens to enforce the provisions thereof.

(b)     All members of the division of police of the urban county are hereby designated as dog wardens for the purpose of sections 4-19 through 4-22.

(Ord. No. 5387, § 4, 12-9-65; Ord. No. 58-74, § 1, 4-18-74)

Sec. 4-23. Dog run areas.

The director of the division of parks and recreation is hereby authorized to designate a portion of Masterson Station Park and a portion of Jacobson Park as "dog run areas," within which, at the time designated by the Director, notwithstanding sections 4-17 and 4-19 of this Code, any dog shall be allowed to run at large when under the strict control of its owner, custodian, possessor or harborer. All such dog run areas shall be clearly marked by appropriate signs. The provisions of sections 4-14 and 4-18 remain in effect in all dog run areas designated hereunder.

(Ord. No. 103-79, § 1, 5-3-79)

Sec. 4-23.1. Responsibility of owner to remove animal excreta from waste removal areas.

(1)     The custodian of every animal shall remove any excreta deposited by his/her animal(s) within the urban service boundary on public walks, streets, recreation areas or private property belonging to another.

(2)     Any excreta not removed in violation of subsection (1) above is declared to be a public nuisance.

(3)     Any person violating any provision of this section shall, upon conviction thereof by a court of competent jurisdiction, be fined not more than fifty dollars ($50.00) for each violation.

(Ord. No. 122-91, § 1, 7-2-91; Ord. No. 39-93, § 1, 3-11-93)

ARTICLE III. HORSE-DRAWN VEHICLES*

__________

*Cross references: License fee for horse-drawn vehicle business, § 13-13; citation officers, § 14-10(f)(4); streets and sidewalks, ch. 17; traffic, ch. 18; vehicles for hire, ch. 18A.

__________

Sec. 4-24. License required.

Any person, corporation, partnership or other entity desiring to operate a horse-drawn vehicle business upon the public streets of the county shall be required to secure the license established in section 13-13 therefor. No horse, driver or horse-drawn vehicle shall be used in a horse-drawn vehicle business in the county unless an appropriate permit has been issued for each and the same is affixed in plain view, as hereinafter provided.

(Ord. No. 17-85, § 1, 2-7-85)

Sec. 4-25. Application for license.

Owners of horse-drawn vehicle businesses shall apply to the division of revenue for a license to use the public streets of the county, using application forms provided by that division which shall, at a minimum, contain the following information:

(1)     A description of each horse to be used, including photograph, name, breeding, color and size;

(2)     A description of each vehicle to be used, including photograph, manufacturer and seating capacity;

(3)     The names of all persons other than the applicant who will have any financial interest in any of the horses, vehicles or other property used in the business;

(4)     The proposed routes for the owner's vehicles, the hours of operation and the station or office from which such vehicles shall be operated; and

(5)     Any other information required by the director of tax collection.

(Ord. No. 17-85, § 1, 2-7-85)

Sec. 4-26. Insurance, bond, inspection certificate.

Before a horse-drawn vehicle license is issued to any owner by the division of revenue, the applicant must have on file an approved insurance policy and indemnity bond, a current vehicle inspection certificate for any horse-drawn vehicle he intends to operate, and a current horse inspection certificate for any horse he intends to use in the horse-drawn vehicle business, all as hereinafter provided. Owners are also responsible for securing a permit for all drivers, including themselves, as provided for in section 4-30.

(Ord. No. 17-85, § 1, 2-7-85)

Sec. 4-27. Insurance, bond.

(1)     The horse-drawn vehicle, its drivers, and the owner of the business, shall be adequately insured by a company licensed to do business in the commonwealth for injury or death of individuals in accidents resulting from any cause for which the driver or owner of the horse-drawn vehicle would be liable on account of liability imposed on them by law in the minimum amount of three hundred thousand dollars ($300,000.00) regardless of whether the horse-drawn vehicle is driven by the owner or agent; and for the loss or damage to the property of another including personal property, under the circumstances, in the minimum amounts of two hundred fifty thousand dollars ($250,000.00) to five hundred thousand dollars ($500,000.00) for bodily injury and one hundred thousand dollars ($100,000.00) for property damage and under such terms as may be required by the director of tax collection.

(2)     Further, the horse-drawn vehicle licensee must file or have on file with the commissioner of finance an improved indemnity bond in the amount of five hundred dollars ($500.00) issued by a surety company authorized to transact business within the commonwealth or post a cash bond in that amount. The term of the bond shall be one (1) year or until an improved occupational license tax return is filed with the division of revenue, whichever is later. A horse-drawn vehicle licensee shall forfeit his bond to the urban county government if he fails to comply with chapter 4 or 13 of the Code of Ordinances. Only one (1) bond shall be required for each horse-drawn vehicle license per year, regardless of the number of horse-drawn vehicles for which he is issued permits.

(Ord. No. 17-85, § 1, 2-7-85)

Sec. 4-28. Vehicle inspection, permit.

(1)     Each vehicle which is desired to be used in the horse-drawn vehicle business shall be inspected prior to being placed in service and again before renewal of any horse-drawn vehicle license by the commissioner of public safety or his designee. The inspection shall verify that the vehicle conforms to the safety requirements as set out in the regulations of that office, which regulations shall be available in printed form to all applicants. As a minimum standard and to be included in said regulations are following:

(a)     Vehicles will have no less than one and three-eighths (1 3/8) inch spoked wheels with a rubber covering thick enough to protect the streets from damage and to keep noise to a minimum;

(b)     All vehicles will be equipped with front lights on both sides that are capable of illuminating an object one hundred (100) feet in front of the carriage; turn signals on the front and the rear of the vehicle; flashing warning lights on the front and rear of the vehicle; tail lights; and brake lights.

(c)     All vehicles will be equipped with hydraulic brakes on the rear axle of the vehicle and with a horn or other device capable of making an abrupt sound sufficiently loud to be heard under all ordinary traffic conditions.

(d)     Each vehicle will be equipped with a device to catch horse manure from falling to the pavement;

(e)     Each vehicle will be equipped with a chemical to be poured over horse urine by drivers so as to break down and eliminate accumulated agents and odor;

(f)     Each vehicle will be equipped with the slow-moving vehicle emblem required by the commonwealth to be attached to the rear of the vehicle;

(g)     No vehicle shall be wider than eight (8) feet, including fenders, running boards, and safety mirrors and devices.

(2)     When a horse-drawn vehicle license is issued to any owner, the director of tax collection shall be authorized to issue a vehicle permit to each horse-drawn vehicle owned by the business which shall meet the requirements of this article and any regulations adopted pursuant thereto. The division of revenue shall clearly set forth the permit number of such horse-drawn vehicle and the expiration date thereof on each permit. Such permit shall be securely affixed by the owner to a conspicuous and indispensable part of such horse-drawn vehicle. Whenever a horse-drawn vehicle is found by the commissioner of public safety not to be in a safe and sanitary condition or does not fully comply with all requirements specified in this article or in any regulation issued pursuant thereto, the director of tax collection shall suspend or revoke the permit therefor until these provisions are complied with.

(3)     In no case shall a vehicle permit be transferable from one horse-drawn vehicle to another; however if the licensee replaces a vehicle, he shall not be required to pay an additional license fee if the vehicle permit for the removed vehicle is returned to the director.

(Ord. No. 17-85, § 1, 2-7-85)

Sec. 4-29. Inspection of horses, permit.

(1)     Each horse which is desired to be used in the horse-drawn vehicle business shall be inspected prior to being placed in service and again before renewal of any horse-drawn vehicle license by a licensed Kentucky veterinarian, at the expense of the licensee. The inspection shall verify to the Lexington Humane Society that the horse conforms to the safety and fitness requirements of this article and the regulations of that office, which regulations shall be available in printed form to all applicants. As a minimum standard, such examination shall certify that the animal is suited for the use intended by the licensee. Such certification shall identify the horse by name and physical description. The executive director of the Lexington Humane Society shall notify the director of tax collection in writing whenever he approves any horse for service.

(2)     When a horse-drawn vehicle license is issued to any owner, the director of tax collection shall be authorized to issue a horse permit for each horse owned by the business which shall meet the requirements of this article and any regulations adopted pursuant thereto, as determined by the director of the Lexington Humane Society or his designee. The director of tax collection shall clearly set forth the permit number of such horse and the expiration date thereof on each permit. Such permit shall be securely affixed by the owner to a conspicuous and indispensable part of the harness of such horse at all times he is pulling a horse-drawn vehicle. Whenever a horse used in the horse-drawn vehicle business is found by the executive director of the Lexington Humane Society not to be in a safe or fit condition or does not fully comply with all requirements specified in this article or in any regulation issued pursuant thereto, the director of tax collection shall suspend or revoke the permit therefor until these provisions are complied with.

(3)     In no case shall a horse permit be transferable from one horse to another.

(4)     As used in this article, the word "horse" shall include horses, mules or any other beasts of burden which may be hired for the transportation of passengers by pulling a vehicle.

(Ord. No. 17-85, § 1, 2-7-85)

Sec. 4-30. Driver's permit.

Driver's of vehicles used in the horse-drawn vehicle business shall apply to the division of revenue for a permit to engage in that occupation, using application forms provided by that division which shall, at a minimum, contain a certification that the applicant:

(1)     Holds a valid chauffeur's license issued by the commonwealth;

(2)     Is free of alcohol or drug addiction; and

(3)     Either has experience in driving horse-drawn vehicles or has successfully completed a course in such driving, or both, and shall, if requested, demonstrate his ability to the satisfaction of the director of the Lexington Humane Society or his designee.

(Ord. No. 17-85, § 1, 2-7-85)

Sec. 4-31. Obedience to traffic regulations; operating hours.

(1)     A licensee, having been issued a license under this article to engage in the business of operating horse-drawn vehicles or driving the same, shall be subject to all traffic provisions of this Code and all other ordinances, rules and regulations now in effect in the county or the commonwealth and all traffic ordinances and rules and regulations which may pertain to the operation of horse-drawn vehicles, hereinafter enacted or adopted by the urban county government or the commonwealth, and such rules and regulations formulated and promulgated under authority of this article.

(2)     No horse-drawn vehicle business shall operate upon the public streets of the county prior to 6:00 p.m., prevailing local time, on any day from Monday through and including Friday, except when New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day or Christmas Day falls on one of those days.

(3)     Notwithstanding the provisions of subsection (2), any licensee may make application to the police chief for a special event permit to allow his horse-drawn vehicle to operate at a time other than those permitted above. Any such application shall be in writing and shall specify the day and hour requested for the special event and the route to be taken. If, after consideration and investigation, the police chief finds, with the concurrence of the fire chief and the director of traffic engineering, that the convenience of the public in the use of the county's streets would not be unduly disturbed by such special event, he shall issue the permit applied for.

(4)     No horse-drawn vehicle shall operate upon any public street of the county not having streetlights from one-half hour before sunset to one-half hour before sunrise unless preceded by an escort motor vehicle. The escort motor vehicle shall operate its headlights and flashing warning lights at all times it is escorting a horse-drawn vehicle.

(Ord. No. 17-85, § 1, 2-7-85)

Sec. 4-32. Responsibilities of licensee.

A licensee, having been issued a license under this article to engage in the business of operating horse-drawn vehicles or driving the same, shall be responsible for:

(1)     Ensuring that the horse and vehicle are attended at all times, including when loading or discharging passengers;

(2)     Requiring that all passengers be seated except when boarding or discharging;

(3)     Making available to any person, upon request, the rates for all tours and trips offered by the business;

(4)     Spraying all liquid wastes from the horse immediately with the appropriate chemical to eliminate all noxious odor and bacteria;

(5)     Disposing of manure from the manure-catching device on the horse-drawn vehicle upon return to its base of operations;

(6)     Prohibiting smoking by the driver while he is driving the vehicle;

(7)     Preventing the driver from soliciting patronage or in any manner annoying or obstructing the movement of any person or following any person for the purpose of soliciting patronage;

(8)     Operating safe and sanitary horse-drawn vehicles at all times, which are in full compliance with the mandatory specifications established pursuant to section 4-28; and

(9)     Otherwise conducting the horse-drawn vehicle business in accordance with this article and other requirements of law.

(Ord. No. 17-85, § 1, 2-7-85)

Sec. 4-33. Minimum standards.

A licensee shall, in addition to other requirements of this article, comply with the minimum standards of this section:

(1)     All horses shall be provided with daily food and water, free from contamination. Such food shall be wholesome, palatable and of sufficient quantity and nutritive value to meet the normal daily requirements for the condition and size of the horse.

(2)     All buildings and sheds used for stabling horses shall be well lighted and ventilated and provide protection from the weather. All buildings and sheds used for stabling horses shall be kept clean and in good repair at all times, and manure shall be removed therefrom daily. Any enclosure where horses are kept shall be graded and raked so as to keep the surface reasonably dry. All such facilities shall be subject to inspection at reasonable times by the executive director of the Lexington Humane Society or his designee upon request.

(3)     Flies and other insects must be controlled through general sanitation and necessary means.

(4)     All horses used in the horse-drawn vehicle business must weigh at least thirteen hundred (1,300) to fourteen hundred (1,400) pounds and be considered in general good health;

(5)     Horses exhibiting the following shall be deemed unfit for work:

(a)     Sores or abrasions caused or likely to be irritated by the wearing of services, girths, harnesses or bridles;

(b)     Serious injury or illness;

(c)     Obvious signs of emaciation, malnutrition, lameness or exhaustion; or

(d)     Excessive parasitism.

(6)     Horses requiring veterinary care shall not be moved, ridden or driven except for the purpose of humane keeping, or pasturing or obtaining medical care.

(7)     Horses shall be properly shod with rubber compound type horseshoes, borium shoes, or similar nonslip type shoes to keep the animal from slipping on the pavement; and the hoof shall be kept trimmed.

(8)     Horses shall be kept clean and in particular the areas in contact with harness or other tack.

(9)     Horses shall not be worked more than two (2) hours without being given a cumulative total of thirty (30) minutes rest. The maximum working period for any one (1) horse shall be eight (8) hours out of every twenty-four (24) hours.

(10)     The speed at which any horse is driven shall not exceed a slow trot.

(11)     No horse shall be overridden or driven to result in overheating or exhaustion.

(12)     Horses shall be provided water at the loading site and on routes at all times they are working.

(13)     All harnesses and bridles shall be kept oiled and cleaned so as to be soft at all times.

(14)     All harness will be properly fitted and maintained, and kept free of makeshift like wire, sisal rope and rusty chain.

(15)     No horse is to be worked with equipment causing an impairment of vision other than normal blinders.

(16)     No one (1) horse shall ever pull more than five (5) adult passengers.

(17)     Unsanitary conditions shall not be permitted to be present on any town route, horse rest area or any area where the horses are kept. All such areas shall be kept clean and free of conditions which might harbor or be conducive to the breeding of insects or rodents.

(18)     No horse shall be subject to any cruel or harassing treatment, including any violation of the mandatory rest periods, feeding and watering schedules and workload limits established pursuant to this article.

(Ord. No. 17-85, § 1, 2-7-85)

Sec. 4-34. Penalties.

Any individual who shall violate any provision of this article shall be subject for each offense to a fine or penalty not to exceed five hundred dollars ($500.00) and/or to imprisonment for a period not to exceed twelve (12) months.

(Ord. No. 17-85, § 1, 2-7-85; Ord. No. 102-85, § 2, 5-30-85)