Dog Bite Lawyer: Kentucky Dog Bite Law

Kentucky Dog Bite Law

TITLE XXI. AGRICULTURE AND ANIMALS

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CHAPTER 258. DOGS

PENALTIES

KRS § 258.990 (2002)

§ 258.990. Penalties

(1) Any person who violates KRS 258.015, 258.035, 258.055, 258.065 or 258.085, shall be fined not less than ten dollars ($ 10) nor more than one hundred dollars ($ 100). Each day of violation shall constitute a separate offense.

(2) The owner of any dog not vaccinated according to the provisions of this chapter shall be liable to pay all damages for personal injuries resulting from the bite of such dog, if rabid.

(3) (a) Any person violating or failing or refusing to comply with KRS 258.095 to 258.365 and subsections (3) and (4) of this section, except KRS 258.235(5)(a), shall, upon conviction, be fined not less than five dollars ($ 5) and not more than one hundred dollars ($ 100) or be imprisoned for not less than five (5) nor more than sixty (60) days or both so fined and imprisoned.

(b) Any person violating KRS 258.235(5)(a) shall be punished by a fine of not less than fifty dollars ($ 50) nor more than two hundred dollars ($ 200), or by imprisonment in the county jail for not less than ten (10) nor more than sixty (60) days, or by both fine and imprisonment.

(4) All fines collected under subsection (3) of this section shall after costs and commissions have been deducted, be paid to the department to be credited to the livestock fund.

HISTORY: Enact. Acts 1954, ch. 119, § § 11 and 40; 1958, ch. 126, § 34; 1998, ch. 440, § 11, effective July 15, 1998.

NOTES:

COMPILER'S NOTES. Former KRS 258.990 (68a-8, 68a-9, 68b-20, 68b-33) was repealed by Acts 1954, § 41.

OPINIONS OF ATTORNEY GENERAL. Where a county failed to appoint a dog warden or establish a dog pound, the penalty provisions of this section would apply to the fiscal court members in their initial capacity, even though the county itself is cloaked with sovereign immunity. OAG 79-161.

CITED: Upchurch v. Clinton County, 330 S.W.2d 428 (Ky. 1959).

COLLATERAL REFERENCES. 3A C.J.S., Animals, § § 13, 30, 97, 187, 202, 273.