Baldwin's Kentucky Revised Statutes Annotated. Title XVI. Motor Vehicles. Chapter 189. Traffic Regulations; Vehicle Equipment and Storage
189.575 Yielding right-of-way to blind pedestrian
Title XXI. Agriculture and Animals. Chapter 258. Animal Control and Protection
258.500 Definitions for section; persons with assistance dogs not to be denied accommodations, transportation, or elevator service; conditions; exemption from licensing fees; denial of emergency medical treatment for assistance dog prohibited; documentation may be requested in some instances; handler liable for damages
Penalties
258.991 Penalties
Title XXXII. Ownership and Conveyance of Property. Chapter 383. Landlord and Tenant
383.085 Assistance animals; reasonable accommodations in dwellings; limitation of liability; penalty for misrepresentation of an assistance animal
Title L. Kentucky Penal Code. Chapter 525. Riot, Disorderly Conduct, and Related Offenses .
525.010 Definitions for chapter
525.200 Assault on a service animal in the first degree; definition
525.205 Assault on a service animal in the second degree
525.210 Duty status of service animal not a factor in application of KRS 525.200 and 525.205
525.215 Defendant's liability for damages upon conviction of assault on a service animal
525.220 Bars and defenses to conviction of assault on a service animal
Exemption from quarantine of animals suspected of having rabies
Title XVI. Motor Vehicles. Chapter 189. Traffic Regulations; Vehicle Equipment and Storage
189.575 Yielding right-of-way to blind pedestrian
The operator of a vehicle shall yield the right-of-way to any blind pedestrian carrying a clearly visible white cane or accompanied by an assistance dog.
HISTORY: 2002 c 94, § 1, eff. 7-15-02; 1978 c 46, § 9, eff. 6-17-78; 1950 c 48, § 1 to 3
Title XXI. Agriculture and Animals. Chapter 258. Animal Control and Protection
258.500 Definitions for section; persons with assistance dogs not to be denied accommodations, transportation, or elevator service; conditions; exemption from licensing fees; denial of emergency medical treatment for assistance dog prohibited; documentation may be requested in some instances; handler liable for damages
(1) As used in this section, unless the context requires otherwise:
(a) “Assistance dog” means a dog that has been individually trained to do work or perform tasks for a person with disabilities and is considered a service animal under the Americans with Disabilities Act, 42 U.S.C. sec. 12101 et seq.;
(b) “Emotional support animal” means a companion animal that may provide support to alleviate the symptoms or effects of a person's disability, but the animal has not been individually trained to do work or perform tasks for a person with disabilities and is not considered a service animal under the Americans with Disabilities Act, 42 U.S.C. sec. 12101 et seq.;
(c) 1. “Person” means a “person with a disability” as defined by KRS 210.770 who has an ongoing therapeutic relationship with a health care provider for the provision of care with at least one (1) of the following health care providers who maintains an active practice within the state:
a. A licensed clinical social worker who holds a valid, unrestricted state license under KRS 335.100;
b. A professional clinical counselor or professional counselor associate who holds a valid, unrestricted state license under KRS 335.525;
c. An advanced practice registered nurse who holds a valid, unrestricted state license under KRS 314.042;
d. A psychologist who holds a valid, unrestricted state license under KRS 319.050;
e. A licensed psychological practitioner who holds a valid, unrestricted state license under KRS 319.053; or
f. A physician who holds a valid, unrestricted state license under KRS 311.571.
2. “Person” also includes a trainer of an assistance dog; and
(d) “Therapeutic relationship with a health care provider” does not include transactions for documentation of disability in exchange for a fee unless there has been a face-to-face in-office consultation with the health care provider.
(2) If a person is accompanied by an assistance dog, neither the person nor the dog shall be denied admittance to any hotel, motel, restaurant, or eating establishment, nor shall the person be denied full and equal accommodations, facilities, and privileges of all public places of amusement, theater, or resort when accompanied by an assistance dog.
(3) Any person accompanied by an assistance dog shall be entitled to full and equal accommodations on all public transportation if the dog does not occupy a seat in any public conveyance nor endanger the public safety.
(4) No person shall be required to pay additional charges or fare for the transportation of any accompanying assistance dog.
(5) No person accompanied by an assistance dog shall be denied admittance and use of any public building nor denied the use of any elevator operated for public use.
(6) Any person accompanied by an assistance dog may keep the dog in his or her immediate custody while a tenant in any apartment or building used as a public lodging.
(7) All trainers accompanied by an assistance dog shall have in their personal possession identification verifying that they are trainers of assistance dogs.
(8) The rights, privileges, and accommodations granted to a person under this section shall not be enforceable if the person has not complied, at the time of seeking the accommodation, with the legal requirements to:
(a) Tag and vaccinate the assistance dog pursuant to KRS 258.015;
(b) Leash, unless the person's disability otherwise requires, and control the assistance dog at all times;
(c) Prevent the assistance dog from disrupting or fundamentally altering the provision of goods or services offered by the establishment regardless of whether the establishment is in a public place;
(d) Prevent the assistance dog from becoming a nuisance, urinating or defecating, or running at large; and
(e) License the assistance dog pursuant to KRS 258.135.
(9) Assistance dogs are exempt from all state and local licensing fees.
(10) Licensing authorities shall accept that the dog for which the license is sought is an assistance dog if the person requesting the license is a person with a disability or the trainer of the dog.
(11) Emergency medical treatment shall not be denied to an assistance dog assigned to a person regardless of the person's ability to pay prior to treatment.
(12) No person shall willfully or maliciously interfere with an assistance dog or the dog's user.
(13) It shall not be a violation of this section for an establishment to:
(a) Ask if the dog is an assistance dog and what tasks the dog performs for the person making the request to be accompanied by an assistance dog;
(b) Maintain a general no pets policy if the policy is not used to exclude assistance dogs; or
(c) Refuse admittance of an assistance dog if admittance jeopardizes the health and safety of others.
(14) Any establishment under subsection (6) of this section that would admit an animal under tenancy may request documentation if the disability or disability-related need is not readily apparent. Documentation shall be from a health care provider listed in subsection (1)(c)1.a. to f. of this section with whom the person requesting an assistance dog has an ongoing therapeutic relationship. Documentation shall identify the work or tasks that the assistance animal performs for the person that are directly related to that person's disability or therapeutic needs.
(15) The handler of an assistance dog shall be liable for damage caused by the assistance dog.
(16) Nothing in this section shall be construed to require the admittance of an emotional support animal in establishments where assistance dogs are required to be admitted, except with regard to the establishments described in subsection (6) of this section, in which case the requirements of KRS 383.085 shall apply. Nothing in this section shall be construed to extend any other rights, privileges, or exemptions afforded to assistance dogs to emotional support animals.
Credits
HISTORY: 2024 c 140, § 1, eff. 7-15-24; 2007 c 48, § 1, eff. 6-26-07; 2004 c 189, § 23, eff. 7-13-04; 2002 c 94, § 2, eff. 7-15-02; 1998 c 163, § 1, eff. 7-15-98; 1990 c 44, § 1, eff. 7-13-90; 1982 c 44, § 1; 1978 c 184, § 1; 1970 c 92, § 81; 1966 c 118, § 1 to 4
Penalties
(1) Any person violating KRS 258.500(2), (3), (4), (5), (6), (11), or (12) shall be punished by a fine of not less than five hundred dollars ($500) nor more than one thousand dollars ($1,000). No person shall be charged with a violation of KRS 258.500(2), (3), (4), (5), (6), (11), or (12) if the requirements of KRS 258.500(7) and (8) are not met.
(2) Misrepresentation of a dog as an assistance dog to gain accommodation under KRS 258.335(2) is a violation with a fine of up to one thousand dollars ($1,000).
Credits
HISTORY: 2024 c 140, § 3, eff. 7-15-24; 2007 c 48, § 2, eff. 6-26-07; 2002 c 94, § 3, eff. 7-15-02; 1998 c 163, § 2, eff. 7-15-98; 1966 c 118, § 5, eff. 6-16-66
Title XXXII. Ownership and Conveyance of Property. Chapter 383. Landlord and Tenant
383.085 Assistance animals; reasonable accommodations in dwellings; limitation of liability; penalty for misrepresentation of an assistance animal
(1) As used in this section:
(a) “Assistance animal” means an animal that works, provides assistance, or performs tasks for the benefit of a person with a disability, or provides emotional support that alleviates one or more identified symptoms or effects of a person's disability. This shall include a service animal specifically trained or equipped to perform tasks for a person with a disability, or an emotional support animal that provides support to alleviate one or more identified symptoms or effects of a person's disability; and
(b) “Therapeutic relationship” means the provision of care, in good faith, to the person with a disability by:
1. A licensed clinical social worker who holds a valid, unrestricted state license under KRS 335.100 and who maintains an active practice within the state;
2. A professional counselor who holds a valid, unrestricted state license under KRS 335.525 and who maintains an active practice within the state;
3. An advanced practice registered nurse who holds a valid, unrestricted state license under KRS 314.042 and who maintains an active practice within the state;
4. A psychologist who holds a valid, unrestricted state license under KRS 319.050 or 319.053 and who maintains an active practice within the state; or
5. A physician who holds a valid, unrestricted state license under KRS 311.571 and who maintains an active practice within the state.
An individual who moves from another state may provide documentation from a health-services provider who is licensed in that state, so long as the person with a disability has an ongoing therapeutic relationship with the provider. This definition shall not include a health-care provider described in this paragraph whose primary service is to provide documentation to a person requesting a reasonable accommodation in exchange for a fee.
(2) A person with a disability may submit a request for a reasonable accommodation to maintain an assistance animal in a dwelling. Unless the person's disability or disability-related need is readily apparent, the person receiving the request may ask the person making the request to provide reliable documentation of the disability-related need for an assistance animal, including documentation from any person with whom the person making the request has or has had a therapeutic relationship.
(3) Unless the person making the request has a disability or disability-related need for an assistance animal that is readily apparent, a person receiving a request for a reasonable accommodation to maintain an assistance animal in a dwelling shall evaluate the request and any reliable supporting documentation to verify the disability-related need for the reasonable accommodation regarding an assistance animal. The person receiving the request may independently verify the authenticity of any supporting documentation.
(4) A person with a disability who is granted a reasonable accommodation to maintain an assistance animal in a dwelling shall comply with the rental agreement or any rules and regulations of the property owner applicable to all residents that do not interfere with an equal opportunity to use and enjoy the dwelling and any common areas of the premises. The person shall not be required to pay a pet fee or deposit or any additional rent to maintain an assistance animal in a dwelling, but shall be responsible for any physical damages to the dwelling if residents who maintain pets are responsible for physical damages to the dwelling caused by pets. Nothing in this section shall be construed to affect any cause of action against any resident for other damages under the laws of the Commonwealth.
(5) Notwithstanding any other law to the contrary, a landlord shall not be liable for injuries by a person's assistance animal permitted on the landlord's property as a reasonable accommodation to assist the person with a disability pursuant to the Fair Housing Act, as amended, 42 U.S.C. secs. 3601 et seq., the Americans with Disabilities Act of 1990, 42 U.S.C. secs. 12101 et seq., and Section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. sec. 701, or any other federal, state, or local law.
(6) A person commits the offense of misrepresentation of an assistance animal if the person knowingly:
(a) Misrepresents as a part of a request for a reasonable accommodation to maintain an assistance animal in a dwelling that the person has a disability or disability-related need for the use of an assistance animal;
(b) Makes materially false statements for the purpose of obtaining documentation for the use of an assistance animal in housing;
(c) Provides a document to another falsely stating that an animal is an assistance animal for use in housing;
(d) Fits an animal, which is not an assistance animal, with a harness, collar, vest, or sign that the pet is an assistance animal for use in housing;
(e) Engages in fraud, deceit, or dishonesty in providing documentation to a person as a part of a request for the use of an assistance animal in housing; or
(f) Provides documentation as a part of a request for an assistance animal in housing to a person for the primary purpose of obtaining a fee.
(7) Misrepresentation of an assistance animal is a violation with a fine of up to one thousand dollars ($1,000).
Credits
HISTORY: 2019 c 145, § 1, eff. 6-27-19; 2018 c 49, § 1, eff. 7-14-18
Title L. Kentucky Penal Code. Chapter 525. Riot, Disorderly Conduct, and Related Offenses.
525.010 Definitions for chapter
The following definitions apply in this chapter unless the context otherwise requires:
(1) “Desecrate” means defacing, damaging, polluting, or otherwise physically mistreating in a way that the actor knows will outrage the sensibilities of persons likely to observe or discover his or her action.
(2) “Public” means affecting or likely to affect a substantial group of persons.
(3) “Public place” means a place to which the public or a substantial group of persons has access and includes but is not limited to highways, transportation facilities, schools, places of amusements, parks, places of business, playgrounds, and hallways, lobbies, and other portions of apartment houses and hotels not constituting rooms or apartments designed for actual residence. An act is deemed to occur in a public place if it produces its offensive or proscribed consequences in a public place.
(4) “Transportation facility” means any conveyance, premises, or place used for or in connection with public passenger transportation by air, railroad, motor vehicle, or any other method. It includes aircraft, watercraft, railroad cars, buses, and air, boat, railroad, and bus terminals and stations and all appurtenances thereto.
(5) “Riot” means a public disturbance involving an assemblage of five (5) or more persons which by tumultuous and violent conduct creates grave danger of damage or injury to property or persons or substantially obstructs law enforcement or other government function.
(6) “Service animal” includes a:
(a) “Bomb detection dog,” which means a dog that is trained to locate bombs or explosives by scent;
(b) “Electronic detection dog,” which means a dog that is trained to locate electronic devices by scent;
(c) “Narcotic detection dog,” which means a dog that is trained to locate narcotics by scent;
(d) “Patrol dog,” which means a dog that is trained to protect a peace officer and to apprehend a person;
(e) “Tracking dog,” which means a dog that is trained to track and find a missing person, escaped inmate, or fleeing felon;
(f) “Search and rescue dog,” which means a dog that is trained to locate lost or missing persons, victims of natural or man-made disasters, and human bodies;
(g) “Accelerant detection dog,” which means a dog that is trained for accelerant detection, commonly referred to as arson canines;
(h) “Cadaver dog,” which means a dog that is trained to find human remains;
(i) “Assistance dog,” which has the same meaning as in KRS 258.500;
(j) Any dog that is trained in more than one (1) of the disciplines specified in paragraphs (a) to (i) of this subsection;
(k) “Police dog,” which means any dog that is owned, or the service of which is employed, by a law enforcement agency as defined in KRS 61.298 for the principal purpose of aiding in detection of criminal activity, enforcement of laws, and apprehension of offenders; or
(l) “Police horse,” which means any horse that is owned, or the service of which is employed, by a law enforcement agency for the principal purpose of aiding in detection of criminal activity, enforcement of laws, and apprehension of offenders.
Credits
HISTORY: 2024 c 140, § 4, eff. 7-15-24; 2023 c 169, § 1, eff. 6-29-23; 2002 c 94, § 4, eff. 7-15-02; 1998 c 419, § 1, eff. 7-15-98; 1974 c 406, § 211, eff. 1-1-75
525.200 Assault on a service animal in the first degree; definition
(1) A person is guilty of assault on a service animal in the first degree when, without legal justification or lawful authority:
(a) He or she intentionally kills or causes serious physical injury to a service animal;
(b) He or she intentionally causes physical injury to a service animal by means of a deadly weapon or dangerous instrument; or
(c) He or she wantonly causes serious physical injury to a service animal by means of a deadly weapon or dangerous instrument.
(2) For the purposes of this section, “service animal” has the same meaning as in KRS 525.010, except that “service animal” does not include assistance dogs as in KRS 525.010(6)(i).
(3) Assault on a service animal in the first degree is a Class D felony.
Credits
HISTORY: 2023 c 169, § 2, eff. 6-29-23; 2017 c 29, § 1, eff. 6-29-17; 1998 c 419, § 2, eff. 7-15-98
525.205 Assault on a service animal in the second degree
(1) A person is guilty of assault on a service animal in the second degree when he intentionally and without legal justification or lawful authority causes physical injury to a service animal.
(2) Assault on a service animal in the second degree is a Class B misdemeanor.
HISTORY: 1998 c 419, § 3, eff. 7-15-98
525.210 Duty status of service animal not a factor in application of KRS 525.200 and 525.205
KRS 525.200 and 525.205 shall apply whether or not the service animal is on duty or off duty.
HISTORY: 1998 c 419, § 4, eff. 7-15-98
525.215 Defendant's liability for damages upon conviction of assault on a service animal
In any case in which a defendant is convicted of a violation of the provisions of KRS 525.200 or 525.205, the defendant may be ordered to make restitution to the person or agency owning the animal for any veterinary bills, replacement costs of the animal if it is disabled or killed, and the salary of the animal handler for the period of time his services are lost to the agency or self-employment.
HISTORY: 1998 c 419, § 5, eff. 7-15-98
525.220 Bars and defenses to conviction of assault on a service animal
No person shall be convicted of assault on a service animal when he or she has:
(1) Also been convicted of a violation of KRS 512.020, 512.030, 525.125, or 525.130 arising out of the same incident;
(2) Destroyed or treated a service animal that is injured, diseased, or suffering or that constitutes a hazard to public safety if not destroyed;
(3) Used physical force against the service animal in protection of himself, herself, or a third person; or
(4) Used physical force without knowledge that the animal was a service animal.
Credits
HISTORY: 2024 c 174, § 14, eff. 7-15-24; 1998 c 419, § 6, eff. 7-15-98