2014 Kentucky Revised Statutes CHAPTER 258 - ANIMAL CONTROL AND PROTECTION 258.235 Authority to kill or seize dog -- Return by court to owner of vicious dog -- Liability for damage -- Proceeding by person attacked by dog -- Disposition of dog after seizure -- Powers of animal control officer -- Vicious dog not to run at large.
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258.235 Authority to kill or seize dog -- Return by court to owner of vicious
dog -- Liability for damage -- Proceeding by person attacked by dog -Disposition of dog after seizure -- Powers of animal control officer -Vicious dog not to run at large.
(1)
(2)
(3)
(4)
(5)
(6)
(7)
Any person, without liability, may kill or seize any dog which is observed
attacking any person.
Any livestock owner or his agent, without liability, may kill any dog trespassing
on that owner's property and observed in the act of pursuing or wounding his
livestock.
Any dog determined to be vicious by a court and allowed to be returned to an
owner shall be confined in a locked enclosure at least seven (7) feet high or a
locked kennel run with a secured top. The dog may leave the enclosure only to
visit the veterinarian or to be turned in to an animal shelter. The dog shall be
muzzled if leaving the enclosure for either of these purposes.
Any owner whose dog is found to have caused damage to a person, livestock,
or other property shall be responsible for that damage.
(a) Any person who has been attacked by a dog, or anyone acting on behalf
of that person, may make a complaint before the district court, charging
the owner or keeper of the dog with harboring a vicious dog. A copy of the
complaint shall be served upon the person so charged in the same
manner and subject to the laws regulating the service of summons in civil
actions directing him to appear for a hearing of the complaint at a time
fixed in the complaint. If the person fails to appear at the time fixed, or if
upon a hearing of the parties and their witnesses, the court finds the
person so charged is the owner or keeper of the dog in question, and that
the dog has viciously and without cause, attacked a human being when
off the premises of the owner or keeper, the person shall be subject to the
penalties set forth in KRS 258.990(3)(b), and the court shall further order
the owner or keeper to keep the dog securely confined as provided by
subsection (3) of this section, or the court may order the dog to be
destroyed.
(b) The animal control officer shall act as an officer of the court for the
enforcement of any orders of the court in his jurisdiction pertaining to this
subsection.
For his services in the proceedings, a peace officer shall be entitled to the
same fees to which he is entitled for performing similar services in civil cases.
In all proceedings under this section, the court shall place the costs upon either
party as it may determine.
It shall be unlawful for the owner or keeper of any vicious dog, after receiving
an order under subsection (5) of this section, to permit the dog to run at large,
or to appear in public except as provided in subsection (3) of this section. Any
vicious dog found running at large may be killed by any animal control officer or
peace officer without liability for damages for the killing.
Effective:July 13, 2004
History: Amended 2004 Ky. Acts ch. 189, sec. 18, effective July 13, 2004. -Amended 1998 Ky. Acts ch. 440, sec. 5, effective July 15, 1998. -- Amended
1976 (1st Extra. Sess.) Ky. Acts ch. 14, sec. 223, effective January 2, 1978. --
Created 1954 Ky. Acts ch. 119, sec. 26, effective June 17, 1954.
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