§ 90.03 CRUELTY TO ANIMALS IN THE SECOND DEGREE.

   (A)   A person is guilty of cruelty to animals in the second degree when, except as authorized by law, he or she intentionally or wantonly:

      (1)   Subjects any animal to or causes cruel or injurious mistreatment through abandonment, participates other than as provided in § 90.03 in causing it to fight for pleasure or profit, (including, but not limited to being a spectator or vendor at an event where a 4-legged animal is caused to fight for pleasure or profit) mutilation, beating, torturing, tormenting, failing to provide adequate food, drink, space or health care, or by any other means; or

      (2)   Subjects any animal in his or her custody to cruel neglect; or

      (3)   Kills any animal.

   (B)   Nothing in this section shall apply to the killing of animals:

      (1)   Pursuant to a license to hunt, fish or trap;

      (2)   Incident to the processing as food or for other commercial purposes;

      (3)   For humane purposes; and/or

      (4)   For any other purpose authorized by law.

(KRS 525.130) Penalty, see § 90.99

Statutory reference:

   Cruelty to animals in the first degree, a class D felony, see KRS 525.125

§ 90.04 DYEING OR SELLING DYED CHICKS OR RABBITS.

   No person shall sell, exchange, offer to sell or exchange, display or possess living baby chicks, ducklings or other fowl or rabbits which have been dyed or colored; nor dye or color any baby chicks, ducklings or other fowl or rabbits; nor sell, exchange, offer to sell or exchange or to give away baby chicks, ducklings or other fowl or rabbits, under 2 months of age in any quantity less than 6, except that any rabbit weighing 3 pounds or more may be sold at an age of 6 weeks.

(KRS 436.600) Penalty, see § 90.99

§ 90.05 ABANDONING DOMESTIC ANIMALS PROHIBITED.

   No owner of a domestic animal shall abandon the animal.

Penalty, see § 90.99

§ 90.06 DESTRUCTION OF ABANDONED AND SUFFERING ANIMAL.

   (A)   Any peace officer, animal control officer or any person authorized by the Board of Agriculture may destroy or kill or cause to be destroyed or killed, any animal found abandoned and suffering and not properly cared for, or appearing to be injured, diseased or suffering past recovery for any useful purpose.

   (B)   Before destroying the animal the officer shall obtain the judgment to that effect of a veterinarian, or of two reputable citizens called by him or her to view the animal in his or her presence, or shall obtain consent to the destruction from the owner of the animal.

   (C)   (1)   Any animal placed in the custody of a licensed veterinarian for treatment, boarding, or other care, which shall be unclaimed by its owner or his or her agent for a period of more than 10 days after written notice by registered or certified mail, return receipt requested, is given the owner or his or her agent at his or her last known address, shall be deemed to be abandoned and may be turned over to the nearest humane society, dog pound or animal shelter or disposed of as such custodian may deem proper.

      (2)   The giving of notice to the owner, or the agent of the owner of such animal by the licensed veterinarian, as provided herein shall relieve the licensed veterinarian and any custodian to whom the animal may be given of any further liability for disposal.

(KRS 257.100)

DOGS

§ 90.15 DEFINITION.

   For the purpose of this subchapter, the following definition shall apply unless the context clearly indicates or requires a different meaning.

   DOG. Any member of the canine family, 6 months of age or over, male or female.

§ 90.16 RESERVED.