ORDINANCE NO._____, SERIES 2020
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AN ORDINANCE AMENDING louisville metro CODE OF ORDINANCE 91.023(D) to clarify responsibilities of license and permit holders relating TO THE ANIMAL ABUSE OFFENDER REGISTRY.
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SPONSORED BY: COUNCIL MEMBER BRANDON COAN
WHEREAS, Louisville Metro Council amends the Animal Abuse Offender Registry to reduce the burden on entities selling and facilitating adoption of animals to the categories of animals currently reported under Louisville Metro Code of Ordinances (“LMCO”) Chapter § 91.076.
BE IT ORDAINED BY THE LEGISLATIVE COUNCIL OF METRO GOVERNMENT (THE COUNCIL), AS FOLLOWS:
SECTION I: LMCO § 91.023 is hereby amended as follows:
(D) Responsibilities of license and permit holders under this section.
(1) Persons or entities holding a permit or license in accordance with subsection (B) above are prohibited from the sale, exchange, or other transfer or of ownership of any animal subject to reporting under LMCO § 91.076 to an individual offender listed on the Animal Abuse Offender Registry or an individual who resides at an the same address where an individual listed as an offender on the Animal Abuse Offender Registry also resides.
(2) Prior to the sale, exchange, or other transfer of ownership of any animal subject to reporting under LMCO § 91.076, any person or entity holding a permit or license in accordance with subsection (B) above is required to examine the Animal Abuse Offender Registry to confirm that the potential owner of the animal is not listed, as well as confirm that the potential owner of the animal confirm that the potential owner of the animal is not listed on the Animal Abuse Offender Registry and does not reside at an address where an individual listed as an offender on the Animal Abuse Offender Registry also resides.
(3) Any person or entity who sells, exchanges, or transfers ownership of any animal in good-faith reliance on registrant information or lack of registrant information on the Animal Abuse Offender Registry shall not be subject to penalty under this section.
(4) This subsection shall not apply to the sale, exchange, or transfer of an assistance dog unless there is an enjoinment order and/or an abuse offense pertaining directly to an assistance dog.
(5) Nothing in this subsection shall prohibit any person or entity from refusing to sell, exchange, or transfer any animal to an offender listed on the Animal Abuse Offender Registry or an individual who resides at the same address as an offender on the Animal Abuse Offender Registry.
(6) Before the sale, exchange, or transfer of any animal, all persons and entities are encouraged to check the Animal Abuse Offender Registry.
SECTION II: This ordinance shall take effect upon its passage and approval.
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Sonya Harward David James
Metro Council Clerk President of the Council
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Greg Fischer Approval Date
Mayor
APPROVED AS TO FORM AND LEGALITY:
MICHAEL J. O’CONNELL
Jefferson County Attorney
By: _______________________________