KRS § 259.120 — KY Code / Title XXI / Chapter 259 / Section 259.120
259.120 Method of taking up and posting stray equines and stray cattle -- Fees
Status: in_force

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 as a stray and that he 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 as strays on his premises within the preceding ten

(10) days and that he 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 name and residence of the taker-

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

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

Veterinarian's Web site. The Office of the 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;

(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 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 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 designee to ascertain the owner by investigatory due diligence

in locating the owner and providing 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 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.