DRAFT FOR REVIEW ONLY ANDERSON COUNTY FISCAL COURT ORDINANCE NO. 2003- AN ORDINANCE ADOPTING A REVISED DOG ORDINANCE FOR THE COUNTY OF ANDERSON WHEREAS, an ever-increasing number of reports have been received regarding dogs running at large, attacks on both persons and domestic animals, and a fear exists for the safety of the public at large including elderly, small children and family pets, and; WHEREAS, it has become apparent that the Anderson County Fiscal Court needs to address citizen concem with heightened security and safety measures, and; WHEREAS, Anderson County intends to maintain a safe community and desires to reduce the risk associated with dogs running at large, and; WHEREAS, it is the objective of the Anderson County Fiscal Court to strengthen current laws addressing the proper care and handling of animals, proper care and handling of potentially vicious and vicious dogs and institute stricter penalties for pet ‘owners who fail to correctly and responsibly maintain pets in Anderson County, Kentucky, and; NOW THEREFORE, BE IT RESOLVED that the Anderson County Fiscal Court adopts the following regulations regarding the treatment of dogs and dangerous dogs within the boundaries of Anderson County, Kentucky: 1. DEFINITIONS. For the purpose of this Ordinance, the following definitions shalll apply unless the context clearly indicates or requires a different meaning. DOG. Domesticated canine four months of age or older. ENFORCEMENT AGENT. Any person designated by the County to enforce the provisions of this subchapter, including but not limited to animal control officers and any law enforcement officers. HARBOR. Dog shall be deemed to be harbored if it is fed or sheltered for three (3) consecutive days or more OWN. To own, have a property right in, keep, care for, or harbor a dog, or permit a dog to remain on or about premises owned or occupied by him or her, whether or not the person has an actual ownership interest in the dog,OWNER. Any person, who owns, has a property right in, keeps, cares for, or harbors a dog, or permits such dog to remain on or about premises owned or occupied by him or her, whether or not the person has an actual ownership interest in the dog. If a dog is owned by a family, all adult members of the family, individually and jointly, shall be deemed owners for the purposes of this subchapter. PERSON. Any individual, firm, corporation, limited liability company, association, or partnership. POTENTIALLY VICIOUS DOG. The following are considered potentially vicious dogs under this Ordinance: (1) A dog that has caused an injury to a person or domestic animal that is less severe than a serious injury as defined in this Ordinance; (2) Without provocation, chasing or menacing a person or domestic animal in an aggressive manner; (8) Running at large and impounded or whose owners have been cited by the Animal Control Officer two (2) or more times within any twelve (12) month period and the Animal Control Officer deems the dog to be potentially vicious; or (4) Acts in highly aggressive manner within a fenced yard or enclosure and appears to a reasonable person able to escape from the yard or enclosure. PUBLIC NUISANCE. Any dog that (1) chases passersby or passing vehicles; (2) attacks other animals; (3) is at large two or more times within a year’s time; (4) damages private or public property; (5) barks, howls, cries, or makes other loud noises, or runs at large, so as to disrupt the peace of the neighborhood; or (6) is kept, housed, or harbored in such a manner so as to present unsanitary conditions, or causes offensive, obnoxious, or foul odors which impair the reasonable use and enjoyment of surrounding properties. REGISTRATION TAG. A tag issued by the County upon registration of potentially vicious and vicious dogs. RESTRAINT OF DOGS - “At Large”. Except for owners of a potentially vicious deg or a vicious dog, no person shall permit a dog to run at large and it shall be the responsibility of the Owner of a dog to keep same confined to the owner's property and to be restrained by leash when not confined to the owner's property, with the exception of hunting dogs while actively engaged in the activity of hunting or training. Owners of a potentially vicious or vicious dog shall restrain their dog as contained herein Restraint shall mean on the premises of the owner where the owner resides or on premises which the animals presence has been explicitly allowed, or, if off the ‘owner's premises 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. physically able to control the dog.LICENSE. The license or tag required by KRS Chapter 258 and Anderson County Ordinance No. 2004-08, SERIOUS INJURY. Any physical injury that results in broken bones or lacerations that require sutures. VACCINATION. An anti-rabies vaccination using a type of vaccine approved and administered by a veterinarian or other qualified person. Qualified person is a person who has been granted a permit by the State Secretary of Health and Family Services to vaccinate their own dog against rabies. A dog may be vaccinated by the ower whereas proof can be a current vaccination tag or receipt of purchase of the vaccine but may be treated as an unvaccinated dog. VETERINARIAN. Any veterinarian licensed by the state to practice veterinary medicine or employed by a governmental agency. VICIOUS DOG. The following are considered vicious dogs under this Ordinance: any dog that has caused death or serious injury to a person engaged in a lawful activity, or has attacked or bitten without provocation a person engaged in a lawful activity; or which has killed or seriously injured a domestic animal; or which has been declared to be vicious by an animal control officer or enforcement agent, taking into consideration the nature and severity of the incident and whether the dog has displayed dangerously aggressive behavior and is likely to inflict injury on another person or animal Il. AGREEMENTS; ENFORCEMENT. (A) AGREEMENTS. The County is authorized to enter into any necessary and proper agreements for the purpose of carrying out the provisions of this Ordinance. Any such agreement shalll be recorded in writing with the County Clerk and available for inspection by the public. (B) ENFORCEMENT. It shall be the duty of animal control officers and law enforcement agents to enforce this Ordinance. Upon the receipt of a complaint from any person that an animal is present within the County in violation of this subchapter, an animal control officer or law enforcement agent shall forthwith investigate the complaint and shail require the person in possession of such animal to comply with the provisions of this Ordinance or to safely remove such animal from the County. Upon failure of the person in possession of the animal to comply with such order, an animal control officer or enforcement agent shall forthwith cause the animal to be seized and impounded. If, in the opinion of the animal control officer, such animal constitutes a serious threat of harm to humans, property or other animals, it may be rendered immobile by means of tranquilizers or other drugs, or if that is not safely possible, then such animal may be destroyed.