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Kentucky

Baldwin's Kentucky Revised Statutes Annotated. Title XXI. Agriculture and Animals. Chapter 258. Animal Control and Protection. Title XII. Conservation and State Development. Chapter 150. Fish and Wildlife Resources. 150.390 Restrictions on hunting wild elk, deer, wild turkey, or bear; depredation permits; administrative regulations

Statute Details
Printable Version
Citation: KY ST 258.005 - 991; 150.390

Citation: KRS 258.005 - 991; 150.390


Last Checked by Web Center Staff: 01/2014

Summary:   These Kentucky statutes comprise the state's Dog Laws, which were amended significantly in 2005.  Included are all vaccination, licensing, animal control provisions, and the relevant dog bite statutes.  Under Section 258.235, any person may kill or seize any dog which he sees in the act of pursuing or wounding any livestock, or wounding or killing poultry, or attacking human beings, whether or not such dog bears the license tag required by the provisions of this chapter. There shall be no liability on such person in damages or otherwise for killing, injuring from an attempt to kill, or for seizing the dog.  That same section also comprises the state's new strict liability law for dog bites.  Under Sec. 235(4), any owner whose dog is found to have caused damage to a person, livestock, or other property shall be responsible for that damage.


Statute in Full:

Definitions

258.005 Definitions for KRS 258.005 to 258.087

258.010 Definitions--Repealed

258.015 Dogs, cats, and ferrets to be vaccinated against rabies; issuance and distribution of certificates; tags for dogs; requirements for compliance by qualified persons; cat and ferret owners; feral cats

258.020 - 030 Repealed

258.035 Dog, cat, or ferret vaccinated in other state need not be revaccinated

258.040 Proceedings against dog; dog may be ordered destroyed; county attorney's fee; record--Repealed

Rabies Provisions

258.043 Mass immunization clinics

258.045 - 050 Repealed

258.055 Quarantine in case of rabies epidemic; emergency vaccinations

258.060 Commonwealth's and county attorney to prosecute case upon appeal--Repealed

258.065 Physicians to report persons bitten by dogs, cats, ferrets, and other animals; reporting when local health department is closed

258.070 Mad dog to be ordered killed; fee; concealment prohibited--Repealed

258.075 Secretary for health and family services to administer rabies law

258.080 Dogs that may be killed by any person--Repealed

258.085 Quarantine of animals suspected of having rabies; destruction of animal in lieu of quarantine; head of animal suspected of being rabid to be sent to laboratory

258.087 Authorization to provide for more stringent regulation of rabies control

258.090 Poisoning dog prohibited; city ordinances not affected--Repealed

Animal Control Advisory Board

258.095 Definitions for KRS 258.095 to 258.500

258.100 - 115 Repealed

258.117 Animal Control Advisory Board; purpose; promulgation of administrative regulations; membership

258.119 Animal control and care fund; distribution of moneys; eligibility requirements

Licensing, Registration & Animal Control

258.120 - 130 Repealed

258.135 Establishment of dog licensing program by county or city ordinance

258.140 - 190 Repealed

258.195 Employment, appointment, or contract with animal control officers; establishment and maintenance of animal shelters; intergovernmental agreements; authority of animal control officers

258.200 - 210 Tag to be kept on dog; dog without tag prima facie unlicensed--Repealed

258.212 Tampering with or removal of domesticated animal's identification prohibited; exceptions; penalty

258.215 Seizure, impounding, and destruction of dog lacking rabies tag or other identification; holding period before destruction; notice to owner; reclamation of dog, cat, or ferret; fees; quarantine; exemption of hunting dog

258.220 Replacement of tag--Repealed

258.225 Peace officers and animal control officers required to perform duties; interference prohibited

258.230 Deputy sheriff may issue licenses; to make report and accounting--Repealed

Vicious Dogs & Dog Bite Provisions

258.235 Authority to kill or seize dog; return by court to owner of vicious dog; liability for damage; proceeding by person attacked by dog; disposition of dog after seizure; powers of animal control officer; vicious dog not to run at large

258.240 License for part of year--Repealed

258.245 Dogs with rabies vaccination and identification considered personal property; destruction prohibited

258.250 License not to be transferred from dog to another--Repealed

Confinement & Restraint Provisions

258.255 Confinement and control of female dog when in heat

258.260 Issuance of license when dog removed to another county--Repealed

258.265 Care and control of dog; destruction of dog running at large at night; exemption for hunting dogs

258.270 - 330 Repealed

258.335 False statements and concealment of facts prohibited

258.340 - 360 Repealed

258.365 Other state and local laws not affected

258.370 - 490 Repealed

Assistance Dog Provision

258.500 Persons with assistance dogs not to be denied accommodations, transportation, or elevator service; conditions; exemption from licensing fees denial of emergency medical treatment for assistance dog prohibited

Use of Gunshot as Euthanasia

258.505 Use of gunshot as euthanasia

Penalties

258.990 Penalties

258.991 Penalty

Chapter 150. Fish and Wildlife Resources.

150.390 Restrictions on hunting wild elk, deer, wild turkey, or bear; depredation permits; administrative regulations

 

 

258.005 Definitions for KRS 258.005 to 258.087

As used in KRS 258.005 to 258.087, unless the context requires otherwise:

(1) "Dog" means any canine three (3) months of age or older for which there exists a United States Department of Agriculture approved rabies vaccine;

(2) "Owner" means any person owning, keeping, or harboring a dog, cat, or ferret in Kentucky;

(3) "Veterinarian" means a licensed practitioner of veterinary medicine;

(4) "Qualified person" means a person granted a permit by the secretary for health and family services to vaccinate his own dog against rabies;

(5) "Vaccination" means the administration by a veterinarian or other qualified person of rabies vaccine approved by and administered in accordance with administrative regulations promulgated by the secretary for health and family services;

(6) "Cat" means any feline three (3) months of age or older for which there exists a United States Department of Agriculture approved rabies vaccine;

(7) "Animal control officer" means an individual who is employed or appointed by, or has contracted with:

(a) A city, county, urban-county, charter county, or consolidated local government to enforce the provisions of this chapter, the provisions of the Kentucky Revised Statutes relating to cruelty, mistreatment, or torture of animals, and local animal control ordinances; or

(b) An entity that has contracted with a city, county, urban-county, charter county, or consolidated local government to enforce the provisions of this chapter, the provisions of the Kentucky Revised Statutes relating to cruelty, mistreatment, or torture of animals, and local animal control ordinances;

(8) "Ferret" means any musteline three (3) months of age or older for which there exists a United States Department of Agriculture approved rabies vaccine; and

(9) "Quarantine" means the confinement of an animal for observation of clinical signs of illness indicating rabies infection, and the prevention of escape or contact with any person or other animal.

HISTORY: 2005 c 99, § 568, eff. 6-20-05; 2004 c 189, § 2, eff. 7-13- 04; 1998 c 426, § 514, eff. 7-15-98; 1978 c 37, § 1, eff. 6-17-78; 1954 c 119, § 1

 

258.010 Definitions--Repealed

 

258.015 Dogs, cats, and ferrets to be vaccinated against rabies; issuance and distribution of certificates; tags for dogs; requirements for compliance by qualified persons; cat and ferret owners; feral cats

(1) Every owner shall have his dog, cat, or ferret initially vaccinated against rabies by the age of four (4) months and revaccinated at the expiration of the immunization period as certified by the veterinarian. The veterinarian who vaccinates a dog, cat, or ferret shall issue to the owner a vaccination certificate on a form approved by the Cabinet for Health and Family Services. The vaccination certificate shall be prepared and issued in duplicate, one (1) copy to be retained by the issuing veterinarian and one (1) copy to be given to the owner of the dog, cat, or ferret vaccinated. Each certificate shall bear the name and address of the veterinarian who issued it. The veterinarian shall also furnish each dog owner with a rabies tag bearing a serial number corresponding to the vaccination certificate with the year of immunization. The tag shall be affixed to a collar or harness furnished by the owner and shall be worn by the dog for which the tag was issued. No one except the owner or his duly authorized agent shall remove the tag.

(2) Every qualified person who vaccinates his own dog shall comply with the vaccination certificate and tag requirement provisions of subsection (1) of this section.

(3) Every owner of a cat or ferret shall show proof of a valid rabies vaccination upon request of an animal control officer or peace officer.

(4) Any person with feral cats on his premises shall make a reasonable effort to capture or vaccinate the cats.

HISTORY: 2005 c 99, § 569, eff. 6-20-05; 2004 c 189, § 3, eff. 7-13- 04; 1998 c 426, § 515, eff. 7-15-98; 1978 c 37, § 2, eff. 6-17-78; 1954 c 119, § 2

 

258.020 Commissioner to enforce law--Repealed

HISTORY: 1954 c 119, § 41, eff. 6-17-54; 1942 c 208, § 1; KS 68b-32

 

258.025 Secretary may exempt dogs from vaccination--Repealed

HISTORY: 2004 c 189, § 31, eff. 7-13-04; 1978 c 37, § 3, eff. 6-17-78; 1954 c 119, § 3

 

258.030 Owner may be summoned to produce dog in court; bond--Repealed

HISTORY: 1954 c 119, § 41, eff. 6-17-54; 1942 c 208, § 1; KS 68b-29a, 68b-29a-2

 

258.035 Dog, cat, or ferret vaccinated in other state need not be revaccinated

Any owner who has had his dog, cat, or ferret vaccinated against rabies in another state by the proper authority shall not be required to have the dog, cat, or ferret revaccinated when brought into this state provided the requirements of the state under which the vaccination was made were of a standard not lower than those required in this state, and provided further that the dog wears a tag affixed to its collar or harness bearing the year of the vaccination and the owner of the cat or ferret shows proof of a valid rabies vaccination. One (1) year after the date of the vaccination, the dog, cat, or ferret shall be revaccinated unless provided otherwise by administrative regulations promulgated by the secretary for health and family services. The secretary for health and family services may promulgate administrative regulations governing the matter of reciprocity with other states.

HISTORY: 2005 c 99, § 570, eff. 6-20-05; 2004 c 189, § 4, eff. 7-13- 04; 1998 c 426, § 516, eff. 7-15-98; 1954 c 119, § 4, eff. 6-17-54

 

258.040 Proceedings against dog; dog may be ordered destroyed; county attorney's fee; record--Repealed

HISTORY: 1954 c 119, § 41, eff. 6-17-54; 1942 c 208, § 1; KS 68b-29a-1, 68b-29a-3

 

258.043 Mass immunization clinics

(1) A local health department may sponsor mass rabies immunization clinics and shall contract with local veterinarians to administer the rabies vaccine. If the services of veterinarians are not available in the area, the local health department may contract with other veterinarians. A reasonable fee to be charged to the owner of each dog, cat, or ferret shall be determined by the local health department, not to exceed five dollars ($5), to help defray the cost of the clinic.

(2) No owner shall be required to have his dog, cat, or ferret vaccinated at a public clinic if he elects to have his dog, cat, or ferret vaccinated privately by a veterinarian of his choice.

(3) No owner shall be required to have his dog vaccinated at a public clinic if he is a qualified person and elects to vaccinate his dog himself.

HISTORY: 2004 c 189, § 5, eff. 7-13-04; 1998 c 426, § 517, eff. 7-15- 98; 1994 c 260, § 1, eff. 7-15-94; 1978 c 37, § 4, eff. 6-17-78

 

258.045 Vaccination by veterinarians and other persons; fees--Repealed

HISTORY: 1978 c 37, § 7, eff. 6-17-78; 1954 c 119, § 5

 

258.050 Appeal to circuit court; bond--Repealed

HISTORY: 1954 c 119, § 41, eff. 6-17-54; 1942 c 208, § 1; KS 68b-29a-1, 68b-29a-2

 

258.055 Quarantine in case of rabies epidemic; emergency vaccinations

If a local board of health has reason to believe or has been notified by the Cabinet for Health and Family Services that there is danger that rabies may spread within the county, the board shall publish a notice requiring owners of specified animals in the affected area of the county to confine the animals for any periods that may be necessary to prevent the spread of rabies. If it is deemed advisable in the interest of public health, the local board of health shall order all specified animals in the affected area to be vaccinated against rabies, except animals that have been vaccinated within the past six (6) months under the provisions of KRS 258.005 to 258.087. If the local board fails or neglects to order a vaccination, the Cabinet for Health and Family Services shall do so. The Cabinet for Health and Family Services may aid the local health department in the execution of any emergency vaccinations.

HISTORY: 2005 c 99, § 571, eff. 6-20-05; 2004 c 189, § 6, eff. 7-13- 04; 1998 c 426, § 518, eff. 7-15-98; 1954 c 119, § 6, eff. 6-17-54

 

258.060 Commonwealth's and county attorney to prosecute case upon appeal-- Repealed

HISTORY: 1954 c 119, § 41, eff. 6-17-54; 1942 c 208, § 1; KS 68b-29a-3

 

258.065 Physicians to report persons bitten by dogs, cats, ferrets, and other animals; reporting when local health department is closed

(1) Except as provided in subsection (2) of this section, every physician shall, within twelve (12) hours after his first professional attendance of a person bitten by a dog, cat, ferret, or other animal, report to the local health department the name, age, sex, and precise location of the person so bitten. If a child is bitten and no physician attends, the report shall be made by his parents or guardian. If an adult is bitten and no physician attends, he or the person caring for him shall make the report.

(2) If the local health department is closed when a physician, parent, guardian, or other adult attends to a bitten person, the physician, parent, guardian, or other adult shall report the incident on the next working day of the health department.

HISTORY: 2004 c 189, § 7, eff. 7-13-04; 1954 c 119, § 7, eff. 6-17-54

 

258.070 Mad dog to be ordered killed; fee; concealment prohibited-- Repealed

HISTORY: 1954 c 119, § 41, eff. 6-17-54; 1942 c 208, § 1; KS 68a-9

 

258.075 Secretary for health and family services to administer rabies law

The secretary for health and family services may administer the provisions of KRS 258.005 to 258.087 through the local health departments and may promulgate any administrative regulations and employ such personnel as are necessary to effectuate the purposes of KRS 258.005 to 258.087.

HISTORY: 2005 c 99, § 572, eff. 6-20-05; 2004 c 189, § 8, eff. 7-13- 04; 1998 c 426, § 519, eff. 7-15-98; 1954 c 119, § 8, eff. 6-17-54

 

258.080 Dogs that may be killed by any person--Repealed

HISTORY: 1954 c 119, § 41, eff. 6-17-54; 1942 c 208, § 1; KS 68a-9, 68b-21, 68b-24

 

258.085 Quarantine of animals suspected of having rabies; destruction of animal in lieu of quarantine; exceptions; head of animal suspected of being rabid to be sent to laboratory

(1) (a) A health officer or his agent shall have the authority to quarantine for a period not to exceed:

1. One hundred eighty (180) days any animal bitten by another animal known or suspected to have rabies;

2. Ten (10) days any dog, cat, or ferret which has bitten a human being; or

3. Ten (10) days any dog, cat, or ferret which exhibits symptoms of rabies.

(b) In lieu of the quarantines provided in paragraph (a) of this subsection, a health officer or his agent may order an animal to be destroyed and tested for rabies.

(c) If a wild or exotic animal bites a human being or exhibits symptoms of rabies, that animal shall be destroyed and tested for rabies.

(d) Service animals, as defined in KRS 525.010, and service animals in training, that are vaccinated in accordance with KRS 258.015, are under the control of a law enforcement agency, and are acting in the line of duty, shall be exempt from the quarantine described in paragraph (a)2. of this subsection.

(2) If an animal dies with rabies, is suspected of having died with rabies, or is destroyed because of having been suspected of being rabid, the owner, if known, whether the animal had been previously quarantined or not, shall send the head of the animal to a laboratory approved by the secretary for health and family services to be tested for rabies.

(3) (a) The owner of any animal quarantined or tested under this section shall be liable for any expenses incurred as a result of the quarantine or testing.

(b) Any owner who destroys or disposes of an animal that has bitten a human being shall be liable for any rabies postexposure treatment if the animal is destroyed or disposed of in a manner that does not allow for rabies testing or quarantine.

CREDIT(S)

HISTORY: 2008 c 52, § 1, eff. 7-15-08; 2005 c 99, § 573, eff. 6-20-05; 2004 c 189, § 9, eff. 7-13-04; 1998 c 426, § 520, eff. 7-15-98; 1978 c 37, § 5, eff. 6-17-78; 1954 c 119, § 9

 

258.087 Authorization to provide for more stringent regulation of rabies control

Any city, county, urban-county, charter county, or consolidated local government may, by the adoption of an appropriate ordinance or resolution, provide for more stringent regulation of rabies control in dogs, cats, ferrets, and other animals than set forth in KRS 258.005 to 258.087.

HISTORY: 2004 c 189, § 10, eff. 7-13-04; 1978 c 37, § 6, eff. 6-17-78

 

258.090 Poisoning dog prohibited; city ordinances not affected--Repealed

HISTORY: 1954 c 119, § 41, eff. 6-17-54; 1942 c 208, § 1; KS 68a-8

 

258.095 Definitions for KRS 258.095 to 258.500

As used in KRS 258.095 to 258.500, unless the context requires otherwise:

(1) "Department" means the Department of Agriculture;

(2) "Commissioner" means the Commissioner of Agriculture;

(3) "Board" means the Animal Control Advisory Board created by KRS 258.117;

(4) "Dog" means any domestic canine, six (6) months of age or older;

(5) "Owner," when applied to the proprietorship of a dog, includes every person having a right of property in the dog and every person who keeps or harbors the dog, or has it in his care, or permits it to remain on or about premises owned or occupied by him;

(6) "Attack" means a dog's attempt to bite or successful bite of a human being. This definition shall not apply to a dog's attack of a person who has illegally entered or is trespassing on the dog owner's property in violation of KRS 511.060, 511.070, 511.080, or 511.090;

(7) "Vicious dog" means any individual dog declared by a court to be a vicious dog;

(8) "Animal control officer" means an individual who is employed or appointed by, or has contracted with:

(a) A city, county, urban-county, charter county, or consolidated local government to enforce the provisions of this chapter, the provisions of the Kentucky Revised Statutes relating to cruelty, mistreatment, or torture of animals, and local animal control ordinances; or

(b) An entity that has contracted with a city, county, urban-county, charter county, or consolidated local government to enforce the provisions of this chapter, the provisions of the Kentucky Revised Statutes relating to cruelty, mistreatment, or torture of animals, and local animal control ordinances;

(9) "Designated license facility" means any person, facility, or business designated by resolution of the governing body of the county to collect license fees under KRS 258.135;

(10) "Cat" means any domestic feline three (3) months of age or older;

(11) "Ferret" means any domestic musteline three (3) months of age or older;

(12) "Euthanasia" means the act of putting an animal to death in a humane manner by methods specified as acceptable for that species by the most recent report of the American Veterinary Medical Association Panel on Euthanasia, subject to the requirements provided by KRS 258.505;

(13) "Animal shelter" means any facility used to house or contain animals, operated or maintained by a governmental body, incorporated humane society, animal welfare society, society for the prevention of cruelty to animals, or other nonprofit organization;

(14) "Quarantine" means the confinement of an animal for observation of clinical signs of illness indicating rabies infection, and the prevention of escape or contact with any person or other animal;

(15) "Livestock" means poultry; ratites; and cervine, bovine, ovine, porcine, caprine, or equine animals that are privately owned and raised in a confined area for breeding stock, food, fiber, or other products; and

(16) "Poultry" means chickens, ducks, turkeys, or other domestic fowl.

HISTORY: 2004 c 189, § 11, eff. 7-13-04; 2000 c 179, § 1, eff. 7-14- 00; 1998 c 440, § 1, eff. 7-15-98; 1954 c 119, § 12, eff. 6-17-54

 

258.100 Owner may recover if his dog is illegally killed--Repealed

HISTORY: 1954 c 119, § 41, eff. 6-17-54; 1942 c 208, § 1; KS 68b-35

 

258.105 Enforcement by Commissioner of Agriculture; employment and powers of personnel--Repealed

HISTORY: 2004 c 189, § 31, eff. 7-13-04; 1954 c 119, § 13, eff. 6-17-54

 

258.110 Female dog not to be at large when in heat--Repealed

HISTORY: 1954 c 119, § 41, eff. 6-17-54; 1942 c 208, § 1; KS 68b-23

 

258.115 Advisory committee--Repealed

HISTORY: 2004 c 189, § 31, eff. 7-13-04; 1978 c 154, § 30, eff. 6-17-78; 1954 c 119, § 14

 

258.117 Animal Control Advisory Board; purpose; promulgation of administrative regulations; membership

(1) The Animal Control Advisory Board is hereby created for the purposes of evaluating applications for and reviewing disbursements from the animal control and care fund, creating training programs, and other duties relating to animal control and care in the counties of the Commonwealth. The Animal Control Advisory Board shall promulgate administrative regulations to carry out the provisions of this section.

(2) The advisory board shall be attached to the Kentucky Department of Agriculture for administrative purposes.

(3) The advisory board shall be composed of the following members appointed by the Governor as specified:

(a) Two (2) members selected from a list of three (3) submitted by the Kentucky Animal Control Association;

(b) Two (2) members selected from a list of three (3) submitted by the Kentucky Veterinary Medical Association;

(c) Two (2) members selected from a list of three (3) submitted by the Kentucky Farm Bureau;

(d) Two (2) members selected from a list of three (3) submitted by the Kentucky Association of Counties;

(e) Two (2) members selected from a list of three (3) submitted by the Kentucky Houndsmen Association; and

(f) Two (2) members selected from a list of three (3) submitted by the Kentucky League of Cities.

(4) Appointed members shall serve for a term of four (4) years. Vacancies shall be filled in the same manner as the original appointment for the unexpired portion of the term.

(5) Members of the advisory board shall receive one hundred dollars ($100) per day for attendance at meetings and shall be entitled to reimbursement for expenses incurred for travel. No per diem or travel expenses shall be paid except for meetings of the full advisory board.

(6) The advisory board shall elect one (1) of its members to serve as chair for a term of two (2) years.

(7) The advisory board shall meet quarterly or upon the call of the chair.

HISTORY: 2004 c 189, § 12, eff. 7-13-04; 1998 c 608, § 1, eff. 7-15-98

 

258.119 Animal control and care fund; distribution of moneys; eligibility requirements

(1) The "Animal Control and Care Fund" is hereby created as a special fund in the State Treasury. The fund may also receive gifts, grants from public and private sources, state appropriations, and federal funds. Any unalloted or unencumbered balances in this fund shall be invested as provided for in KRS 42.500(9). Income earned from the investments shall be credited to the fund. Any fund balance at the close of the fiscal year shall not lapse but shall be carried forward to the next fiscal year, and moneys in this fund shall be continuously appropriated only for the purposes specified in this section.

(2) Moneys from the fund shall be used by the Animal Control Advisory Board for board expenses, for the creation and support of statewide programs related to animal control and care, and for training animal control officers. "Statewide programs" includes, but is not limited to, the reimbursement of costs for preexposure rabies vaccinations for all animal control and care workers. When determining the distribution of the moneys relating to training, the need of the applicant shall be one (1) of the criteria considered by the board. Based on recommendations of the Animal Control Advisory Board, any moneys not expended under this subsection may be distributed annually as grants to counties with an established animal control and care program meeting the requirements of subsection (3) of this section or approved plan to establish an animal control and care program under subsection (4) of this section.

(3) As used in this section, "animal control and care program" means a program in which the county:

(a) Employs, appoints, or contracts with an animal control officer, or contracts with an entity that employs, appoints, or contracts with an animal control officer, as required by KRS 258.195, who is a high school graduate and has completed the training requirements set forth by the Animal Control Advisory Board; and

(b) Maintains an animal shelter, enters into an intergovernmental agreement for the establishment of a regional animal shelter, or contracts with an entity authorized to maintain sheltering and animal control services, to provide services that:

1. Segregate male and female animals by species in runs and holding areas;

2. Provide separate runs or holding areas for ill or injured animals. An ill or injured animal shall be treated with proper veterinary care or euthanized;

3. Provide quarantine for dogs and cats presented to the shelter when quarantine by the owner is not feasible or desirable, the cost of quarantine to be borne by the animal owner at the shelter's regular housing costs and fees. Quarantined dogs and cats shall be held in isolation for observation of symptoms of rabies for a period of ten (10) days from the date the dog or cat bit a person. If the dog or cat dies or is euthanized while in quarantine, it shall be submitted to the local health department for testing for the presence of the rabies virus. The cost of the testing shall be borne by the animal owner or the local health department may bear the cost at its discretion;

4. Provide holding areas with protection from the weather, including heated quarters during cold weather. Holding areas shall be free of debris or standing water; shall provide adequate lighting, ventilation, and sanitary conditions to promote a safe, healthy environment; and shall provide adequate space to allow for normal movement, including standing to full height, sitting, turning, and lying down in a natural position without coming in contact with the top or sides of the enclosure or another animal;

5. Provide runs and cages built of materials which can be readily cleaned and disinfected, including floors made of an impervious material;

6. Provide access to the public for no less than twenty-four (24) hours in one (1) week, with the hours that the facility is open to the public posted in a visible location;

7. Employ euthanasia methods specified as acceptable for that species by the most recent report of the American Veterinary Medical Association Panel on Euthanasia;

8. Provide potable, uncontaminated water to every animal at all times, and palatable, uncontaminated food daily; and

9. Maintain a record on each animal impounded. Records shall be maintained for a period of two (2) years and shall include:

a. Date impounded;

b. Location found or picked up;

c. Sex of animal and spay or neuter status, if known;

d. Breed or description, and color; and

e. Date reclaimed, adopted, or euthanized.

(4) Counties submitting plans proposing to establish an animal control and care program for approval by the Animal Control Advisory Board shall comply with the requirements of:

(a) Paragraph (a) of subsection (3) of this section within twelve (12) months of the date the documentation is submitted; and

(b) Paragraph (b) of subsection (3) of this section within twenty-four (24) months of the date the documentation is submitted.

(5) To be eligible for any moneys distributed as grants to counties under subsection (2) of this section, counties shall submit an application to the commissioner, on a form prescribed by the Department of Agriculture, by July 15 of each year. Moneys shall be used for construction, equipment, educational supplies, and other uses or programs approved by the advisory board, but shall not be used to increase wages of animal control officers or other personnel. Counties receiving money from the Department of Agriculture shall comply with the terms of the plan or program. If the terms of the plan or program are not complied with, the county shall refund the money to the Department of Agriculture.

HISTORY: 2004 c 189, § 13, eff. 7-13-04; 2000 c 179, § 2, eff. 7-14- 00; 1998 c 608, § 2, eff. 7-15-98

 

258.120 Sheriff to impound dogs, when; seizure of unlicensed dogs--Repealed

HISTORY: 1954 c 119, § 41, eff. 6-17-54; 1942 c 208, § 1; KS 68b-18

 

258.121 Animal shelter trust fund; allocation of moneys--Repealed

HISTORY: 2000 c 179, § 6, eff. 7-14-00; 1998 c 608, § 3, eff. 7-15-98

 

258.125 Livestock fund created; expenditures; reversion of excess-- Repealed

HISTORY: 2004 c 189, § 31, eff. 7-13-04; 1954 c 119, § 15, eff. 6-17-54

 

258.130 Impounded dog to be sold or destroyed; disposition of sale moneys-- Repealed

HISTORY: 1954 c 119, § 41, eff. 6-17-54; 1942 c 208, § 1; KS 68b-19

 

258.135 Establishment of dog licensing program by county or city ordinance

(1) The governing body of each county may establish an animal licensing program by ordinance. It shall be the responsibility of each county to administer and enforce its licensing program.

(2) In addition to the licensing program provided in subsection (1) of this section, any city may establish an animal licensing program by ordinance. It shall be the responsibility of the city to administer and enforce its licensing program.

HISTORY: 2004 c 189, § 14, eff. 7-13-04; 2000 c 179, § 3, eff. 7-14- 00; 1998 c 440, § 12, c 163, § 3, eff. 7-15-98; 1990 c 385, § 1, eff. 7-13-90; 1954 c 119, § 16

 

258.140 Fees for keeping and impounding dogs--Repealed

HISTORY: 1954 c 119, § 41, eff. 6-17-54; 1942 c 208, § 1; KS 68b-19

 

258.145 Licenses and tags; tattooing of dogs; tag to be affixed to collar; burden of proof of license--Repealed

HISTORY: 2004 c 189, § 31, eff. 7-13-04; 1954 c 119, § 17, eff. 6-17-54

 

258.150 Keeping unlicensed dog prohibited--Repealed

HISTORY: 1954 c 119, § 41, eff. 6-17-54; 1942 c 208, § 1; KS 68b-17, 68b-22

 

258.155 License for part of year--Repealed

HISTORY: 2004 c 189, § 31, eff. 7-13-04; 1954 c 119, § 18, eff. 6-17-54

 

258.160 Dogs temporarily in state need not be licensed--Repealed

HISTORY: 1954 c 119, § 41, eff. 6-17-54; 1942 c 208, § 1; KS 68b-13

 

258.165 Kennel licenses and tags--Repealed

HISTORY: 2004 c 189, § 31, eff. 7-13-04; 1970 c 92, § 80, eff. 6-18-70; 1958 c 126, § 33; 1954 c 119, § 19

 

258.170 Dog licenses; application; fees--Repealed

HISTORY: 1954 c 119, § 41, eff. 6-17-54; 1942 c 208, § 1; KS 68b-4

 

258.175 Dogs to be kept in kennel--Repealed

HISTORY: 2004 c 189, § 31, eff. 7-13-04; 1954 c 119, § 20, eff. 6-17-54

 

258.180 Form and duration of license--Repealed

HISTORY: 1954 c 119, § 41, eff. 6-17-54; 1942 c 208, § 1; KS 68b-5

 

258.185 Records of dog and kennel licenses--Repealed

HISTORY: 2004 c 189, § 31, eff. 7-13-04; 2000 c 179, § 4, eff. 7-14- 00; 1954 c 119, § 21, eff. 6-17-54

 

258.190 Form of tag--Repealed

HISTORY: 1954 c 119, § 41, eff. 6-17-54; 1942 c 208, § 1; KS 68b-6

 

258.195 Employment, appointment, or contract with animal control officers; establishment and maintenance of animal shelters; intergovernmental agreements; authority of animal control officers

(1) The governing body of each county shall employ, appoint, or contract with an animal control officer, or shall contract with an entity that employs, appoints, or contracts with an animal control officer, and shall establish and maintain an animal shelter as a means of facilitating and administering KRS 258.095 to 258.500. One (1) or more counties may enter into intergovernmental agreements for the establishment of regional animal shelters, or may contract with entities authorized to maintain sheltering and animal control services. Animal shelters shall meet the standards provided by KRS 258.119(3)(b) within three (3) years after July 13, 2004. Governing bodies may adopt additional standards and ordinances related to public health, safety, enforcement, and the efficient and appropriate operation of their shelters and their animal control programs.

(2) Cities may employ, appoint, or contract with animal control officers, or may contract with an entity that employs, appoints, or contracts with animal control officers, for the enforcement of this chapter and local animal control ordinances within their corporate limits. Cities may enter into agreements with the counties for the enforcement of the county's animal control ordinances. The agreement shall include, but shall not necessarily be limited to, setting out the jurisdiction and the duties of the animal control officer respective to the agreement.

(3) Animal control officers shall have the authority to issue uniform citations, local citations, or local notices for the enforcement of the provisions of this chapter, the provisions of the Kentucky Revised Statutes relating to cruelty, mistreatment, or torture of animals, and animal control ordinances in their respective jurisdictions.

HISTORY: 2004 c 189, § 15, eff. 7-13-04; 1998 c 440, § 2, eff. 7-15- 98; 1954 c 119, § 22, eff. 6-17-54

 

258.200 Tag to be kept on dog; dog without tag prima facie unlicensed-- Repealed

HISTORY: 1954 c 119, § 41, eff. 6-17-54; 1942 c 208, § 1; KS 68b-5, 68b-31

 

258.205 Dog temporarily in state need not be licensed; burden of proof-- Repealed

HISTORY: 2004 c 189, § 31, eff. 7-13-04; 1954 c 119, § 23, eff. 6-17-54

 

258.210 Removal of tag prohibited--Repealed

HISTORY: 1954 c 119, § 41, eff. 6-17-54; 1942 c 208, § 1; KS 68b-22

 

258.212 Tampering with or removal of domesticated animal's identification prohibited; exceptions; penalty

(1) No person other than the owner shall tamper with or remove without permission an identification tag, chip, locator, or electronic tracking device from a domesticated animal of any age, including but not limited to a hound or dog used in the sport of hunting.
 
(2) Subsection (1) of this section shall not apply to a person removing an identification tag, chip, locator, or electronic tracking device if the removal is:
(a) Necessary to prevent or treat an injury to the animal;
(b) Done by a law enforcement officer or animal control officer for a legitimate purpose; or
(c) Done with the written permission of the owner of the animal.
 
(3) Any person who violates the provisions of this section shall be guilty of a Class A misdemeanor.
 
CREDIT(S)

HISTORY: 2009 c 21, § 1, eff. 6-25-09

 

258.215 Seizure, impounding, and destruction of dog lacking rabies tag or other identification; holding period before destruction; notice to owner; reclamation of dog, cat, or ferret; fees; quarantine; exemption of hunting dog

(1) Peace officers or animal control officers shall seize and impound any dog which does not bear a valid rabies tag or other legible identification which is found running at large. Any dog which an officer or animal control officer seizes shall be impounded in the designated animal shelter of the county and confined in a humane manner. If, after a reasonable effort, the seizure of an unrestrained dog cannot be made, or the dog presents a hazard to public safety or property or has an injury or physical condition which causes the dog to suffer, the animal control officer or peace officer may immediately destroy the dog by the most reasonable and humane means then available.

(2) (a) Impounded dogs shall be kept for not less than five (5) days, unless reclaimed by their owners. Dogs not reclaimed and those not placed in suitable new homes may be humanely euthanized after the five (5) day holding period, unless the dog has an injury or physical condition which causes it to suffer. In those cases the animal shelter may immediately euthanize the dog, and if a human being has been bitten by the dog, the dog shall be tested for rabies.

(b) If an owner is identified, the impounding agency shall immediately notify the owner of the impoundment by the most expedient means available.

(c) Any animal shelter, public or private, which takes in stray animals and does not have regular hours for public access, shall post semimonthly either in a local newspaper or the newspaper with the highest circulation in the county, the shelter location, hours of operation, the period that impounded animals shall be held, and a contact number.

(3) Upon reclaiming an impounded dog, cat, or ferret, the owner shall show proof of a valid rabies vaccination. If proof of the vaccination cannot be provided, the owner shall purchase a vaccination voucher from the animal shelter. The voucher shall be valid for ten (10) days from the date of issuance and shall be used in the prescribed time period. The animal shelter shall reimburse the veterinarian for the amount of the voucher upon presentation to the shelter by the administering veterinarian.

(4) The owner of an impounded animal is responsible for all fees associated with the impoundment of the animal. If the owner can be identified, the fees are due even if the owner does not reclaim the animal.

(5) Dogs, cats, or ferrets which have bitten a person shall be maintained in quarantine by the owner for ten (10) days from the date of the bite. Owners who fail to properly quarantine their animals shall be subject to a citation for violation of this subsection and the dog, cat, or ferret shall be removed to the animal shelter for the remainder of the quarantine period. The owner shall be responsible for all associated fees of the quarantine and impoundment.

(6) A hound or other hunting dog which has been released from confinement for hunting purposes shall be deemed to be under reasonable control of its owner or handler while engaged in or returning from hunting, and, if a hunting dog becomes temporarily lost from a pack or wanders from actual control or sight of its owner or handler, the owner or handler shall not be deemed to be in violation of the provisions of this section as a result of the dog's having become temporarily lost or having wandered from immediate control or sight of the owner or handler.

HISTORY: 2004 c 189, § 16, eff. 7-13-04; 2000 c 179, § 5, eff. 7-14- 00; 1998 c 440, § 3, eff. 7-15-98; 1954 c 119, § 24, eff. 6-17-54

 

258.220 Replacement of tag--Repealed

HISTORY: 1954 c 119, § 41, eff. 6-17-54; 1942 c 208, § 1; KS 68b-6

 

258.225 Peace officers and animal control officers required to perform duties; interference prohibited

(1) It shall be unlawful for any peace officer or animal control officer to refuse to perform his duties under the provisions of this chapter.

(2) It shall be unlawful for any person to interfere with any peace officer, animal control officer, or agent in the enforcement of this chapter.

HISTORY: 2004 c 189, § 17, eff. 7-13-04; 1998 c 440, § 4, eff. 7-15- 98; 1954 c 119, § 25, eff. 6-17-54

 

258.230 Deputy sheriff may issue licenses; to make report and accounting-- Repealed

HISTORY: 1954 c 119, § 41, eff. 6-17-54; 1942 c 208, § 1; KS 68b-7

 

258.235 Authority to kill or seize dog; return by court to owner of vicious dog; liability for damage; proceeding by person attacked by dog; disposition of dog after seizure; powers of animal control officer; vicious dog not to run at large

(1) Any person, without liability, may kill or seize any dog which is observed attacking any person.

(2) Any livestock owner or his agent, without liability, may kill any dog trespassing on that owner's property and observed in the act of pursuing or wounding his livestock.

(3) Any dog determined to be vicious by a court and allowed to be returned to an owner shall be confined in a locked enclosure at least seven (7) feet high or a locked kennel run with a secured top. The dog may leave the enclosure only to visit the veterinarian or to be turned in to an animal shelter. The dog shall be muzzled if leaving the enclosure for either of these purposes.

(4) Any owner whose dog is found to have caused damage to a person, livestock, or other property shall be responsible for that damage.

(5) (a) Any person who has been attacked by a dog, or anyone acting on behalf of that person, may make a complaint before the district court, charging the owner or keeper of the dog with harboring a vicious dog. A copy of the complaint shall be served upon the person so charged in the same manner and subject to the laws regulating the service of summons in civil actions directing him to appear for a hearing of the complaint at a time fixed in the complaint. If the person fails to appear at the time fixed, or if upon a hearing of the parties and their witnesses, the court finds the person so charged is the owner or keeper of the dog in question, and that the dog has viciously and without cause, attacked a human being when off the premises of the owner or keeper, the person shall be subject to the penalties set forth in KRS 258.990(3)(b), and the court shall further order the owner or keeper to keep the dog securely confined as provided by subsection (3) of this section, or the court may order the dog to be destroyed.

(b) The animal control officer shall act as an officer of the court for the enforcement of any orders of the court in his jurisdiction pertaining to this subsection.

(6) For his services in the proceedings, a peace officer shall be entitled to the same fees to which he is entitled for performing similar services in civil cases. In all proceedings under this section, the court shall place the costs upon either party as it may determine.

(7) It shall be unlawful for the owner or keeper of any vicious dog, after receiving an order under subsection (5) of this section, to permit the dog to run at large, or to appear in public except as provided in subsection (3) of this section. Any vicious dog found running at large may be killed by any animal control officer or peace officer without liability for damages for the killing.

HISTORY: 2004 c 189, § 18, eff. 7-13-04; 1998 c 440, § 5, eff. 7-15- 98; 1976 ex s, c 14, § 223, eff. 1-2-78; 1954 c 119, § 26

 

258.240 License for part of year--Repealed

HISTORY: 1954 c 119, § 41, eff. 6-17-54; 1942 c 208, § 1; KS 68b-8

 

258.245 Dogs with rabies vaccination and identification considered personal property; destruction prohibited

All dogs that have a valid rabies vaccination and bear identification are hereby declared to be personal property and subjects of larceny. Except as provided in KRS 258.235, it shall be unlawful for any person except a peace officer or animal control officer to destroy, or attempt to destroy, any dog that bears identification.

HISTORY: 2004 c 189, § 19, eff. 7-13-04; 2003 c 181, § 3, eff. 6-24- 03; 1998 c 440, § 6, eff. 7-15-98; 1954 c 119, § 27, eff. 6-17-54

 

258.250 License not to be transferred from dog to another--Repealed

HISTORY: 1954 c 119, § 41, eff. 6-17-54; 1942 c 208, § 1; KS 68b-9

 

258.255 Confinement and control of female dog when in heat

Every female dog in heat shall be confined in a building or secure enclosure in such a manner that the female dog cannot come in contact with a male dog except for a planned breeding.

HISTORY: 2004 c 189, § 20, eff. 7-13-04; 1954 c 119, § 28, eff. 6-17-54

 

258.260 Issuance of license when dog removed to another county--Repealed

HISTORY: 1954 c 119, § 41, eff. 6-17-54; 1942 c 208, § 1; KS 68b-10

 

258.265 Care and control of dog; destruction of dog running at large at night; exemption for hunting dogs

(1) An owner shall exercise proper care and control of his dog to prevent the dog from violating any local government nuisance ordinance.

(2) Any peace officer or animal control officer may seize or destroy any dog found running at large between the hours of sunset and sunrise and unaccompanied and not under the control of its owner or handler. A peace officer or animal control officer shall be under a duty to make a fair and reasonable effort to determine whether any dog found at large between sunset and sunrise is a hound or other hunting dog which has become lost temporarily from a pack or wandered from immediate control of its owner, or handler, and if he is reasonably sure that the dog is a hunting dog, then he shall not destroy the dog, unless it is found in the act of pursuing or wounding livestock, or wounding or killing poultry, or attacking human beings.

(3) A hound or hunting dog may be unrestrained when engaged in lawful hunting activities while on private or public property designated or authorized for that purpose.

HISTORY: 2004 c 189, § 21, eff. 7-13-04; 1998 c 440, § 7, eff. 7-15- 98; 1954 c 119, § 29, eff. 6-17-54

 

258.270 Kennel licenses; application; form; fees--Repealed

HISTORY: 1954 c 119, § 41, eff. 6-17-54; 1942 c 208, § 1; KS 68b-11

 

258.275 Liability for property loss or injury by dog or coyote; procedures for enforcing claims for damages--Repealed

HISTORY: 2004 c 189, § 31, eff. 7-13-04; 1988 c 63, § 1, eff. 7-15-88; 1978 c 39, § 1; 1954 c 119, § 30

 

258.280 Kennel license tags; to be kept on dog--Repealed

HISTORY: 1954 c 119, § 41, eff. 6-17-54; 1942 c 208, § 1; KS 68b-11, 68b-12

 

258.285 Payments from livestock fund; subrogation of claimant's rights-- Repealed

HISTORY: 2004 c 189, § 31, eff. 7-13-04; 1988 c 63, § 2, eff. 7-15-88; 1954 c 119, § 31

 

258.290 Dogs to be kept in kennel--Repealed

HISTORY: 1954 c 119, § 41, eff. 6-17-54; 1942 c 208, § 1; KS 68b-11, 68b-12

 

258.295 Payment by dog owner bars payment from livestock fund; maximum sums for certain livestock and poultry; appraisal value--Repealed

HISTORY: 2004 c 189, § 31, eff. 7-13-04; 1988 c 63, § 3, eff. 7-15-88; 1954 c 119, § 32

 

258.300 County tax commissioner to list dogs; fee; reports--Repealed

HISTORY: 1954 c 119, § 41, eff. 6-17-54; 1942 c 208, § 1; KS 68b-16

 

258.305 Compensation of dog owner where licensed dog is killed--Repealed

HISTORY: 2004 c 189, § 31, eff. 7-13-04; 1998 c 440, § 8, eff. 7-15- 98; 1954 c 119, § 33, eff. 6-17-54

 

258.310 Sheriff to keep record of licenses and transfers of dogs--Repealed

HISTORY: 1954 c 119, § 41, eff. 6-17-54; 1942 c 208, § 1; KS 68b-14

 

258.315 Validity and payment of claims for loss or damage under prior law-- Repealed

HISTORY: 1968 c 152, § 168, eff. 6-13-68; 1954 c 119, § 34

 

258.320 County livestock fund; sheriff to keep record of collections-- Repealed

HISTORY: 1954 c 119, § 41, eff. 6-17-54; 1942 c 208, § 1; KS 68b-15, 68b-19, 68b-33

 

258.325 Confinement and destruction of dog found to have caused loss or damage to livestock, persons, or poultry; harborer of unlicensed dog forfeits rights in livestock fund--Repealed

HISTORY: 2004 c 189, § 31, eff. 7-13-04; 1998 c 440, § 9, eff. 7-15- 98; 1954 c 119, § 35, eff. 6-17-54

 

258.330 Sheriff to turn over six percent of license moneys to commissioner-- Repealed

HISTORY: 1954 c 119, § 41, eff. 6-17-54; 1942 c 208, § 1; KS 68b-32

 

258.335 False statements and concealment of facts prohibited

It shall be unlawful for any person knowingly to make any false statement or to conceal any fact required to be disclosed under any of the provisions of this chapter.

HISTORY: 1954 c 119, § 36, eff. 6-17-54

 

258.340 County may aid when fund insufficient; surplus to be paid to school fund--Repealed

HISTORY: 1954 c 119, § 41, eff. 6-17-54; 1942 c 208, § 1; KS 68b-27, 68b-29, 68b-37

 

258.345 Quarantine of dogs in case of excessive damage to livestock, poultry, or domestic game birds; destruction of dogs in violation of quarantine--Repealed

HISTORY: 2004 c 189, § 31, eff. 7-13-04; 1998 c 440, § 10, eff. 7-15- 98; 1966 c 239, § 177, eff. 6-16-66; 1954 c 119, § 37

 

258.350 Sheriff's fee for issuing licenses--Repealed

HISTORY: 1954 c 119, § 41, eff. 6-17-54; 1942 c 208, § 1; KS 68b-15

 

258.355 Nonliability of state for losses, injuries or destruction of livestock, poultry or dogs except claims arising after June 30, 1954--Repealed

HISTORY: 2004 c 189, § 31, eff. 7-13-04; 1956 c 120, § 1, eff. 2-27-56; 1954 c 119, § 38

 

258.360 Sheriff to make annual report to commissioner--Repealed

HISTORY: 1954 c 119, § 41, eff. 6-17-54; 1942 c 208, § 1; KS 68b-36a

 

258.365 Other state and local laws not affected

Nothing in this chapter shall be construed to prohibit or limit the right of any governing body to pass or enforce any ordinance with respect to the regulation of dogs or other animals, the provisions of which are not inconsistent with the provisions of this chapter. Nothing in this chapter shall be construed to repeal any of the provisions of the fish and game laws of the Commonwealth of Kentucky now in effect, nor any laws relating to the powers and duties of the secretary for health and family services, or any health officer relating to rabid animals or animals affected with any disease, or to prohibit the destroying of any animal in accordance with the provisions of any quarantine regulations, made in accordance with the provisions of any local or state health law.

HISTORY: 2005 c 99, § 574, eff. 6-20-05; 2004 c 189, § 22, eff. 7-13- 04; 1998 c 426, § 521, eff. 7-15-98; 1954 c 119, § 39, eff. 6-17-54

 

258.370 Appointment of dog license collector by fiscal court--Repealed

HISTORY: 1954 c 119, § 41, eff. 6-17-54; 1944 c 114; 1942 c 208, § 1; KS 68c-1

 

258.380 License collector's term; removal--Repealed

HISTORY: 1954 c 119, § 41, eff. 6-17-54; 1944 c 114; 1942 c 208, § 1; KS 68c-5

 

258.390 Bond of license collector--Repealed

HISTORY: 1954 c 119, § 41, eff. 6-17-54; 1944 c 114; 1942 c 208, § 1; KS 68c-4

 

258.400 Compensation of license collector; disposition of license moneys-- Repealed

HISTORY: 1954 c 119, § 41, eff. 6-17-54; 1944 c 114; 1942 c 208, § 1; KS 68c-3

 

258.410 Functions of dog license collector--Repealed

HISTORY: 1954 c 119, § 41, eff. 6-17-54; 1944 c 114; 1942 c 208, § 1; KS 68c-2

 

258.420 Liability of owner of dog injuring livestock; county to indemnify livestock owner, when--Repealed

HISTORY: 1954 c 119, § 41, eff. 6-17-54; 1942 c 208, § 1; KS 68b-25

 

258.430 Appraisal of livestock injured by dog--Repealed

HISTORY: 1954 c 119, § 41, eff. 6-17-54; 1942 c 208, § 1; KS 68b-25

 

258.440 Maximum amounts to be paid for livestock--Repealed

HISTORY: 1954 c 119, § 41, eff. 6-17-54; 1942 c 208, § 1; KS 68b-28

 

258.450 Judge to make certificate of appraisal; confirmation by fiscal court--Repealed

HISTORY: 1954 c 119, § 41, eff. 6-17-54; 1942 c 208, § 1; KS 68b-26

 

258.460 Fiscal court to deliver papers to claimant; claimant to deliver them to sheriff--Repealed

HISTORY: 1954 c 119, § 41, eff. 6-17-54; 1942 c 208, § 1; KS 68b-26

 

258.470 Sheriff to draw warrant for payment; certification by judge-- Repealed

HISTORY: 1954 c 119, § 41, eff. 6-17-54; 1942 c 208, § 1; KS 68b-27

 

258.480 Claims to continue until paid in full--Repealed

HISTORY: 1954 c 119, § 41, eff. 6-17-54; 1942 c 208, § 1; KS 68b-29

 

258.490 Making of false statements prohibited--Repealed

HISTORY: 1954 c 119, § 41, eff. 6-17-54; 1942 c 208, § 1; KS 68b-30

 

258.500 Persons with assistance dogs not to be denied accommodations, transportation, or elevator service; conditions; exemption from licensing fees; denial of emergency medical treatment for assistance dog prohibited

(1) As used in subsections (1) to (11) of this section, "person" means a "person with a disability" as defined by KRS 210.770. "Person" also includes a trainer of an assistance dog.

(2) If a person is accompanied by an assistance dog, neither the person nor the dog shall be denied admittance to any hotel, motel, restaurant, or eating establishment, nor shall the person be denied full and equal accommodations, facilities, and privileges of all public places of amusement, theater, or resort when accompanied by an assistance dog.

(3) Any person accompanied by an assistance dog shall be entitled to full and equal accommodations on all public transportation, if the dog does not occupy a seat in any public conveyance, nor endanger the public safety.

(4) No person shall be required to pay additional charges or fare for the transportation of any accompanying assistance dog.

(5) No person accompanied by an assistance dog shall be denied admittance and use of any public building, nor denied the use of any elevator operated for public use.

(6) Any person accompanied by an assistance dog may keep the dog in his immediate custody while a tenant in any apartment, or building used as a public lodging.

(7) All trainers accompanied by an assistance dog shall have in their personal possession identification verifying that they are trainers of assistance dogs.

(8) The provisions of this section shall not apply unless the person complies with the legal limitations applicable to nondisabled persons and unless all requirements of KRS 258.015 and 258.135 have been complied with.

(9) Assistance dogs are exempt from all state and local licensing fees.

(10) Licensing authorities shall accept that the dog for which the license is sought is an assistance dog if the person requesting the license is a person with a disability or the trainer of the dog.

(11) Emergency medical treatment shall not be denied to an assistance dog assigned to a person regardless of the person's ability to pay prior to treatment.

(12) No person shall willfully or maliciously interfere with an assistance dog or the dog's user.

HISTORY: 2007 c 48, § 1, eff. 6-26-07; 2004 c 189, § 23, eff. 7-13- 04; 2002 c 94, § 2, eff. 7-15-02; 1998 c 163, § 1, eff. 7-15-98; 1990 c 44, § 1, eff. 7-13-90; 1982 c 44, § 1; 1978 c 184, § 1; 1970 c 92, § 81; 1966 c 118, § 1 to 4

 

258.505 Use of gunshot as euthanasia

Gunshot shall not be used as a routine method of euthanasia in animal shelter settings. This prohibition shall not apply in animal shelter settings if an animal presents a threat to the health or safety of anyone lawfully on the premises of the shelter. The prohibition against gunshot shall also not apply to peace officers or animal control officers outside animal shelter situations if an animal:

(1) Cannot be seized;

(2) Presents a threat to the health or safety of the general public; or

(3) Has an injury or physical condition which causes the animal to suffer.

HISTORY: 2004 c 189, § 1, eff. 7-13-04

 

Penalties

258.990 Penalties

(1) Any person who violates KRS 258.015, 258.035, 258.055, 258.065, or 258.085 shall be fined not less than ten dollars ($10) nor more than one hundred dollars ($100). Each day of violation shall constitute a separate offense.

(2) The owner of any dog, cat, or ferret which bites a human being shall be liable to pay all damages for personal injuries resulting from the bite of the dog, cat, or ferret.

(3) (a) Any person violating or failing or refusing to comply with KRS 258.095 to 258.365, except KRS 258.235(5)(a), shall, upon conviction, be fined not less than five dollars ($5) nor more than one hundred dollars ($100) , or be imprisoned in the county jail for not less than five (5) nor more than sixty (60) days, or both.

(b) Any person violating KRS 258.235(5)(a) shall be punished by a fine of not less than fifty dollars ($50) nor more than two hundred dollars ($200), or by imprisonment in the county jail for not less than ten (10) nor more than sixty (60) days, or both.

(4) All fines collected under subsection (3) of this section shall after costs and commissions have been deducted, be paid to the department to be credited to the animal control and care fund.

HISTORY: 2004 c 189, § 24, eff. 7-13-04; 1998 c 440, § 11, eff. 7-15- 98; 1958 c 126, § 34, eff. 6-19-58; 1954 c 119, § 11, 40, 41; 1942 c 208, § 1; KS 68a-8, 68a-9, 68b-20, 68b-33

 

258.991 Penalty

Any person violating KRS 258.500(2), (3), (4), (5), (6), (11), or (12) shall be punished by a fine of not less than two hundred and fifty dollars ($250), nor more than one thousand dollars ($1,000), or by imprisonment in the county jail for not less than ten (10) nor more than thirty (30) days, or both. No person shall be charged with a violation of KRS 258.500(2), (3), (4), (5), (6), (11), or (12) if the requirements of KRS 258.500(7) are not met.

CREDIT(S)

HISTORY: 2007 c 48, § 2, eff. 6-26-07; 2002 c 94, § 3, eff. 7-15-02; 1998 c 163, § 2, eff. 7-15-98; 1966 c 118, § 5, eff. 6-16-66

 

Title XII. Conservation and State Development. Chapter 150. Fish and Wildlife Resources.

150.390 Restrictions on hunting wild elk, deer, wild turkey, or bear; depredation permits; administrative regulations

(1) No person shall possess, take, pursue, or attempt to take or pursue or otherwise molest any wild elk, deer, wild turkey, or bear in any manner contrary to any provisions of this chapter or its regulations.
 
(2) No person shall use a dog to chase or molest wild elk or deer in any manner, at any time, or at any place. Any conservation officer, peace officer, sheriff, or constable may take necessary steps to stop, prevent, or bring under control any dog or dogs found chasing or molesting wild elk or deer at any time.
 
(3) The department shall establish by administrative regulation the conditions under which depredation permits may be issued without cost to persons suffering damage from wild elk to allow the taking of wild elk.
 
(4) If Kentucky's wild elk population reaches a level that will sustain limited hunting, the department may establish by administrative regulations the conditions and permits that would allow the controlled taking of wild elk.
 
CREDIT(S)

HISTORY: 1998 c 24, § 1, eff. 3-4-98; 1990 c 474, § 7, eff. 7-13-90; 1988 c 365, § 10; 1986 c 265, § 18; 1978 c 181, § 1; 1968 c 38, § 21; 1956 c 115, § 17; 1952 c 200, § 52; 1942 c 68, § 40, c 208, § 1; KS 1954d-61



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