Full Statute Name:  Consolidated Assistance Animal/Guide Dog Laws

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Primary Citation:  KRS §§ 525.010 - 220; 258.500, 258.991; 189.575; § 383.085 Country of Origin:  United States Last Checked:  September, 2018 Alternate Citation:  KY ST § 525.010 - 220; 258.500, 258.991; 189.575; § 383.085
Summary:

The following statutes comprise the state's relevant assistance animal and guide dog laws.

Baldwin's Kentucky Revised Statutes Annotated. Title XVI. Motor Vehicles. Chapter 189. Traffic Regulations; Vehicle Equipment and Storage

189.575 Yielding right-of-way to blind pedestrian

Title XXI. Agriculture and Animals. Chapter 258. Animal Control and Protection

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

Penalties

258.991 Penalties

Title XXXII. Ownership and Conveyance of Property. Chapter 383. Landlord and Tenant

383.085 Assistance animals; reasonable accommodations in dwellings; limitation of liability; penalty for misrepresentation of an assistance animal

Title L. Kentucky Penal Code. Chapter 525. Riot, Disorderly Conduct, and Related Offenses .

525.010 Definitions for chapter

525.200 Assault on a service animal in the first degree; definition

525.205 Assault on a service animal in the second degree

525.210 Duty status of service animal not a factor in application of KRS 525.200 and 525.205

525.215 Defendant's liability for damages upon conviction of assault on a service animal

525.220 Bars and defenses to conviction of assault on a service animal

Exemption from quarantine of animals suspected of having rabies

 

 

Title XVI. Motor Vehicles. Chapter 189. Traffic Regulations; Vehicle Equipment and Storage

189.575 Yielding right-of-way to blind pedestrian

The operator of a vehicle shall yield the right-of-way to any blind pedestrian carrying a clearly visible white cane or accompanied by an assistance dog.

HISTORY: 2002 c 94, § 1, eff. 7-15-02; 1978 c 46, § 9, eff. 6-17-78; 1950 c 48, § 1 to 3

 

Title XXI. Agriculture and Animals. Chapter 258. Animal Control and Protection

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

 

Penalties

258.991 Penalties

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.

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 XXXII. Ownership and Conveyance of Property. Chapter 383. Landlord and Tenant

383.085 Assistance animals; reasonable accommodations in dwellings; limitation of liability; penalty for misrepresentation of an assistance animal

(1) As used in this section:

(a) “Assistance animal” means an animal that works, provides assistance, or performs tasks for the benefit of a person with a disability, or provides emotional support that alleviates one or more identified symptoms or effects of a person's disability. This shall include a service animal specifically trained or equipped to perform tasks for a person with a disability, or an emotional support animal that provides support to alleviate one or more identified symptoms or effects of a person's disability; and

(b) “Therapeutic relationship” means the provision of medical care, program care, or personal care services, in good faith, to the person with a disability by:

1. A mental health service provider;

2. An individual or entity with a valid, unrestricted state license, certification, or registration to serve persons with disabilities; or

3. A caregiver, reliable third party, or a government entity with actual knowledge of the person's disability.

(2) A person with a disability may submit a request for a reasonable accommodation to maintain an assistance animal in a dwelling. Unless the person's disability or disability-related need is readily apparent, the person receiving the request may ask the person making the request to provide reliable documentation of the disability-related need for an assistance animal, including documentation from any person with whom the person making the request has or has had a therapeutic relationship.

(3) Unless the person making the request has a disability or disability-related need for an assistance animal that is readily apparent, a person receiving a request for a reasonable accommodation to maintain an assistance animal in a dwelling shall evaluate the request and any reliable supporting documentation to verify the disability-related need for the reasonable accommodation regarding an assistance animal. The person receiving the request may independently verify the authenticity of any supporting documentation.

(4) A person with a disability who is granted a reasonable accommodation to maintain an assistance animal in a dwelling shall comply with the rental agreement or any rules and regulations of the property owner applicable to all residents that do not interfere with an equal opportunity to use and enjoy the dwelling and any common areas of the premises. The person shall not be required to pay a pet fee or deposit or any additional rent to maintain an assistance animal in a dwelling, but shall be responsible for any physical damages to the dwelling if residents who maintain pets are responsible for physical damages to the dwelling caused by pets. Nothing in this section shall be construed to affect any cause of action against any resident for other damages under the laws of the Commonwealth.

(5) Notwithstanding any other law to the contrary, a landlord shall not be liable for injuries by a person's assistance animal permitted on the landlord's property as a reasonable accommodation to assist the person with a disability pursuant to the Fair Housing Act, as amended, 42 U.S.C. secs. 3601 et seq., the Americans with Disabilities Act of 1990, 42 U.S.C. secs. 12101 et seq., and Section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. sec. 701, or any other federal, state, or local law.

(6) A person commits the offense of misrepresentation of an assistance animal if the person knowingly:

(a) Misrepresents as a part of a request for a reasonable accommodation to maintain an assistance animal in a dwelling that the person has a disability or disability-related need for the use of an assistance animal;

(b) Makes materially false statements for the purpose of obtaining documentation for the use of an assistance animal in housing;

(c) Creates or executes a document that misrepresents an animal as an assistance animal for use in housing;

(d) Provides a document to another falsely stating that an animal is an assistance animal for use in housing; or

(e) Fits an animal, which is not an assistance animal, with a harness, collar, vest, or sign that the pet is an assistance animal for use in housing.

(7) Misrepresentation of an assistance animal is a violation with a fine of up to one thousand dollars ($1,000).

Credits
HISTORY: 2018 c 49, § 1, eff. 7-14-18

 

Title L. Kentucky Penal Code. Chapter 525. Riot, Disorderly Conduct, and Related Offenses.

525.010 Definitions for chapter

The following definitions apply in this chapter unless the context otherwise requires:

(1) "Desecrate" means defacing, damaging, polluting, or otherwise physically mistreating in a way that the actor knows will outrage the sensibilities of persons likely to observe or discover his action.

(2) "Public" means affecting or likely to affect a substantial group of persons.

(3) "Public place" means a place to which the public or a substantial group of persons has access and includes but is not limited to highways, transportation facilities, schools, places of amusements, parks, places of business, playgrounds, and hallways, lobbies, and other portions of apartment houses and hotels not constituting rooms or apartments designed for actual residence. An act is deemed to occur in a public place if it produces its offensive or proscribed consequences in a public place.

(4) "Transportation facility" means any conveyance, premises, or place used for or in connection with public passenger transportation by air, railroad, motor vehicle, or any other method. It includes aircraft, watercraft, railroad cars, buses, and air, boat, railroad, and bus terminals and stations and all appurtenances thereto.

(5) "Riot" means a public disturbance involving an assemblage of five (5) or more persons which by tumultuous and violent conduct creates grave danger of damage or injury to property or persons or substantially obstructs law enforcement or other government function.

(6) "Service animal" includes a:

(a) "Bomb detection dog," which means a dog that is trained to locate bombs or explosives by scent;

(b) "Narcotic detection dog," which means a dog that is trained to locate narcotics by scent;

(c) "Patrol dog," which means a dog that is trained to protect a peace officer and to apprehend a person;

(d) "Tracking dog," which means a dog that is trained to track and find a missing person, escaped inmate, or fleeing felon;

(e) "Search and rescue dog," which means a dog that is trained to locate lost or missing persons, victims of natural or man-made disasters, and human bodies;

(f) "Accelerant detection dog," which means a dog that is trained for accelerant detection, commonly referred to as arson canines;

(g) "Cadaver dog," which means a dog that is trained to find human remains;

(h) "Assistance dog," which means any dog that is trained to meet the requirements of KRS 258.500;

(i) Any dog that is trained in more than one (1) of the disciplines specified in paragraphs (a) to (h) of this subsection; or

(j) "Police horse," which means any horse that is owned, or the service of which is employed, by a law enforcement agency for the principal purpose of aiding in detection of criminal activity, enforcement of laws, and apprehension of offenders.

HISTORY: 2002 c 94, § 4, eff. 7-15-02; 1998 c 419, § 1, eff. 7-15-98; 1974 c 406, § 211, eff. 1-1-75

 

525.200 Assault on a service animal in the first degree; definition 

(1) A person is guilty of assault on a service animal in the first degree when, without legal justification or lawful authority:

(a) He or she intentionally kills or causes serious physical injury to a service animal;

(b) He or she intentionally causes physical injury to a service animal by means of a deadly weapon or dangerous instrument; or

(c) He or she wantonly causes serious physical injury to a service animal by means of a deadly weapon or dangerous instrument.

(2) For the purposes of this section, “service animal” has the same meaning as in KRS 525.010, except that “service animal” does not include assistance dogs as defined in KRS 525.010(6)(h).

(3) Assault on a service animal in the first degree is a Class D felony.

Credits

HISTORY: 2017 c 29, § 1, eff. 6-29-17; 1998 c 419, § 2, eff. 7-15-98

 

525.205 Assault on a service animal in the second degree

(1) A person is guilty of assault on a service animal in the second degree when he intentionally and without legal justification or lawful authority causes physical injury to a service animal.

(2) Assault on a service animal in the second degree is a Class B misdemeanor.

HISTORY: 1998 c 419, § 3, eff. 7-15-98

 

525.210 Duty status of service animal not a factor in application of KRS 525.200 and 525.205

KRS 525.200 and 525.205 shall apply whether or not the service animal is on duty or off duty.

HISTORY: 1998 c 419, § 4, eff. 7-15-98

 

525.215 Defendant's liability for damages upon conviction of assault on a service animal

In any case in which a defendant is convicted of a violation of the provisions of KRS 525.200 or 525.205, the defendant may be ordered to make restitution to the person or agency owning the animal for any veterinary bills, replacement costs of the animal if it is disabled or killed, and the salary of the animal handler for the period of time his services are lost to the agency or self-employment.

HISTORY: 1998 c 419, § 5, eff. 7-15-98

 

525.220 Bars and defenses to conviction of assault on a service animal

No person shall be convicted of assault on a service animal when:

(1) He has also been convicted of a violation of KRS 525.125, 525.130, 512.020, 512.030, or 512.040 arising out of the same incident; or

(2) He has destroyed or treated a service animal that is injured, diseased, or suffering or that constitutes a hazard to public safety if not destroyed; or

(3) He has used physical force against the service animal in protection of himself or a third person; or

(4) He has used physical force without knowledge that the animal was a service animal.

HISTORY: 1998 c 419, § 6, eff. 7-15-98

 

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