ORDINANCE NO. 2-87

AN ORDINANCE OF THE CITY OF BELLEFONTE, KENTUCKY CONCERNING ANIMAL CONTROL

BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF BELLEFONTE, KENTUCKY:


  1. No farm animals shall be maintained in the City. Farm animals, for purposes of this ordinance, shall include but not be limited to cows, horses, mules, donkeys, goats, sheep, hogs, chickens, turkeys, ducks, geese, pigeons and rabbits.

  2. Any animal kept as a pet or by any person within the City shall at all times be secured by leash or under the control of a responsible person and obedient to that person's command, or within the real property limits of its owner.

  3. Any animal kept as a pet within the City on its owner's property shall not leave the owner's property except under control of a responsible person or secured by leash as set out in Section 2 above.

  4. Any animal kept as a pet within the City shall be considered a public nuisance at any time that it may:
    1. molest passersby or passing vehicles including, but not limited to, individuals walking, running, or in any other way passing the owner's real estate on foot, on bicycle, or in or on a motor vehicle;
    2. attack or molest any one or anyone's pet within the City;
    3. damage private or public property;
    4. be at large not under supervision within the City;
    5. bark, whine, howl, or in any other manner make excessive and/or continuous noise at any untimely occasion.

  5. No owner of any animal kept as a pet within the City shall fail to exercise proper care and control over this animal to prevent it from becoming a public nuisance as set out in Section 4 above.

  6. Any person owning, keeping, harboring, or having custody of any dog over the age of six months within the City must obtain a license from the City upon proof of inoculation for rabies within the twelve month period before the license application .

  7. Unrestrained dogs and/or other animals within the City shall be taken by the police, animal control officers, or humane officers, and impounded in the County Animal Shelter or other suitable facility.
    1. Any animal not reclaimed within seven (7) days consistent with the provisions of the applicable Kentucky Revised Statutes shall be placed for adoption in a suitable home or humanely destroyed.

     

  8. In addition to the impoundment of any animal at large within the City, the police officer or animal control officer, or other humane officers, shall issue to the owners of any animal found at large or otherwise violating the provisions of this Ordinance, a Notice of Ordinance Violation and/or citation. The officer involved shall have the discretion as to the issuance of a Notice of Ordinance Violation or citation in light of the seriousness and/or nature of the violation involved.

  9. Any person violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and, upon conviction thereof in a court of competent jurisdiction, shall be fined not less than Ten Dollars ($10.00) nor more than Five Hundred Dollars ($500.00) for each violation committed, each day's continuance of a violation constituting a separate offense, or imprisoned for not more than thirty ( 30) days, or both so fined and imprisoned, within the discretion of the judge or jury. In addition to the foregoing, the City, any property owner or any resident citizen aggrieved may proceed in the Circuit Court in and for Greenup County, Commonwealth of Kentucky, by way of injunction, to enforce the discontinuance of such violation or any situation or condition which may have been brought about or exist by reason of such violation of this ordinance and may, in addition to such injunctive relief, be awarded both compensatory and punitive damages for such violation.

  10. All ordinances, parts of ordinances and amendments thereto in conflict herewith heretofore adopted by the Board of Commissioners of the City are hereby expressly repealed.

  11. This ordinance shall be in full force and effect from and after its passage, approval and publication, as required by law.

  12. Each section and each sentence of this ordinance is enacted separately and the invalidity or unconstitutionality of any one particular sentence and/or section shall not affect the validity and/or constitutionality of any other sentence and/or section.