Albany City Council has approved first reading of an ordinance pertaining to animal control problems within the city, an issue that has been discussed by the council over the past few months.

The ordinance is styled “An Ordinance relating to the duties of animal owners and providing for the control of animals running at large.”

Apparently city officials have received complaints about dogs and other animals running wild in certain areas of the city, causing problems for citizens and in some cases even some damage to property.

The city uses KRS 258 and KRS 83A.060 to establish the ordinance with “rights, regulations, authority and penalties set forth.”

The council unanimously approved first reading of the proposed ordinance at its regular meeting on Tuesday, April 6.

The ordinance reads for the most part, under the terms of definitions:

* Abandon: To forsake entirely, or to neglect or refuse to provide or perform the legal obligations for care and support of an animal by its owner, or his agent. Such abandonment shall constitute the relinquishment of all rights and claims by the owner to such animal.

* At Large: Off the premises of the owner, and not under the control of the owner or his agent either by leash, cord, chain or otherwise.

* Owner: Every person having a right of property to an animal and every person who keeps or harbors an animal, has it in his care, or permits it to remain on or about the premises owned or occupied by him.

Section 2. Animals Running At Large:

(A) No person who is the owner of any animal, including chickens and other domestic fowl, shall permit them to run at large in any public highway, street, lane, or alley, or upon or enclosure without the consent of the owner of the yard, lot or enclosure.

(B) The owner of the animal, who permits it to run at large, is in violation of this section and is liable for all damages caused by such animal upon the premises of another.

3. Abandoning Domestic Animals Prohibited. No owner of a domestic animal shall abandon the animal.

4. Impounding. Responsibility for the impoundment and sheltering of animals within the City shall belong to Tri-County Animal Shelter.

5. License Tag To Be Attached to Dog.

(A) A dog tag bearing the owner’s name and telephone number shall be affixed to a substantial collar, furnished by the owner, and shall be kept on the dog at all times.

(B) Any dog not bearing a tag would be prima facie evidence that the dog is abandoned and the burden of proof to the contrary would be on the owner of the dog.

(C) All dogs are to be tagged and immunized according to the laws of the Commonwealth of Kentucky.

6. Dogs Running At Large. Any dog which is found running the streets at large shall be picked up and impounded by the Tri-County Animal Shelter upon notification by the City Police to the county authority responsible for curtailing dogs running at large.

7. Noise Disturbance. No person shall keep or harbor any animal, including dogs, chickens, domestic fowl or other animals, within the City which, by frequent and habitual barking, howling, yelping or crowing, creates unreasonably loud and disturbing noises of such a character, intensity, and duration as to disturb the peace, quiet, and good order of one or more of the inhabitants of two or more separate residences. Any person who shall allow any animal to habitually remain, be lodged, or fed within any dwelling, yard, or enclosure which he occupies or owns shall be considered as harboring the animal.

8. Dogs In Season. No female dog shall be allowed to run at large during season, but shall be penned up or kept on leash.

9. Penalty. Any person who violates any provision of this chapter for which another penalty is not already otherwise provided shall be guilty of a violation and shall be fined not less than $100 and not more than $500 for each offense. Each day the violation exists shall constitute a separate offense.

10. Severability. The provisions of this Ordinance are hereby declared to be severable and, if any section, phrase or provision shall for any reason, be declared invalid, such declaration of invalidity shall not affect the validity of the remainder of this Ordinance.

The motion to approve first reading was made by Councilman Reed Sloan, seconded by Councilman Gene Ferrill and passed without opposition.

Second reading and adoption of the ordinance is expected to take place at the city council’s next regular meeting in May and will become effective upon its newspaper publication, which is likely to be in mid-May.