Daviess County, Kentucky

§ 90.01 DEFINITIONS.

For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

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KENNEL. Any premises where any person or entity engages in boarding, breeding, buying, letting for hire, training for fee, selling, providing temporary sanctuary, rescuing, or adopting dogs or cats, except a KENNEL shall not include boarding at a facility owned and operated by a licensed veterinarian.

§ 90.07 KENNELS; REQUIREMENTS AND REGULATIONS.

(A)   Upon application to the Director of the County Animal Shelter, the Director may issue a kennel license.

(B)   If an owner/operator of a kennel receives a kennel license, then this license shall be sufficient to cover all animals maintained by the kennel and the kennel shall not be required to obtain a license, registration, or permit for each individual animal.

(C)   The Director shall issue kennel licenses only after an Animal Control Officer inspects the proposed kennel site and finds that the facility meets the terms and provisions of this subchapter.

(D)   All dogs and cats over four months of age maintained or kept in a licensed kennel shall have a current rabies vaccination, pursuant to KRS 258.015, which shall govern the enforcement of this division (D).

(E)   Licensed kennels shall provide veterinary care for all animals within the kennel’s control to maintain good health and the general welfare of the animals.

(F)       (1)   Kennel owners shall renew their license annually by applying to the Director of the Animal Shelter and paying a $25 kennel license fee.

§ 90.08 STANDARDS FOR KENNELS, PET SHOPS, AND COMMERCIAL ANIMAL ESTABLISHMENTS.

(A)   Generally. All kennels, whether commercial or noncommercial, pet shops, and commercial animal establishments shall, in addition to the other requirements of this subchapter, comply with minimum standards of this section. Failure to comply may result in the denial or revocation of a license and the issuance of a citation subjecting the owner to the penalties in § 90.99. Facilities are subject to inspection by the Animal Control Officer or other law enforcement officer upon an officer’s request during business hours.

(B)   Housing. Any enclosure designed primarily for the use of keeping or maintaining animals. Owners and operators of enclosures shall:

(1)   Construct floors in a manner to protect the confined animals’ feet and legs from injury. If the floor is mesh or slatted, it shall not permit any animals’ feet or any portion to pass through any opening in the floor. If the floor of the primary enclosure is constructed of wire, a solid resting surface or surfaces shall be provided. This resting surface must be large enough to comfortably and simultaneously hold all the occupants of the primary enclosure;

(2)   Provide adequate protection against weather-related extremes. Floors of buildings, runs, and walks shall be of such material to permit proper cleaning and disinfecting and be maintained in good repair;

(3)   Protect the animals from injury;

(4)   Shelter animals securely and keep other animals from entering the enclosure;

(5)   Provide the building with adequate ventilation and temperature control;

(6)   Provide sufficient shade, in addition to shelter, for all the animals housed in the enclosure;

(7)   Regularly clean, sanitize, and replace when worn or soiled surfaces that animals come into routine contact with;

(8)   Provide all animals adequate space to stand up, lie down, and turn around in a natural position without touching the sides or top of the cage. Crates and pet taxis are not acceptable for full time containment of animals;

(9)   Ensure all runs provide adequate exercise area and protection from the weather; and

(10)   Ensure all animal enclosures, including cages and runs are clean, dry, and sanitary.

(C)   Lighting. All areas where animals are housed shall be lighted to permit routine inspection and cleaning of the facility, and observation of the animals. A regular diurnal lighting cycle of either natural and/or artificial light shall be provided, and lighting shall be uniformly diffused throughout the facility for the well-being of the animals.

(D)   Ventilation. All housing areas shall be sufficiently ventilated when animals are present to provide for their health and well-being and to minimize odors, drafts, ammonia levels, and moisture condensation. Ventilation shall be provided by windows, vents, fans, air conditioning, or other generally accepted systems for the particular species of animal. Auxiliary ventilation, such as fans, blowers, or air conditioning shall be provided when the ambient temperature is 85° F or higher.

(E)   Sanitation. Excreta and food waste shall be removed from primary enclosures daily or as often as necessary to prevent an accumulation of feces and food waste, to prevent soiling of the animals contained in the primary enclosures, and to reduce disease hazards, insects, pests, and odors.

(F)   Exercise. Kennel, pet shop, and commercial animal establishment owners and operators shall develop, document, and follow an appropriate plan to provide animals with an opportunity for ordinary and necessary exercise.

(G)   Feeding and watering. Except as otherwise prescribed by a veterinarian, all animals in a kennel, pet shop, or commercial animal establishment shall be fed daily, other than certain reptiles and amphibians. Reptiles and amphibians shall be fed in accordance with the customary feeding habits of the species. The food shall be free from contamination, wholesome, palatable, and of a sufficient quantity and nutritive value to meet the normal daily requirement for the condition and size of the animal. Food receptacles must be used and be readily accessible to all animals, be located so as to minimize contamination by excreta and pests, and be protected from rain and snow. Feeding pans must either be made of a durable material that can be easily cleaned and sanitized or be disposable. All animals shall have fresh water available at all times. Water vessels shall be mounted or secure in a manner that prevents tipping and be of the removal type. Water receptacles must be kept clean and sanitized.

(H)   Kennel licenses and fees. The fee for an annual kennel license shall be $25.

§ 90.09 IMPOUNDMENT.

(E)   An owner of an impounded animal so notified may reclaim the animal and shall pay to the County Animal Shelter the impoundment fee and any additional ordinary, necessary, and reasonable expenses incurred by the County Animal Shelter resulting from the impoundment including, but not limited to, veterinary expenses. Failure to pay the impoundment and other fees shall result in the animal being declared voluntarily surrendered.

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(4)   The Animal Shelter may waive or reduce the reclamation fee for an animal if the owner:

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(d)   Agrees to spay or neuter the animal before the Animal Shelter releases the animal.

(5)   For any third impoundment or subsequent impoundment, the Animal Shelter shall require the owner to pay the cost of inserting a chip and shall require the owner to spay or neuter the animal before releasing the animal to the owner.

§ 90.12 STERILIZATION.

(A)   No animal shall be released for adoption from the County Animal Shelter unless the new owner agrees to subject the animal to the spay-neuter program sponsored by the County Fiscal Court and the payment of any and all applicable fees required.

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(C)   Any 501(c)(3) organization or other similar organization may release an animal for adoption in the county only if the organization spays or neuters the animal before adoption and complies with the terms of this subchapter regarding kennel licenses.

§ 90.14 NOTICES AND WARNINGS; FEES AND VERBAL WARNINGS.

(F)   Sterilization notice.

(1)   An Animal Control Officer may issue a citation to any person who violates § 90.12.

(2)   An Animal Control Officer may issue a sterilization notice in lieu of a citation.

(3)   The sterilization notice shall provide the owner with the terms and a date for compliance with this subchapter.

(4)   The sterilization notice shall provide that by acceptance of the notice, the owner waives his or her rights to a hearing, appeal, or protest of the violation.

(5)   If any owner receiving a sterilization notice fails to comply with the terms of the notice, an Animal Control Officer may issue a uniform citation for the violation.