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Board upholds $150 citation after neighbor testimony and photos in Keys Ferry Road poultry-kill case
Summary
The Code Enforcement Board found evidence that two dogs had been off property and unrestrained at 10311 Keys Ferry Road after neighbor testimony and photos showing dead poultry; the board upheld the $150 citation for the property owner.
The Louisville Metro Code Enforcement Board on March 21 upheld a $150 citation against the owner of the property at 10311 Keys Ferry Road after a neighbor testified and presented photographs showing dead poultry and two dogs near a chicken coop.
Witness Kimberly Philpott told the board she observed two dogs exiting a pen and later found multiple dead birds, including chickens, turkeys and peacocks. "They were coming out of the pen...and they had killed a bunch of animals," Philpott said in testimony presented to the board. Animal-services officer Kelsey Valance confirmed officers documented dead fowl at the scene but said officers had not personally observed the dogs off the property at the time of the visits.
Appellant Nancy Brenzel Breeden and property owner Billy Jones disputed ownership and some dates of the photographs. Breeden called some accusations "a bold faced lie," saying the family had installed a cattle-grade electric fence in December and that photos shown to the board dated from prior months. The board reviewed the photographic evidence, witness statements and animal-services notes and concluded there was sufficient evidence that the dogs had been off property and unrestrained in the incidents cited.
Hearing officer Aaron Cole said the administrative hearing’s scope was to determine whether the animals had been off property and unrestrained rather than to resolve separate criminal proceedings in district court. "What is before the board today is a case adjudicating whether or not the animals are off property," Cole said. After reviewing testimony and photos, Cole ruled the conditions existed for the citation and upheld the $150 penalty.
The board’s ruling focuses on administrative code enforcement; any separate criminal matters referenced in district court were described by counsel as distinct from this administrative appeal. The owner and appellants may pursue separate remedies or appeals as allowed by administrative rules and statute.
