Power Of Animal Control
(A) The Director and all sworn officers of Animal Care and Control shall have the powers of a peace officer with the exception of arrest for the purposes of enforcing animal control laws or ordinances in Jessamine County if they otherwise qualify as a peace officer under the laws of the Commonwealth of Kentucky as established in KRS 258.195 and KRS 436.505
(B) All Officers of Animal Control shall comply with KRS 61.300.
(C) Whenever it is necessary for Animal Control Officers to make an inspection or investigation in order to enforce any provision of this chapter or any other applicable state statute, they are hereby empowered to enter property when 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.
(D) All canines of any age running at large, as defined in this chapter, and found within Jessamine County, may be picked up by Animal Control Officers and impounded in the animal shelter. In the event the canine is impounded the owner shall be charged a return to owner fee set by the Fiscal Court. Prior to the release of any animal from the animal shelter for a violation of the canine running at large the owner of the canine shall show proof that the canine has a Jessamine County Canine License. If the owner cannot provide proof of licensure they shall be responsible for the associated fees. All canines shall be injected with a microchip before release from the animal shelter. If Animal Care and Control can reasonably return the canine they may do so and issue a warning or citation to the owner.
(E) All animals of any age which have bitten a human being may be picked up by Animal Care and Control and impounded in the animal shelter for any applicable quarantine period. In the event an animal is impounded for a quarantine period, the owner shall be responsible for a return to owner fee. Prior to the release of any animal from the animal shelter the owner of the canine shall show proof that the canine has a Jessamine County Canine License. If the owner cannot provide proof of licensure they shall be responsible for the associated fees and the canine shall be injected with a microchip before release from the animal shelter.
(F) Any animal involved in an alleged violation of KRS 525.125, 525.130, 525.135 or any violation of § 90.08 of this chapter may be confiscated and held by any Animal Control or peace officer in a humane manner. Upon taking custody of an animal pursuant to KRS 525.125 or KRS 525.130. 525.135 or § 90.08 of this chapter. Animal Care and Control shall give notice of the seized animal by posting a notice at the location where the animal is taken into custody or by delivering notice to a person residing at the property. The animal shall remain in the custody of the Fiscal Court until the accused is given a hearing before a District Court Judge. Should that judge find probable cause for a charge under KRS 525.125, 525.130, 525.135 or § 90.08 of this chapter the court may order temporary or permanent forfeiture of the animal to Jessamine County Animal Care and Control.
- Upon a plea or finding of guilt, the animal may become the property of the Jessamine County Fiscal Court. The person convicted for violating KRS 525.125, 525.130, 525.135 or § 90.08 of this chapter shall pay all expenses related to the incidents of cruelty, including investigation, disposition, veterinary costs, and all costs of maintaining or disposing of the animal incurred from the date of confiscation up to and including the date of permanent forfeiture to the Jessamine County Fiscal Court.
- Upon a dismissal of the charge or a finding of innocence, the animal may be immediately returned to the owner. If the owner does not re-claim the dog within five days of the dismissal or acquittal, the animal shall become the property of the Jessamine County Fiscal Court and may be offered for adoption, sale or may be euthanized at the discretion of the Director of Animal Care and Control.
(G) Animal Control Officers are authorized to place, upon request of property owners, live-capture animal traps on public or private property for the purpose of trapping and removal of stray, at large, unwanted, or nuisance domestic canines. It shall be unlawful for any person other than an Animal Control Officer or his or her designee to remove a canine from the trap or to damage, destroy, move or otherwise tamper with the trap.
(Ord. passed 6-16-2015)