Request By:
Mr. John Graham
President
Lexington Humane Society
1600 Old Frankfort Pike
Lexington, Kentucky 40504
Opinion
Opinion By: Steven L. Beshear, Attorney General; By: Thomas R. Emerson, Assistant Attorney General
This is in reply to your letter raising a question concerning accessibility to the county dog pound. You state that in some counties the dog warden employed by the fiscal court has established the dog pound on his own property. In some instances the dog warden has taken the position that since the county dog pound is located on private property it is not subject to visitation by the general public. In some areas the dog warden will only allow members of the fiscal court to have access to the county dog pound.
Your question is how much access the general public may demand and expect to a dog pound facility, conducted for the county government but located on private property.
KRS 258.195 requires the fiscal court of each county to employ a dog warden and to establish and maintain a dog pound. These responsibilities are not discretionary but have been mandatorily imposed upon the fiscal courts. See Upchurch v. Clinton County, Ky., 330 S.W.2d 428 (1959).
While a county dog pound must be established, the statute does not require that the county itself actually construct its own pound. KRS 258.195(1) provides in part that, ". . . Instead of setting up pounds, one or more counties acting jointly may take advantage of the facilities of suitable pounds already in operation by counties, cities, humane societies, or other organizations or individuals . . . ." Furthermore, in 3A C.J.S. Animals § 334, it is stated that, "Pounds of private organizations, to which public authority has been delegated by contract or statute, may be established." Thus, a fiscal court may utilize, as the county dog pound, suitable facilities located on a person's private property.
In at least two opinions this office has concluded that the county dog warden is a minor county officer. See OAG 72-351 and OAG 70-492, copies enclosed.
KRS 61.160 deals with the closing of public offices. The statute covers the closing of all public offices in the county; it applies to each public office and each public officer must observe the provisions of the statute. The practical effect of the statute is to guarantee that public offices will be open to the public five days a week and while the statute does not specifically set forth the duration of a work day, it is our opinion that a work day of seven to eight hours would be reasonable. See OAG 70-684 and OAG 75-464, copies enclosed. Furthermore, as a result of a 1976 amendment to KRS 61.160, public county offices may now close one full day of any week (Monday through Saturday) or any two half days (Monday through Saturday) of any week. In addition, KRS 258.195 provides in part that the fiscal court may adopt and enforce regulations relative to pound standards, the naming of persons who shall serve as dog wardens, providing for the fixing of salaries of wardens and assistants, and such other matters that may be incidental to efficient and proper operation of the county dog pound.
Thus, where the county dog pound is located on the private premises of the county dog warden, the dog warden, as a minor county officer, is required to make his facilities available to the public for the transaction of legitimate business activities at least five days a week for seven to eight hours per day.