CHAPTER 90: ANIMALS
Section
General Provisions
   90.01   Definitions
   90.02   Animals running at large
   90.03   Cruelty to animals in the second degree
   90.04   Torture of dogs or cats
   90.05   Dyeing or selling dyed chicks or rabbits
   90.06   Abandoning domestic animals prohibited
   90.07   Destruction of abandoned and suffering animal
   90.08   Keeping of livestock prohibited
Dogs
   90.20   Definition
   90.21   License required
   90.22   Registration and issuance of license
   90.23   License tag to be attached to dog
   90.24   Dogs running at large
   90.25   Noise disturbance
   90.26   Impoundment
   90.27   Reclaiming impounded dog
 
   90.99   Penalty
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 ANIMALS RUNNING AT LARGE.
   (A)   No person who is the owner of any animal shall permit it to run at large in any public road, highway, street, lane or alley, or upon unenclosed land, or permit it to go on any private yard, lot or enclosure without the consent of the owner of the yard, lot or enclosure.
   (B)   The owner of an animal who permits it to run at large in violation of this section is liable for all damages caused by the animal upon the premises of another.
Penalty, see § 90.99
§ 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 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 (A)(3) 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.
   (C)   (1)   If a person is convicted of or pleads guilty to an offense under division (A) above arising from the person’s treatment of an equine, the court may impose one or both of the following penalties against the person, in addition to fines and imprisonment:
         (a)   An order that the person pay restitution for damage to the property of others and for costs incurred by others, including reasonable costs, as determined by agreement or by the court after a hearing, incurred in feeding, sheltering, veterinary treatment and incidental care of any equine that was the subject of the offense resulting in conviction; or
         (b)   An order terminating or imposing conditions on the person’s right to possession, title, custody or care of any equine that was the subject of the offense resulting in conviction.
      (2)   If a person’s ownership interest in an equine is terminated by a judicial order under division (C)(1)(b) above, the court may order the sale, conveyance or other disposition of the equine that was the subject of the offense resulting in conviction.
(KRS 525.130) Penalty, see § 90.99
Cross-reference:
   Torture of dogs or cats, see § 90.04
Statutory reference:
   Cruelty to animals in the first degree, a Class D felony, see KRS 525.125
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