Kentucky Statutes 436.605 – Animal control officers and humane agents have powers of peace officers, except power of arrest — Search warrants — Execution of search warrants — Arrest by peace officer
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(1) Animal control officers and officers and agents of humane societies who are employed by, appointed by, or have contracted with a city, county, urban-county, charter county, or consolidated local government to provide animal sheltering or animal control services shall have the powers of peace officers, except for the power of arrest, for the purpose of enforcing the provisions of the Kentucky Revised Statutes relating to cruelty, mistreatment, sexual crimes against, or torture of animals, provided they possess the qualifications required under KRS § 61.300.
(2) When any peace officer, animal control officer, or any officer or agent of any society or association for the prevention of cruelty to animals duly incorporated under the laws of this Commonwealth who is employed by, appointed by, or has contracted with a city, county, urban-county, charter county, or consolidated local government to provide animal sheltering or animal control services makes an oath before any judge of a District Court that he has reasons to believe or does believe that an act of cruelty, mistreatment, sexual crimes against, or torture of animals is being committed in a building, barn, or other enclosure, the judge shall issue a search warrant directed to the peace officer, animal control officer, or officer or agent of the society or association for the prevention of cruelty to animals to search the premises. If a peace officer finds that an act of cruelty, mistreatment, sexual crimes against, or torture of animals is being perpetrated, the offender or offenders shall be immediately arrested by the peace officer and brought before the court for trial. If an animal control officer or an officer or agent of a society or association for the prevention of cruelty to animals finds that an act of cruelty, mistreatment, sexual crimes against, or torture of animals is being perpetrated, the officer or agent shall summon a peace officer to arrest the offender or offenders and bring them before the court for trial.
Effective: June 27, 2019
History: Amended 2019 Ky. Acts ch. 184, sec. 4, effective June 27, 2019. — Amended
2004 Ky. Acts ch. 189, sec. 29, effective July 13, 2004. — Amended 1976 (1st Extra. Sess.) Ky. Acts ch. 14, sec. 444, effective January 1, 1978. — Amended 1974 Ky. Acts ch. 406, sec. 328. — Created 1966 Ky. Acts ch. 215, secs. 4 and 7.
(2) When any peace officer, animal control officer, or any officer or agent of any society or association for the prevention of cruelty to animals duly incorporated under the laws of this Commonwealth who is employed by, appointed by, or has contracted with a city, county, urban-county, charter county, or consolidated local government to provide animal sheltering or animal control services makes an oath before any judge of a District Court that he has reasons to believe or does believe that an act of cruelty, mistreatment, sexual crimes against, or torture of animals is being committed in a building, barn, or other enclosure, the judge shall issue a search warrant directed to the peace officer, animal control officer, or officer or agent of the society or association for the prevention of cruelty to animals to search the premises. If a peace officer finds that an act of cruelty, mistreatment, sexual crimes against, or torture of animals is being perpetrated, the offender or offenders shall be immediately arrested by the peace officer and brought before the court for trial. If an animal control officer or an officer or agent of a society or association for the prevention of cruelty to animals finds that an act of cruelty, mistreatment, sexual crimes against, or torture of animals is being perpetrated, the officer or agent shall summon a peace officer to arrest the offender or offenders and bring them before the court for trial.
Terms Used In Kentucky Statutes 436.605
- Animal: includes every warm-blooded living creature except a human being. See Kentucky Statutes 446.010
- Arrest: Taking physical custody of a person by lawful authority.
- City: includes town. See Kentucky Statutes 446.010
- Oath: A promise to tell the truth.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
Effective: June 27, 2019
History: Amended 2019 Ky. Acts ch. 184, sec. 4, effective June 27, 2019. — Amended
2004 Ky. Acts ch. 189, sec. 29, effective July 13, 2004. — Amended 1976 (1st Extra. Sess.) Ky. Acts ch. 14, sec. 444, effective January 1, 1978. — Amended 1974 Ky. Acts ch. 406, sec. 328. — Created 1966 Ky. Acts ch. 215, secs. 4 and 7.