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1 Commonwealth of Kentucky Oldham County Ordinance

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1 Commonwealth of Kentucky Oldham County Ordinance COMMONWEALTH OF KENTUCKY OLDHAM COUNTY ORDINANCE NO. KOC 19-840-504 AN ORDINANCE AMENDMENT REPEALING AND REPLACING ORDINANCE NO. KOC 12-840-138 AND ESTABLISHING A COMPREHENSIVE COUNTY DOG LICENSING AND ANIMAL CONTROL ORDINANCE; AND TO PERMIT MANAGEMENT OF COMMUNITY CAT POPULATION. WHEREAS, Oldham County plans to work with animal care organizations to implement an initiative where community cats may be trapped, evaluated and sterilized, vaccinated against rabies, and ear tipped for identification purposes, and then returned to the community: and WHEREAS, this initiative is a humane solution to address the problem of the expenses related to the overpopulation of community cats; and WHEREAS, similar trap, neuter, and return initiatives have been successful in other communities and resulted in significant declines in expenses and the need for sheltering of community cats, the number of community cats euthanized, as well as an overall reduction of the community cat population. NOW THEREFORE, BE IT ORDAINED BY THE FISCAL COURT OF THE COUNTY OF OLDHAM, COMMONWEALTH OF KENTUCKY, THAT: SECTION I – DEFINITIONS As used in this ordinance, the following terms shall mean; a) ANIMAL: Any living domesticated, vertebrate creature, including livestock, poultry, pet rodents, pet birds, and pet reptiles. b) ANIMAL DEALER: Any person, partnership, or corporation engaging in the business of buying and/or selling any animal or animals for the purpose of resale to pet shops, research facilities, another animal dealer, or individuals, including the sale of any animal from a roadside stand, booth, flea market, or other temporary site. c) ANIMAL CONTROL OFFICER: The official designated by the Judge-Executive to be in charge of the Animal Shelter and the primary enforcement officer for Oldham County of the sections of this ordinance and the state laws regulating animals and owners of animals. As used in this ordinance, the term also includes the agents and employees of the Animal Control Officer, hereinafter designated as ACO. d) ANIMAL SHELTER: Any premises designated and operated by the Fiscal Court of the County for the purpose of impounding and caring for animals held under authority of this ordinance. e) APPROVED RABIES VACCINE: Any vaccine approved by the American Veterinary Association of Kentucky Department of Health and Human Resources and found effective in protecting an animal from contracting rabies. f) AT LARGE: An animal shall be deemed to be at large if the animal is not on the property of its owner nor under the immediate control of a responsible adult. g) CARETAKER: Any person or organization who participates in TNR and/or who regularly provides care to a community cat. h) CAT: Any feline four months of age or older. i) COMMUNITY CAT: Any cat or kitten that has no apparent owner or identification and is free-roaming. j) DOG: Any domestic canine four months of age or older. k) DOMESTIC: Any owned animal whose physiology has been determined or manipulated through selective breeding and does not occur naturally in the wild and any animal which may be vaccinated against rabies with an approved rabies vaccine and any animal which has an established rabies quarantine observation period. 1 l) EAR TIPPING: The removal of the ¼ inch tip of a community cat’s ear, performed while the cat is under anesthesia, in compliance with any applicable federal or state law, and under the supervision of a licensed veterinarian, designed to be the universal identification that the community cat is sterilized and lawfully vaccinated against rabies at least once. Caregivers must make every effort to booster the rabies vaccination as per the manufacturer’s instructions. m) EXOTIC SPECIES: Any animal not indigenous to the United States and not ordinarily tame and which is by nature an animal that lives apart from human beings. n) FERAL: Any domesticated species which has reverted to living in a wild state. o) HARBORER: Any person who assumes responsibility for the feeding and care of an animal. p) HOARDER: Any person who keeps excessive numbers of animals in unsanitary or inhumane conditions and cannot provide adequate care for said animals because of their excessive situation. q) HUMANE SOCIETY: Any organization existing for the purpose of the prevention of cruelty to animals incorporated under the laws of the Commonwealth of Kentucky. r) KENNELS: 1) Commercial Kennel: Any person, partnership, or corporation located in an area that is zoned commercial or industrial, maintaining an establishment where dogs, cats, or other domestic pets are kept for the purpose of breeding, buying, selling, showing, boarding such animals, or engaged in the training of dogs for sentry or guard purposes, and which establishment is so constructed that the animals cannot stray, and must comply with the Planning and Development zoning regulations. Any person, partnership, or corporation owning or keeping eight (8) or more dogs, each of which is four (4) months of age or older is considered a Commercial Kennel. 2) Non-Commercial Kennel: Any person, partnership, or corporation maintaining an establishment where dogs are kept for the purpose of showing, fostering, or as a hobby, and which establishment is so constructed that the animals cannot stray and which maintains no more than eight (8) animals. Non-Commercial Kennels are not allowed on properties where they have been restricted by existing Certain Covenants & Conditions (CCRS’s). s) KITTEN: Any feline younger than four months of age. t) LIVESTOCK: Any member of the Equine, Bovine, Ovine, Caprine, Porcine, including but not limited to bison, llamas, alpacas, vicunas, ostriches, emus, rheas, domesticated rabbits, and poultry. Any domesticated species raised for breeding, food, fiber, or other products. u) MICROCHIP: A passive transponder which can be implanted in an animal and which is a component of a radio frequency identification system (RDIF). Such system must be compatible with a scanner used by Oldham County Animal Control. v) OWNED CAT: Any cat that is a companion to a person, is regularly fed and sheltered in that same person’s habitation. w) OWNER: Any person, partnership, company, or corporation owning, keeping, or harboring animals. x) PERSON: An individual, partnership, company or corporation. y) PET: Any domesticated animal kept for pleasure rather than utility. z) PET BIRDS: Any tamed or domesticated bird kept caged or within doors. aa) PET RODENTS: Any tamed or domesticated hamsters, gerbils, mice, or similar rodents which are kept as domesticated or tamed animals and kept caged or within doors at all times. bb) PET SHOP: Any person, partnership, or corporation engaged in the business of breeding, buying, selling at retail or boarding of animals of any species not prohibited by law for profit making purposes. cc) POULTRY: All domesticated fowl and all game birds which are legally kept in captivity. dd) PUBLIC AREA: Any area in which the public may freely travel, either on foot, vehicle or otherwise. Public areas of homes are the front of the property which contains the driveway, front porch and walkways for mail delivery and ingress-egress. Homes with no public ingress-egress must be fenced and posted, and mail received at a remote mailbox. ee) PUBLIC NUISANCE: Any animal(s), which engages in, but not limited to. The following activity: 1) Molests passers-by or chases vehicles; 2) Damages public or private property in any manner; 3) Attacks people or other animals; 4) Is excessively at large; 2 5) Trespasses upon private property; 6) Trespasses upon public or school grounds; 7) Makes noise in an excessive, continuous, or untimely manner; 8) Creates unsanitary conditions; or 9) Disturbs the peace, comfort, or health of persons in any other manner. ff) PUPPY: Any domestic canine younger than four months of age. gg) QUALIFIED PERSON: Person granted a permit by the Secretary of Human Resources to vaccinate his own dog against rabies. hh) QUARANTINE: Consists of the animal being kept humanely confined in a secure enclosure which will not allow it to come in contact with any other animal or person. ii) REASONABLE HOURS: The normal business hours of any establishment or business regulated by this ordinance. jj) RESTRAINT: An animal shall be deemed to be under restraint if it is on the premises of its owner and not acting uncontrollably, or if accompanied by a responsible person and under that person’s immediate control. Canines off property must be leashed. Community Cats are exempt from restraint requirements. kk) SERVICE ANIMAL: Any guide dog, signal dog, or other animal individually trained to do work or perform tasks for the benefit of an individual who is deemed to be disabled under federal, state, or local law including, but not limited to, guiding individuals with impaired vision, alerting individuals with impaired hearing to intruders or sounds, and assisting non-ambulatory persons by pulling a wheelchair or fetching dropped items; and any trained animal used by a governmental agency in police and rescue work. ll) THEATRICAL EXHIBIT: Any exhibition or act featuring performing animals. mm) TRAP-NEUTER-RETURN (“TNR”): The method of managing community cats by humanely trapping, altering, vaccinating, ear tipping, returning the community cat to the location where they were trapped where the community cats will be provided with long-term care by a caretaker. nn) VACCINATION: The injection by a veterinarian or other qualified person of rabies vaccine approved by and administered in accordance with the regulations of
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