In 1990, the park was opened by Bill and Judy Austin to the public. Kentucky must improve local county governments and their policies toward animal welfare. Ann. Although the role gender plays in enacting legislation would greatly benefit from further research, it is important to note its impact. [220]Studies show that self-regulation by counties concerning compliance with shelter laws is insufficient and that additional enforcement provisions are necessary to ensure compliance cross [sic] the state.[221] In order to address the statewide animal welfare issue, it is imperative that counties address animal welfare issues. 436.605, only animal control officers and agents of humane societies maintain the powers of peace officers, except for the power of arrest, for the purpose of enforcing the provisions of the Kentucky Revised States relating to cruelty, mistreatment, or torture of animals, provided they possess the qualifications required under KRS 61.300.[175] This statute provides that when an animal control officer or agent believes an act of cruelty, mistreatment, or torture of animals is being committed, after the officer makes an oath of such belief, the judge shall issue a search warrant to search the premises. Section two also addresses the need to recognize animals as more than mere property and explores the correlation between animal cruelty and human violence. Stat. [170] Andrew Wolfson, Bill would ban sex with pets, not other animals, courier-journal (Jan. 10, 2017), http://www.courier-journal.com/story/news/politics/ky-legislature/2017/01/09/bill-would-ban-sex-pets-not-other-animals/96262280/. [68] In fact, she was loved by the community, and was known not to have a mean bone in her body. Stat. For example, in People v. Thornton, the defendant was convicted under Section 3.01 as a first offense and sentenced to ten days incarceration, two years probation, 200 hours of community service, and restitution totaling $3,572.83. Ann. [121] Baby chicks or ducklings may not be sold, given away as pets or novelties, or awarded as prizes. Only attorneys practicing at least three years and receiving a sufficient number of reviews from non-affiliated attorneys are eligible to receive a Rating. [116]Though a first offense for cruel treatment under Section 3.01 of the Act is a misdemeanor, courts take first offender violations seriously. [7] However, a few days before Beauchamps trial was to begin, the Commonwealths Attorney for Daviess County accepted a plea agreement. Stat. Not surprisingly, for the eleventh year in a row, Kentucky has ranked last in the Animal Legal Defense Funds (ALDF) Animal Protection Laws Rankings. Kentucky state law requires dogs, cats, and ferrets to be vaccinated against rabies by the time they are four months old. Kentucky - Legal Animal Abuse Or Weak Protection Laws? [145] Additionally, it is imperative that shelter in cold weather is defined as to allow the animal to maintain its natural body temperature. Ann. Spay/neuter funding could decrease the number of unwanted animals who end up in shelters, or on the streets posing a risk to public health and safety. [38] It is up to legislatures to prescribe regulations abridging the recognition of animals as mere property. [231] ALDF Rankings, supra note 15, at 11. Over 50% of Kentuckys animal shelters are not in compliance with animal shelter laws. Stat. 70/10 (West 2018). Animal cruelty is generally a misdemeanor. Animal Protection Laws Rankings, Animal Legal Defense Fund, http://aldf.org/wp-content/uploads/2015/12/Rankings-Report-2015.pdf. Local county governments must address inadequate shelters and provide proper funding. This doesn't mean zookeepers like White aren't still hard at work. Ann. Kentucky Down Under is an Australia-themed animal park located in Horse Cave, Kentucky, United States.. In Kentucky, the Generally Assembly meets annually. [169] Astoundingly, Kentucky is one of nine states where having sex with animals is not a crime. [144] Id. Ann. Kentucky does not have any felony provisions for neglect or abandonment [81]; the state's animal protection statutes contain inadequate definitions and standards of basic care [82]; there are no increased penalties when abuse is committed in the presence of a minor or involves multiple animals [83]; [26] Thus, the property status of animals renders any balancing required under the humane treatment principle or animal welfare laws useless, because what is really being balanced are property owners interests against the interests of their animal property. Ann. [212] Employees lack the basic training required to adequately care for the animals. In order for the state to improve as a whole, it is imperative that local governments begin enhancing their regulations, otherwise change will not transpire.Kentucky has a long way to go in improving its ranking as the worst state for animal protection laws. Ann. [163] United States v. Chamness, No. 70/2.01(West 2018). Stat. [62]As studies have repeatedly shown, children exposed to domestic violence resort to animal cruelty as an easy way of getting back at the world.[63] Animal cruelty is one of the first reactions they have to their abuse experience. Ann. We should instead focus on the abusive nature of the perpetrator. Kentucky has continuously brought up the rear for being one of the worst states in the U.S. for animal welfare laws. 70/3.06 (West 2018). Kentucky still ranked 47th for animal protection laws. Stat. [223] ALDF Rankings, supra note 15, at 11; Ky. Rev. ; Ky. Rev. [162] Ky. Rev. Stat. [240] Stephan Otto, Crime & Punishment in Kentucky, Animal Legal Defense Fund (Oct. 26, 2009), http://aldf.org/blog/crime-punishment-in-kentucky/. Efforts by Nissen, the manager of the apartment complex, to contact defendant were unsuccessful. Because states can change their laws at any time, its always a good idea to check the current statutes by using this search tool. 181, sec . . [58] As Dr. Harold Hovel notes in his article about animal abuse and human violence, [d]omestic violence is the breeding ground for future violent and non-violent crimes.[59] Astonishingly, the connection between child abuse and animal abuse is 70-80%. [120] Under Section 4, no person may sell, barter, or give away any rabbit, baby chick, duckling or other fowl which has been subject to artificial coloring. 17, 2017), http://www.14news.com/story/25146393/indictment-in-shooting-of-collie-in-daviess-co-ky. [8] Lad, The Arrow Fund: Targeting Animal Cruelty (Aug. 25, 2014), http://thearrowfund.org/lad/. In Kentucky, psychological counseling is only required for people convicted of sexually assaulting an animal. [70] Telephone Interview with Susan Malcomb, President of Lexington Humane Society. [204] Additionally, studies have shown that significantly more women than men contribute their work to animal welfare organizations and to work in animal law. The 11-year-old ambushed and killed three kindergarten kids as well as two adults. [112] Finally, a person who uses an animal in entertainment in violation of certain subsections of 70/4.01 is guilty of a Class 4 felony for the first offense, with subsequent offenses being a Class 3 felony. Ann. Stat. [223]In the rare circumstance an offender is convicted, Kentucky courts are not required to seize the animal from the abuser. [75] The report assesses the strength of each jurisdictions animal protection laws and assigns a score based on fifteen different categories of animal protection. [10] Matthew Beauchamp was responsible for the inhumane and unimaginable death of Lad and walked away with no jail time. 70/3.01 (West 2018). [222], Recognition of the correlation between animal abuse and the resulting tendency for disregarding human suffering must be recognized in Kentucky. [100] 510 Ill. Comp. This was the case with Lad, a border collie from Daviess County, Kentucky. (502) 947-3573. dummy. Under Section 3.0 of the Act, a person convicted of aggravated cruelty is guilty of a Class 4 felony. 534.040 (LexisNexis 2017). [233]There is no statutory authority to allow protective orders to include animals. Other titles contain numerous provisions . It is also important that the law is inclusive of prohibitions to all animals, not just companion animals. In doing so, the legislature should take animal issues more seriously. 525.125 (West 2017). She enjoys spending time with the animals of the outback and telling visitors about them. [143] For example, Ky. Rev. [70] Although Franklin County Sheriff Pat Melton has announced that the juveniles in the video will be charged, he urged citizens who were outraged to use their passion and encourage Kentucky lawmakers to enact more effective animal cruelty laws.[71]. There are approximately 70 million pet dogs and 74.1 million pet cats in the U.S. where 20 men and women are assaulted per minute (an average of around 10 million a year). Because of the states glaring lack of adequate animal protection laws, the Bluegrass State has had the unenviable distinction as best state in the country to be an animal abuser for [ten] years in a row.[240] As of now, Kentuckys laws make it difficult to seek justice. [155] See Ky. Rev. Stat. [22] See Vicki Deisner, ASPCA, Presentation Regarding Regional Legislation and National Trends for Animal Welfare (2012). Kentucky Veterinary Medical Association fought for this law for 11 years. Supplemental Terms. 5/12-35 makes sexual conduct or sexual contact with an animal guilty of a Class 4 felony. Most county attorneys utilize part-time positions on top of running their own private practice. (Jan. 16, 2017). Thus, the officers knew that the yelping had persisted for several days, but did not know when, or if defendant might return to his apartment to tend to the distressed animal. at 4, 12, 19 (explaining that Kentucky has court ordered forfeiture laws for only equine). Stat. Super personnel.' Tom M., Columbus, MS. 270-786-1010 info@kentuckydownunder.com Visit Website [224] Kristen Kennedy, Realty Check: Why Kentucky is in the Dog House for Animal Abuse, WKYT (Feb. 08, 2012), http://www.wkyt.com/home/headlines/Kentucky_worst_in_nation_at_fighting_animal_abuse_138760019.html. [190]Additionally, Kentuckys legislative process itself plays an imperative role in the states position on animal welfare. [154] Any act of cruelty or abuse against an animal (with the exception of dog fighting and torture of a cat or dog resulting in serious physical injury or death), no matter how extreme, is a misdemeanor and cannot rise to the level of a felony until a subsequent offense is committed. If you are the site owner (or you manage this site), please whitelist your IP or if you think this block is an error please open a support ticket and make sure to include the block details (displayed in the box below), so we can assist you in troubleshooting the issue. Section four seeks to ascertain the causes for the harsh treatment of animals in Kentucky. Animal (per KRS 321.181) means any animal EXCEPT human beings. T. L, Ch. [42] Belinda Abraham, When Kids Kill, LinkedIn (Sept. 26, 2017), https://www.linkedin.com/pulse/when-kids-kill-belinda-abraham/. Prior results do not guarantee a similar outcome and Martindale-Hubbell accepts no responsibility for the content or accuracy of any review. Animal welfare bills are extremely difficult to move through legislation. The acts specified in this section shall not constitute cruelty to animals under KRS 525.125 or 525.130. Ann. Ann. [14] These are just two examples of the inadequate protections afforded to the animals of Kentucky. 6/26/18 Owners came home and took the tarp down. [151] They were underweight and emaciated, had no water or heat source, and had all suffered from upper respiratory infections and mouth rot. [209] In one-third of Kentuckys animal shelters, it is debatable whether or not they are even in compliance with animal cruelty laws. Ann. [13] In addition, the plea agreement raised doubt as to the effectiveness in preventing Browning from having other horses in his possession. [238] Finally, humane officers lack broad law enforcement authority. [20]We live in a society that appears to care deeply about animal welfare. Stat. [64] Fighting animal cruelty can save many lives, prevent human and animal suffering, help protect children and elders from domestic violence, and lead to far less human violence overall. [44] John Thompson, deputy executive director of the National Sheriffs Association states, that [i]f somebody is harming an animal, there is a good chance they also are hurting a human.[45] Thompson went on to say that [i]f we see patterns of animal abuse, the odds are that something else is going on.[46] Putting an end to animal cruelty has the potential to drastically reduce the percentage of violent crime.Anthropologist Margaret Mead once noted, [o]ne of the most dangerous things that can happen to a child is to kill or torture an animal and get away with it.[47] Take Andrew Golden for example. Disregarding human suffering must be recognized in Kentucky the perpetrator animal welfare issue it... Must address inadequate shelters and provide proper funding issue, it is that. Abusive nature of the correlation between animal abuse and animal abuse or Weak Protection laws a collie! ] United states v. Chamness, no as prizes Medical Association fought for this law for years! 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