City of Bowling Green, Kentucky

Citation Number:
2024-00002676

Date Issued:
Fri, Mar 1, 2024 8:40 AM

Status:
Appeal Filed

Total Citation Amount:
$355.04

Name of Person Cited:
BAIRD WAYNE & VONETTA JOHNSON-BAIRD

Property in Violation:
720 FERN HILL ST
BOWLING GREEN KY 42101
PVA Parcel #: 028A05 152

Property Owner:
BAIRD WAYNE & VONETTA JOHNSON-BAIRD
720 FERN HILL ST
BOWLING GREEN KY 421014444

Code Compliance Officer:
Brad Schargorodski

Inspection Date:
Fri, Mar 1, 2024 8:30 AM

Code:
BGKY C5 5-1.08.b Trespassing Animals/Animal Protection

Code Description:
No person shall own, keep or harbor any animal that unreasonably annoys humans, endangers the life or health of persons or other animals, or substantially interferes with the rights of citizens, other than their owner’s, to enjoyment of life or property. The term "animal nuisances" shall include, but is not limited to any animal that: Goes upon any property or premises not owned or occupied by the person who keeps, harbors or owns the animal. A dog kept at this location ("Zeus") was documented to be trespassing on the property of others by the Bowling Green Police Department. Officer J Teague #235 states the dog trespassed on the property of 729 Denali Street on 09/11/2023. Officer M Irvin #195 states the dog trespassed on the property of 726 Fern Hill Street on 09/28/2023.

Code:
BGKY C5 5-1.08.c Property Damage Animals/Animal Protection

Code Description:
No person shall own, keep or harbor any animal that unreasonably annoys humans, endangers the life or health of persons or other animals, or substantially interferes with the rights of citizens, other than their owner’s, to enjoyment of life or property. The term "animal nuisances" shall include, but is not limited to any animal that: Turns over, gets into, or otherwise damages or disturbs garbage cans, or any items or personal property located on any premises other than those owned or occupied by the person who owns, keeps or harbors the animal. BGPD Officer M Irvin #195 states the dog kept at this location ("Zeus") damaged the property of others while trespassing and running at large in public on 09/28/2023.

Code:
BGKY C5 5-1.08.d Frightening, Molesting Animals/Animal Protection

Code Description:
No person shall own, keep or harbor any animal that unreasonably annoys humans, endangers the life or health of persons or other animals, or substantially interferes with the rights of citizens, other than their owner’s, to enjoyment of life or property. The term "animal nuisances" shall include, but is not limited to any animal that: Runs at, jumps upon, chases, barks at, bites at or in any other way frightens, molests or scares any child or adult other than the one who owns, keeps or harbors the animal and the members of his immediate family. BGPD Officer M Irvin #195 states the dog kept at this location ("Zeus") frightened citizens, including those at 726 Fern Hill Street, on 09/28/2023.

Code:
BGKY C5 5-1.15.a Vicious or Dangerous Animals Animals/Animal Control

Code Description:
It shall be unlawful for any person to keep, own or harbor, or allow to be kept on his/her property, any vicious or dangerous animal, as defined hereinabove, except as follows: 1. Such person shall keep such animal securely confined indoors or in an enclosure securely fenced so that the animal cannot escape therefrom and is secured from entry by young children. Any outdoor pen or structure must have minimum dimensions of five (5’) feet by ten (10’) feet and must have secure sides and a secure top. If it has no concrete, cement or asphalt bottom, the sides must be imbedded into the ground no less than two (2’) feet. The enclosure must also provide protection from the elements for the animal. A vicious or dangerous animal shall be transported to or from the indoors or to a securely enclosed outdoor pen or shelter only if such animal is muzzled and restrained by a suitable chain, leash or other means of appropriate restraint, which chain or leash is not more than six (6’) feet in length and a responsible adult capable of controlling the animal is in physical control of the chain or leash. “Vicious or dangerous animal” shall mean any animal that attacks, bites or physically injures human beings, domestic animals or livestock without adequate provocation. Any animal that without provocation has attacked a human being or other animal shall be presumed vicious or dangerous for purposes of this Chapter. This definition shall not apply to dogs used by law enforcement officers in the performance of their duties. It shall be unlawful for any person to keep, own or harbor, or allow to be kept on his/her property, any vicious or dangerous animal, as defined hereinabove, except as follows. A dog kept at this location ("Zeus") was documented to have attacked other dogs on two occasions by the Bowling Green Police Department. Officer J Teague #235 states the dog trespassed on the property of 729 Denali Street on 09/11/2023, attacking a three month old Goldendoodle, causing bleeding on the right, rear leg. Officer M Irvin #195 states the dog trespassed on the property of 726 Fern Hill Street on 09/28/2023 and grabbed a Yorkie by the neck, then ran towards 720 Fern Hill with it. The Yorkie was deceased upon police arrival. As such, the animal - a the grey pit bull at this location ("Zeus") - is presumed vicious or dangerous under this ordinance.

Code:
BGKY C5 5-1.08.e Chasing Domesticated Animals Animals/Animal Control

Code Description:
Chases any domesticated animal besides those animals who are kept, owned or harbored by the same person; BGPD Officer M Irvin #195 states the dog kept at this location ("Zeus") chased domesticated animals located at 726 Fern Hill Street on 09/28/2023.

Code:
BGKY C5 5-1.08.g Running at Large in Public Animals/Animal Control

Code Description:
When off the premises of the owner, any animal must be restrained by a lead or leash and under the control of a responsible person, with the exception of the enclosed area at the H.P. Thomas Bark Park; BGPD Officer M Irvin #195 states the dog kept at this location ("Zeus") was running at large in public on 09/28/2023.

Code:
BGKY C5 5-1.15.b Vicious or Dangerous Animals Enclosures Animals/Animal Protection

Code Description:
If a vicious or dangerous animal escapes its enclosure or is found at large, the animal shall be seized and impounded. If during the course of seizure and impoundment the animal poses a physical threat to any person or domestic animal, any enforcement official may render the animal immobile by means of reasonable measures or necessary force, including, but not limited to, the use of tranquilizers or other safe drugs, or if that is not possible under the circumstances, the animal may be killed. The grey pit bull that lives/lived at this location ("Zeus"), has been presumed to be vicious and dangerous under city ordinance as defined herein, and must abide by the transport and enclosure requirements as outlined below.