CONSUMPTION OF ALCOHOL BY MINORS: PARENTAL RESPONSIBILITY AND LIABILITY

Information from the County Attorney's Office

By Steven J. Franzen, Campbell County Attorney

With prom season and summer upon us, I thought it may be helpful to write a column to assist all parents of underage children to become aware of the potential problems with minors consuming alcohol.

I am writing to you asking for your help in trying to get a message out to your students and their parents concerning the problem of underage drinking and the responsibility and liability of parents.

About this time of the year a couple of years ago, I received a phone call from a very upset parent whose daughter had gotten drunk at a friend's house.  That parent did not want to press any criminal charges but just asked if there was something the County Attorney's Office could do to alert minors, parents and school officials about the alcohol problem. 

First of all, it should be pointed out that under Kentucky law, you must be twenty-one (21) years of age in order to purchase or consume alcohol.  This office is very much aware of underage individuals drinking alcohol at parties at friends' homes or other locations and the serious problem of parents or other adults having knowledge of and/or facilitating that drinking.  This office has already prosecuted and gotten jail time for parents and coaches of sports teams who have thrown parties for kids and allowed the consumption of alcohol at those parties.

Most parents know it is illegal to give alcohol to a minor at a party at their home.  Some parents do not realize that under Kentucky law and/or under local ordinances that have been passed in many parts of the county, it is a criminal offense to have any underage drinking occur on their property if the parent knew, or should have known, about the drinking.

An example of the penalties for the above-noted violations includes fines up to $250.00 and jail time up to ninety (90) days for a first offense and fines up to $500.00 and jail time up to one (1) year for any subsequent offense.

In the event of personal injury or property damage occurring from a violation of minors consuming alcohol on their property, parents are subject to severe civil penalties in addition to the criminal sanctions.

I know it's tempting and may be somewhat traditional in some families to throw a party for a child who is a high school senior and allow the consumption of alcohol, but the risk of injury or death to the students or other citizens is not worth it.  Also, this office will aggressively prosecute any violations of Kentucky law or local ordinances concerning this problem that are brought to our attention

Hopefully, minors and parents will take this message seriously and some families will be spared the heartbreak of injury or death from an alcohol-related accident and avoid criminal and civil penalties.  This office would encourage you to get this message out to your students and their parents by including it in newsletters or other documents or possibly addressing the subject at your various parent group meetings, i.e. Boosters, Mother's Club, PTA, etc.  If you think it would be helpful, please feel free to include a copy of this letter with any of your correspondence to students or parents.

Thank you for your time and concern in this matter and if I can be of any assistance in addressing the alcohol problem, please feel free to contact me.”

If you have any topics you would like to have covered in this column, please contact my office by e-mail at campbellcoatty@gmail.com, by phone at 491-7700 or by regular mail addressed to 319 York Street, Newport, Kentucky 41071.

Dog Regulations

Information from the County Attorney's Office

By Steven J. Franzen, Campbell County Attorney

Due to the great deal of people who have dogs in the County, an article concerning State and local regulations about the keeping of dogs may be helpful. 

State law requires every owner to have his dog vaccinated for rabies by the age of four (4) months and revaccinated one (1) year after the initial vaccination.  After that, the period of time for revaccination is dependent on the type of vaccine and should be listed on the vaccination certificate from the veterinarian. 

The veterinarian is required to give you a metal tag bearing a serial number and the year of expiration of the immunization which must be hooked to the dog’s collar.  There is a possible penalty of $10 to $100 for violation of these provisions and each day is a separate violation.

In years past, dog owners were required to license their dogs through the State as well as through the County.  However, since 2004, the State no longer requires a license tag for dogs.  Peace officers, dog wardens or animal control officers may seize and impound any dog found running at large which does not bear a proper license tag or other legible identification.  If the officer, after a diligent effort, is unable to seize the dog, then the officer is permitted to destroy the dog by any reasonable and humane means. 

Kentucky law also provides that any person may kill or seize any dog which he sees in the act of pursuing or wounding any livestock, or wounding or killing poultry or attacking human beings, whether or not the dog bears a license tag.  Also, any person who has been attacked by a dog may file a criminal complaint charging the owner or keeper of the dog with harboring a vicious dog.  The penalty for harboring a vicious dog is a minimum fine of $50 and/or a minimum 10 days in jail even if this is the first time.  Moreover, once a court declares a dog vicious, Kentucky law requires that the owner not allow the dog to run at large or appear in public except when visiting a veterinarian or being turned into the animal shelter.  In any circumstance when the dog is in public, the dog must be muzzled.  Lastly, once a dog is declared vicious, the owner must ensure the dog is confined to a locked enclosure at least 7 feet high or a locked kennel with a secured top.

If a person is bitten by a dog, cat, ferret or other animal, a treating physician is required to report the incident to the local Health Department within twelve (12) hours of providing treatment.  The Health Department then has the authority to quarantine the animal for up to ten (10) days if the animal exhibits symptoms of rabies.  In lieu of a quarantine, the Health Department may order the animal to be destroyed and then tested for rabies.  Animal owners are prohibited from destroying or disposing of animals that have bitten humans.  They are liable for any rabies treatment if the animal is destroyed or disposed of prior to rabies testing or quarantine.

I hope this information is interesting and helpful.  If you have any topics you would like to have covered in this column, please contact my office by e-mail at CountyAttorney@CampbellCountyKY.org, by phone at 491-7700 or by regular mail addressed to 319 York Street, Newport, Kentucky 41071.