Criminal Littering

I, like many of you, spent a great deal of time outdoors during 2020. It was disappointing to see areas of our beautiful county littered with trash, old appliances, construction material and many other unsightly items and debris. These eyesores were particularly evident during the winter months when the vegetation was off the trees and the shrubbery.

We often prosecute cases in District Court for criminal littering when someone throws a bag of trash out of a car window or dumps piles of trash along a city or county road.  Kentucky’s law on criminal littering covers the above situations but also several additional types of littering. Litter is defined as any rubbish, refuse, waste material, offal, papers, glass, cans, bottles, trash, debris or any foreign substance of whatever kind whether or not it is of value. Under Kentucky law, a person is guilty of criminal littering when he:

A) Drops, or permits to drop, on a highway, any destructive or injurious material and does not immediately remove it.  (e.g., if a construction company loses large building materials off of the truck and fails to clean it up immediately); or

B) Knowingly places or throws litter on any public or private property or in any public or private waterway without permission (e.g., deciding to throw trash out the window of your vehicle or deciding to dump any unwanted material along a road); or

C) Negligently places or throws glass or other dangerous pointed or edged substances on or adjacent to water to which the public has access for swimming or wading or on or within fifty feet of a public highway (e.g., breaking a glass bottle near the highway); or

D) Discharges sewage, minerals, oil products or litter into any public waters or lakes within the state (e.g., taking old oil and dumping it within the closest creek or lake).

Criminal littering under Kentucky law is a Class A misdemeanor. The punishment for the Class A misdemeanor is a possible imprisonment that lasts between ninety (90) days to twelve (12) months. A potential fine of up to five-hundred ($500) dollars could be enforced.  In addition, we will typically require the Defendant to clean up whatever mess they made and pay any damages to the property owner where the littering occurred. 

The above seems like common sense to the law-abiding community.  Unfortunately, there is always that distinct minority of individuals that do not respect the basic concept of protecting our public property from accumulating trash, debris, or rubbish.  For that distinct minority, this criminal statute exists to hold them accountable.

Rest assured that the County Attorney’s office, and the District Court judges, will take littering charges very seriously if brought to our attention. Please be mindful of your fellow residents and make sure that your trash and other discarded items are properly disposed of. Not only is it common courtesy, and decency, it is the law!

I hope you have found this information helpful. If you have any topics you would like to have covered in this column, please contact my office by e-mail at countyattorney@campbellcountyky.gov, by phone at 491-7700 or by regular mail addressed to 319 York Street, Newport, Kentucky 41071.

Regulations for Pets and Pet Owners

As the weather turns from cold to warm, more people are going outside to breathe the fresh air and feel the sun. Now that Covid is hopefully coming to a close, those people outside might travel with their pet. While it is nice to take the pet for a walk, there are responsibilities that a pet owner must comply with.

It is required by Kentucky law for an owner to vaccinate their dog, cat or ferret by the time the animal reaches the age of four (4) months and then revaccinated whenever the expiration of the immunization period ends. The veterinarian who vaccinates the pet will issue the owner a certificate that proves the veterinarian vaccinated the animal. On the certificate there will be a time to have the animal brought in to be revaccinated. Along with the certificate, owners will receive a tag that bears a serial number that correlates with the certificate given to the owner. It is the responsibility of the owner to ensure the tag is worn at all times by the animal and to produce the vaccination certificate to animal control or peace officers.

If a dog does not bear a valid rabies tag or other legible identification, then the dog is considered running at large. Such dog can be impounded by an animal control officer and taken to an animal shelter where the dog will be confined in a humane manner. The animal shelter shall keep the dog for up to five (5) days for the owner or a new home to be found. If the owner is found, they will be contacted immediately and be required to show proof of rabies vaccination while paying for any fees incurred while impounding the dog. An owner is required to pay these fees even if the dog is not reclaimed.

Any person who is attacked by a dog may seize or euthanize the dog at the victim’s discretion. If the victim feels that they have been harmed, they may file a complaint before the district court which charges the owner with harboring a vicious dog. This complaint will be served upon the owner so that they are compelled to appear in court. The court may find that the owner is personally liable to pay for all damages for personal injuries that resulted from the dog attacking the victim. The owner shall also be responsible for a fine that is no less than ten dollars ($10) nor more than one hundred dollars ($100).

In the event that a person is bitten by a dog, cat or ferret, a health officer, or their agent, shall have the authority to quarantine the animal for ten (10) days. If the health officer feels that the animal in question is contaminated with rabies, they may require the animal be euthanized and tested for rabies. It is prohibited for the owner to euthanize, or dispose of, the animal in question prior to the testing of rabies. If the owner euthanizes, or disposes of, the animal prior to the test, the owner shall be liable for the rabies treatment.

Finally, it should be noted that most local jurisdictions have ordinances requiring that a pet owner clean up the waste created by the animal. Not only is it common courtesy, it is the law. These same ordinances prohibit a pet owner from taking their dog to a park without a leash, chain or cord held by the pet owner. It may seem like tying the animal to a tree, or other inanimate object, is a solution but that action is also prohibited. In general, when outside, it is important that the owner is always with their dog and have their dog secured on a leash.  

I hope this information is interesting and helpful for all residents of Campbell County. If you have any topics you would like to have us address, please contact my office by e-mail at countyattorney@campbellcountyky.gov, by phone at 491-7700 or by regular mail addressed to 319 York Street, Newport, Kentucky 41071.