259.120 Method of taking up and posting stray equines and stray cattle -- Fees.
628 words·~3 min read·
/ky/chapter-259/259-120A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Stray equines and stray cattle shall be taken up and posted in the following manner:
(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
(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
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.