A. 
It shall be unlawful for any dog to run at large in the City. For the purpose of this section, a dog shall be deemed to run at large while roaming, running or self-hunting off the property of its owner or custodian and not under its owner's or custodian's immediate control by leash, chain, rope or other restraining device securely attached to the dog's harness or collar.
B. 
Any dog not licensed running at large in the City shall be taken into custody by the enforcement officer and impounded and confined in a facility approved for such purposes. "Enforcement officer" shall include the Game Warden, Animal Control Officer, Director of Public Health for the City, police officers, their deputies and assistants, or any person duly authorized under the direction of the Chief of Police and/or City Manager. Any licensed dog running at large in the City may be taken into custody as set forth above or, at the discretion of the enforcement officer, returned to the owner.
C. 
If the dog is licensed, a summons or warrant charging violation of this section may be issued against and served upon the person in whose name the license was obtained or custodian of the animal. For the purpose of charging violations of this section, the person in whose name the license tag is issued, regardless of qualifying designation, shall be conclusively presumed to be the owner of the dog. Any summons or warrant charging a violation of this section shall indicate upon its face the location of the facility where the dog is impounded.
D. 
The person in whose name any dog is licensed or any person who is able to prove ownership of an unlicensed dog may recover such dog by executing a receipt for the dog and by paying the custodian of the facility a reasonable charge for the keep of the dog during impoundment. The custodian of the impoundment facility shall not be required to release a licensed dog except to the person in whose name the license for such dog was purchased or, in the case of an unlicensed dog, to any person who is not able to establish to the satisfaction of the custodian that such person is the true owner. In no event shall the custodian of the impoundment facility release any animal to any person without such person executing a receipt for the dog.
E. 
An unlicensed dog which has been confined in the impoundment facility for a period of five days and has not been claimed by the owner thereof may be destroyed or may be delivered to any person who will pay the required license fee on such dog with the understanding that, should the legal owner claim the dog and prove his ownership, the owner may recover such dog by paying to the person to whom the dog was delivered the amount of the license fee paid by such person and a reasonable charge for the keep of the dog while in his possession.
F. 
The receipt for the dog to be executed by the person in whose name a licensed dog is registered if delivered to an impoundment facility and by any person able to establish ownership of an unlicensed dog shall be in the following form:
Receipt
I, ________________, do hereby certify that I am the owner of a __________, bearing City Dog Tag Number ______________, and am the person responsible for preventing violations of _______________ of the Lexington City Code.
I further acknowledge that said dog was recovered by me from the impoundment facility the _____ day of ___________, 200__, and that the sum of _________ dollars was paid for the keep of the dog while in confinement.
Registered or Proven Owner
ATTEST:
Custodian of Impoundment Facility
G. 
Such release shall be executed in duplicate, one copy to be retained by the custodian of the facility and one copy delivered to the person claiming the dog.
H. 
The court, after hearing the charge involving a violation of this section, may, upon presentation to the court of a copy of the receipt, take into consideration the recovery of such dog by its owner and the payment of the requisite charge.
It shall be unlawful for any person to conceal or harbor any dog on which the license tax has not been paid, or to conceal a mad dog to keep the same from being killed after being so ordered by the court system.
It shall constitute a nuisance and be unlawful if any animal barks, whines, howls, bays, cries or makes any other noise excessively so as to cause annoyance, disturbance or discomfort to any individual, provided that such noise lasts for a period of more than 10 minutes continuously or intermittent noise continues for more than 1/2 hour and is plainly audible from a distance of 50 feet or more from the premises where the animal is kept. It shall not be a violation of this section if the animal was barking, crying, or making any other noise due to harassment or injury to the animal or a trespass upon the premises where the animal is located. A violation of this section shall constitute a misdemeanor.
A. 
Enforcement. A summons may be issued directly to the owner or custodian of any animal found to be in violation of this section requiring an appearance in the General District Court for the City.
B. 
Seizure of animal(s); noise abatement. Any police officer, animal control officer or other officer charged with enforcement of this chapter may enter onto private property and seize any animal found in violation of this section, provided that the following conditions are met:
(1) 
There is a verified complaint of noise by a police officer, animal control officer or other officer and that officer reasonably believes that the noise meets the criteria set forth in this section;
(2) 
The owner or custodian of the animal(s) cannot be readily located after a reasonable attempt or those attempts have failed or been ignored;
(3) 
The seizure will involve forced entry into a private residence; use of a passkey obtained from a property manager, property owner, landlord, innkeeper or other person authorized to have such a key shall not be considered as forced entry;
(4) 
No other less intrusive means to stop the noise is available; and
(5) 
Written notice of the seizure is left in a conspicuous place if personal contact with the owner or custodian of the animal(s) is not possible.
It shall be unlawful for the owner of any dog with a contagious or infectious disease to permit such dog to stray from his premises if such disease is known to the owner.
Dead animals shall be taken to the City landfill during working hours or otherwise buried or cremated by the owners. Failure to properly dispose of an animal within 24 hours after its death shall be a violation of this article.
Any person who shall make a false statement in order to secure a dog license to which he is not entitled shall be fined not less than $5 nor more than $100. Any person convicted of failure to pay the license tax required by this chapter prior to February 1 of any year, or as otherwise provided in this chapter, on any dog owned by him shall be fined not less than the amount of the license tax required by law to be paid on such dog and shall be required to obtain the proper license forthwith, and, unless the fine and license tax are immediately paid, the General District Court for the City may order the dog killed by the Animal Control Officer or some other officer, but the killing of such dog shall not relieve its owner of the payment of the fine and the license tax already due. If a dog is found running and roaming at large in violation of the provisions of § 115-9 of this chapter, its owner shall be liable to a fine of not less than $5. If a dog is found running and roaming at large in violation of the provisions of § 115-22 of this chapter, its owner shall pay a fine as set by the General District Court for the City. Any other violation of this chapter, for which a specific penalty is not provided, shall be punishable by a fine not exceeding $300.
The provisions of this chapter and all related articles shall be enforced by the City Animal Control Officer or by any other duly authorized persons under the direction of the Chief of Police and City Manager.