ORDINANCE NO. 1-89

AN ORDINANCE OF THE CITY OF BELLEFONTE, KENTUCKY
CONCERNING DANGEROUS DOGS

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


SECTION I: DEFINITIONS

As used in this Ordinance, the following terms shall mean:

  1. DANGEROUS DOG:
    1. Any dog with a known propensity, tendency or disposition by prior acts to attack unprovoked, to cause injury to or otherwise endanger the safety of human beings or domestic animals; or
    2. 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
    3. Any dog owned or harbored primarily or in part for the purpose of dog fighting or any dog trained for dog fighting; or
    4. Any dog which has previously attacked or bitten a human being other than under the type of circumstances that would be justifiable under Clause l(k) of this Section.
    5. Any dog which has behaved in such a manner that the owner 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 under Clause 1(g) of this Section.
    6. Any dog which has been trained as an attack or guard dog.
    7. EXCEPTIONS: An animal shall not be deemed dangerous solely because: (1) it bites, attacks or menaces (a) anyone assaulting its owner, or (b) any 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 of any other animal.


  2. ANIMAL CONTROL OFFICER: The official designated by the Board of City Commissioners to be the primary enforcement officer for the City of the sections of this Ordinance and the state laws regulating animals and owners of animals, but shall also include for purposes other than those contained in Section V.2, public law enforcement officers and County animal control officers.

  3. IMPOUNDED: Taken into custody of the County Animal Shelter.

  4. OWNER: Any person, partnership, company or corporation owning, keeping or harboring dog(s).



SECTION II: PROHIBITION OF DANGEROUS DOGS
  1. It shall be unlawful for any owner or keeper (i.e. any person to whom any dangerous dog is entrusted) to allow any dangerous dog to be harbored within the City.

  2. The Animal Control Officer is hereby empowered to make whatever inquiry is deemed necessary to ensure compliance with the provisions of this Ordinance, and any such Animal Control Officer is hereby empowered to seize and impound any dangerous dog whose owner fails to comply with the provisions hereof, subject to the right of such owner to contest the seizure or impoundment, as provided in this Ordinance, in the District Court in and for Greenup County.

  3. In the event that the owner of the dog refuses to surrender the dog to the Animal Control Officer, the Animal Control Officer may request a police officer to obtain a search warrant from a judge of the District Court in and for Greenup County and to seize the dog upon the execution of the warrant.
SECTION III. ENFORCED OF DANGEROUS DOG PROHIBITION
SECTION IV: CUSTODIAL LIABILITY

SECTION V: DESTRUCTION OF IMPOUNDED DOGS

SECTION VI: VIOLATIONS AND PENALTIES

SECTION VII: REPEAL OF CONFLICTING ORDINANCES

SECTION VIII: SEVERABILITY

SECTION IX: EFFECTIVE DATE

Richard A. Macomb
Mayor, City of Bellefonte

ATTEST:
Jean Frazier
City Clerk

First Reading by the Board of Commissioners 1-23-89
Second Reading by the Board of Commissioners 2-27-89
Published 3-9-89