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HomeMy WebLinkAbout2004-8-6854ORDINANCE NO. 2004-8-6854 AN ORDINANCE AMENDING CHAPTER 14, ANIMALS, OF THE CODE OF ORDINANCES OF THE CITY OF PADUCAH, KENTUCKY BE IT ORDAINED BY THE CITY OF PADUCAH, KENTUCKY: SECTION 1. That Sec. 14-31, "Definitions," of Chapter 14, Animals, of the Code of Ordinances of the City of Paducah, Kentucky, is hereby amended to read as follows: "Sec. 14-31. Definitions. For the purpose of this article, the following definitions shall apply unless the context clearly indicates or requires a different meaning. At Large: Not restrained by leash, cord, chain or otherwise confined in an enclosure. Dog Warden: This term shall be interchangeable with Animal Warden, and Animal Control Officer, City Dog Warden or any other Law Enforcement Officer. Dog: This term shall be intended to mean both male and female. Dangerous dog shall include the following: (a) Any dog which constitutes a physical threat to human beings or other domestic animals by virtue of a known propensity to endanger life by an unprovoked assault or bite so as to cause serious bodily harm; or (b) Any dog which when unprovoked, in a vicious or terrorizing manner approaches any person in an attitude of attack upon the streets, sidewalks, or any public grounds or places; or (c) Any dog with a known propensity, tendency or disposition to attack unprovoked, to cause injury to or otherwise endanger the safety of human beings or domestic animals; or (d) Any dog which bites (to the extent of puncturing or severely bruising skin), inflicts injury, assaults or otherwise attacks a human being or domestic animal without provocation on public or private property; or (e) Any dog owned or harbored primarily or in part for the purpose of dog fighting or any dog trained for dog fighting; or (f) Any dog which has previously attacked or bitten a human being other than under the type of circumstances that would be justifiable hereunder. (g) Any dog which has behaved in such a manner that the owner or keeper thereof knows or should reasonably know that the dog is possessed of tendencies to attack or to bite human beings other than the type which would be justified hereunder. (h) Any dog certified by a doctor of veterinary medicine, after observation thereof, as posing a danger to human life or property if not kept in the manner required by this article upon the basis of reasonable medical probability. (i) Any dog which has been trained as an attack or guard dog, except such dogs which are employed by any police department within the Commonwealth of Kentucky. (j) An animal shall not be deemed dangerous solely because: 1) it bites, attacks or menaces (a) anyone assaulting its owner or keeper, or (b) any person or other animal who has tormented or abused it, or 2) it is otherwise acting in the defense of any attack from a person or other animal upon its owner or any other person or 3) it is protecting or defending its young or the young of any other animal. Enclosure: An uncovered fence or structure of at least seven feet in height or a covered fence or structure of sufficient height to allow the dog to stand 214 215 erect without touching the top or cover, forming or causing an enclosure suitable to prevent the entry of young children, and suitable to confine a dangerous dog in conjunction with other measures which may be taken by the owner or keeper, such as tethering of the dangerous dog. Such enclosure shall be securely enclosed and locked and designed with secure sides, to p and bottom and shall be designed to prevent the dog from escaping from the enclosure. Keeper: Keeper shall mean any person to whom a dangerous dog is entrusted. Owner: Any person or persons, firm, association or corporation owning, keeping or harboring a dog. Restraint: A dangerous dog shall be deemed to be under restraint if on the premises of the owner or keeper and confined in a secure enclosure as previously defined or under the control of the owner or keeper and securely muzzled and restrained with a chain or a braided leather, nylon or manilla lead or leash having a minimum tensile strength of 300 pounds and not exceeding three feet in length." SECTION 2. That Sec. 14-32, "Dogs Permitted at Special Community Events; Restrictions," of Chapter 14, Animals, of the Code of Ordinances of the City of Paducah, Kentucky, is hereby amended to read as follows: "Sec. 14-32. Dogs Permitted at Special Community Events; Restrictions. (a) No person shall bring a dog into an area designated for special community events during the times such events are occurring unless the dog is: (1) Licensed by the State of>•re„t„eh-• McCracken Countv Animal Control or by any other State or County. (2) Restrained by a leash or other lead that is no longer than three (3) feet; and (3) Restrained by an open-ended muzzle. (b) Special community events include, but are not limited to, the Paducah Summer Festival, Barbecue on the River, Parades, Saturday Night After Dinner Program, and other similar events." SECTION 3. That Sec. 14-38, "Redemption of Impounded Animals; Fees; Disposition of Unclaimed Animals," of Chapter 14, Animals, of the Code of Ordinances of the City of Paducah, Kentucky, is hereby amended to read as follows: "Sec. 14-38. Redemption of Impounded Animals; Fees; Disposition of Unclaimed Animals. (W� Any ) a el y bredeemedredeemed and releasedreleaseto ;towner keep Any Willredeemed within seven ,lays after being take„ , n ; ,�.ie l pa5gMent f ..�.,�«�..,,,....11 wWJJ Wirvl vv � , the f lle,, ing fees; n ,.e,le,,. pt;e,, fee e f $15.00 shalt be paid f the first timea .leg ; re.lee,.,.,e.l l,,,t f eee1, subsequent ,-e.lempt' f .l the �1111V W uvr., lv aVUVV111VW, VW4 1V1 V{LVll J r-e,lerapt;e,,, fee shat be $25 nn The s of $4.00 shell be .1„e an payable _-�-_--j.. .-.,-- -� � v�a....aa .. V .y�.i . v... iii fer eaeh day er part of a day an animal is kept in the and shall. i mean a ea;lendar day beg vi=E-3eeend afttcrraidnig . The ewneref keeper- e f e,.,y e � to be eleese.l = ,.,t pre,.i a pree f e f r- b,;es , ,..et;e... ----r _ __� a .. ,e1,er an state deg 1;eense vi � , (b)A y a e1 ,.et el.,;.....e,7 and ,:.b,ese release has net been 1 �v� 1 ul,' Wiulil , ” __ .after its seTz shall be *eet to be d e.7 e f in eL, as .„ be determined by thenCity Manager-. e WV W 111WL111V1 WJ may . Redemption fees and disposition of impounded and unclaimed animals within the City of Paducah shall be as set forth in McCracken County Animal Control Ordinance 2004-12 and/or anv amendments made to Ordinance 2004-12. SECTION 4. That if any section, paragraph or provision of this Ordinance shall be found to be inoperative, ineffective or invalid for any cause, the deficiency or invalidity of such section, paragraph or provision shall not affect any other section, paragraph or provision hereof, it being the purpose and intent of this Ordinance to make each and every section, paragraph, an provision hereof separable from all other sections, paragraphs and provisions. SECTION 5. This ordinance shall be read on two separate days and will become effective upon summary publication pursuant to KRS Chapter 424. AT TEST: &Lck Tammara S. Brock, City Clerk Introduced by the Board of Commissioners, July 27, 2004 Adopted by the Board of Commissioners, August 10, 2004 Recorded by Tammara S. Brock, City Clerk, August 10, 2004 Published by The Paducah Sun, August 16, 2004 \ord\police\14-31, 14-32 & 14-38 216