Reply With QuoteAreas of Concern
Page No. Item
6 Class A kennel. Purposes include “field trial competition”, “hunting trial competition” but do not include ordinary hunting. Hunters maintaining bird dogs, retrievers or hounds sometimes maintain five or more for hunting purposes.
7 Class B kennel. Hunters maintaining dogs for the primary purpose of hunting may maintain five or more.
7 Class C Kennel. Primary purpose does not include hunting.
7 Cruelty. Trainers of dogs often use chain collars, pinch collars, electric shock collars and check cords in training and such would be prohibited under the definition.
8 Circus. The definition of circus may or may not be intended to include dogs in organized events, whether sponsored and/or sanctioned by one of four organizations in the definition or not but hunting dogs, retrievers, etc. may not be included in field trials, “big air” events, etc. unless they comply with the circus definition and/or the theatrical definition on page 15.
11 Nuisance. Words such as “irritates”, “perturbs”, etc. may act as an open invitation for people who are against hunting or the use of dogs in hunting to file complaints for little or no meritorious reason.
13 Restraint (1). The use of the word animals includes wild animals by definition of “animal”, page 5.
(1)(2) Restraint, in addition to meaning under restraint by means of a lead or leash, is also defined to mean under control of a responsible person who “is physically able to control the dog at all times that will avoid any unwanted contact with other animals or human beings.” Hunters hunting wildlife with hounds, bird dogs, etc. may have general control of their animals, but likely will not be able to control the “dog at all times” and there may be unwanted contact with other animals. For example, if hounds are chasing rabbits, the hunter does not want the hounds to also chase deer and if a dog should do that, that is an unwanted contact with another animal. Is the hunter to be criminally prosecuted? Similarly, if hounds are chasing coyotes and other animals, either wild or domesticated, are in the area, some of those animals may have unwanted contact with the hounds. There is no definition of contact and the hunter may be subject to criminal prosecution.
14 Stray. At times hunters using hounds for coon hunting, coyote hunting, rabbit hunting, etc. may temporarily lose control or possession of one or more of the hounds. Most hunters when this occurs and its time for them to leave the field will leave an object, such as a hunting coat, blanket, dog box, etc. where their truck was parked and come by the next day to try to locate and take possession of their dog. A hunting dog who is temporarily out of control of its hunter should not be defined as a stray.
15 Theatrical exhibition. The definition of theatrical exhibitions may or may not be intended to include hunting dogs either in the act of hunting or in field trials. Field trials are generally not sanctioned by the organizations identified in the definition of theatrical exhibition and while sometimes field trials are organized and/or sanctioned by national organizations, they can also be organized and/or sanctioned by local clubs or just a group of hunters who do not belong to a club who want to get together to run or hunt their dogs.
16 Section 91.002 Restraint Required. Animals, defined on page 5 include “wild” animals, are required to be under restraint at all times. The definition of restraint is such that hunters may not be legally able to hunt with their dogs in Louisville Metro which, as we all know, includes not only urban areas but also rural areas where hunting is an established part of culture. A dog retrieving waterfowl in lakes or rivers with its hunter on shore may not meet the restraint requirements.
26 Section 91.011 Sanitary Disposal of Animal Feces Required. This section would require hunters to have a “pooper scooper” with them while hunting with dogs.
32 Section 91.035(D) Stray Animals. Hunters hunting with bird dogs, hounds, etc. may be in technical violation every time they hunt with their dogs.
39 Section 91.051(B) Restraint by Leash or Chain and Collar Specifications. The use of chain, choke or pinch collars as a primary collar is prohibited. Often when training dogs, a regular nylon or leather collar is removed while using a choke or pinch collar, which would then be the primary collar, for training purposes. The regulation would prohibit such training methods.
41 Section 91.054(C) and (D) Animal Fighting, Exhibition Fighting Prohibited. These sections would prohibit dogs chasing or catching rabbits, coyotes, raccoons, squirrels which is authorized by law. This section would also make it illegal for a bird dog to retrieve a wounded or dead duck, dove, quail, etc. by an otherwise legal hunter.
42 Section 91.057(D) Offering Animals as Prize or Award. Often hunting organizations may raffle or give away hunting dogs in events not sanctioned by the Kentucky Department of Agriculture. The proposed ordinance would make this a crime. If a local Ducks Unlimited chapter were to offer a Labrador puppy as a door prize, who would be prosecuted?
44 Section 91.063(B) Animals in Motor Vehicles. Often hunters in rural areas will have their dogs ride short distances in the back of an open truck without being restrained. This would be a different situation than someone having a pit bull in the back of an open truck in downtown Louisville, but a crime nevertheless under the ordinance.
44 Section 91.065 Shooting pets. The section refers to pet birds, however, on page 12 for the definition of “pet” the reference is to domestic pets and on page 8, domestic pets are defined as dogs, puppies, cats, kittens, ferrets and kits. Hunters may use legally obtained quail, pheasants, pigeons, etc. for training purposes and will shoot the birds as part of the training process. The ordinance may prohibit such training procedures as worded.
48 Section 91.076 (F) Class C Kennels. Use of Electrical Collars for Training is Prohibited. Electrical shock collars are widely used in training and control of hunting dogs and can be bought at many stores within Louisville Metro, through catalogues or on the internet. The ordinance would seem to prohibit such training and control measures.
60 Section 91.0864(E)(F) Theatrical Exhibitions. Electrical Shock Collars would be prohibited and dogs running, catching or retrieving legal prey, such as rabbits, raccoons, coyotes, ducks, doves, quail, etc. would be prohibited.