Kentucky Statutes 257.105 – Sale of unclaimed animals held by veterinarian
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(1) In addition to KRS § 257.100 or any other provision authorized by law, any unclaimed animal held by a licensed veterinarian for more than ten (10) days of veterinary care and treatment requested by the owner or lawful possessor of the animal may be summarily sold by the veterinarian for the reasonable value of the animal upon compliance with the procedures set forth in this section.
(2) The veterinarian under subsection (1) of this section shall give written notice of the required payment for services performed and notice of the proposed sale of the animal to the owner or lawful possessor of the animal and to any lienholders of record by certified mail. If the whereabouts of the owner or lawful possessor of the animal cannot be ascertained with reasonable diligence, a notice of the proposed sale shall be published in a newspaper, qualified under KRS § 424.120, circulated in the county where the animal is located at least ten (10) days preceding the sale. The notice shall state the amount due and the date, place and time of sale.
(3) The proceeds of a sale under this section shall first be used to reimburse the veterinarian for an amount equal to the reasonable value of the veterinary care and treatment, plus any other care and board given the animal; the excess amount, if any, from a sale shall be paid to the owner or lawful possessor of the animal or to other persons legally entitled thereto. If the proceeds from the sale fail to cover the amount owed the veterinarian, the owner or lawful possessor of the animal shall remain liable for the unpaid portion.
(4) A sale under this section shall not relieve the owner or lawful possessor of the animal from any other obligation to the veterinarian.
(5) Any veterinarian making a sale provided for in this section shall make a sworn statement setting forth the following:
(a) The kind and number of animals sold;
(b) The amount realized from any such sale;
(c) The amount claimed due by the veterinarian;
(d) The name of the former owner or lawful possessor requesting the care and treatment performed by the veterinarian on the animal or animals sold;
(e) The dates when the treatment was commenced and was completed;
(f) The date or dates when notice of the proposed sale was given the owner or lawful possessor of the animal or animals sold;
(g) The description or the identification number of the animal or animals sold, and if branded, the brand thereon;
(h) The name and address of the veterinarian making the sale; and
(i) The name and address of the purchaser of the animal or animals sold.
The record shall be filed within five (5) days of the sale in the office of the county clerk of the county in which the sale is made.
Effective: June 25, 2009
History: Amended 2009 Ky. Acts ch. 22, sec. 10, effective June 25, 2009. — Created
1990 Ky. Acts ch. 452, sec. 1, effective July 13, 1990.
(2) The veterinarian under subsection (1) of this section shall give written notice of the required payment for services performed and notice of the proposed sale of the animal to the owner or lawful possessor of the animal and to any lienholders of record by certified mail. If the whereabouts of the owner or lawful possessor of the animal cannot be ascertained with reasonable diligence, a notice of the proposed sale shall be published in a newspaper, qualified under KRS § 424.120, circulated in the county where the animal is located at least ten (10) days preceding the sale. The notice shall state the amount due and the date, place and time of sale.
Terms Used In Kentucky Statutes 257.105
- Animal: includes every warm-blooded living creature except a human being. See Kentucky Statutes 446.010
- Board: means the Board of Agriculture. See Kentucky Statutes 257.010
- Certified mail: means any method of governmental, commercial, or electronic delivery that allows a document or package to have proof of:
(a) Sending the document or package. See Kentucky Statutes 446.010 - Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- Owner: means any person owning or leasing from another, or having in charge any domestic animal. See Kentucky Statutes 257.010
- State: when applied to a part of the United States, includes territories, outlying possessions, and the District of Columbia. See Kentucky Statutes 446.010
- Sworn: includes "affirmed" in all cases in which an affirmation may be substituted for an oath. See Kentucky Statutes 446.010
- Treatment: when used in a criminal justice context, means targeted interventions
that focus on criminal risk factors in order to reduce the likelihood of criminal behavior. See Kentucky Statutes 446.010
(3) The proceeds of a sale under this section shall first be used to reimburse the veterinarian for an amount equal to the reasonable value of the veterinary care and treatment, plus any other care and board given the animal; the excess amount, if any, from a sale shall be paid to the owner or lawful possessor of the animal or to other persons legally entitled thereto. If the proceeds from the sale fail to cover the amount owed the veterinarian, the owner or lawful possessor of the animal shall remain liable for the unpaid portion.
(4) A sale under this section shall not relieve the owner or lawful possessor of the animal from any other obligation to the veterinarian.
(5) Any veterinarian making a sale provided for in this section shall make a sworn statement setting forth the following:
(a) The kind and number of animals sold;
(b) The amount realized from any such sale;
(c) The amount claimed due by the veterinarian;
(d) The name of the former owner or lawful possessor requesting the care and treatment performed by the veterinarian on the animal or animals sold;
(e) The dates when the treatment was commenced and was completed;
(f) The date or dates when notice of the proposed sale was given the owner or lawful possessor of the animal or animals sold;
(g) The description or the identification number of the animal or animals sold, and if branded, the brand thereon;
(h) The name and address of the veterinarian making the sale; and
(i) The name and address of the purchaser of the animal or animals sold.
The record shall be filed within five (5) days of the sale in the office of the county clerk of the county in which the sale is made.
Effective: June 25, 2009
History: Amended 2009 Ky. Acts ch. 22, sec. 10, effective June 25, 2009. — Created
1990 Ky. Acts ch. 452, sec. 1, effective July 13, 1990.