ORDINANCE NO. Z) 7?, SERIES 2012 AN ORDINANCE AMENDING SECTION 91 OF THE LOUTSWLLEMEFFERSON COUNTY METRO GOVERNMENT CODE OF ORDINANCES [LMCO] TO PERMIT MANAGEMENT OF COMMUNITY CAT POPULATION. (AMENDMENT BY SUBSITUTION) Sponsored By: Council Members Butler, Dovvnarcl, Ward-Pugh, Peden, and Yates WHEREAS, Louisville Metro Animal Services 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 and 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. BE IT ORDAINED BY THE LEGISLATIVE COUNCIL OF ME LOUISVILLE/JEFFERSON COUNTY METRO GOVERNMENT (THE COUNCIL) AS FOLLOWS: Section 1: LMCO Section 91.030 is hereby created to read as follows: 91.030 Management of Community Cat Population (A) A Trap-Neuter-Return Program will be developed by LMAS to address the issues presented by feral and other community cats. To that end it recognizes that there are caretakers of community cats. (B) A Trap-Neuter-Return Program will permit LMAS (or a designee of LMAS) to engage in the trapping of community cats for the purpose of sterilization, vaccination, ear-tipping for easy identification, and any providing of other necessary medical care for community eats. LMAS may work with its designee to implement and/or administer the LMAS's Trap-Neuter-Return Program.
(C) A caretaker providing care for community cat(s) may offer certain necessities on a regular/ongoing basis, including, but not limited to, proper nutrition of food and water as well as medical care as needed. If medical care is unavailable or too expensive, a caregiver should contact LMAS for assistance to prevent the suffering of a community eat. (D) If the requirements identified in (C) are met, the caretaker is exempt from licensing and other provisions of this ordinance that apply to owned cats. Section 2: LMCO Section 91.001 is hereby amended to read as follows: CARETAKER. organization who a=p artici ates in TNR anciwho re ularl provides care to a community cat. CAT. Any domestic feline four months of age or older. COMMUNITY CAT. Any cat or kitten that has no apparent owner or identification and is freeroaming. DOMESTIC PETS ANIMALS. Any of the following owned animals: domestic dog, cat, rabbit, mouse, rat, reptile, guinea pig, chinchilla, hamster, gerbil, ferret. KITTEN. Any domestic feline younger than four months of age. OWNED CAT. Any cat that is a companion to a person, is regularly fed and sheltered in that same serson's habitation. All owned cats are re uired to be in comslianee with licensed pursuant tolmco 91.020. OWNER, Any person owning; or keeping or harboring animals in Jefferson County. RESTRAINT. (1) For all domestic animals except puppies and dogs, RESTRAINT shall mean on the premises of the owner or on premises which the animals' presence has been explicitly allowed, or, if off the premises of the owner where permission has not been granted, under restraint by means of a lead or leash or in a cage or carrier and under the control of a responsible person. Community Cats are exempt from restraint requirements. TRAP-NEUTER-RETURN ("TNR"). The method of managing community cats by humanely trapping, altering, vaccinating against rabies, eartipping, 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. WILD ANIMAL. Shall include the following: 2
(I) Any animal that generally is not domesticated, except community cats, and living among humans, nor those defined as domestic pets animals herein; and (2) Any animal classified by the Kentucky Department of Fish and Wildlife in its statutes Or regulations as either: (a) (b) Inherently dangerous wildlife; Exotic wildlife; or (c) Wildlife whose importation or possession is prohibited by any federal or state law or regulation; and (3) A hybrid of any animal herein classified as a WILD ANIMAL. Section 3: LMCO Section 91.002 is hereby amended to read as follows: 91.002 RESTRAINT REQUIRED. All demestie-animals, excluding community cats, shall be kept under restraint at all times, as defined in this chapter, except as otherwise provided herein, and any deviation or violation thereof is strictly prohibited. Section 4: LMCO Section 91.010 is hereby amended to read as follows: 91.010 SANITARY DISPOSAL OF ANIMAL FECES REQUIRED. (A) It shall be unlawful for any owner or person in charge of a dog, cat, ferret, domestic animal or other four-footed mammal, poultry or other fowl to permit such animal to be on school grounds, metro parks or other public property, or on any private property other than that of the owner or person in charge or control of such animal without the permission of the owner of said property, or on any streets, sidewalks, highways, or rights-of-way of the Metro Government other than duly designated bridle paths, unless the owner or person in charge of such animals: Section 5: LMCO Section 91.790 is hereby amended to read as follows: 91.070 IMPOUNDMENT AUTHORIZED; EUTHANASIA OF UNCLAIMED ANIMALS. (A) Unrestrained animals, excluding community cats, shall be taken by the Animal Control Officer, peace officer, or may be turned in by any citizen, impounded in the animal shelter and there confined in a humane manner. However, if after a reasonable effort the seizure of any such unrestrained animal cannot be made or should the animal present a hazard to public safety or property or have an injury or physical condition which causes the animal to suffer, the Animal Control Officer or peace officer may immediately destroy the animal by the most reasonable and humane means then available. 3
(B) Impounded dogs, owned cats, or ferrets shall be kept for not less than Eve days (or any state-mandated holding period), unless reclaimed by their owners. All other domestic pets animals or owned wildlife shall be held for not less than three days unless reclaimed by their owner. If the owner can be identified by means of a license tag or otherwise, the impounding agency shall immediately notify the owner by the most expedient means available of the impoundment of the animal. Animals not reclaimed by their owners within the established time periods and those not placed in suitable new homes after such time, may be humanely euthanized by MAS. However, if an impounded animal has an injury or physical condition which causes the animal to suffer, MAS may immediately humanely euthanize the animal, Section 6: LMCO Section 91.092 is hereby amended to read as follows: 91.092 ABANDONMENT. (A) No person shall abandon any animal. Abandonment consists of leaving an animal for a period in excess of 24 hours, without the animal's owner or the owners' designated caretaker providing all provisions of necessity as defined in this chapter and checking on the animal's condition. No owner person shall leave an animal by a roadside or other area, or leave such animal on either public or private property, without the property owner's consent. In the event that an animal is found so abandoned, such animal may be taken by an Animal Control Officer or peace officer and impounded in MAS facilities and there confined in a humane manner. Such animal, if taken from private property, shall be kept for not less than the prescribed period in accordance with the procedures set forth in the 91.070 of this chapter, or for any longer period required by law, regulation, or medical necessity. In the event that an animal is so abandoned, the owner or the person, if any, whom he/she has charged with the animal's care, shall be subject to a citation or civil penalties for any violation of this section. (B) Any denaestie-animal found not under restraint without a license or vaccination tag, or any animal found in a condition which requires immediate veterinary care, shall be presumed to be abandoned, and shall be seized. (C) Notice of seizure of an animal from private property shall be posted on the premises from which the animal was seized which notice shall clearly state the address and telephone number of the MAS facility to which the animal was taken. Section 7: LMCO Section 91.095 is hereby amended to read as follows: 91.095 POISONS. No person shall place any poisonous substance which may be harmful to any domesticated animal, livestock, poultry or community cats, as described herein, in any location where it may be readily found and eaten by such animal. SECTION 8: Amendments to Chapter 91 shall take effect upon its passage and approval. 4
Kathleen J. Herroṉ Metro Council Clerk -7-1 Lr.;_eAra.ealA ent of the Cdincil Greg Fischer Mayor ta3c) (2_ Approval Date APPROVED AS TO FORM AND LEGALITY: Michael J. O'Connell Jefferson County Attorney LOUISVILLE METRO COUNCIL READ AND PASSED _.4, BY: 4C51/ C)60FP Amend LMCO 91 RE Trap, Neuter Permit Mgml.Feral Cat Pop. Ord. ROC SM Draft 3 Amendment by Subsitution 5