21-4311. Same; custody of animal; disposition; damages for killing, when; expenses of care assessed owner, when; duty of county or district attorney.
21-4311
21-4311. Same; custody of animal; disposition;damagesfor killing, when; expenses of care assessed owner, when; duty of county ordistrict attorney.(a) Any public health officer, law enforcement officer, licensedveterinarian or officer or agent of any incorporated humanesociety, animal shelter or other appropriate facility may take intocustody any animal, upon either private or public property, whichclearly shows evidence of cruelty to animals, as defined in K.S.A.21-4310 and amendments thereto. Such officer, agent orveterinarian may inspect, care for or treat such animal or place suchanimal in the care of a duly incorporated humane society or licensedveterinarian for treatment, boarding or other care or, if an officer ofsuch humane society or such veterinarian determines that the animal appearsto be diseased or disabled beyond recovery for any useful purpose, for humanekilling.If the animal is placed in the care of an animal shelter, the animal sheltershall notify the owner or custodian, if known or reasonably ascertainable. Ifthe owner or custodian is charged with a violation of K.S.A. 21-4310, andamendments thereto, the board of county commissioners in the county where theanimal was taken into custody shall establish and approve procedures wherebythe animal shelter may petition the district court to be allowed to place theanimal for adoption or euthanize the animal at any time after 20 days after theowner or custodian is notified or, if the owner or custodian is not known orreasonably ascertainable after 20 days after the animal is taken into custody,unless the owner or custodian of the animal filesa renewable cash or performance bond with the county clerk of the countywherethe animal is being held, in an amount equal to not less than the cost of careand treatment of the animal for 30 days. Upon receiving such petition, thecourt shall determine whether the animal may be placed for adoption oreuthanized. The board of county commissioners in the county where the animalwas taken into custody shall review the cost of care and treatment beingcharged by the animal shelter maintaining the animal.
(b) The owner or custodian of an animal placed for adoptionor killed pursuant tosubsection (a) shall not be entitled to recover damagesfor the placement or killing of such animal unless the owner proves thatsuch placement or killingwas unwarranted.
(c) Expenses incurred for the care, treatment or boarding of anyanimal, taken into custody pursuant to subsection (a), pendingprosecutionof the owner or custodian of such animal for the crime of cruelty toanimals, as defined in K.S.A. 21-4310 and amendments thereto, shall beassessed to the owner or custodian as a cost of the case if the owner orcustodian is adjudicated guilty of such crime.
(d) Upon the filing of a sworn complaint by any public healthofficer,law enforcement officer, licensed veterinarian or officer or agent of anyincorporated humane society, animal shelter or other appropriate facilityalleging the commission of cruelty to animals, as defined in K.S.A. 21-4310and amendments thereto, the county or district attorney shall determine thevalidity of the complaint and shall forthwith file charges for the crime if thecomplaint appears to be valid.
(e) If a person is adjudicated guilty of the crime of cruelty toanimals, as defined in K.S.A. 21-4310 and amendments thereto,and the court having jurisdiction is satisfied that an animal owned orpossessed by such person would be in the future subjected to such crime,such animal shall not be returned to or remain with such person. Suchanimal may be turned over to a duly incorporated humane society orlicensed veterinarian for sale or other disposition.
History: L. 1977, ch. 116, § 3; L. 1986, ch. 127, § 1;L. 1996, ch. 44, § 1; July 1.