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AN ACT relating to harboring a vicious dog and making an appropriation therefor. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
SECTION 1. A NEW SECTION OF KRS CHAPTER 258 IS CREATED TO 3
READ AS FOLLOWS: 4
(1) If a court finds that a defendant alleged to have violated subsection (5)(a) of 5
Section 2 of this Act is incompetent to stand trial under KRS Chapter 504, the 6
Commonwealth shall petition the court to conduct a hearing to determine if the 7
dog is a vicious dog. 8
(2) If the court determines that the dog is vicious, the court may order that the dog be 9
securely confined as provided by subsection (3) of Section 2 of this Act, or may 10
order the removal or destruction of the dog in the discretion of the court. 11
(3) Upon a third finding by the court that the defendant owns or possesses a vicious 12
dog and is incompetent to stand trial under KRS Chapter 504, the owner shall be 13
prohibited from owning or possessing a dog for five (5) years from the date of the 14
court's finding. Assistance animals as defined in KRS 383.085 may be included in 15
the prohibition on ownership or possession. 16
Section 2. KRS 258.235 is amended to read as follows: 17
(1) Any person, without liability, may kill or seize any dog which is observed attacking 18
any person. 19
(2) Any livestock owner or his or her agent, without liability, may kill any dog 20
trespassing on that owner's property and observed in the act of pursuing or 21
wounding his or her livestock. 22
(3) Any dog determined to be vicious by a court and allowed to be returned to an owner 23
shall be confined in a locked enclosure at least seven (7) feet high or a locked 24
kennel run with a secured top. The dog may leave the enclosure only to visit the 25
veterinarian or to be turned in to an animal shelter. The dog shall be muzzled if 26
leaving the enclosure for either of these purposes. 27 UNOFFICIAL COPY 24 RS BR 50
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(4) Any owner whose dog is found to have caused damage to a person, livestock, or 1
other property shall be responsible for that damage. 2
(5) (a) 1. Any person who has been attacked by a dog, or anyone acting on behalf 3
of that person, may make a complaint before the district court, charging 4
the owner or keeper of the dog with harboring a vicious dog. 5
2. A copy of the complaint shall be served upon the person[ so] charged in 6
the same manner and subject to the laws regulating the service of 7
summons in civil actions directing him or her to appear for a hearing of 8
the complaint at a time fixed in the complaint. 9
3. If the person fails to appear at the time fixed, or if upon a hearing of the 10
parties and their witnesses, the court finds the person[ so] charged is the 11
owner or keeper of the dog in question, and that the dog has viciously 12
and without cause, attacked a human being when off the premises of the 13
owner or keeper, the person shall be subject to the penalties set forth in 14
KRS 258.990(4)[(3)(b)], and the court shall further order the owner or 15
keeper to keep the dog securely confined as provided by subsection (3) 16
of this section, or the court may order the dog to be destroyed. 17
(b) The animal control officer shall act as an officer of the court for the 18
enforcement of any orders of the court in the officer's[his] jurisdiction 19
pertaining to this subsection. 20
(6) For his or her services in the proceedings, a peace officer shall be entitled to the 21
same fees to which the peace officer[he] is entitled for performing similar services 22
in civil cases. In all proceedings under this section, the court shall place the costs 23
upon either party as it may determine. 24
(7) It shall be unlawful for the owner or keeper of any vicious dog, after receiving an 25
order under subsection (5) of this section, to permit the dog to run at large, or to 26
appear in public except as provided in subsection (3) of this section. 27 UNOFFICIAL COPY 24 RS BR 50
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(8) Any vicious dog found running at large may be killed by any animal control officer 1
or peace officer without liability for damages for the killing. 2
(9) Any animal control officer or peace officer who impounds or kills a vicious dog 3
under this chapter shall make a written record of the incident and keep the record 4
for no less than five (5) years. 5
Section 3. KRS 258.990 is amended to read as follows: 6
(1) Any person who violates KRS 258.015, 258.035, 258.055, 258.065, or 258.085 7
shall be fined not less than ten dollars ($10) nor more than one hundred dollars 8
($100). Each day of violation shall constitute a separate offense. 9
(2) The owner of any dog, cat, or ferret which bites a human being shall be liable to 10
pay all damages for personal injuries resulting from the bite of the dog, cat, or 11
ferret. 12
(3) [(a) ]Any person violating, or failing or refusing to comply with KRS 258.095 to 13
258.365, except KRS 258.235(5)(a), shall, upon conviction, be fined not less than 14
five dollars ($5) nor more than one hundred dollars ($100), or be imprisoned in the 15
county jail for not less than five (5) nor more than sixty (60) days, or both. 16
(4) (a)[(b)] Any person violating KRS 258.235(5)(a) shall be punished by a fine of 17
not less than fifty dollars ($50) nor more than two hundred dollars ($200), or 18
by imprisonment in the county jail for not less than ten (10) nor more than 19
sixty (60) days, or both. 20
(b) Any person with three (3) violations of subsection (5)(a) of Section 2 of this 21
Act in any five (5) year period shall: 22
1. Be prohibited from owning or possessing a dog for five (5) years from 23
the date of the court's finding. Assistance animals as defined in KRS 24
383.085 may be included in the prohibition on ownership or 25
possession under this paragraph; 26
2. Be fined two hundred fifty dollars ($250) per dog possessed; and 27 UNOFFICIAL COPY 24 RS BR 50
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3. Surrender all dogs to the animal control officer or appropriate law 1
enforcement agency. 2
(5)[(4)] All fines collected under subsections[subsection] (3), (4), and (6) of this 3
section shall, after costs and commissions have been deducted, be paid to the 4
department to be credited to the animal control and care fund under Section 4 of 5
this Act. 6
(6) Any person prohibited from owning or possessing a dog pursuant to subsection 7
(3) of Section 1 of this Act shall surrender any dog possessed to the animal 8
control officer or appropriate law enforcement agency and shall be fined no less 9
than two hundred fifty dollars ($250) per dog owned or possessed. 10
(7) In determining the five (5) year period under subsection (4)(b) of this section, the 11
period shall be measured from the date on which the offenses occurred for which 12
the findings of a vicious dog were entered. 13
Section 4. KRS 258.119 is amended to read as follows: 14
(1) The "Animal Control and Care Fund" is hereby created as a special fund in the 15
State Treasury. The fund may [also ]receive all fines paid to the department under 16
subsection (5) of Section 3 of this Act, gifts, grants from public and private 17
sources, state appropriations, and federal funds. Any unallotted or unencumbered 18
balances in this fund shall be invested as provided for in KRS 42.500(9). Income 19
earned from the investments shall be credited to the fund. Any fund balance at the 20
close of the fiscal year shall not lapse but shall be carried forward to the next fiscal 21
year, and moneys in this fund shall be continuously appropriated only for the 22
purposes specified in this section. 23
(2) Moneys from the fund shall be used by the Animal Control Advisory Board for 24
board expenses, for the creation and support of statewide programs related to 25
animal control and care, and for training animal control officers. "Statewide 26
programs" includes, but is not limited to, the reimbursement of costs for 27 UNOFFICIAL COPY 24 RS BR 50
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preexposure rabies vaccinations for all animal control and care workers. When 1
determining the distribution of the moneys relating to training, the need of the 2
applicant shall be one (1) of the criteria considered by the board. Based on 3
recommendations of the Animal Control Advisory Board, any moneys not 4
expended under this subsection may be distributed annually as grants to counties 5
with an established animal control and care program meeting the requirements of 6
subsection (3) of this section or approved plan to establish an animal control and 7
care program under subsection (4) of this section. 8
(3) As used in this section, "animal control and care program" means a program in 9
which the county: 10
(a) Employs, appoints, or contracts with an animal control officer, or contracts 11
with an entity that employs, appoints, or contracts with an animal control 12
officer, as required by KRS 258.195, who is a high school graduate and has 13
completed the training requirements set forth by the Animal Control Advisory 14
Board; and 15
(b) Maintains an animal shelter, enters into an intergovernmental agreement for 16
the establishment of a regional animal shelter, or contracts with an entity 17
authorized to maintain sheltering and animal control services, to provide 18
services that: 19
1. Segregate male and female animals by species in runs and holding areas; 20
2. Provide separate runs or holding areas for ill or injured animals. An ill 21
or injured animal shall be treated with proper veterinary care or 22
euthanized; 23
3. Provide quarantine for dogs and cats presented to the shelter when 24
quarantine by the owner is not feasible or desirable, the cost of 25
quarantine to be borne by the animal owner at the shelter's regular 26
housing costs and fees. Quarantined dogs and cats shall be held in 27 UNOFFICIAL COPY 24 RS BR 50
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isolation for observation of symptoms of rabies for a period of ten (10) 1
days from the date the dog or cat bit a person. If the dog or cat dies or is 2
euthanized while in quarantine, it shall be submitted to the local health 3
department for testing for the presence of the rabies virus. The cost of 4
the testing shall be borne by the animal owner or the local health 5
department may bear the cost at its discretion; 6
4. Provide holding areas with protection from the weather, including 7
heated quarters during cold weather. Holding areas shall be free of 8
debris or standing water; shall provide adequate lighting, ventilation, 9
and sanitary conditions to promote a safe, healthy environment; and 10
shall provide adequate space to allow for normal movement, including 11
standing to full height, sitting, turning, and lying down in a natural 12
position without coming in contact with the top or sides of the enclosure 13
or another animal; 14
5. Provide runs and cages built of materials which can be readily cleaned 15
and disinfected, including floors made of an impervious material; 16
6. Provide access to the public for no less than twenty-four (24) hours in 17
one (1) week, with the hours that the facility is open to the public posted 18
in a visible location; 19
7. Employ euthanasia methods specified as acceptable for that species by 20
the most recent report of the American Veterinary Medical Association 21
Panel on Euthanasia; 22
8. Provide potable, uncontaminated water to every animal at all times, and 23
palatable, uncontaminated food daily; and 24
9. Maintain a record on each animal impounded. Records shall be 25
maintained for a period of two (2) years and shall include: 26
a. Date impounded; 27 UNOFFICIAL COPY 24 RS BR 50
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b. Location found or picked up; 1
c. Sex of animal and spay or neuter status, if known; 2
d. Breed or description, and color; and 3
e. Date reclaimed, adopted, or euthanized. 4
(4) Counties submitting plans proposing to establish an animal control and care 5
program for approval by the Animal Control Advisory Board shall comply with the 6
requirements of: 7
(a) Paragraph (a) of subsection (3) of this section within twelve (12) months of 8
the date the documentation is submitted; and 9
(b) Paragraph (b) of subsection (3) of this section within twenty-four (24) months 10
of the date the documentation is submitted. 11
(5) To be eligible for any moneys distributed as grants to counties under subsection (2) 12
of this section, counties shall submit an application to the commissioner, on a form 13
prescribed by the Department of Agriculture, by July 15 of each year. Moneys shall 14
be used for construction, equipment, educational supplies, and other uses or 15
programs approved by the advisory board, but shall not be used to increase wages 16
of animal control officers or other personnel. Counties receiving money from the 17
Department of Agriculture shall comply with the terms of the plan or program. If 18
the terms of the plan or program are not complied with, the county shall refund the 19
money to the Department of Agriculture. 20