Louisville-Pets.com

The LMAS site has put up a F.A.Q. about the new Animal Ordinance. You can read it here.

We pet owners are very disturbed at the misleading information being disseminated by LMAS. This FAQ is a good example of such misinformation. There are many mistakes throughout the FAQ, based on inclusions of things not mentioned in the law ("residential area") and omissions of things that are included (notifications and permissions required of unaltered dog owners). In law, as you know, every word counts. This is a cumbersome law that is difficult to understand, so it is easy to see how mistakes can happen. Below is some of the misinformation we found. The LMAS questions and answers are in purple and our comments are in red.

Louisville Dog Ordinance
Frequently Asked Questions

Licensing

What is a multiple pet license?

It is a license for people who own four or more altered animals that are kept primarily for companionship. This may be purchased in lieu of individual licenses and could result in a savings. The license is $28 plus $6 per animal over four animals.

There is no enabling clause in the body of the ordinance for the Multiple Pet License. Without such an enabling clause, this license cannot be sold.

When, where and how do I license my cat, dog or ferret?

You can license your animals at Metro Animal Services or through many veterinarians

(Please refer to the list provided on Metro Animal Services website). An application can also be downloaded from the Metro website.

It appears that local veterinarians are having their ability to issue licenses on behalf of LMAS revoked over minor disputes. This discourages licensing, as it makes licensing less convenient for the clients of those veterinarians and thus decreases the likelihood that they will continue to comply.

What other types of animals need to be licensed or require a special permit?

Wildlife is not permitted unless otherwise indicated by state law. Rehabilitators are required to obtain a state permit as are any other parties keeping wildlife as allowed by state law.

The ordinance states in Section 91.008: Prohibition on Ownership of Wild Animals: “The keeping or holding of Wild Animals that are inherently dangerous, exotic wildlife, endangered species, or wildlife whose importation or possession is prohibited by any federal or state law or regulation is prohibited, and declared to be unlawful.” There are 5 exemptions to this section listed: Zoos, Licensed Circuses & Theatrical Exhibits, “authorized” wildlife rehabilitators, licensed veterinary hospitals, and federally-licensed research institutions. There is no exemption for owning wildlife not regulated by state law.

State regulations do not require a permit for exotic wildlife not specifically listed in 301 KAR 2:082 (3) [See 301 KAR 2:082 (1) for definition of “exotic animal”]. It is doubtful whether LMAS has authority to regulate wildlife since there is a body of law at the state level dealing with wildlife, and which charges the Department of Fish and Wildlife with enforcement of state regulations concerning wildlife and exotic animals [See KRS Chapter 150; KRS 67A.070 (1) and (2)].

An easy solution to this dilemma would have been to prohibit ownership of “inherently dangerous animals” as specifically permitted and defined in KRS 65.877.

Do I need to license my cat, dog or ferret every year?

Yes, licenses expire annually. However, you now have the option of a three year license if your cat, dog or ferret is altered. You will need to have a three year rabies vaccination in order to qualify for a three year license.

Section 91.020 (A) states: Effective upon passage of this chapter and from that day forward, every owner of an animal who resides or whose animal resides in Jefferson County and who is regulated by this chapter shall apply to MAS or a license facility designated by the Mayor, for any appropriate license required by this Ordinance. Individual dog, cat and ferret licenses shall be issued in conjunction with a valid rabies vaccination certificate and shall be valid for the term of the vaccination. License and vaccination tags shall be firmly attached to a harness or collar worn by the animal.

There is no exception for a three-year license tied to a three year rabies vaccination for unaltered dogs.

Does my cat or dog need to wear its tags?

Yes. They need to be attached to their collar. Microchipping is another form of identification that we strongly encourage and have to be combined with the tag.

Just a side note here: All of my dogs are microchipped, and every year when I license them, I send in the microchip information. Every year, when I get my license renewal paperwork, the microchip information is missing. What is the purpose of requiring or encouraging this information to be turned in if it is not going to be kept? Also, there are several reports of microchipped animals being scanned just prior to euthanasia—meaning these owned animals were at the Shelter several days longer than necessary, causing their owners unnecessary grief and worry.

Why are the license fees for unaltered animals higher?

Because we have a terrible pet overpopulation problem in our community. By offering a lower licensing fee for animals that are spayed or neutered we are trying to encourage people to have that done. The over population problem is generated by the animals that aren’t altered.

We dispute the overpopulation theory as it pertains to dogs. Shelter intakes and euthanasia rates were decreasing through 2003. Ten years ago when differential licensing was introduced, the compliance rate was 25%. The larger the differential license rate became over those ten years, the lower the compliance rate became. It is unclear how increasing the licensing differential again could possibly be expected to increase compliance given its dismal history of failure.

The Kentucky Humane Society has published a report saying that 75% of shelter animals are owner turn-ins due to unmet expectations. The real issue is owner retention. The way to deal with that problem is to educate owners about the commitments and responsibilities of pet ownership, and to make available a behavior hotline, and low- or no-cost training classes to assist with behavioral problems.

Do I still get a senior citizens discount?

Yes. As a matter a fact you can get the discount for up to two altered pets. However, the discount no longer applies to unaltered animals.

If I am visiting Louisville, what type of permit do I need for my animals?

If you are staying less than thirty days you don’t need anything except proof of a current rabies vaccination. We would recommend that you have all of your vaccination records and or license (if applicable) available.

If a person is traveling to Louisville with an unaltered dog, he/she will need a 4’ leash and a secure cage [91.001 Restraint (3)(ii) and (iii); 91.0202(A)]. There is no reason for any ACO to ask any dog owner for vaccination information other than rabies, since rabies vaccination is all that is required by law.

What do I need to do if I want to sell or give away my litter of puppies or kittens?

The mother must be licensed in order to sell or give away puppies or kittens. All forms of advertising must contain the current license number and the name and address of the buyer or recipient of those animals must be reported to Metro Animal Services. The other options are to obtain a Breeder, Dealer or Kennel Permit.

Section 91.025(D) states “It shall be unlawful for any person to sell, offer to sell, or to advertise the sale of an animal, or for any person to purchase an unaltered dog, or a dog which has been classified by the Director as a dangerous dog or a potentially dangerous dog without the written permission of the Director.” There is no exception for Breeders, Dealers or those holding Kennel Permits.

This section seems to require that the sale or offer to sell or advertisement of any animal cannot be lawfully made without written permission from the Director. If that is not the way that LMAS intends to enforce this section, including that information clearly in a statement of policy that is available to the public would be helpful.

A person giving away puppies or kittens need only report the new owner’s information and a description of the puppies or kittens to LMAS within 10 days (91.042). There is no requirement for license numbers to be published in ads when when there is not an actual sale. (91.025).

What If I want to sell or give away an adult animal?

The animal must be licensed and all form of advertising must include the animal’s license number.

Section 91.025(D) states “It shall be unlawful for any person to sell, offer to sell, or to advertise the sale of an animal, or for any person to purchase an unaltered dog, or a dog which has been classified by the Director as a dangerous dog or a potentially dangerous dog without the written permission of the Director.”

This section seems to require that the sale or offer to sell or advertisement of any animal cannot be lawfully made without written permission from the Director. Further, the buyer appears to need written permission from the Director also. If that is not the way that LMAS intends to enforce this section, including that information clearly in a statement of policy that is available to the public would be helpful.

A person giving away dog, cat or ferret need only report the new owner’s information and a description of the dog, cat or ferret to LMAS within 10 days (91.042). Sales or gifts of animals other than dogs, cats and ferrets do not need to be reported; nor are license/permit numbers required in ads for animals for which a license or permit is not required. There is no requirement for license numbers to be published in ads when there is not an actual sale. (91.025).

Unaltered Dogs

What are the requirements and restrictions on my dog if it is not spayed or neutered?

If your dog was not previously licensed you will need to get an Unaltered Dog Permit. The cost is $50. This provision of the ordinance will become effective April 5, 2007. We strongly recommend that you spay or neuter your dog if you are not a breeder, or involved in other activities that would dissuade you from doing so.

Section 91.0201(A) states: “From and after the effective date of this ordinance, no person shall own, possess, or buy, sell, or trade, or otherwise transfer ownership or possession of an unaltered dog which has not been spayed or neutered, or which has not been registered and obtained a permit pursuant to this section.

The only exemption listed to Section 91.0201 is in 91.0201(F), which states: “Law enforcement agencies and officers and Class A and Class B Kennels shall be exempt from the registration and licensing requirements of this §91.0201.”

I see no exemption to the requirement for a permit for a dog that was previously licensed. There is a provision under 91.021 that allows a person to purchase an “Unaltered Dog Permit” in lieu of a license [91.021(B)(14) and bottom paragraph].

Section 91.020(C) provides that: “The cost of an individual Unaltered Dog, Cat or Ferret License or Permit registered before the effective date of this ordinance shall be as provided in §91.010.”

When one turns to Section 91.010, one is referred to Appendix A [91.010(D)]. When one turns to the Appendix, one finds that an “Unaltered domestic pet license” is $35.00. There is no cost listed for “Unaltered Dog, Cat or Ferret License” nor is there any cost listed for “Unaltered Dog, Cat, or Ferret Permit.” There is a cost listed for an “Unaltered dog permit [issued after the effective date of this ordinance],” but nothing addressing an “Unaltered Dog” permit issued before the effective date of this ordinance. What is going to be charged, and how is it going to be justified under this law as written?

This answer is extremely misleading. Requirements include using only a 4 foot or shorter leash, and a requirement for an enclosure that is approved in writing by the Director. The owner’s address and the address where the unaltered dog is kenneled must be registered, and the unaltered dog must be microchipped. According to the letter of the law the unaltered dog must be securely caged, unless on a short leash or in its approved enclosure. There are also requirements for notifications if the unaltered dog is in the possession of a person other than the owner for any length of time, or if the unaltered dog is away from its registered location for more than 3 days. [91.0201]

Restraint Specific

Is there a leash law? Yes.

As it applies to Puppies & Dogs:

If you are in your own yard with your puppy or dog the animals should either be confined in a secure enclosure or accompanied by the owner and under his/her direct control.

If you are off premise with an altered dog, (where permission has not been granted) the dog must be restrained by a leash or lead and under the control of a person who is physically able to control the dog.

91.001 Restraint (2) states: “For puppies and dogs, RESTRAINT shall mean on the premises of the owner or on premises which the animals’ presence has been explicitly allowed, and confined in a secure enclosure, or accompanied by the owner and under his/her direct control.” It does not specify “altered dog” anywhere.

There is no indication as to how an Animal Control Officer will determine that a person is “physically able” to control a dog. There are no discernable standards.

Also, 91.001 Restraint(1) applies to “all animals other than puppies and dogs.”

Unaltered dogs are required to be kept on a leash that is no longer than four feet.

We do not understand whether unaltered dogs are going to be permitted to be off leash and under the direct control of the owner [per 91.001 Restraint (2)] or whether unaltered dogs are never to be allowed off their four foot leashes except when in a cage or enclosure [91.001 Restraint (3)(ii)]. Also, how do these two sections fit in with 91.006 (B) which states “Nothing in this Chapter shall be construed so as to be inconsistent with KRS 258.215 or 258.265, or to otherwise affect hunting, canine competitions, the handling of game, or any lawful activity? (Canine competitions require off leash work and training of unaltered dogs.)

Dangerous & Potentially Dangerous dogs are also required to be kept on leash that is no longer than four feet and muzzled.

Can keep my dog in my yard on a chain?

A dog may not be exclusively restrained to a fixed point chain between the hours of 8 am and 6 pm or for more than and hour at a time in any eight hour period.

This provision criminalizes every person living in an area with HOA rules that disallow kennels, fences or runs in the yards of houses within the deed-restricted area. It is unreasonable to disallow responsible supervised tethering, especially when there is no evidence that tethering has any effect other than to prevent dogs from running loose.

Can I use an invisible fence to restrain my dog?

Yes, if your pet is altered. No, if it is not.

If you pick-up my animal, what will it cost to get it back?

The cost varies. If your animal is wearing its license your redemption fees are discounted for the first offense. The redemption fee for a first offense on an altered animal wearing its tags is $7.50 plus the boarding fee which is $5 a day. This is a 50 percent reduction. If your animal was impounded by an Animal Control Officer a $25 impoundment fee also applies.

According to 91.035(F), if an animal wearing its license is picked up, it may be returned to the owner at no charge for a first offense.

91.035(E) states: “Dogs and cats impounded for violation of the restraint requirements which are wearing a valid Dog license or Metro Government Cat License and which have been spayed or neutered may be redeemed for one-half the redemption and daily board fees. This does not include animals impounded for humane treatment, an unaltered dog, a potentially dangerous dog, or a dangerous dog.”

Second sentence, after “The cost varies.” should be changed to indicate that only altered dogs and altered cats are eligible for the reduced redemption fee.

The normal daily boarding fees range from $10 to $15 a day. The redemption fees range from $15 to $60. If they are dangerous or potentially dangerous the fee is $100 plus $25 a day for boarding.

You may also have to pay for a violation fee ranging from $30 to $250 as well as medical costs if required.

If the animal is not current on vaccines and license, a late fee will apply and it will be required that vaccines and license be brought up to date.

Section 91.036(B) also requires that any impounded dog or cat have a microchip prior to redemption.

Section 91.036(C) indicates that the animal owner must have proof of vaccinations or “sufficient antibody titers.” Nowhere is there an explanation of who determines whether antibody titers are sufficient.

The requirement for proof of vaccinations within 12 months [91.036(C)] is inconsistent with the licensing term in Section 91.020(A) which states that licenses are good for the term of the vaccination, and Section 91.023(G), which sets forth when one year vs. three year rabies vaccinations are appropriate.

There are legal issues here. First, the requirement for vaccinations not otherwise required by law is arbitrary, unreasonable, and does not take into consideration the advice of the owner’s veterinarian. Vaccination protocols have changed considerably in the past 5 years. The vaccinations listed are no longer recommended as standard protocol for all animals every year. Further, Section 91.023(G) could be interpreted as regulating the practice of veterinary medicine, which is the sole jurisdiction of the Kentucky Board of Veterinary Medical Examiners. Rabies vaccination regulations are promulgated at the state level by the Kentucky Secretary for Health and Family Services, not by any local animal control agency. This is another area in which conflicts exist between local law and state statute. It is state statute that prevails. [See KRS 67A.070 (1) and (2)]

How much are the fines if my dog, cat or I am caught violating the ordinance and I receive a violation notice?

The fines increase per offense:

1^st - $30

2^nd - $60

3^rd - $20

This is a typo, and should state “3^rd - $120 [Appendix A]

4^th - $250

Important information has been omitted here. If a person is charged with a civil violation, fines range from $150 to $1000 [91.998(B)]. If a person is charged with a criminal violation, then penalties are as follows:

Class A Misdemeanor: $0-$500, plus court costs and up to one year in jail.

Class B Misdemeanor: $0-$250, plus court costs and up to 90 days in jail.

[91.999(A) and (B)]

Number & Type of Animals Allowed

How many dogs can I own?

If your animals are kept inside your home there is no limit as long as you can properly care for them.

If you have dogs that reside outside in your yard and you live in a residential area on less than half an acre you cannot have more than three outdoor dogs. If you live on more than a half an acre but less than two acres, you are not allowed to have more than seven outdoor dogs.

Section 91.030 (A) states: “No more than three (3) dogs, excluding puppies, may be quartered outdoors on an individual tract, lot or parcel, or dwelling unit, (as defined in the Land Development Code), which is .5 acres or less and has on such property any building or structure containing a residential use.”

There is no reference to a “residential area.” There is no exemption for non-residential areas. The only exemption in Section 91.030 is listed in subsection (C), which states “This Section shall not apply to an individual tract, lot or parcel (as defined in the Land Development Code), which has on such property a building or structure containing a residential use, if such location has a current Class A, Class B, or Class C kennel license and continues to maintain such license, as provided by §91.021.” Nowhere does it say that non-residential areas are exempt.

Further, there is no definition of the term “quartered outdoors” in the law. Nowhere in Section 91.030 is there any reference to “outdoor dog.”

The term “dwelling unit” is defined [91.001], as “Either a single room or two or more connected rooms sold or leased as a unit and intended for occupancy by one or more persons, and which at a minimum contains sleeping, toilet and bathing facilities which are accessed independently from any similar such facilities in the same building. This term includes hotel or motel rooms, extended stay lodging facilities, nursing home rooms and assisted living units.”

Sections 91.030(A) and (B) limit the number of dogs that may be “quartered outdoors on an individual tract, lot or parcel, or dwelling unit” of a specified size. The inclusion of the term “dwelling unit” causes confusion: How does one “quarter outdoors” a dog in a dwelling unit? How long can one’s dog be outdoors before it is “quartered outdoors?”

Moreover kennel licenses are technically not issued until the inspection occurs, is passed and the license is issued. Since very few Class A, B and C Kennels have had their 2006 inspections, virtually none of those kennels had a valid Class A, B or C Kennel license on the effective date of this ordinance. Therefore, virtually no one qualifies for the exemption under 91.030(C).

Is there breed specific language in the ordinance?

No, none.

Is it legal to own a Pit Bull?

Yes.

What other types of animals have restrictions?

All livestock weighing more that 40 pounds, except horses, stallions, colts, geldings, mares, fillies, ponies, miniature horses, mules, jacks, jennies, goats, kids and sheep must be kept in a fenced tract or lot that is at least a half an acre or more.

Horses, stallions, colts, geldings, mares, fillies, ponies, miniature horses, mules, jacks and jennies, must be kept in a fenced tract or lot that is at one acre or more.

This is incorrect. Section 91.001 Restraint (6) states: “Horses, stallions, colts, geldings, mares, fillies, mules, jacks and jennies must be kept on an individual tract, lot or parcel (as defined in the Land Development Code) of at least one acre or more…” Ponies and miniature horses are not regulated under this ordinance.

All crowing and non-crowing poultry must be kept on tracts or lots of at least half an acre or more. You can have one crowing and five non-crowing birds on less than half an acre.

General

Is there a pooper scooper law?

Yes, it is the responsibility of all pet owners to carry something at all times in order to clean-up after their pet and to dispose of it in a sanitary manner.

This section applies to working dogs, to the LMPD Mounted Patrol, and to farmers moving a herd of animals across a road as well.

What can be done about barking dogs?

You can make a service request to address the issue of a barking dog or dogs. We will send an officer out to talk to the owner and educate about the ordinance. If this doesn’t work we can investigate the situation further and proceed based on the evidence. Our officers are now able to take a sworn written statement from the complainant who has witnessed a violation and the circumstances of the violation and it will be filed with District Court.

Will those people with barking dogs be given advice about how to train their dogs not to bark? Will they be advised about the availability of bark collars?

How long does Metro Animal Services hold strays?

We hold all strays for five days. The first includes the day the animals arrived the shelter. We recommend that people visit the shelter every two or three days to look for your dog or cat. We cannot identify animals over the phone because descriptions vary and the margin for error is far too great.

Does Metro Animal Services adopt animals?

We sure do. We have the largest selection of potentially adoptable animals in one location. Once an animal is placed for up for adoption it stays there until it finds a home or placement group to care for it, unless extreme circumstances compromise the adoptability of the animal.

When do I have to have my animal revaccinated?

Only when your vaccination expires or if you are acquiring a new animal that was not previously vaccinated by a veterinarian.

Section 91.023(C) states: “Any animal which is sold, traded or otherwise removed from a kennel or cattery must be re-vaccinated against rabies by a veterinarian or qualified person, and must be re-licensed by MAS.” Therefore, when one removes one’s animal from any kennel, be it a training kennel, boarding kennel, or a Class A, or B kennel, one must have it re-vaccinated and re-licensed at that time to remain in compliance with this law.

Breeder Specific

What type of kennel license do I need to breed and sell animals?

There are a few different types:

Class A:

Applies if you are breeding, buying or selling puppies or kittens.

You will need one permit per five animals. Each license for five animals or less is $150.00

Class B:

Applies if you are showing dogs, puppies, cats, or kittens (including but not limited to field trial competition, hunting trail competition, herding, conformation and obedience competition. The license is $100 for five animals or less. Each animal in excess of five is licensed individually.

Class C:

Applies if you are training dogs or puppies for guard, sentry, field, obedience, whether gratuitously or for free. Each license is $100.

How does the Land Development Code (LDC) affect having a kennel?

Some kennel operations may fall under the (LDC) and require special permits in addition to meeting the requirements of a Metro Animal Services for a kennel permit.

If I am visiting Louisville for a show, competition, or scheduled breeding what type of permit do I need?

If you are visiting for less than thirty days all you need is a current rabies vaccination.

If I am in Louisville for a competition with my dog and it gets away from me and ends up at the shelter will it need to be spayed or neutered before I can get it back?

No. We understand that accidents happen. It helps if you report your missing animal to us and if it is wearing identification or is microchipped. We understand that accidents happen and will not require that your dog is altered.

Section 91.036(D) states “Any unaltered dog which is impounded for any reason after the effective date of this ordinance shall not be reclaimed by an owner unless the dog is spayed or neutered at the direction of MAS.”

KRS 258.195 lists the authorities and duties of animal control officers. KRS 258.225 requires animal control officers to perform their duties. LMAS is required by this law to alter any unaltered dog that is impounded. There is no discretion allowed to officers or the Director to release unaltered dogs to their owners without those dogs being altered first.

Dangerous Dogs

What do I do if I’m attacked or bitten by a dog or cat?

Contact 911 or call a physician and Metro Animal Services.

Perhaps this should be qualified so that people don’t call 911 for a minor bite or scratch.

What can happen to me if my dog threatens attacks or bites someone?

Depending on the details of the attack, your dog could be declared Potentially Dangerous or Dangerous.

A Potentially Dangerous Dog is defined as one that bites, scratches or bruises any person in an unprovoked manner.

Dangerous Dog is defined as one that commits an unprovoked severe attack on any person, or inflicts death or serious injury in an aggressive manner. It also includes any unrestrained dog that maims or kills a domestic pet or livestock and includes dogs used in the commission of a crime.

What is considered “threatening”? What about the exemptions listed in 91.110(B)? These exemptions require a dog to make decisions impossible for many humans such as:

*is the person attacking my owner a police officer? [91.110(B)(1)]

*is the person entering my owner’s property to commit robbery, burglary, assault or some other crime? Or is this person a “simple trespasser?” If I bite this person and thus prevent the robbery, burglary, assault or other crime, how will my owner prove the trespasser’s intent? [91.110(B)(4)]

It should be noted that section 91.110(B)(4) is contradictory to KRS 258.095(6), which protects dog owners from having a dog declared dangerous for protecting their property. The definition of “Attack” under KRS 258.095(6) specifically excludes “a dog’s attack of a person who has illegally entered or is trespassing on the dog owner’s property in violation of KRS 511.060, 511.070, 511.080, or 511.090.”

What is considered cruelty, animal abuse or inhumane treatment?

Cruelty and abuse are a result of the failure to provide adequate food and water, failing to detect the need or withholding veterinary care; creating or allowing unhealthful living conditions, infliction of suffering, injury or death to an animals by striking, beating, dropping, kicking, dragging, choking or by the use of an object or weapon; causing pain, injury or death by the means of caustic, flammable, boiling or heated substances; causing suffering, injury or death by suffocation or drowning; failure to provide health related grooming.

What guidelines will be in place for determining “failure to detect the need for or withholding veterinary care?” What guidelines will be in place for determining “unhealthful living conditions?” Will the use of a prong, choke or chain collar be considered cruelty? What guidelines will be in place for determining “failure to provide health related grooming?”

In-Humane Treatment – Relates to the provision of necessities. In-humane treatment includes failure to provide wholesome food and water, proper shelter and humane care and treatment. The living area should be clean, free of debris and accumulated waste (namely fecal matter). The animal should be able to walk or lie down without coming into contact with debris or waste. All shelters should be clean and regularly maintained. The shelter should be dry and insulated to protect the animal from extreme temperatures. The floor should be dry and insulated. Bedding that is dry and insulated should be provided during inclement weather. In addition to shelter all animals should have access to shade, such as a tree, awning or other structure.

What guidelines are used to determine if food is “wholesome,” shelter is “proper,” and care and treatment is “humane?” What is the definition of “insulated” as in “The floor should be dry and insulated”? Section 91.050(A), second from last sentence, states “The shelter shall have a floor which is dry and constructed of a material which provides insulation or the floor augmented with resting boards.” Section 91.050 applies to all animals (except fish, insects and eggs). Is this going to be enforced for species for which it is not appropriate (for example, horses, cattle, llamas, alpacas, mules, jennies and rabbits should absolutely NOT be housed in shelters whose floors are augmented with resting boards!)? What are the guidelines going to be for determining whether Section 91.050 should apply?

What do I do if I want to report cruelty, animal abuse or inhumane treatment?

You should call Metro Animal Services (363-6609) with the following information: a specific address of the situation and an accurate description of the conditions. All calls are anonymous.

Animal Welfare/Rescue Group Specific

What type of license or permit do I need if I foster animals for an animal welfare/ rescue group or organization?

You will need to be registered or on record as a foster for an animal welfare/rescue group or organization and included on their permit. Otherwise the law applies as it would for any other pet owner. All animals must be licensed by the group.

Is LMAS now requiring animal welfare/rescue groups to turn over the names of all their volunteer foster homes? Isn’t that a violation of their privacy? Where in Chapter 91 is LMAS authorized to require this information?

Hunting Specific

How many hunting dogs can I have?

It depends if they are inside or outside, where you live and your lot size. (See question #4 under Restraint Specific).

Further, there is no definition of the term “quartered outdoors” in the law. Nowhere in Section 91.030 is there any reference to “outdoor dog.”

What type of license do I need to get for my hunting dogs?

It depends on how many dogs you have. You can license them individually or get a Class A or B Kennel License if you live in a non-residential area. If you currently have an active Kennel License you will be grandfathered in despite your lot size in a residential neighborhood.

There is no reference to a “residential area” in Section 91.030. There is no exemption for non-residential areas. The only exemption in Section 91.030 is listed in subsection (C), which states “This Section shall not apply to an individual tract, lot or parcel (as defined in the Land Development Code), which has on such property a building or structure containing a residential use, if such location has a current Class A, Class B, or Class C kennel license and continues to maintain such license, as provided by §91.021.” Nowhere does it say that non-residential areas are exempt.

Am I violating the restraint law when my dog is hunting?

No, as long as you are hunting or training in an authorized area. When a dog is not hunting it is treated as any other dog.

This is completely incorrect. Hunting dogs will be in violation of 91.001 Restraint (4) and 91.051(A)(1)(a) & (b) if they are tethered at any time between 8 a.m. and 6 p.m. while hunting or training for hunting, or during field trials, which is a common, age-old practice of hunters. This is not a minor discrepancy. The penalty for violating these provisions is one year in jail and forfeiture of the animal.