 Kentucky Dog Laws |
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CGC Resolution
The KY Law
KY Service Dog Law
KY Service Dog Access Rights (PDF )
"1st Degree Assult on a Service Dog is a Felony"
Goto www.louisvilleky.gov for Louisville, KY Dog Ordinances
For information on bite statistics and homeonwner's insurance, click here.
Below is a copy of the Kentucky dog law. We encourage you to become familiar with these laws so that you do not end up in a lawsuit.
Pawsibilities Unleashed does not support breed banning (i.e. breed specific legislation). We believe that dogs should be evaluated on a case-by-case basis. It is the responsibility of each dog owner to spay or neuter their pet a, train and socialize it appropriately and to provide a suitable living environment.
| CGC Resolution |
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[Thursday, February 16, 2006]
As a state that is fighting extremely restrictive dog ordinance proposals, Kentucky has joined the growing list of states who have passed AKC Canine Good Citizen® resolutions. Kentucky's CGC resolution endorses the AKC Canine Good Citizen Program and acknowledges that problems related to dogs are really problems about the need for responsible dog ownership.
Rep. Charles Miller, a long time supporter of educational programs, was the sponsor of Kentucky's CGC resolution. AKC dog fancier Connie Morris and John Fowler, President of the Greater Louisville Training Club, worked closely with Rep. Miller on the resolution.
"Kentucky's CGC resolution is important because it stresses the importance of responsible dog ownership," said CGC Director Mary Burch. "If dog owners would adhere to the CGC Responsible Dog Owner's Pledge, there would be no need for restrictive legislation anywhere."
"The American Kennel Club applauds Rep. Miller for thinking about dogs and their owners," said AKC Vice President of Communications Noreen Baxter. "We are extremely proud that Rep. Miller recognized the potential of the AKC Canine Good Citizen Program to promote responsible dog ownership in our communities. Reasonable ordinances that respect the rights of responsible dog owners and dog owner education programs are the combination that ensures we can all live happily with our dogs."
| The Law |
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Here are some noteworthy sections.
258.135 Dog licensure requirement; fees; fee collection and retention; date of license issuance
258.235 Authority to kill or seize dog; proceeding by person attacked by dog; disposition of dog after seizure; powers of dog warden or animal control officer; vicious dog not to run at large
258.265 Destruction of dog running at large at night; confinement and control of dogs at night; exemption of hunting dogs;
258.275 Liability for property loss or injury by dog or coyote; procedures for enforcing claims for damages
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
As used in KRS 258.005 to 258.085 and KRS 258.990(1) and (2), unless the context requires otherwise:
(1) "Dog" means any member of the canine family;
(2) "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;
(3) "Veterinarian" means a licensed practitioner of veterinary medicine;
(4) "Qualified person" means a person granted a permit by the secretary for health services to vaccinate animals against rabies and may include owners or operators of licensed kennels; and
(5) "Vaccination" means the injection by a veterinarian or other qualified person of vaccine approved by, and administered in accordance with the regulations of the secretary for health services.
258.015 Dogs to be vaccinated against rabies; issuance and distribution of certificates; tags
Every owner shall have his dog initially vaccinated by the age of four (4) months and revaccinated against rabies at the expiration of the immunization period as certified by the veterinarian. The veterinarian or qualified person who vaccinates a dog shall issue to the owner thereof a vaccination certificate on a form prescribed and supplied by the Cabinet for Health Services. The vaccination certificate shall be prepared and issued in triplicate, one (1) copy to be retained by the issuing veterinarian or other qualified person, one (1) copy to be given to the owner of the dog vaccinated, and one (1) copy to be forwarded by the veterinarian or qualified person to the local health department, or, if none is maintained, to the Department for Public Health. Each certificate shall bear the name and address of the veterinarian or qualified person who issued it. The veterinarian or qualified person shall also furnish each owner with a metal tag bearing a serial number and after January 1, 1980, the year of expiration of the immunization period. The tag may bear the name of the veterinarian or qualified person issuing it. It shall be affixed by the owner to a collar or harness furnished by him and shall be worn by the dog for which the certificate was issued. No one except the owner or his duly authorized agent shall remove the collar with the attached tag from the dog. Prior to their initial officially recorded vaccination against rabies, all dogs shall be confined to the premises of the owner.
258.025 Secretary may exempt dogs from vaccination
The secretary for human resources, in his sound discretion may by such rules and regulations as he deems advisable:
(1) Exempt from the provisions of KRS 258.015 the owners of dogs in any county or counties in which the incidence of rabies decreases sufficiently to warrant this action;
(2) Exempt from the provisions of KRS 258.015 the owners of dogs which are brought into this state for a period not to exceed thirty (30) days.
258.035 Dog vaccinated in other state need not be revaccinated
Any owner who has had his dog vaccinated against rabies in another state by the proper authority therein shall not be required to have such dog revaccinated when brought into this state provided the requirements of such state under which the vaccination was made were of a standard not lower than those required in this state and provided further that such dog wears a tag affixed to his collar or harness bearing the date of such vaccination. One (1) year after the date of such vaccination such dog must be revaccinated unless provided otherwise by the rules and regulations of the secretary for health services. The secretary for health services may make rules and regulations governing the matter of reciprocity with other states.
258.043 Mass immunization clinics
(1) Whenever a local board of health determines or is notified by the Cabinet for Health Services that the rabies immunization level among dogs is low in the county or any portion thereof, the local health department shall sponsor mass immunization clinics at strategic locations and intervals throughout the area designated. The local health department shall contract with local veterinarians to administer the vaccine. If the services of veterinarians are not available in the area, the local health department may contract with other veterinarians or qualified persons designated by the Cabinet for Health Services. A reasonable fee, not to exceed five dollars ($5), designated by the local board of health may be collected from each owner to help defray the cost of the clinic program.
(2) Vaccination and licensing procedures may be jointly conducted at the clinics.
(3) No owner shall be required to have his dog vaccinated at a public clinic if he elects to have his dog vaccinated privately by a veterinarian of his choice.
258.055 Quarantine in case of rabies epidemic; emergency vaccinations
Whenever a local board of health has reason to believe or has been notified by the Cabinet for Health Services that there is danger that rabies may spread within the county or any portion thereof, the board shall publish a notice requiring owners of dogs or other specified animals in the area designated to confine the animals for such periods as 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 dogs in the area revaccinated against rabies, and if the local board fails or neglects to do so, the Cabinet for Health Services may order the revaccination of all dogs or other animals in the area except animals that have been previously vaccinated within the past six (6) months under the provisions of KRS 258.005 to 258.085. The Cabinet for Health Services may aid the local health department in the execution of such emergency vaccinations.
258.065 Physicians to report persons bitten by dogs and other animals
Every physician shall, within twelve (12) hours after his first professional attendance of a person bitten by a dog, cat, or other animal report to the local health department the name, age, sex, color, 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.
258.075 Secretary for health services to administer rabies law
The secretary for health services may administer the provisions of KRS 258.005 to 258.085 and subsections (1) and (2) of KRS 258.990 through the local health departments and may make such rules and regulations and employ such personnel as are necessary to effectuate the purposes of KRS 258.005 to 258.085 and subsections (1) and (2) of KRS 258.990.
258.085 Quarantine of animals suspected of having rabies; head of dog suspected of being rabid to be sent to laboratory
A health officer or his agent shall have the authority to quarantine for a period not to exceed one hundred eighty (180) days any animal bitten by another animal known or suspected to have rabies, and to quarantine for a period not to exceed ten (10) days any animal which has bitten a human being or which exhibits symptoms of rabies. An animal so quarantined may be confined by the health officer at a designated place at the owner's expense. Whenever a dog dies with rabies or is suspected of having died with rabies or is destroyed because of having been suspected of being rabid, the owner thereof, whether the dog had been previously quarantined or not, shall at his own expense send the head of such dog to a laboratory approved by the secretary for health services in the manner prescribed by the rules and regulations of the secretary for health services.
258.087 City authorized to provide for more stringent regulation of rabies control
Any city legislative body or fiscal court may, by the adoption of an appropriate ordinance or resolution, provide for more stringent regulation of rabies control in dogs, cats, and other animals than set forth in this chapter.
258.095 Definitions for KRS 258.095 to 258.365 of KRS 258.990(3) and (4)
As used in KRS 258.095 to 258.365 and KRS 258.990(3) and (4), unless the context requires otherwise:
(1) "Department" means the Department of Agriculture;
(2) "Commissioner" means the Commissioner of Agriculture;
(3) "Committee" means the advisory committee created by KRS 258.115;
(4) "Dog" means any member of the canine family, six (6) months of age or over;
(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) "Livestock" includes horses, stallions, colts, geldings, mares, sheep, rams, lambs, bulls, bullocks, steers, heifers, cows, calves, mules, jacks, jennets, burros, goats, kids, swine, and confined and domesticated hares and rabbits;
(7) "Poultry" includes all domesticated fowl and all game birds which are legally kept in captivity;
(8) "Kennel" means any establishment where dogs are kept for the purpose of breeding, sale, show or sporting purposes, and which is so constructed that dogs cannot stray therefrom;
(9) "Livestock fund" means the fund created by KRS 258.125 for the purpose of administering its provisions;
(10) "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;
(11) "Vicious dog" means any individual dog declared by a court to be a vicious dog;
(12) "Animal control officer" means an individual employed by a city, county, urban-county government, or charter county government who enforces the provisions of this chapter and local dog control ordinances; and
(13) "Designated license facility" means any person, facility, or business designated by resolution of the fiscal court to collect license fees under KRS 258.135.
258.105 Enforcement by commissioner of agriculture; employment and powers of personnel
(1) The Commissioner shall enforce the provisions of this chapter relating to the licensing and regulation of dogs and the protection of livestock from damage by dogs. The Commissioner may enter into agreements with local agencies and organizations for assistance in the enforcement of this chapter. The Commissioner shall promulgate rules and regulations for the enforcement of the licensing provisions of this chapter.
(2) The department may employ personnel to carry out the provisions of this chapter. Such employees shall have all of the powers of peace officers in the enforcement of KRS 258.095 to 258.365 and subsections (3) and (4) of KRS 258.990 and may, upon displaying a badge of identification furnished by the department, enter upon any premises for the purpose of investigation.
258.115 Advisory committee
There shall be an advisory committee for the purpose of advising the Commissioner in the enforcement of the provisions of KRS 258.095 to 258.365 and subsections (3) and (4) of KRS 258.990. The committee shall be composed of the Commissioner, or his designate, and four (4) members appointed by the Governor as follows: one (1) from a list of three (3) persons nominated by the Bluegrass State Sheep Association, one (1) from a list of three (3) persons nominated by the Kentucky Purebred Livestock Association, one (1) from a list of three (3) persons nominated by kennel clubs of Kentucky and one (1) from a list of three (3) persons nominated by the Kentucky Veterinary Medical Association. If an organization herein named should cease to exist, or for any other reason fail to make nominations, the Governor shall name another nongovernmental but interested organization to nominate three (3) persons. The appointed members shall serve for terms of four (4) years and until their successors are appointed and qualify. The committee shall elect a chairman and shall meet at such time and place as he may designate. Four (4) members present at any meeting shall constitute a quorum. Upon the written request of any three (3) members, the chairman shall call a meeting of the committee at the time and place requested. Members who are not employed by the state shall receive twenty-five dollars ($25) per day, payable from the livestock fund, for attendance at meetings and shall be reimbursed for any actual expense incurred in performing their duties. The committee shall be nonpartisan, not more than three (3) of the appointed members being affiliated with any one (1) political party.
258.117 Animal Control Advisory Board; purpose; membership; effect of recommendations
(1) The Animal Control Advisory Board is hereby created for the purposes of making recommendations to the commissioner relating to evaluating applications for and reviewing disbursements from the animal control and care fund, establishing shelter standards, creating training programs, and other duties relating to animal control and care in the counties of the Commonwealth.
(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.
(8) The commissioner shall carry out the recommendations of the advisory board.
258.119 Animal control and care fund; distribution of moneys; eligibility requirements; authority for administrative regulations
(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 dog wardens and 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 a dog warden or 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 a dog pound or animal shelter, or contracts with an adjoining county, to provide services that:
1. Segregate male and female animals in runs and holding areas;
2. Provide separate runs or holding areas for ill or injured animals;
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 or scratched 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;
5. Provide runs and cages built of materials which can be readily cleaned and disinfected, including floors made of an impervious material or a minimum of three (3) inches of gravel;
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 recommended by the American Veterinary Medical Association; and
8. Provide other minimum standards as developed by the Animal Control Advisory Board and approved by the commissioner.
(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 dog wardens 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.
(6) The commissioner shall promulgate administrative regulations that relate to the animal control and care fund provisions of this section.
258.125 Livestock fund created; expenditures; reversion of excess
There is hereby created a revolving fund to be known as the livestock fund from which shall be paid all expenses of the department in administering the provisions of KRS 258.095 to 258.365 and subsections (3) and (4) of KRS 258.990. Expenditures from the fund shall not exceed two hundred thousand dollars ($200,000) in any fiscal year without the approval of the committee. On January 1, 1957, and on January 1 of each year thereafter, all money in the livestock fund in excess of two hundred thousand dollars ($200,000) shall revert to the general expenditure fund.
258.135 Dog licensure requirement; fees; fee collection and retention; date of license issuance
(1) On or before July 1, 1954, and on or before July 1 of each year thereafter, the owner of any dog six (6) months old or over shall apply to the dog warden or designated license facility of the county in which he resides for a license for each dog owned or kept by him. The application shall be accompanied by a license fee of one dollar and fifty cents ($1.50) for each dog, except as provided in KRS 258.500. Any license issued for the year of 1954 before July 1, 1954, shall be effective until July 1, 1955. Dog wardens and designated license facilities shall be agents of the Commonwealth in the collection of the license fees, unless the department determines, with the approval of the Governor, to issue all licenses either directly or through other agents. For services rendered in collecting and paying over the fee, dog wardens or designated license facilities shall be allowed to retain the sum of twenty-five cents ($0.25) for each license. The balance of the license fee collected shall be paid to the department quarterly and shall be credited to the livestock fund. If the committee finds it to be in the interest of maximum enforcement of this chapter to permit certain other portions of the license fee to be retained by the respective counties for use in enforcement, the department may allow these portions of the license fee to be so retained by the counties.
(2) Any county may choose to issue additional licenses in conjunction with effective dates of a valid rabies vaccination, provided the dog shall be licensed each fiscal year.
258.145 Licenses and tags; tattooing of dogs; tag to be affixed to collar; burden of proof of license
(1) A dog license bearing a serial number and such other information as will properly identify the dog shall be issued on a form prescribed and supplied by the department and shall be void on July 1 of the following year. Upon issuance of the license, the owner shall be furnished a tag prescribed and supplied by the department bearing a serial number corresponding with the serial number of the license. If a license or tag is lost a duplicate shall be issued at a charge determined by the department. The department may, if the committee deems such a plan practical, arrange for the tattooing of dogs under a system whereby tattoo marks shall serve as proof of licensing in the event a tag is lost or is removed for good reason by a dog owner or keeper, but such tattooing shall be done only upon the request of the owner or keeper.
(2) The tag shall be affixed to a substantial collar furnished by the owner which shall be kept on the dog at all times, and only the owner or his authorized agent shall remove the collar with attached tag from any dog.
(3) No license or tag issued for one dog shall be transferable to another dog except as provided in KRS 258.165.
(4) Except when a tattoo is used, any dog not bearing a tag shall prima facie be deemed to be unlicensed, and in any proceedings under this chapter the burden of proof of the fact that a dog has been licensed shall be on the owner of the dog.
258.155 License for part of year
Any person becoming the owner of a dog which has not already been licensed after July 1 of any year, and the owner of any dog which becomes six (6) months old after July 1 of any year shall forthwith apply for and procure a license and tag for his dog in the same manner as the annual license is obtained.
258.165 Kennel licenses and tags
(1) Any person who keeps or operates a kennel may, in lieu of the license for each dog required by KRS 258.135, apply to the dog warden for a kennel license entitling him to keep or operate a kennel. Such application shall be accompanied by a license fee of ten dollars ($10) for each license to keep ten (10) dogs or less and fifteen dollars ($15) for each license to keep more than ten (10) dogs. Such license fees shall be collected, paid to the department, and credited to the livestock fund in the same manner as the regular dog license fees.
(2) A kennel license shall be issued on a form prescribed and supplied by the department.
(3) Upon the issuance of a kennel license, the person who keeps or operates the kennel shall be furnished a number of tags prescribed and supplied by the department equal to the number of dogs authorized to be kept in the kennel.
(4) The licensee of a kennel shall keep a tag attached to a collar on each dog kept by him at all times, and such tags may be transferred from one dog to another within the kennel whenever any dog is removed from the kennel.
258.175 Dogs to be kept in kennel
(1) No dog authorized to be kept by a kennel licensee shall be permitted to stray or be taken anywhere outside the limits of the kennel, except temporarily and in leash, or temporarily for the purpose of hunting, breeding, trial or show.
(2) Any dog outside of the kennel in violation of subsection (1) of this section shall be considered as if never licensed.
258.185 Records of dog and kennel licenses
Each dog warden shall keep a record of all dog and kennel licenses issued, including licenses issued by designated license facilities, and shall report to the department quarterly those license sales on a form prescribed and supplied by the department. Designated license facilities shall make quarterly reports to the dog warden in order for the warden to report to the department. The record maintained shall be a public record.
258.195 Employment and powers of dog wardens and animal control officers; establishment and maintenance of pounds; refund of license fee portions to counties; wardens to appraise livestock losses
(1) On or before July 1, 1954, the fiscal court of each county shall employ a dog warden. On or before July 1, 1955, the fiscal court of each county shall establish and maintain a dog pound as a means of facilitating and administration of this chapter. In counties of small population, arrangements may be made for the joint establishment and operation of dog pounds by two (2) or more counties on a mutually satisfactory basis. Instead of setting up pounds, one (1) or more counties acting jointly may take advantage of the facilities of suitable pounds already in operation by counties, cities, humane societies, or other organizations or individuals. Fiscal courts may adopt and enforce regulations relative to pound standards, the naming of persons who shall serve as dog wardens, providing for the fixing of salaries of wardens and assistants, and such other matters that may be incidental to efficient and proper operation of the dog pound plan.
(2) As a means of providing a portion of the funds for setting up and operating dog pounds, fifty cents ($0.50) out of the one dollar and fifty cents ($1.50) paid for every dog license sold in each county shall be credited by the department to a special enforcement fund to be refunded to the respective counties on a pro rata basis determined by the licenses sold in each county, and shall be used in meeting expenses of the dog warden and the dog pound plan.
(3) Dog wardens may be designated as agents of the department for purposes of appraising livestock losses pursuant to KRS 258.275.
(4) Cities, counties, urban-county governments, or charter county governments may employ animal control officers for the enforcement of this chapter and local dog control ordinances within their corporate limits. Cities, urban- county governments, or charter county governments may enter into agreements with the counties for the enforcement of the county's ordinances. The agreement shall include, but shall not necessarily be limited to, setting out the jurisdiction and the duties of the officer or warden respective to the agreement.
(5) Dog wardens and animal control officers shall have the authority to issue uniform citations only for the enforcement of the provisions of this chapter or dog control ordinances in their respective jurisdictions.
258.205 Dog temporarily in state need not be licensed; burden of proof
(1) Any person may bring, or cause to be brought into the state, for a period of not more than ninety (90) days, one or more dogs for show, trial, or breeding purposes without securing a license, and any person holding a Kentucky nonresident hunting license may, without securing a license or licenses therefore, bring or cause to be brought into the state one or more dogs for the purpose of hunting game during any hunting season when hunting with dogs is permitted by law, if a similar exemption from the necessity of securing dog licenses is afforded for hunting purposes to residents of Kentucky by the states of such person's residence; provided, however, that each dog is equipped with a collar bearing a name plate giving the name and address of the owner.
(2) In any proceedings under this chapter the burden of proof of the fact that a dog has been imported for hunting, breeding, trial or show purposes shall be upon the owner of the dog.
258.215 Seizure, impounding, and destruction of dog lacking tag or other identification; exemption of hunting dog
(1) Peace officers, dog wardens, or animal control officers shall seize and impound any dog which does not bear a proper license tag or other legible identification which is found running at large, but if an officer, dog warden, or animal control officer, after diligent effort to do so, should fail to seize the dog, it shall then become his duty to destroy the dog by any reasonable and humane means. Any dog which an officer, dog warden, or animal control officer seizes shall be impounded for a period of five (5) or seven (7) days, to be determined by the local animal shelter. If the dog is not claimed by the owner or sold in accordance with other provisions of this chapter, then the dog may be destroyed in some humane manner. Any animal shelter, public or private, which takes in stray dogs 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 dogs shall be held, and a contact number.
(2) 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.
258.225 Peace officers, dog wardens, and animal control officers required to perform duties; interference prohibited
(1) It shall be unlawful for any peace officer, dog warden, or animal control officer to refuse to perform his duties under the provisions of this chapter, or to refuse to assist in the enforcement of this chapter upon request of the Commissioner.
(2) It shall be unlawful for any person to interfere with any officer, dog warden, or animal control officer, or agent in the enforcement of this chapter.
258.235 Authority to kill or seize dog; proceeding by person attacked by dog; disposition of dog after seizure; powers of dog warden or animal control officer; vicious dog not to run at large
(1) 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.
(2) Any unlicensed dog, not accompanied by its owner or keeper, that enters any field or inclosure where livestock or poultry are confined shall constitute a private nuisance and the owner or tenant of such field or inclosure, or his agent or servant, may kill or seize such dog while it is in the field or inclosure, without liability or responsibility of any nature for killing, injuring from an attempt to kill, or for seizing the dog.
(3) Any dog deemed in violation of this section and seized by a property owner or his agent shall be surrendered over to the dog warden, animal control officer, or a peace officer for impoundment as stipulated in KRS 258.215.
(4) Subsection (2) of this section shall not apply to licensed dogs, when accompanied by their owner or handler, unless caught in the act of wounding or killing any livestock, or wounding or killing poultry, or attacking human beings.
(5) (a) Any person who has been attacked by a dog, or anyone for such person, may make a complaint before the district court, charging the owner or keeper of such dog with harboring a vicious dog. A copy of such 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 such complaint at a time fixed therein. If such 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 henceforth keep the dog securely confined by chain leash or enclosed pen of sufficient strength to securely restrain the dog from being a public threat, or the court may order the dog to be destroyed.
(b) The dog warden or duly appointed animal control officer shall act as an officer of the court for the enforcement of any orders of the court in their jurisdiction pertaining to this subsection.
(6) For his services in such proceedings, the 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, such court shall place the costs upon either party as he 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 such dog to run at large, or to appear on the public highways unless in leash. Any such dog found running at large may be killed by any dog warden, animal control officer, or peace officer without liability for damages for such killings.
258.245 Licensed dogs as personal property; destruction prohibited
All licensed dogs 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, dog warden, or animal control officer to destroy, or attempt to destroy, any dog which bears a license tag for the current year.
258.255 Confinement and control of female dog when in heat
It shall be unlawful for the owner or keeper of any female dog to permit her to go beyond the premises of such owner or keeper at any time she is in heat, unless she is properly in leash.
258.265 Confinement and control of dogs at night; exemption of hunting dogs; destruction of dog running at large at night
(1) The owner or keeper of every dog shall at all times between the hours of sunset and sunrise of each day keep such dog:
(a) Confined within an inclosure from which it cannot escape, or
(b) Firmly secured by means of a collar and chain or other device so that it cannot stray beyond the premises on which it is secured, or
(c) Under the reasonable control of some person or, when engaged in lawful hunting accompanied by an owner or handler. 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 such a hunting dog becomes temporarily lost from a pack or wanders from actual control or sight of its owner or handler, such owner or handler shall not be deemed to be in violation of the provisions of this section as a result of such dog's having become temporarily lost or having wandered from immediate control or sight of the owner or handler.
(2) Any peace officer, dog warden, 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 owner or handler. However, a peace officer, dog warden, 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.
258.275 Liability for property loss or injury by dog or coyote; procedures for enforcing claims for damages
(1) Any owner or keeper of a dog which has killed or injured livestock or poultry or which has bitten such livestock or poultry so severely as to necessitate its destruction, or injured or damaged any person or property, shall be liable to the owner of such livestock or poultry, or person in a civil action for all damages and costs, or to the Commonwealth.
(2) Whenever any person sustains any loss or damage to any livestock or poultry by dogs, or any livestock or poultry of any person is necessarily destroyed because of having been bitten by a dog, except when such loss, destruction or damage shall have been caused by a dog harbored by the owner of such livestock or poultry, such person or his agent or attorney may, within seventy-two (72) hours after the damage is done, complain to a duly authorized agent of the department. Such complaint shall be in writing, shall be signed by the person making such complaint, and shall state when, where, and how much damage was done, and by whose dog or dogs, if known. Upon receipt of such complaint, the agent of the department shall at once examine the place where the alleged loss or damage was sustained and the livestock or poultry injured or killed, and shall examine under oath or affirmation, any witnesses called before him. After making diligent inquiry in relation to such claim, such agent, acting as appraiser, shall determine whether any damage has been sustained and the amount thereof and, if possible, who was the owner of the dog or dogs by which such damage was done. If the owner does not agree as to the amount of damage allowed by the appraiser, the owner and appraiser may appoint a disinterested citizen to assist in determining the amount of damages sustained. For such services, the said disinterested citizen shall receive two dollars ($2) and mileage at seven cents ($0.07) per mile for the distance traveled, which shall be paid by the owner and considered as part of the costs in such claim.
(3) In addition to the claims for damages provided in subsection (2) of this section, whenever any person sustains any loss or damage to his or her person or property as a result of being bitten by a dog, such person shall make a complaint in writing to a duly authorized agent of the department stating when, where, and how much damage was done, and by whose dog or dogs, if known. Upon receipt of such complaint said agent shall investigate and ascertain the extent of the claim, and if approved, make an appraisal of the damages. If any person sustaining a loss does not agree to amount of damages allowed by the appraiser, the person making the claim and the appraiser, may appoint a disinterested person to assist in determining the amount of damages sustained. No payment made out of the livestock fund for claims under this section shall exceed two hundred fifty dollars ($250), and no payment shall be made, except under subsection (4) of this section, until the claimant shall certify that no payment was made by the owner of the dog or dogs doing the injury.
(4) Whenever any person sustains any damage to his person or loss or damage to livestock, poultry or other property caused by a coyote, the person may file a complaint as provided in subsections (2) and (3) of this section and KRS 258.285.
258.285 Payments from livestock fund; subrogation of claimant's rights
(1) Upon receipt by the department of the appraisal report, the Commissioner, if he approves the report, shall certify the amount thereof, together with the costs of the proceeding, to the secretary of the Finance and Administration Cabinet who shall draw a warrant in the amount thereof on the State Treasurer payable out of the livestock fund. If the Commissioner does not approve the appraisal report, he shall ascertain the amount of damage sustained.
(2) The Commonwealth shall succeed to all rights and interests of the owner of livestock or poultry which have been killed or injured by dogs or coyotes to the extent of any payment made out of the livestock fund.
258.295 Payment by dog owner bars payment from livestock fund; maximum sums for certain livestock and poultry; appraisal value
(1) No payment shall be made for any injury to or destruction of livestock or poultry if payment has been made by the owner of the dog or dogs doing the injury. The fact that no such payment has been made shall be certified by the claimant.
(2) When any payment is made by the Commonwealth for any livestock or poultry killed or injured by a dog or a coyote, such payment shall not exceed two hundred dollars ($200) for each horse or mule; two hundred fifty dollars ($250) for each head of registered cattle; two hundred dollars ($200) for each head of unregistered cattle; forty dollars ($40) for each head of unregistered swine, sheep, or goats; eighty dollars ($80) for each head of registered swine, sheep, or goats; six dollars ($6) for each full-grown goose; ten dollars ($10) for each full-grown turkey; and two dollars ($2) for each head of other poultry or domesticated hare or rabbit. All appraisals under this chapter shall be of the actual value of the livestock, including poultry, killed or injured.
258.305 Compensation of dog owner where licensed dog is killed
Owners of licensed dogs which are killed by any peace officer, dog warden, or animal control officer, without justification under the provisions of this chapter, shall be recompensed for the value of such dog out of the livestock fund in the same manner as owners of livestock or poultry killed or injured by dogs are recompensed. The proceeding for appraisal of the value of the dog and payment of the claim shall conform to the procedures prescribed by KRS 258.275 and 258.285, except that no claim shall exceed one hundred dollars ($100).
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
(1) If, in the report of the appraiser, the name of the owner of any dog or dogs having caused loss or damage to any livestock or poultry or person is definitely and conclusively shown or if written complaint is filed with the commissioner by any owner of livestock or poultry against any dog, stating that such dog has been seen pursuing livestock or poultry, and if such charge is proven by investigation on the part of the department, the commissioner may notify the owner or keeper of such dog to immediately destroy the same, whereupon it shall be unlawful and a violation of this chapter for such owner, or keeper to permit or cause such dog, while alive, to leave or to be removed from such premises. The destroying of such dogs shall not remove the liability of the owner for such damage done by his dog. Upon failure of such owner to comply with such order within a period of ten (10) days, any peace officer, dog warden, or animal control officer, upon notice from the department, shall destroy such dog wherever found. For such service, a peace officer shall be entitled to a fee of one dollar ($1.00) for each dog destroyed, to be paid out of the livestock fund upon presentation to the department of satisfactory proof that such dog has been destroyed by him.
(2) Any person who owns or harbors an unlicensed dog shall forfeit any right to be reimbursed out of the livestock fund for any damage to his livestock or poultry by dogs.
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.
258.345 Quarantine of dogs in case of excessive damage to livestock, poultry, or domestic game birds; destruction of dogs in violation of quarantine
(1) When the inhabitants of any city, or county, or any part thereof, have suffered an excessive amount of damage to livestock or poultry or domestic game birds by dogs, a petition may be presented to the commissioner, signed by twenty (20) or more of such inhabitants who are owners of livestock or poultry, alleging such excessive damage and requesting that a quarantine be placed on all dogs within the limits of such city, or county, or such part thereof. Upon receipt of such petition, the department may, through its authorized agents, have an investigation made of the facts alleged therein, and, if convinced that conditions in such city, county, or such designated area demand such stringent measures, may establish a dog quarantine therein.
(2) When such a quarantine is established, at least ten (10) notices thereof shall be posted throughout the area affected thereby, and notice thereof shall also be published pursuant to KRS Chapter 424, in the city, or county.
(3) It shall be unlawful for any person, residing in the area affected by such quarantine, to permit a dog owned or harbored by him to run at large in such quarantined area, or to leave the premises where it is kept, unless accompanied by and under the control of the owner or handler. A hound or other hunting dog which has been released from confinement for hunting purposes shall be deemed to be under control of its owner or handler while engaged in or returning from hunting, and if that 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.
(4) Any peace officer, dog warden, or animal control officer may destroy any dog running at large in a quarantined area, not accompanied by or under control of its owner, and in violation of such quarantine, without any liability for such destruction.
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 not vaccinated according to the provisions of this chapter shall be liable to pay all damages for personal injuries resulting from the bite of such dog, if rabid.
(3) (a) Any person violating or failing or refusing to comply with KRS 258.095 to 258.365 and subsections (3) and (4) of this section, except KRS 258.235(5)(a), shall, upon conviction, be fined not less than five dollars ($5) and not more than one hundred dollars ($100) or be imprisoned for not less than five (5) nor more than sixty (60) days or both so fined and imprisoned.
(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 by both fine and imprisonment.
(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 livestock fund.
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Baldwin's Kentucky Revised Statutes Annotated Currentness. 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
(1) A person is guilty of assault on a service animal in the first degree when he intentionally and without legal justification or lawful authority kills or causes physical injury to a service animal to the extent that a service animal becomes physically incapable of ever returning to service.
(2) Assault on a service animal in the first degree is a Class D felony.
HISTORY: 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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