KRS 259.120: Method of taking up and posting stray equines and stray cattle -- Fees.

Stray equines and stray cattle shall be taken up and posted in the following manner:

(1) (a) Documentation of stray equines shall be taken before a county

judge/executive of the district, who shall administer to the taker -up an oath, in

substance, that the equine was taken up by him or her as a stray and that he or

she has not defaced or altered the marks, brands, or other identifiers, including

but not limited to microchips or freeze brands, of the equine.

(b) Documentation of stray cattle shall be taken before a county judge/executive

of the district, who shall administer to the taker -up an oath, in substance that

the cattle were taken by him or her as strays on his or her premises within the

preceding ten (10) days and that he or she has not defaced or altered the marks

or brands of the cattle.

(c) Duties of the county judge/executive pertaining to stray equines shall be to:

1. Contract with a licensed veterinarian, who shall document the stray

equine's breed, color, sex, marks, brands, scars, and other distinguishing

features, perform a microchip scan, and identify the existence of lip

tattoos, freeze brands, or microchips;

2. Record the veterinarian's findings, the nam e and residence of the taker -

up, and the location of the stray equine in a book to be kept by him or

her for that purpose;

3. Maintain documentation in electronic and paper format; and

4. Send a copy of the documentation of the stray equine to the Office of

State Veterinarian, who shall post notification on the Office of State

Veterinarian's website. The Office of State Veterinarian shall post one

(1) photograph of the stray equine's front view, including its head and

feet, and one (1) photograph of the stray equine's side view from muzzle

to tail.

(d) Pertaining to stray equines, the county judge/executive:

1. May contract, subject to approval by the county legislative body, with

one (1) or more 501(c)(3) organizations that provide animal sheltering

services to perform those duties listed under this subsection and

subsection (2) of this section in lieu of the county judge/executive; and

2. Shall be immune from criminal liability and civil li ability under KRS

259.140 for any discretionary act related to the taking up and posting of

stray equines, including but not limited to any care, treatment, or

population control measures, including immunocontraception, related to

the equines that are taken up;

(2) The county judge/executive shall give to the taker -up a copy of the documentation

for the record and immediately deliver to the county clerk a certified copy of the

same record;

(3) The clerk shall immediately record the stray certificate of the county

judge/executive as provided by the taker -up in a book to be kept by him or her for

that purpose;

(4) The taker -up shall immediately post a copy of the county judge/executive's

certificate in the sheriff's office with jurisdiction over the area where the stray cattle

or stray equine was taken up after he or she has posted the stray. Hold time for stray

equines shall begin after all documentation has been properly filed and posted by

the county judge/executive and taker-up; and

(5) (a) If ownership is found from identifiers of the stray equine such as lip tattoos,

freeze brands, or microchips, efforts shall be made by the county/judge

executive or his or her designee to ascertain the owner by investigatory due

diligence in locating the owner and providi ng notice before holding time

expires. The owner/claimants of the stray equine shall reimburse the county

judge/executive for the cost of the veterinarian's assessment per the contracted

agreement.

(b) The taker-up shall be paid by the owner of the stray, if and when he or she

claims the stray or its value, the actual itemized costs incurred by the taker -up

for keeping the stray equine or cattle. In the event that a dispute arises relating

to ownership, adverse claimants, third -party claims or liens, value of the

equine, or actual itemized expenses incurred, the parties may file an action in

a court of competent jurisdiction of the county in which the stray equine was

taken up. The filing of an action under this paragraph shall toll holding time

as to vesting of ownership interests.

(c) The taker-up may have the stray equine sterilized only after the fifteen (15)

day holding period has expired and ownership vested pursuant to KRS

259.130, and any pending court cases pertaining to the stray equine have been

resolved.