Full Ordinance Name:  Louisville-Jefferson County Metro Government. TITLE IX: GENERAL REGULATIONS. CHAPTER 91: ANIMALS (§ 91.098 MUTILATION OF ANIMALS)

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Primary Citation:  Louisville/Jefferson County Metro Government Code of Ordinances § 91.098 MUTILATION OF ANIMALS Date Adopted:  1990 Jurisdiction Level:  Kentucky Last Checked:  September, 2013
Summary:

In Louisville-Jefferson County, Kentucky, no person shall crop a dog’s ears or tail, except a veterinarian. Additionally, no person shall mutilate any animal whether dead or alive; however, this provision does not apply to accepted livestock practices concerning humane slaughter at licensed stockyards, slaughterhouses and meat packing establishments or on the premises of agricultural uses. Penalties are also included for violating these provisions.

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§ 91.093  CROPPING OF EARS OR TAIL.

No person shall crop a dog’s ears or tail, except a veterinarian.

(1994 Jeff. Code, § 91.053)  (Jeff. Ord. 17-1990, adopted and effective 12-19-1990; Lou. Metro Am. Ord. No. 97-2003, approved 5-16-2003; Lou. Metro Am. Ord. No. 233-2006, approved 1-4-2007; Lou. Metro Am. Ord. No. 290-2007, approved 12-20-2007) Penalty, see § 91.999

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§ 91.098  MUTILATION OF ANIMALS.

No person shall mutilate any animal whether dead or alive.  This provision does not apply to accepted livestock practices concerning humane slaughter at licensed stockyards, slaughterhouses and meat packing establishments or on the premises of agricultural uses.  Further, this section shall not apply to the processing of fish or wildlife taken through legal hunting and fishing methods or to the practice of taxidermy.

(1994 Jeff. Code, § 91.059)  (Jeff. Ord. 17-1990, adopted and effective 12-19-1990; Jeff. Am.Ord. 46-1996, adopted and effective 12-10-1996; Lou. Metro Am. Ord. No. 97-2003, approved 5-16-2003; Lou. Metro Am. Ord. No. 233-2006, approved 1-4-2007; Lou. Metro Am. Ord. No. 290-2007, approved 12-20-2007)  Penalty, see § 91.999

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§ 91.999  PENALTY.
  
(A)   Criminal penalty.

(1)   Any person violating any of the following provisions: §§ 91.007, 91.072, 91.090 through 91.095, 91.097 through 91.099, 91.150 or 91.152, or committing a second or subsequent violation of any other provision of this chapter shall be deemed guilty of a Class A misdemeanor and shall be punished by a fine not to exceed $500 or be imprisoned for a period not to exceed 12 months in jail, or both so fined and imprisoned. Each day a violation continues shall constitute a separate offense.

(2)   Except as provided in subsection (A)(1) directly above, any person violating any other provision of this chapter shall be deemed guilty of up to a Class B misdemeanor, so long as this is the party's first offense for any violation, and may be punished up to a $250 fine or imprisoned for a period not to exceed 90 days in jail, or both so fined and imprisoned. Each day a violation continues shall constitute a separate offense.

(3)   Any person found guilty of owning a dangerous dog, in addition to the penalties imposed, may be required by a District Court Judge to have the dog humanely euthanized if in the opinion of that judge the severe attack warrants such action.

(4)   Any person found guilty of owning a potentially dangerous dog or dangerous dog, shall be fined not less than $250 and shall have the dog spayed, or neutered within seven days of that finding.  Proof of the surgery must be provided to MAS within 24 hours of its performance.

(5)   Any person found guilty of owning a potentially dangerous dog or dangerous dog, in addition to any other penalties or stipulations imposed, shall within seven days of that finding also have the dog implanted with a microchip identification.  Within seven days of that implantation, the owner shall present the animal to MAS for scanning and verification of the microchip and identification number.

(6)   In addition to any penalties and/or stipulations imposed, anyone convicted of violations of §§ 91.090 through 91.100 shall also be required to relinquish ownership of the animal(s) to the Metro Government immediately upon that conviction.

(7)   Any person found guilty of violating the provision of § 91.160 shall be fined not less than $50 nor more than $250 for each offense.

(8)   Notwithstanding any other provision of subsections (A)(1) through (A)(7), no fine or penalty imposed under this section for a violation of this chapter shall be less than or greater than that imposed under any provision of the Kentucky Revised Statutes for the same offense.

(B)   Civil penalty.

(1)   Any person who violates any of the provisions of this chapter shall be subject to a civil penalty.  Any person cited pursuant to this subsection may pay the minimum civil penalty within seven days from the date of issuance or request a hearing of such penalty by the Code Enforcement Board (“Board”) in accordance with §§ 32.275et seq. If the person fails to respond to the citation within seven days as referenced above, the person shall be deemed to have waived the right to a hearing.  In this event, the Board shall enter a final order determining that the violation was committed and impose the maximum civil penalty set forth in the citation.

(2)   Any person who violates any provision of any of the provisions of this chapter shall be subject to a civil penalty of not less than $150 nor more than $1,000.  Penalties for each subsequent offense shall be cumulated as multiples of the number of previous offenses.

(3)   Notwithstanding any other provision of subsection (B) under this chapter, no violation shall constitute a civil offense, if the same conduct regulated by this chapter also constitutes a criminal offense under any provision of the Kentucky Revised Statutes.

(4)   The Director may waive or reduce any civil penalty set forth in this subsection (B) due to financial hardship or on the basis of income level, as the case may be, and/or (1) if the violator attends and satisfactorily completes an education or training course established under § 91.060, and/or (2) if the dog or cat is spayed or neutered, at the expense of the owner, as prescribed by the Director of Metro Animal Services.

(1994 Jeff. Code, §91.119)  (Jeff. Ord. 17-1990, adopted and effective 12-19-1990; Jeff. Am.Ord. 46-1996, adopted and effective 12-10-1996; Lou. Metro Am. Ord. No. 97-2003, approved 5-16-2003; Lou. Metro Am. Ord. No. 233-2006, approved 1-4-2007; Lou. Metro Am. Ord. No. 290-2007, approved 12-20-2007)

 


 

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