GENERAL PROVISIONS

§ 90.01 DEFINITIONS.

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

   ABANDON. To forsake entirely, or to neglect or refuse to provide or perform the legal obligations for care and support of an animal by its owner or his or her agent.

(KRS 257.010)

   AT LARGE. Off the premises of the owner, and not under the control of the owner or his or her agent either by leash, cord, chain, or otherwise.

   OWNER. Every person having a right of property to an animal and every person who keeps or harbors an animal, has it in his or her care, or permits it to remain on or about the premises owned or occupied by him or her.

§ 90.02 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 KRS 525.125 in causing it to fight for pleasure or profit (including, but not limited to, being a spectator or vendor at an event where a four-legged animal is caused to fight for pleasure or profit), mutilation, beating, torturing any animal other than a dog or cat, tormenting, failing to provide adequate food, drink, space, or health care, or by any other means;

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

      (3)   Kills any animal other than a domestic animal killed by poisoning. This division shall not apply to intentional poisoning of a dog or cat. Intentional poisoning of a dog or cat shall constitute a violation of this section.

   (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;

      (4)   For veterinary, agricultural, spaying or neutering, or cosmetic purposes;

      (5)   For purposes relating to sporting activities, including, but not limited to, horse racing at organized races and training for organized races, organized horse shows, or other animal shows;

      (6)   For bona fide animal research activities of institutions of higher education; or a business entity registered with the United States Department of Agriculture under the Animal Welfare Act or subject to other federal laws governing animal research;

      (7)   In defense of self or another person against an aggressive or diseased animal;

      (8)   In defense of a domestic animal against an aggressive or diseased animal;

      (9)   For animal or pest control; or

      (10)   For any other purpose authorized by law.

(KRS 525.130) Penalty, see § 90.99

Cross-reference:

   Torture of dogs or cats, see § 90.03