Kentucky

Summary: In 2002, Kentucky amended its laws related to domestic violence protection orders to include domestic animals. "Domestic animal" is defined as a dog, cat, or other animal that is domesticated and kept as a household pet, but does not include animals normally raised for agricultural or commercial purposes. The definition of "domestic violence" was expanded to include "[a]ny conduct prohibited by KRS 525.125, 525.130, 525.135, or 525.137, or the infliction of fear of such imminent conduct, taken against a domestic animal when used as a method of coercion, control, punishment, intimidation, or revenge directed against a family member or member of an unmarried couple who has a close bond of affection to the domestic animal." Following a hearing, a court may issue a domestic violence order that awards possession of any shared domestic animal to the petitioner.

Summary: Beginning in 2010, Kentucky legislators used the legislative initiative process to pass House Bill 398, which requires the Kentucky Livestock Care Standards Commission to make recommendations to the Board of Agriculture to create standards for the keeping of livestock. In response, the Kentucky Board of Agriculture passed Administrative Regulation 302 21:030 in 2014 to provide additional standards and authorized practices for the keeping of livestock for beef and veal. These standards ensure that beef cows and veal calves have sufficient space, access to food and water, and that veal calves are kept in group pens to allow the calves to socialize.

Summary: Appellants, Teresa's Legacy Continues, Inc., a non-profit organization of concerned citizens and taxpayers in Kentucky sued the Governor and Commissioner of Agriculture alleging failure to monitor or enforce compliance with animal shelter statutes (KRS3 Chapter 258, Animal Control and Protection). The appellants contend that in 120 of Kentucky's counties, only 12% are in compliance with the statutes and over 50% are in violation of at least three statutes. In lieu of filing an answer, the appellants filed a motion to dismiss based largely on appellants' lack of standing. In response, the appellants claimed standing based on actual damage and argued that they have "a real and substantial interest in the outcome" because post-tax funds that are supposed to be for shelters will "unjustly enrich[]" the Commonwealth. The circuit court dismissed the complaint for lack of standing in 2018 and this appeal followed. On appeal, this court held that the failure to enforce Kentucky laws is not the particularized injury contemplated under the Lujan test. In fact, the court declined to expand the doctrine of standing to include an injury based on the appellants voluntary expenditure of personal time and resources to care for abandoned animals when they were under no legal obligation to do so. As to the asserted taxpayer standing, the court found that appellants failed to allege in circuit court that funds were being illegally expended and thus, could not consider this argument for the first time on appeal. Further, the animal shelter statutes at issue require only that the Governor and Commission of Agriculture disburse the funds and had no control over the oversight of funding (that goes to the governing board of each county). Thus, the cause of appellants' injuries could not be traced to the appellees. Lastly, the court acknowledged that while appellants have attempted to show standing via citizen and taxpayer status, Kentucky law has not previously considered that avenue. Said the court, "[p]erhaps, given the right facts and circumstances, one could obtain such standing. However, for the reasons set forth above, we cannot say the Appellants have properly pled it here." Affirmed.

Summary: This Kentucky regulation provides an exception for dogs in outdoor dining areas to the Kentucky food code. A dog may be allowed in the outdoor dining area if that area is not fully enclosed and there is a separate entrance to the outdoor dining area. Employees must prevent the dog from coming into contact with any food, dishes, utensils, linens, and other food service items. If the employee comes into contact with the patron dog, that employee must wash hands before returning to work. A sanitizing kit for dog messes must be made available in the area. Signage must be posted at entrances to the outdoor dining area explaining that dogs may be allowed, but they must are not allowed on seats or tables or must not be served from human food or water receptacles. Also, dogs must be kept on a leash and under control of an adult at all times. The food establishment may refuse to serve the patron with a dog if he or she fails to exercise reasonable control over the dog or the dog is behaving in a manner that comprises the health and safety of others.

Summary: This Kentucky law prohibits the release of a hog or pig from the family Suidae into the wild. It also prohibits the importation, possession, or transportation in Kentucky any wild or feral pig, Eurasian or Russian boar, or any hybrid of these, whether born in the wild or captivity.

Summary: This Kentucky law prohibits the use of ferrets in hunting. Additionally, the law states that no person shall keep a ferret which was born in the wild as a pet or for any purpose, unless he or she has procured a ferret permit from the commissioner.

Summary: This Kentucky statute makes computer assisted hunting within the state unlawful. It specifies that the provisions of the statute should not be construed to limit or prohibit the hunting rights or privileges provided to citizens with disabilities within the state. Any person who violates this provision will be fined not less than one hundred dollars ($100) nor more than five hundred dollars ($500). They may also be imprisoned for not more than six (6) months, or be fined and imprisoned.

Summary: This statute deals with the sale of unclaimed animals after an animal is left with a licensed veterinarian after providing care to the animal. Under the statute, the veterinarian is able to sell the animal for reasonable value if the animal is left unclaimed for ten days or more. Once the veterinarian determines that he or she will be selling the animal, he or she must provide notice to the owner prior to the sale.

Summary: A trust may be created to provide for the care of an animal alive during the settlor's lifetime. The trust terminates on the death of the animal or, if the trust was created to provide for the care of more than one (1) animal alive during the settlor's lifetime, on the death of the last surviving animal.

Summary: This Kentucky law states that any licensed veterinarian who performs professional services for an animal, by contract with, or by the written consent of, the owner or authorized agent shall have a lien on the animal to secure the cost of the service provided. The priority for the liens filed under this law is based upon when the first lien was filed.