Revised Pet/Nuisance Ordinance
ORDINANCE NO. 0-5-2001
AN ORDINANCE OF THE CITY OF FORT THOMAS, KENTUCKY PROHIBITING THE CREATION OF ANIMAL-RELATED NUISANCES ASSOCIATED WITH ANIMAL OWNERSHIP, MAINTENANCE OR CONTROL; AND PROVIDING APPROPRIATE ENFORCEMENT AUTHORITY AND A PENALTY FOR VIOLATION THEREOF
BE IT ORDAINED BY THE CITY OF FORT THOMAS, CAMPBELL COUNTY, KENTUCKY:
A. Animal – Any vertebrate creature other than a human being.
B. Animal-related Nuisance – Circumstances in which animal ownership, maintenance or control creates, contributes to, or permits any of the following undesirable animal actions or conditions upon public or private property causing annoyance, discomfort or injury to the health and welfare of persons in the community:
(1) Molesting pedestrians or passing vehicles;
(2) Attacking or chasing people or other animals, with the exception of trespassers upon the private premises of the animal owner;
(3) Damaging public or private property, to include failure of the owner, keeper or walker of any animal to immediately remove any feces deposited by such animal upon any public or private property (other than the property of the owner, keeper or walker of the animal);
(4) Running at large while not being kept securely restrained by a leash or other device;
(5) Making noise in an excessive, continuous or untimely manner which is loud enough to be heard beyond the premises where the animal(s) is kept or harbored, so as to interfere with the reasonable use and enjoyment of any properties within the community;
(6) The existence of stench/offensive odor, or general unsanitary conditions in which the animal(s) is kept, so as to interfere with the reasonable use and enjoyment of any properties within the community or otherwise make their physical occupation uncomfortable.
C. Animal Owner – Any person who owns any animal; has a property right in any animal; or, has any animal in his/her custody, possession, maintenance, care or control. Animal Owner shall include any person who is temporarily boarding any animal or has any animal in his/her care, custody, control, maintenance or possession, and includes any person providing food, drink, space, or care to stray animals or animals otherwise running at large.
No animal owner shall permit any animal-related nuisance action or condition to exist at any time where it involves animals in his/her temporary or permanent care, custody, control, maintenance or possession, to include persons providing food, drink, space, or care to stray animals or animals otherwise running at large.
Animal Control or law enforcement officials shall have the specific authority to impound any animal(s) of an animal owner upon witnessing a violation of this ordinance and to issue uniform citations to any offender. Officials shall possess the power to enter private property in the performance of their duties only if consent of the owner or occupant of the property is freely given, a search warrant is obtained or such exigent circumstances exist that a warrantless, non-consensual search is required, as determined by law enforcement officials.
Any person found guilty of violating any provisions of this ordinance shall be guilty of a violation as defined by the Kentucky Revised Statutes and shall be fined in an amount not less than $50 and not more than $100. Each twenty-four (24) hour calendar day shall constitute a separate and distinct violation.
All ordinances, resolutions or parts thereof, in conflict with the provisions of this ordinance, are to the extent of such conflict, hereby repealed.
This ordinance shall be effective when read, passed, and advertised according to the law.
1st Reading: March 19, 2001