67.082 Declaration of epidemic area -- Animal population reduction program -- Liability of state personnel.
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potential epidemic of a disease transmissible to man and domestic animals exists or
is threatened in any species of wildlife, declare all or any portion of that county to
be an epidemic area. Following a declaration, the fiscal court may, with approval of
the Cabinet for Health and Family Services and the Department of Fish and Wildlife
Resources, conduct control programs, including population reduction programs,
against any species of wildlife including, but not limited to, red and gray foxes,
skunks, and rodents which may be serving as reservoirs and/or vectors of any
disease transmissible to human beings and/or domestic animals including but not
limited to rabies, leptospirosis, salmonellosis, and Rocky Mountain spotted fever.
These control programs may include but shall not be limited to hunting, trapping,
vaccination, and use of poisons. Technical and operational assistance for the
programs shall be made available by the Cabinet for Health and Family Services,
the Department of Fish and Wildlife Resources, and the Department of Agriculture.
A control program established under authority of this section may be conducted by
the individual or joint action of the referred-to state agencies, the local health
department, or individual property owners designated as agents of said cabinets and
departments. In the event poisonous baits are used to control an outbreak of rabies
in wildlife, those programs shall be under the direction of the Cabinet for Health
and Family Services. All pet animals in the area shall be quarantined for the
duration of the program by action of the local board of health. These programs shall
be regulated to provide specific identification of bait station locations, daily check
of each bait station, and positive pickup and destruction of all unconsumed baits at
the end of the program. (2) No liability shall be imposed upon any state agency or local agency or any employee or agent thereof for any injury occurring to domesticated animals, individuals, or
property in carrying out programs in good faith authorized by this section, but all
persons and agencies shall be liable to the extent otherwise provided by law for
ordinary and gross negligence. Effective: June 20, 2005
History: Amended 2005 Ky. Acts ch. 99, sec. 110, effective June 20, 2005. -- Amended 1998 Ky. Acts ch. 426, sec. 92, effective July 15, 1998. -- Amended 1984 Ky. Acts
ch. 111, sec. 47, effective July 13, 1984. -- Amended 1974 Ky. Acts ch. 74, Art. VI,
sec. 107(1). -- Created 1972 Ky. Acts ch. 98, sec. 1(1).