HomeMy WebLinkAbout98-10-595570
ORDINANCE NO. 98-10-6-7'7S-S-
AN
8-10-S9S S-
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 Section 14-9, Penalty, of Article 1, of Chapter 14, Animals, of
the Code of Ordinances of the City of Paducah, Kentucky, is hereby amended to read as follows:
"SECTION 14-9. PENALTY
Whoever violates any provision of this ehapteF article for which another penalty is
not already otherwise provided shall be guilty of a misdemeanor and shall, upon conviction, be
subject to a fine of not more than $500.00, or imprisonment for not more than 30 days, or both,
for each offense."
SECTION 2. That Section 14-31. Definitions, of Article II, 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.
Control Officer.
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
Dog. This term shall be intended to mean both male and female.
Dangerous dog shall include the following:
(a) AM 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) Anv dog with a known propensity. tendencv or disposition to attack unprovoked. to
cause injury to or otherwise endanger the safety of human beings or domestic animals, or
\ J (d) AU 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 figh ' or any
dog trained for dog fi lig; or
111; -- .- . -
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(fl Anydog which has previously attacked or bitten a human being other thanunder the
type of circumstances that would be justifiable hereunder.
() 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 ordinance 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 gny 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) M person or other animal who has tormented or
abused it or 2) it is otherwise acting in 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 o, f any other animal.
Enclosure: An uncovered fence or structure of at least seven (7) feet in height or a
covered fence or structure of sufficient height to allow the dog to stand erect without touching the top or
cover, forming_or causing an enclosure suitable to prevent the entry ofyoung 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 top and bottom and shall be designed to prevent the dog from escaping from the
enclosure.
Owner: Any person or persons, firm, association or corporation owning, keeping, or
harboring a dog.
Keeper: Keeper shall mean any_person to whom a dangerous dog is entrusted.
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 three hundred (300) pounds and not exceeding three (3) feet in
length.
SECTION 3. That Section 14-32, License and registration required; fees, of
Article II, 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. LICENSE AND REGISTRATION REQUIRED; FEES.
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All dogs kept, harbored or maintained by their owners in the city shall be licensed
and registered if over six months of age. Dog licenses shall be issued by the Finance Director
upon payment of a license tax fee of $44)9 3.00 per dog. The owner shall state, at the time the
application is made for such licensO, and upon printed forms provided for such purpose, his name
and address and the name, breed, color and sex of each dog owned or kept by him. The provisions
of this section shall not be intended to apply to dogs whose owners are nonresidents temporarily
within the city (90 days or less) nor to dogs brought into the city for the purpose of participating
in any dog show, nor to Seeing Eye dogs properly trained to assist blind persons when such dogs
are actually being used by blind persons for the purpose of aiding them in going from place to
place."
SECTION 4. That Section 14-35, Inoculation and issuance of license, of Article
II, of Chapter 14, Animals, of the Code of Ordinances of the City of Paducah, Kentucky, is hereby
amended to read as follows:
" Sec. 14-35. INOCULATION AND ISSUANCE OF LICENSE.
) City retainedveterinarians. The City Manager is hereby .,,4 erizea
�.� �_-J retained _�.GI 111[SI IQI�_S, � 11G Ca[C; 2f2SI�Gt 1l 11G1GW a11L11V11LaV4 L
ntain a sttffieie� number- ef veterinarians te ineeWae dogs and te issue the fiesenses 7
eaeh veterinarian shall feeeive for- Ws s;—enAe-e-,; the sufn of $4.00 fer- eaeh deg ineculated by lim.
veterinarian to ineeulate stieh dog and deliver to the owner- the lieense tag issued by the
teget-her with a eeffifieate shevvi� that the deg has be 1 against rabies. Any fieeJ
shall Fetum to the veterinarian the sum of $1.00 fer- eadh unused tag. (Cede 1968, § 4 22)
(b) DW ate veterinarians.Anyevffier- r Leerier ef'a de .- de w he ef'e �..
have the ineeulatien dene by a veterinarian net retained by the eity mW, by ffirp�shiag the Finance
Direc4er- Yvith a eer"eate of a lieensed veterinarian that seeh deg er- dogs have b - - i . ed
fieense-ther-
Any owner or keeper of a dog or dogs must have such dog or dogs inoculated by a
veterinarian. The veterinarian shall provide the owner or keeper with a certificate showing that
the dog has been immunized against rabies. The owner or keeper shall present such certificate to
the Finance Director or his representative and, by pa bg a fee of $3.00 for each dog that has been
inoculated obtain a license therefor.
SECTION 5. That Section 14-38, Redemption of impounded dogs; fees;
disposition of unclaimed dogs, of Article II, 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 EMPOUNDED DOGS; FEES; DISPOSITION
OF UNCLAIMED DOGS.
(a) Any dog may be redeemed and released to its owner or keeper within
seven days after being taken up and impounded, upon payment of the following fees: A
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redemption fee of $15.00 shall be paid for the first time a dog is redeemed, but for each
subsequent redemption of anindMdual a dog the redemption fee shall be $25.00. The sum of
$3:-99 4.00 shall be due and payable for each day or part of a day a dog is kept in the pound, and
a "day” shall mean a calendar day beginning one second after midnight. Tf a" deg se released has
net been , a, the sum f $4.50 shall be ,.h e fer- ^K KYl„ l +Vl+ and a+rVVo ++v Va. The owner or
keeper of any dog to be released must provide proof of rabies vaccination or voucher and city dog
license.
(b) Any dog not claimed, and whose release has not been procured within
seven days after its seizure, shall be subject to be disposed of in such a manner as may be
determined by the City Manager.
SECTION 6. That Section 14-40 Precautions to taken by owner of dangerous
dogs of Article II of Chapter 14 Animals of the Code of Ordinances of the City of Paducah,
Kentucky, is hereby created to read as follows:
Sec. 14-40. PRECAUTIONS TO BE TAKEN BY OWNERS OF DANGEROUS
DOGS.
(a) All dangerous dogs shall be confined in an enclosure. It shall be unlawful for
any owner or keeper to maintain a dangerous dog upon any premises which does not have a
locked enclosure.
() It shall be unlawful for any owner or keeper to allow any dangerous dog to be
outside of the dwelling of the owner or keeper or outside of the enclosure unless the owner or
keeper has the dangerous do ug nder proper restraint and under the direct control and supervision
of the owner or keeper of the dangerous dog.
(c) The owner or keeper of a dangerous dog shall display a sign on his or her
premises warning that there is a dangerous do on n the premises. Said sign shall be visible and
capable of being read from the public street.
(d) The owner or keeper shall immediately notify the dog warden if a dangerous
dog is on the loose is unconfined has attacked another animal or has attacked a human being, or
has died.
(e) The dog warden is hereby empowered to make whatever inquiry is deemed
necessary to ensure compliance with the provisions of this Ordinance and any such dog warden is
hereby empowered to seize and impound any dangerous dog whose owner or keeper fails to
comply with the provisions hereof subject to the right of such owner or keeper to contest the
seizure or impoundment as provided in this Ordinance, in McCracken District Court.
(fD In the event that the owner or keeper of the dog refuses to surrender the dog
to the dog warden the dog warden may obtain a search warrant from a judge of the McCracken
District Court to seize the dog upon the execution of the warrant.
(g) No person shall walk or exercise a dangerous dog within 1,000 feet of a
school, day care, day nursery, playground, hospital or fairground.
(h) No more than two (2) dangerous dogs may be kept at a singular site or
residence. This section shall not apply to duly licensed kennels.
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(i) No dangerous dog may be kept on a chain tied to a fixed point outside an
enclosure.
SECTION 7. That Section 14-41, Enforcement of restriction on dangerous dogs,
of Article II of Chapter 14 Animals, of the Code of Ordinances of the City of Paducah,
Kentucky, is hereby created to read as follows:
Sec. 14-41. ENFORCEMENT OF RESTRICTION ON DANGEROUS DOGS.
T In the event that a public law enforcement officer or the dog warden has probable
cause to believe that a dangerous dog is being harbored in the City of Paducah in violation of this
Ordinance, he or she may:
(a) Order the violation immediately corrected and cite the owner or keeper to
appear in court for the violation, or
(b) If the violation cannot be immediately corrected and the dog is posing an
imminent serious threat to human beings or other domestic animals, the dog may be seized and
impounded in which case the owner or keeper will be cited to appear in court for the violation.
At the owner's or keeper's request and expense such impoundment may be at a veterinarian or
licensed kennel of the owner's or keeper's choosing. If the court rules that the do is s not
dangerous as defined it will be released to the owner or keeper upon payment to the dog warden
of the expense of keeping such dog pursuant to a schedule of such costs maintained by the dog
warden. If the court rules that it is dangerous as defined, the dog will be released to the owner or
keeper only after payment of any fees and penalties and upon presentation of proof by the owner
or keeper that the dog will now be kept restrained or confined as specified in this ordinance. If,
within seven (7) days following such order regarding a dangerous dog the owner or keeper of a
dangerous dog fails to either provide proof that the dog will now be kept restrained or confined in
compliance with the provisions of this Ordinance or fails to reclaim it after impoundment and pay
the fees and penalties, the dog may be humanely euthanized.
SECTION 8. That Section 14-42, Custodial liability, of Article H, of Chapter 14,
Animals, of the Code of Ordinances of the City of Paducah, Kentucky, is hereby created to read
as follows:
Sec. 14-42. CUSTODIAL LIABILITY.
In the event that the owner of the dangerous dog is a minor, the custodian, parent
or guardian legally responsible for such minor shall be liable for all injuries and property damage
sustained by @ny person or domestic dog caused by an unprovoked attack by said dangerous dog_
SECTION 9. That Section 14-43, Destruction of impounded dogs, of Article II,
of Chapter 14, Animals, of the Code of Ordinances of the City of Paducah, Kentucky, is hereby
created to read as follows:
Sec. 14-43. DESTRUCTION OF IMPOUNDED DOGS.
(a) No dog shall be destroyed unless necessary to prevent or stop an attack upon a
person or another animal, for humane reasons related to sickness or injury of the dog or as
otherwise provided herein or by law.
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(b) An impounded dog shall not be destroyed pending, an owner's or keeper's
appeal of a district court order of destruction if the appeal shall have been filed within seven (7)
days following the date of such order The dog warden shall have the burden of proving that the
dog should be destroedpursuant to this Ordinance.
(c) A dog whose owner is unavailable or incapable of quarantining the dog, may
be taken by the dogwardenand quarantined at the animal shelter for the prescribed period.
SECTION 10. That Section 14-44 Penalties, of Article II, of Chapter 14,
Animals of the Code of Ordinances of the City of Paducah Kentucky, is hereby created to read
hundred fifty dollar ($250.00) fine nor more than a five hundred dollars ($500.00) fine. For each
subsequent violation the owner or keeper of said dog shall pay a fine of not less than two hundred
fifty dollars ($250.00), nor more than five hundred dollars ($500.00).
(b) If anv dog shall, when unprovoked attack assault would or otherwise injure
a human being the owner or keeper shall be deemed guilty of a Class A misdemeanor and shall,
upon conviction be punished by a fine of not less than two hundred fifty dollars ($250.00) nor
more than five hundred dollars ($500.00),or imprisoned for a period not to exceed six (6)
months, or both.
(c) If any dog shall when unprovoked attack assault, wound or otherwise cause
serious physical iLijury to or kill a human being, the owner or keeper shall be deemed guiltyof a
Class A misdemeanor and may_upon conviction be punished by a fine of five hundred dollars
($500.00) and imprisoned for a period of not less than six (6) months nor to exceed twelve (12)
months.
(d) AU violating anyprovision of this article shall be deemed guilty of a
Class A Misdemeanor and shall upon conviction be punished by a fine not to exceed five
hundred dollars ($500.00), or be imprisoned for a period not to exceed twelve (12) months, or be
both so fined and imprisoned Each day a violation continues shall constitute a separate offense.
SECTION 11. This ordinance shall be read on two separate days and will become
effective upon publication pursuant to KRS Chapter 424.
ATTEST:
Lenity Smith, Ci Clerk
CAlayor
Introduced by the Board of Commissioners September 22, 1998
Adopted by the Board of Commissioners October 13, 1998
Recorded by Lenita Smith, City Clerk October 13, 1998
Published by The Paducah Sun, a0 4
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