Request By:
David A. Lanphear, Esq.
P.O. Box 1867
324 East Tenth Street
Bowling Green, Kentucky 42101
Opinion
Opinion By: Robert F. Stephens, Attorney General; By: Thomas R. Emerson, Assistant Attorney General
This is in reply to your letter raising a question concerning the Animal Control Authority in the City of Bowling Green. The Office of Animal Control Authority was recently created by the city and the position was filled by an employe of the local Humane Society. The question which has arisen is whether or not this person must be bonded in order to carry out her official duties as the Animal Control Authority or, stated another way, whether a humane society agent vested with the powers of a nonelective peace officer pursuant to KRS 61.300 and acting as the city's Animal Control Authority is required to be bonded.
KRS 436.605(1) provides as follows:
"Dog wardens and officers and agents of humane societies shall have the powers of peace officers for the purpose of enforcing the provisions of the Kentucky Revised Statutes relating to cruelty and mistreatment of animals, provided they possess the qualifications required under KRS 61.300."
KRS 61.300 sets forth the qualifications required of a nonelective peace officer and, as you have pointed out, there is no provision in that particular statute providing that peace officers be bonded. KRS 95.490 does require that police officers of cities of the second class give bond to the city but that statute is not applicable to the situation you have presented as we are not dealing with a member of the city police force.
In OAG 66-661, copy enclosed, we dealt extensively with the situation where an agent of a humane society acquires the powers of a peace officer in connection with enforcing the statutes relating to cruelty and mistreatment of animals and the application of KRS 61.300 under those circumstances. We said in that opinion that all humane society agents must actually qualify as peace officers by complying with the provisions of KRS 61.300 before they legally possess the powers of peace officers. An agent of the humane society should be appointed by written authority of the society and possess proper identification. Dismissal of an agent by the society not only nullifies the agent's right to serve as an officer of the society but also cancels his authority to serve as a peace officer. The powers of peace officers for the purpose of enforcing the provisions relating to cruelty and mistreatment of animals would be those powers set forth in KRS 431.005 (arrest by a peace officer) and KRS 431.015 (peace officer may issue a citation instead of making an arrest for a misdemeanor or violation committed in his presence).
Thus, in our opinion, an agent of the humane society, acting as the city's Animal Control Officer, who has actually qualified as a nonelective peace officer by complying with the requirements of KRS 61.300 and who has the pewers of a peace officer only for the purpose of enforcing the statutory provisions relating to cruelty and mistreatment of animals, is not required to be bonded.