TITLE XXI - AGRICULTURE AND ANIMALS
Chapter 258

(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.

Effective: July 15, 1998 History: 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.

(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.*

(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.

Effective: July 15, 1998 History: Amended 1998 Ky. Acts ch. 440, sec. 9, effective July 15, 1998. -- Created 1954 Ky. Acts ch. 119, sec. 41, effective June 17, 1954.

(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.

Effective: July 15, 1998 History: Amended 1998 Ky. Acts ch. 440, sec. 10, effective July 15, 1998. -- Amended 1966 Ky. Acts ch. 239, sec. 177. -- Created 1954 Ky. Acts ch. 119, sec. 37.

*see KRS for fee schedules and rights regarding payment from the livestock fund and payment from the dog owner (my note).

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