ORDINANCE NO. _________, SERIES 2017
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AN ORDINACE AMENDING THE PENALTY SECTION OF CHAPTER 91 OF THE LOUISVILLE/JEFFERSON COUNTY METRO GOVERNMENT CODE OF ORDINANCES RELATING TO ANIMALS (AS AMENDED).
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SPONSORED BY: COUNCILMAN BRANDON COAN
WHEREAS, Louisville/Jefferson County Metro Government Code of Ordinances ("LMCO") Chapter 91 currently governs the ownership, care, and treatment of animals as provided pursuant to KRS ?? 258.195 and 258.265; and
WHEREAS, LMCO Chapter 91.999 sets the penalties for violations of LMCO Chapter 91; and
WHEREAS, KRS ? 258.265(1) requires an owner to maintain proper control of his or her dog to prevent it from violating local nuisance ordinances; and
WHEREAS, KRS ? 258.990(1) sets a penalty for failure to report an animal bite at a fine of not less than $10 nor more than $100; and
WHEREAS, KRS ? 258.990(3) sets the penalty for violating KRS ? 258.265(1) and additional offenses involving animal control and/or treatment at a fine of not less than $5 nor more than $100 or not less than 5 days nor more than 60 days jail or both; and
WHEREAS, KRS ?? 525.125, 525.130, and 525.135 assess criminal penalties for cruelty to animals and torture of animals; and
WHEREAS, KRS 83A.065 permits cities to establish penalties for violations of ordinances, however when setting a penalty for an ordinance which also constitutes a penalty of a state statute, said penalty can be no less than nor greater than the penalty proscribed in the state statute.
BE IT ORDAINED BY THE LEGISLATIVE COUNCIL OF THE LOUISVILLE/JEFFERSON COUNTY METRO GOVERNMENT AS FOLLOWS:
SECTION I: LMCO Chapter 91.999 shall be amended to read:
(A) Criminal penalty.
(1) Any person cited for a criminal offense under LMCO ? 91.075 violating any of the following provisions: ?? 91.007, 91.072, 91.090 through 91.095, 91.097 through 91.099, 91.150 or 91.152 , or committing a second or subsequent violation of any other provision of this chapte...
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