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AN ACT relating to commercial dog breeding. 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) As used in this section: 5
(a) "Adequate rest between breeding cycles" means, at a minimum, ensuring 6
that female dogs are not bred to produce more litters in any given period 7
than what is recommended by a licensed veterinarian as appropriate for the 8
species, age, and health of the dog; 9
(b) "Animal control officer" has the same meaning as in KRS 258.095; 10
(c) "Animal shelter" has the same meaning as in KRS 258.095; 11
(d) "Commercial dog breeder" means a person engaged in the business of 12
breeding dogs for sale or for exchange in return for consideration and who 13
harbors five (5) or more sexually intact female dogs for the primary purpose 14
of breeding; and 15
(e) "Severe weather conditions" means: 16
1. Temperatures below thirty-two (32) degrees Fahrenheit or above 17
ninety (90) degrees Fahrenheit; and 18
2. Any period in which a severe weather advisory or warning has been 19
issued for the area by the National Weather Service. 20
(2) (a) All commercial dog breeders shall possess a valid license to operate in the 21
county in which the dogs are housed. This license shall be in addition to any 22
other business license required by the county or the city in which the 23
breeder is located. Each county shall enact by ordinance a dog breeding 24
licensure program to carry out the provisions of this section. 25
(b) The cost of the commercial dog breeder license required in paragraph (a) of 26
this subsection shall be as follows, unless the fiscal court of the county 27 UNOFFICIAL COPY 24 RS BR 2211
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adopts higher fees by ordinance: 1
1. Five (5) to nine (9) sexually intact dogs ...........................................$100 2
2. Ten (10) to nineteen (19) sexually intact dogs .................................$200 3
3. Twenty (20) to twenty-nine (29) sexually intact dogs ......................$300 4
4. Thirty (30) to thirty-nine (39) sexually intact dogs .........................$400 5
5. Forty (40) to fifty (50) sexually intact dogs .....................................$500 6
(c) Six dollars ($6) of each fee collected under paragraph (b) of this subsection 7
shall be retained by the county clerk's office for administrative costs. The 8
remaining amount from each fee collected shall be paid to the animal 9
control and care fund created in KRS 258.119. One-half (1/2) of the 10
remaining amount shall be used for spay and neuter grants and one-half 11
(1/2) shall be used for grants to county animal shelters for the purposes set 12
out in KRS 258.119. 13
(d) All commercial dog breeder licenses shall state, at a minimum: 14
1. The number of dogs on the property as set out by the license level in 15
paragraph (b) of this subsection; 16
2. The physical address where the dogs are housed; 17
3. The commercial dog breeder's current mailing address, if different 18
from the address where the dogs are housed; and 19
4. The commercial dog breeder's current telephone number. 20
(3) (a) A commercial dog breeder shall not possess, control, or otherwise have 21
custody of more than fifty (50) sexually intact dogs that are six (6) months 22
of age or older at the same time. 23
(b) Each commercial dog breeder licensed by the county shall provide the 24
following to each breeding dog in his or her custody: 25
1. Sufficient and uncontaminated food to maintain good health and 26
physical condition; 27 UNOFFICIAL COPY 24 RS BR 2211
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2. Continuous access to clean, potable, unfrozen water; 1
3. Sufficient space for the dog to turn around, lie down, and fully extend 2
his or her limbs. All dogs primarily kept in enclosures shall be able to 3
perform these motions without touching the top or sides of the 4
enclosure. Enclosures shall: 5
a. Be designed and constructed to be structurally sound and shall 6
be kept in good repair; 7
b. Cleaned at least once per day to remove excreta, dirt, grime, and 8
other contaminants; 9
c. Use solid or slatted flooring. Spaces between slats shall not 10
exceed one-half (1/2) an inch in width; 11
d. Not be stacked on top of one another; 12
e. Provide adequate air exchange to control humidity, odors, and 13
fumes; 14
f. Provide protection from inclement weather; and 15
g. Provide regular access to an exercise area during daylight hours 16
that is at ground level with the enclosure; 17
4. Indoor accommodations for the dogs for use during severe weather 18
conditions; and 19
5. Adequate rest between breeding cycles. 20
(c) Each commercial dog breeder shall only breed a dog: 21
1. That has been annually certified by a licensed veterinarian that the 22
dog is in suitable health for breeding; 23
2. That is between the age of ten (10) months and ten (10) years; and 24
3. No more than six (6) times for a female dog. 25
(d) Each commercial dog breeder shall provide regular veterinary care for the 26
dogs in his or her custody that includes an annual hands-on examination by 27 UNOFFICIAL COPY 24 RS BR 2211
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a licensed veterinarian, core vaccinations, prompt treatment by a licensed 1
veterinarian of illness or injury, and preventive care. The commercial dog 2
breeder shall keep individual veterinary records on each dog in his or her 3
custody. All surgical procedures for dogs in the custody of a commercial 4
dog breeder shall be performed by a licensed veterinarian. Surgical 5
procedures include but are not limited to surgical births, tail docking, and 6
ear cropping. 7
(e) Commercial dog breeders shall make all reasonable efforts to facilitate the 8
adoption of retired breeding dogs and puppies that the breeder does not 9
intend to sell with the nearest animal shelter. Retired breeding dogs or dogs 10
with known congenital health issues shall not be sold at auction or placed 11
with another breeder for breeding purposes. 12
(f) When euthanasia of a dog is necessary, dogs in the custody of a commercial 13
dog breeder shall only be euthanized by a licensed veterinarian using 14
methods specified as acceptable for dogs by the most recent report of the 15
American Veterinary Medical Association Panel on Euthanasia. 16
(4) (a) Prior to the issuance of an initial license to a commercial dog breeder, the 17
animal control officer shall conduct an inspection of the facilities to ensure 18
that they meet the requirements of this section. 19
(b) The animal control officer may conduct additional inspections upon 20
receiving a valid complaint or at other reasonable times to determine 21
compliance with subsection (3) of this section. A commercial dog breeder 22
shall allow the animal control officer unrestricted access to all locations 23
where dogs are housed and shall provide proof of a valid license upon 24
request. 25
(5) (a) A commercial dog breeder who violates any provision of subsection (2) or 26
(3) of this section shall be subject to a civil penalty of five hundred dollars 27 UNOFFICIAL COPY 24 RS BR 2211
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($500) for a first offense, and one thousand dollars ($1,000) for each 1
subsequent offense. A commercial dog breeder license shall be subject to 2
revocation for repeated violations. 3
(b) Nothing in this section shall be construed to interfere with an animal 4
control officer or peace officer carrying out his or her duties under KRS 5
436.605 or enforcing the laws of the Commonwealth concerning cruelty, 6
mistreatment, sexual crimes against, or torture of animals. 7
(c) All fines collected from violations under this section shall be paid to the 8
animal control and care fund in the same manner set out in paragraph (c) 9
of subsection (2) of this section. 10
Section 2. KRS 258.119 is amended to read as follows: 11
(1) The "Animal Control and Care Fund" is hereby created as a special fund in the 12
State Treasury. The fund may also receive gifts, grants from public and private 13
sources, state appropriations, [and ]federal funds, and moneys from Section 1 of 14
this Act. Any unallotted or unencumbered balances in this fund shall be invested as 15
provided for in KRS 42.500(9). Income earned from the investments shall be 16
credited to the fund. Any fund balance at the close of the fiscal year shall not lapse 17
but shall be carried forward to the next fiscal year, and moneys in this fund shall be 18
continuously appropriated only for the purposes specified in this section. 19
(2) Moneys from the fund shall be used by the Animal Control Advisory Board for 20
board expenses, for the creation and support of statewide programs related to 21
animal control and care, and for training animal control officers. "Statewide 22
programs" includes, but is not limited to, the reimbursement of costs for 23
preexposure rabies vaccinations for all animal control and care workers. When 24
determining the distribution of the moneys relating to training, the need of the 25
applicant shall be one (1) of the criteria considered by the board. Based on 26
recommendations of the Animal Control Advisory Board, any moneys not 27 UNOFFICIAL COPY 24 RS BR 2211
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expended under this subsection may be distributed annually as grants to counties 1
with an established animal control and care program meeting the requirements of 2
subsection (3) of this section or approved plan to establish an animal control and 3
care program under subsection (4) of this section. 4
(3) As used in this section, "animal control and care program" means a program in 5
which the county: 6
(a) Employs, appoints, or contracts with an animal control officer, or contracts 7
with an entity that employs, appoints, or contracts with an animal control 8
officer, as required by KRS 258.195, who is a high school graduate and has 9
completed the training requirements set forth by the Animal Control Advisory 10
Board; and 11
(b) Maintains an animal shelter, enters into an intergovernmental agreement for 12
the establishment of a regional animal shelter, or contracts with an entity 13
authorized to maintain sheltering and animal control services, to provide 14
services that: 15
1. Segregate male and female animals by species in runs and holding areas; 16
2. Provide separate runs or holding areas for ill or injured animals. An ill 17
or injured animal shall be treated with proper veterinary care or 18
euthanized; 19
3. Provide quarantine for dogs and cats presented to the shelter when 20
quarantine by the owner is not feasible or desirable, the cost of 21
quarantine to be borne by the animal owner at the shelter's regular 22
housing costs and fees. Quarantined dogs and cats shall be held in 23
isolation for observation of symptoms of rabies for a period of ten (10) 24
days from the date the dog or cat bit a person. If the dog or cat dies or is 25
euthanized while in quarantine, it shall be submitted to the local health 26
department for testing for the presence of the rabies virus. The cost of 27 UNOFFICIAL COPY 24 RS BR 2211
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the testing shall be borne by the animal owner or the local health 1
department may bear the cost at its discretion; 2
4. Provide holding areas with protection from the weather, including 3
heated quarters during cold weather. Holding areas shall be free of 4
debris or standing water; shall provide adequate lighting, ventilation, 5
and sanitary conditions to promote a safe, healthy environment; and 6
shall provide adequate space to allow for normal movement, including 7
standing to full height, sitting, turning, and lying down in a natural 8
position without coming in contact with the top or sides of the enclosure 9
or another animal; 10
5. Provide runs and cages built of materials which can be readily cleaned 11
and disinfected, including floors made of an impervious material; 12
6. Provide access to the public for no less than twenty-four (24) hours in 13
one (1) week, with the hours that the facility is open to the public posted 14
in a visible location; 15
7. Employ euthanasia methods specified as acceptable for that species by 16
the most recent report of the American Veterinary Medical Association 17
Panel on Euthanasia; 18
8. Provide potable, uncontaminated water to every animal at all times, and 19
palatable, uncontaminated food daily; and 20
9. Maintain a record on each animal impounded. Records shall be 21
maintained for a period of two (2) years and shall include: 22
a. Date impounded; 23
b. Location found or picked up; 24
c. Sex of animal and spay or neuter status, if known; 25
d. Breed or description, and color; and 26
e. Date reclaimed, adopted, or euthanized. 27 UNOFFICIAL COPY 24 RS BR 2211
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(4) Counties submitting plans proposing to establish an animal control and care 1
program for approval by the Animal Control Advisory Board shall comply with the 2
requirements of: 3
(a) Paragraph (a) of subsection (3) of this section within twelve (12) months of 4
the date the documentation is submitted; and 5
(b) Paragraph (b) of subsection (3) of this section within twenty-four (24) months 6
of the date the documentation is submitted. 7
(5) To be eligible for any moneys distributed as grants to counties under subsection (2) 8
of this section, counties shall submit an application to the commissioner, on a form 9
prescribed by the Department of Agriculture, by July 15 of each year. Moneys shall 10
be used for construction, equipment, educational supplies, and other uses or 11
programs approved by the advisory board, but shall not be used to increase wages 12
of animal control officers or other personnel. Counties receiving money from the 13
Department of Agriculture shall comply with the terms of the plan or program. If 14
the terms of the plan or program are not complied with, the county shall refund the 15
money to the Department of Agriculture. 16