Johnson v. Commonwealth
Annotate this CaseIn two separate incidents, Appellant’s dog, Franklin, attacked other dogs. In the second incident, Franklin attacked another dog while under the supervision of Appellant’s mother. The district court found Appellant was not liable for the first incident. With regard to the second incident, the court found Appellant guilty of a Class A misdemeanor for “failing to restrain a dangerous dog” in violation of Chapter 91 of the Louisville Metro County Code of Ordinances. The trial court ordered Appellant to pay a fine and serve a jail sentence that was conditionally discharged, and provided animal services with the discretion to euthanize Franklin. The Supreme Court reversed, holding (1) Ky. Rev. Stat. 83A.065(2) is unconstitutional and invalid to the extent that it authorizes Chapter 91 of the Ordinances or similar ordinances which provide for a penalty of incarceration, and Chapter 91 of the Ordinances was invalid to the extent it provides such a penalty; and (2) section 83A.065(2) is valid only to the extent that it vests local governments with the authority to enact penal violations that impose monetary fines.
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