This is not to be used a a legal resource – comments added are intended for humor and not to be used for legal advice. Bold text is added text.

Up-to-date Lexington Fayette Urban County Government ordinances are available at: http://www.municode.com

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. 4-21.1. Spay/neuter grant program.

Sec. 4-21.2. Definitions.

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.

Rat poison is illegal:

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)

Every year the University of Kentucky shoots fireworks at histoplasmosis carrying birds to scare them.

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 (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)

First inmate: Wha'ja in for?

Second inmate: Ah, well... you see... I had this chick and....

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, mistreatment, or torture of 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) Animal control officers 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; Ord. No. 90-2005, § 1, 4-21-05)

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.

I can keep aardwolves, dingos, coyotes, moose (as long as it doesn't bellow)

I wanna moose, I wanna moose...

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);

   Aardwolves are ok; I'm starting an aardwolf farm!

(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).

(Ord. No. 147-94, § 1, 7-14-94; Ord. No. 178-98, § 1, 6-25-98; Ord. No. 187-2000, § 1, 6-29-00; Ord. No. 90-2005, § 2, 4-21-05)

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.

PSSST hey, wanna buy a chick?

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*

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*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)

FEES:

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 designated license facility for the appropriate license. Proof of licensure shall be evidenced by a license tag issued by the designated license facility. Licenses shall be required for each dog or cat six (6) months of age or older and rabies vaccination shall be required for each dog or cat four (4) 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 license was issued. License and 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 license or 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 or by purchasing a vaccination voucher. 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) "Assistance dogs", as defined by KRS 525.010, shall be exempt from the license required by this section.

(d) The fee for each dog and cat license shall be eight dollars ($8.00) for an altered dog or cat and forty dollars ($40.00) for an unaltered dog or cat. In order to receive the reduced license fee for an altered dog or cat, the owner or custodian of the animal must provide either proof of alteration from a licensed veterinarian or a written statement from a licensed veterinarian that the spay or neuter procedure would be harmful to the animal. The fee for reissuance of a lost, unexpired license shall be one dollar ($1.00).

(e) The designated license facility may retain six dollars ($6.00) of the fee from each license issued for an altered dog or cat and ten dollars ($10.00) for each license issued for an unaltered dog or cat. Twenty-five dollars ($25.00) of the fee from each license issued for an unaltered dog or cat shall be paid into a special urban county government fund, which shall be designated as the "Spay and Neuter Fund."

(f) The fee for each vaccination voucher shall be five dollars ($5.00).

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

(h) 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; Ord. No. 90-2005, § 3, 4-21-05)

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 eight (8) or more dogs are kept. 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 designated license facility 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 animal shelter.

(c) Any license issued by the designated license facility 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 for a period of twelve (12) months and shall expire the following year on the last day of the calendar month in which the license was issued, unless suspended or revoked pursuant to subsection (g). The designated license facility 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 designated license facility 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 any animal control officer and may be confined at the animal shelter until all violations are corrected and all fines paid. The animal shelter 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 designated license facility 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-month period. A license may be suspended for a period of not more than ninety (90) days. The designated license facility 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-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; Ord. No. 303-2004, § 1, 12-2-04; Ord. No. 90-2005, § 4, 4-21-05)

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 a local dog license.

(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 forty-five degrees Fahrenheit (45° F) for more than four consecutive hours and must not rise above eighty-five degrees Fahrenheit (85°F) for more than four (4) 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 eighty-five degrees Fahrenheit (85°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 ofthe 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 (1) 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 (3) 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 any animal control officer or the designated license facility 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 (1) 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; Ord. No. 90-2005, § 5, 4-12-05)

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 urban 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, must have secure sides and must be at least seven (7) feet high and havea 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 the 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 and only for the purposes authorized by KRS 258.235. 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 urban county animal shelter. 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 ten-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; Ord. No. 90-2005, § 6, 4-21-05)

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 or rabies 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; Ord. No. 90-2005, § 7, 4-21-05)

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)

Why is the minimum fine less for a bitch then a dog?

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)

Lexington is home to some VERY expensive horses; if your liability insurance doesn't cover your dog and your dog spooks a horse (even a little dog can), you could lose your house, car, retirement and have to pay millions. Buy insurance and control your dog.

Sec. 4-19. Dogs running at large.

(a) It shall be unlawful for any dog to run at large within the urban county; provided that a hound or hunting dog may be unrestrained when engaged in lawful hunting activities while on private or public property designated or authorized for that purpose.

(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; Ord. No. 90-2005, § 8, 4-21-05)

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 an animal control officer and held in the animal shelter designated as the urban county animal shelter. 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 urban county animal control officer 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 and pays for a rabies inoculation for said dog or cat, together with the boarding and adoption charges levied by the urban county animal shelter, and in addition thereto paysthe pickup fee payable to the animal shelter 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 or cat has been inoculated against rabies or purchase of a vaccination voucher from the animal shelter; payment of boarding charges at the rate of seven dollars and fifty cents ($7.50) per day, including the first and last day of impoundment, levied by the urban county animal shelter; payment to the urban county of any fine due under section 4-19(e) hereof; compliance with the redemption requirements for dogs and cats under subsection (d); and payment of a pickup fee of twenty-five dollars ($25.00) for each head of livestock impounded, which pickup fee shall be paid into the general services fund of the urban county government.

(d) In addition to the requirements in subsection (c) above, any owner, custodian or other person entitled to the possession of an impounded dog or cat may redeem the animal by paying a redemption fee. For the first impound within a twelve-month period, the fee is twenty-five dollars ($25.00) for an altered dog or cat and fifty dollars ($50.00) for an unaltered dog or cat. For the second and each subsequent impound within a twelve-month period, the fee shall be doubled. Twenty-five dollars ($25.00) of the fee from each impound fee for an unaltered dog or cat shall be paid into the general fund and the balance shall be paid into the spay and neuter fund. In lieu of paying the impound fee for an unaltered animal, the owner may elect to have the animal spayed or neutered by a licensed veterinarian provided by the Lexington Humane Society, at a cost not exceeding the sum of fifty dollars ($50.00).

(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; Ord. No. 90-2005, § 9, 4-21-05)

Free Spaying/neutering!

Sec. 4-21.1. Spay/neuter grant program.

(a) The dog and cat spay and neuter grant program is hereby established, subject to annual appropriations by the urban county council, to provide grants to qualified residents of the urban county who own unaltered dogs or cats.

(b) A qualified animal owner may receive a grant of up to one hundred (100) percent of the reasonable cost of spaying or neutering his or her dog or cat and a partially qualified animal owner may receive a grant of up to eighty (80) percent of the reasonable cost of spaying or neutering his or her dog or cat.

(c) The commissioner of the department of public safety shall be responsible for administering the grant program consistent with the provisions of this chapter.

(d) The dog and cat spay and neuter grant program shall be funded by fees deposited into the spay and neuter fund, annual appropriations by the urban county council and donations made to the fund.

(Ord. No. 90-2005, § 10, 4-21-05)

Sec. 4-21.2. Definitions.

(a) For purposes of the spay and neuter grant program, the term qualified animal owner means any person who resides in the urban county, who owns an unaltered dog or cat, meets the Assets Test and has an annual income equal to or less than one hundred twenty-five (125) percent of the poverty income levels set forth in the poverty guidelines chart established by the community services administration, annually published in the federal register, in effect at the time of application and the term partially qualified animal owner means any person who otherwise meets the definition of a qualified animal owner but has an annual income equal to or less than one hundred eighty-five (185) percent of the poverty income levels set forth in the poverty guidelines chart. However, income itself shall be measured by the definition contained in subsection (b).

(b) For purposes of the spay and neuter grant program, the term income means the total cash receipts to the animal owner and spouse after taxes from all sources. These sources include money, wages and salaries after any deductions required by law, but not including food or rent in lieu of wages. They include receipts from self-employment or from one's own farm or business after deductions for business or farm expenses. They include regular payments from public assistance, social security, unemployment and workmen's compensation, strike benefits from union funds, veterans benefits, training stipends, alimony and military family allotments or other regular support from an absent family member or someone not living in the household; government employee pensions, private pensions and regular insurance or annuity payments; and income from dividends, interest, rents, royalties or income from estates and trusts. For eligibility purposes, Income does not refer to the following money receipts: any assets drawn down as withdrawals from a bank, sale of property, house or car, tax refunds, gifts, one-time insurance payments or compensation for injury; also to be disregarded is noncash income, such as the bonus value of food and fuel produced and consumed on farms and the imputed value of rent from owner occupied farm or nonfarm housing.

(c) For purposes of the spay and neuter grant program, the term assets test means that any person having assets in excess of either:

(1) Five thousand dollars ($5,000.00) in liquid assets such as bank accounts, savings, certificates of deposits, stocks, bonds, etc.; or

(2) Five thousand dollars ($5,000.00) in equity in assessed value of nonhomestead property;

shall not be eligible to participate in the spay neuter grant program, notwithstanding that he or she meets the income level qualifications set forth in this section. However, the person's primary residence, motor vehicles for personal use and household furnishings shall not be included in computing assets.

(Ord. No. 90-2005, § 11, 4-21-05)

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 animal shelter and its designated licensing facility, and all Lexington Humane Society animal control officers are designated as urban county animal control officers 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 animal control officers to enforce the provisions thereof.

(b) All members of the division of police of the urban county are hereby designated as animal control officers 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; Ord. No. 90-2005, § 12, 4-21-05)

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, a portion of Jacobson Park, and a portion of Coldstream 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; Ord. No. 90-2005, § 15, 4-21-05)

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;