CITY OF SOUTHGATE CAMPBELL COUNTY, KENTUCKY ORDINANCE 18-15 AN ORDINANCE OF THE CITY OF SOUTHGATE, KENTUCKY REPEALING AND AMENDING SECTIONS 91.01, 91.03, 91.10, 91.11, AND 91.99 OF THE CITY S CODE OF ORDINANCES; AND ESTABLISHING REGULATIONS TO CONTROL ANIMALS CLASSIFIED AS DANGEROUS OR VICIOUS IN THE CITY OF SOUTHGATE, CAMPBELL COUNTY, KENTUCKY WHEREAS, the City Council desires to update and clarify certain provisions of its Animal Ordinance to regulate the possession, control, and maintenance of dogs in the City which may pose a safety hazard to persons in or about the City; and WHEREAS, the proposed amendments to this Chapter 91 of the Southgate Code of Ordinances promotes the public health, safety, and welfare of the Southgate community and are consistent with and complement the pre-existing Ordinances and regulations pertaining to animals in general. NOW, THEREFORE, BE IT ORDAINED BY THE SOUTHGATE CITY COUNCIL AS FOLLOWS: SECTION 1 Sections 91.03, 91.10, and 91.11 of the City of Southgate Code of Ordinances are hereby repealed in their entirety. SECTION 2 Section 91.01 of the City of Southgate Code of Ordinances is hereby amended to read as follows: For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. CAT. Any cat of either sex over three months of age. [DANGEROUS ANIMAL. Any animal which constitutes a physical threat to human beings or other domestic animals by virtue of a known or displayed propensity to endanger by pursuing, hounding, or attacking any other domestic animal or human being, whether or not the animal bears any license tag required by state law.] DOG. Any dog of either sex over three months of age. HARBORING. Permitting any dog or cat to remain, be lodged, and be fed within the home, yard, place of business, or enclosure of any person.
PERSON. Any natural personal corporation, partnership, joint venture, unincorporated association, or any combination thereof. PIT BULL TERRIER. Any dog which either: (1) Is registered with the American Kennel Club as either an American Staffordshire Terrier or a Staffordshire Bull Terrier; (2) Is registered with the United Kennel Club as an American Pit Bull Terrier; (3) Conforms to any of the standards of the American Kennel Club for the American Staffordshire Terrier or the Staffordshire Bull Terrier or to any of the standards of the United Kennel Club for the American Pit Bull Terrier; or (4) Has physical characteristics, in whole or in part, which are those of either the American Staffordshire Terrier or the Staffordshire Bull Terrier indicated in the standards of the American Kennel Club or the American Pit Bull Terrier of the United Kennel Club. SERVICE ANIMAL or SERVICE DOG. Dogs which qualify as service animals under the Americans with Disabilities Act (ADA), and specifically are individually trained by a certified trainer to do work or perform tasks and activities of daily living for people with disabilities, including physical, sensory, psychiatric, intellectual, or other mental disability. VETERINARIAN. Any person licensed to practice the profession of veterinary medicine in this state, or any other state in which the standards and requirements are equal to those of this state. VICIOUS ANIMAL. (1) Any animal which has inflicted severe injury on a human being without provocation on public or private property; (2) Any animal which has killed a domestic animal without provocation while off the owner s property; or (3) Any animal owned or harbored primarily or in part for the purpose of fighting or any animal trained for fighting. VICIOUS OR DANGEROUS DOG. (1) Any dog which without provocation, and which is not acting in itself or its owner, attacks or bites or has attacked or bitten a human being or domestic animal. Police dogs that may bite or attack a human being or domestic animal while in the line of duty are not included in this definition; or (2) Any dog owned or harbored primarily or in part for the purpose of dog fighting, or any dog trained for dog fighting. (3) Pit bull terriers as defined in this Ordinance. Pit bull terriers that qualify as service animals under the Americans with Disabilities Act (ADA) and this Ordinance are not vicious or dangerous dogs under this Ordinance.
SECTION 3 The following Sections 91.13 to 91.16 are hereby added to and amend Chapter 91 of the City of Southgate Code of Ordinances: 91.13 GENERAL REGULATIONS. (A) Control by owner outside premises. It is unlawful for any owner of any dog, regardless of the dog s age, licensed or unlicensed, or whether it is a service dog or emotional support dog, to permit the dog, at any time, to leave or be beyond the premises upon which the dog is usually kept, except when accompanied and controlled by the owner or some responsible person acting for the owner; and when so accompanied, the dog must be secured by means of a collar or harness, with chain or leash attached thereto, and held by the owner or person acting for the owner. (B) Running at large prohibited. (1) Every owner, harborer or person having the custody, control or possession of any dog shall keep the dog confined to the premises and property of the owner, harborer or custodian, except as hereinafter provided. (2) No owner, harborer or person having the custody, control or possession of any dog shall permit, allow or suffer the dog: (a) To run or be at large as hereinbefore defined; and/or (b) To go about or on the premises or property of any other person within the City without the permission of the person. (C) Vicious or dangerous dog regulations. (1) Owners of vicious or dangerous dogs who maintain their animals out of doors must do so in a pen, kennel or other enclosure out of which the animals cannot climb, dig, jump or otherwise escape on their own volition. The pen, kennel or other enclosure must be of adequate size to humanely confine the dogs. The pen, kennel or other enclosure may not share common fencing with the area or perimeter fencing of the property upon which it is maintained. The pen, kennel or other enclosure must have a secure top attached to all sides, and the gate of the pen, kennel or other enclosure must be locked in a manner that only the owner of the dangerous or vicious dog can open and close the gate. (2) Except when being transported and securely confined within a vehicle, no vicious or dangerous dog shall be permitted off the property of its owner, except when it is restrained by a secure leash and harness, the length of which shall not exceed six (6) feet, and securely muzzled so as to prevent the dangerous or vicious dog from biting another individual or animal. (D) Harboring. (1) No person shall be permitted to own, possess, maintain or harbor any dog on or about their premises in a manner as to create unsanitary or unhealthy conditions, obnoxious odors and/or other nuisances.
(2) It is unlawful for any person to harbor or keep any dog which by constantly or habitually barking, howling or yelping shall cause annoyance or disturbance to the neighborhood. (3) Any person who shall allow any dog to remain and be lodged and be fed within his or her home, store, enclosure or elsewhere on his or her premises shall be considered to be harboring the animal within the terms and meaning of this chapter. (4) No person shall be permitted to own, possess, maintain, or harbor any dog for the purpose of dog fighting. (E) Inoculation. (1) In addition to any other requirements of this chapter, it shall be the duty of every person who owns or harbors a dog in the City to have the dog inoculated with anti-rabic vaccine by a veterinarian or other qualified person within 6 months of birth, and to have the dog inoculated again at the time of the expiration of the previous administration of an anti-rabic vaccine. (2) Failure to so have the dog inoculated shall constitute and be deemed a misdemeanor and shall be subject to punishment as hereinafter provided. Furthermore, it shall be unlawful for any person to own, keep or harbor a dog in the City unless the dog shall have been inoculated with anti-rabic vaccine as aforesaid. (G) Number of vicious or dangerous dogs per household. It is unlawful for any person or persons to keep or harbor more than 2 vicious or dangerous dogs, as defined by this chapter, in or on the premises, residence or apartment of the owner or of any person who has custody of such a dog. (G) Liability insurance requirement. (1) The owner of any vicious or dangerous dog, as defined herein, or the owner of any dog involved in a biting incident of record with any police agency or health department, shall be required to obtain and keep in force, liability insurance or homeowners or renters insurance coverage, in an amount of not less than $100,000, protecting against any injury or death caused by such dog. Proof of such insurance coverage shall be provided to any police or animal control officer upon request. (2) In the event the owner shall be a minor, the minor s parent or guardian shall be required to provide such insurance coverage on the minor owner s behalf. (3) Each owner shall be required to obtain such insurance coverage within 30 days of locating within the City or from the date of purchase or acquisition of any such dog covered hereunder. (4) Any owner found to be in violation hereof shall have such dog confiscated and impounded until the provisions hereof are met. (H) Pet microchip requirement. (1) The owner of any vicious or dangerous dog, as defined herein, or the owner of any dog involved in a biting incident of record with any police agency or health department, shall also be required to obtain and embed into such dog a pet microchip which shall contain the owner s
name, address and dog identification code thereon. Such pet microchip shall provide for better management and control of such dog, permit easy identification of the owner, allow for identification and enforcement of the provisions of this chapter against irresponsible dog owners and to assess damages against such owner to any injured party which may be caused by such dog. (2) In the event the owner shall be a minor, the minor s parent or guardian shall be required to obtain the pet microchip for such dog on the minor owner s behalf. (3) Each owner shall be required to obtain such pet microchip within 30 days of locating within the city or from the date of purchase or acquisition of any such dog covered hereunder. (4) Any owner found to be in violation hereof shall have such dog confiscated and impounded until the provisions hereof are met. 91.14 ANIMAL CONTROL OFFICER OR POLICE OFFICER TO TAKE POSSESSION; INSPECTION OF PROPERTY FOR COMPLIANCE WITH ORDINANCE. (A) Any and all dogs found at large within the City and not bearing a state license in violation of KRS 258.135 shall be taken into custody by either the animal control officer, or any City of Southgate police officer. (B) An animal control officer or any police officer shall have specific authority to inspect and check dogs to determine if they are properly licensed with the County and/or State and to take into custody any unlicensed dog or any dog running at large within the City. (C) An animal control officer or any police officer may use any reasonable means and force necessary to take control and possession of dogs found in violation of this chapter including, but not limited to using tranquilizer guns or devices. An animal control officer or any police officer shall not be liable, civilly or criminally, for dogs that unintentionally are injured or killed in the process of taking control or possession of the animals, as provided herein. (D) It is unlawful for any person to interfere with, molest, hinder or prevent an animal control officer or any police officer in the discharge of his or her duties, as herein prescribed. 91.15 IMPOUNDMENT AND REDEMPTION; FEES. (A) Any animal control officer or police officer may seize and impound any dog or dogs observed and found off the premises where the dog or dogs should normally be kept, when not accompanied by the owner or agent aforesaid. Any dog which does not bear any identifying tag, may be impounded. (B) All dogs taken into custody by an animal control officer as herein provided shall be impounded at the Campbell County Animal Shelter, or other suitable facility. Any dangerous, fierce, rabid or vicious dog found at large which cannot be safely taken up and impounded may be slain by any animal control officer.
(1) Any owner reclaiming an impounded dog shall be required to pay a fee to the Campbell County Animal Shelter in the following amounts: (a) If the dog is not spayed or neutered, $100 for the first redemption and $125 for each subsequent redemption of the same dog. The above fees will be reduced to $85 for the first redemption or $100 for a second redemption if the owner grants permission to the Campbell County Animal shelter to spay or neuter the dog prior to reclaiming the dog. (b) If the dog is spayed or neutered, $85 for the first redemption and $100 for each subsequent redemption of the same dog. (2) However, before the dog is released to the owner, he or she must present a valid inoculation certificate or valid tag which shall be evidence of inoculation. (3) In the event the dog has not been inoculated, the dog shall be released upon payment of the fees set forth above, and the owner shall then have 24 hours to procure and present an inoculation certificate or the dog shall be subject to being impounded again. (4) The payment of the impounding fees shall not bar the imposition of any fine which may be imposed for the violation of this chapter. (C) Guide or seeing eye dogs under the control of a blind person or service animals/service dogs shall not be subject to impoundment unless the Animal Control Officer or Police Officer has reason to believe that the dog is out of control and the handler is unable to bring the dog under control; or the dog without provocation, and which is not acting in itself or its owner, attacks or bites or has attacked or bitten a human being or domestic animal. (D) If the dog is found on the premises of its owner, but is unlicensed (county or state) or at large, the animal control officer or police officer may, in his or her discretion, not impound the dog, but in lieu thereof, issue a citation to the owner for owning an unlicensed dog or permitting the dog to be at large. 91.16 RABID DOGS. (A) If a dog is believed to have rabies or has been bitten by a dog suspected of having rabies, the dog shall be confined and placed under the observation of a veterinarian at the expense of the owner for a period of 10 days by order of any animal control officer, or as prescribed by the County Animal Control. (B) It is unlawful for any person knowing or suspecting a dog to have rabies to fail to comply with any of the provisions of this section. (C) Every owner or other person, upon ascertaining that a dog is rabid, shall immediately notify the animal control officer or the Southgate Police Department, who shall either remove the dog to the animal shelter or, if the animal control officer or police officer is unable to safely remove the dog to the animal shelter, then the animal control officer or police officer is authorized to destroy the dog in as humane a manner as practicably possible under the circumstances.
SECTION 4 Section 91.99 of the City of Southgate Code of Ordinances is hereby amended to read as follows: 91.99 PENALTY (A) Any person, firm, corporation, or other entity violating 91.02 through 91.05, 91.07, [or] 91.09, or 91.13(B) shall be fined in an amount of $85 for the first offense and $100 for the second and subsequent offenses. In addition, if it is determined that an animal running at large in violation of this chapter has not been spayed or neutered, an additional fine of $15 for the first offense and $25 for the second and subsequent offenses shall be imposed. The additional fine shall be reimbursed to the animal owner if the owner grants permission to the Campbell County Animal shelter to spay or neuter the animal prior to reclaiming the animal. (B) Any person, firm, or corporation violating 91.08 shall be fined in an amount of $25 for the first offense, $50 for the second offense in a one-year period, $100 for the third offense in a one-year period, and $200 for the fourth and each subsequent offense in a one-year period. (C) Any person, firm, or corporation violating [91.10 or 91.11] 91.13 or 91.16, other than by permitting a dog to run at large in violation of 91.13(B), shall be fined in an amount of not more than $500, imprisoned not more than 60 days, or both fined and imprisoned. Each day of violation shall constitute a separate offense. (D) Any person, firm, corporation, or other entity who violates any provisions of 91.12 shall be fined in an amount not less than $500 and/or imprisoned up to six months or both fined and imprisoned. Each day of violation shall constitute a separate offense. (E) Upon conviction under this chapter relating to a vicious or dangerous animal or dog, and in addition to any other penalties under this chapter, the Court, in its discretion, may order that one or more of the following restrictions be followed as a condition of the owner retaining the animal: (1) The vicious animal shall be registered with Campbell County Animal Control. (2) The vicious animal shall be confined in an enclosure constructed that satisfies the Animal Control Officer as to the possibility of the animal escaping. All such enclosures shall be designed to prevent the entry of small children and shall be humane and suitable to confine the animal; shall be securely locked; and designed to prevent digging out or other means of escape. (3) The enclosure and front of the house shall openly display a sign that is visible from the roadway, or public access to the residence, warning that there is a vicious animal on the premises.
(4) The vicious animal shall not be permitted outside of the dwelling of its owner or outside the enclosure unless it is necessary to obtain veterinary care or under the control of Animal Control. (5) The owner or keeper of a vicious animal shall immediately notify the Animal Control Officer or Police Department if the animal is loose, unconfined, has attacked an animal or human being, or is deceased. (6) In the alternative to the above, the Court may order the animal euthanized. SECTION 5 That any ordinances or parts thereof in conflict herewith are, to the extent of such conflict, hereby repealed. SECTION 6 That this ordinance shall be passed, published, and recorded according to law. Publication may be in summary form. Passed this day of 2018. ATTESTED: JAMES HAMBERG Mayor BRANDI BARTON City Clerk First Reading: Second Reading: 1840797.2 222084-61975