21-4316. Same; disposition of dogs; assessment of expenses of care.
21-4316
21-4316. Same; disposition of dogs; assessment ofexpenses of care.(a) When a person is arrested under K.S.A. 21-4315and amendments thereto, a law enforcement agency may take into custody anydog on the premises where the dog fight is alleged to have occurred andany dog owned or kept on the premises of any person arrested for unlawfulconduct of dog fighting,unlawful attendance of dogfighting or unlawfulpossession of dog fighting paraphernalia under K.S.A. 21-4315, andamendments thereto.
(b) When a law enforcement agency takes custody of a dog under this section,such agency may place the dog in the care of a duly incorporated humanesociety or licensed veterinarian for boarding, treatment or other care.If it appears to a licensed veterinarian that the dog is diseased or disabledbeyond recovery for any useful purpose, such dog may be humanely killed.The dog may be sedated, isolated or restrained if such officer, agent orveterinarian determines it to be in the best interest of the dog, otheranimals at the animal shelter or personnel of the animal shelter.If the dog is placed in the care of an animal shelter, the board ofcounty commissioners in the county where the animal was taken into custodyshall establish and approve procedures whereby the animal shelter may petitionthe district court to be allowed to place the dog for adoption or euthanize thedog at any time after 20 days after the dog is taken into custody, unless theowner or custodian of the dog files a renewable cash or performance bond withthe county clerk of the county where the dog is being held, in an amountequal to not less than the cost of care and treatment of the dog for 30 days.Upon receiving such petition, the court shall determine whether the dog may beplaced for adoption or euthanized. The board of county commissioners in thecounty where the animal was taken into custody shall review the cost of careand treatment being charged by the animal shelter maintaining the animal.Except as provided in subsection (c), if it appears to the licensedveterinarianby physical examination that the dog has not been trained for aggressiveconduct or is a type of dog that is not commonly bred or trained foraggressive conduct, the district or county attorney shall order that thedog be returned to its owner when the dog is not needed as evidence in acase filed under K.S.A. 21-4315 or 21-4310, and amendments thereto. Theowner or keeper of a dog placed for adoption orhumanely killedunder this subsection (b) shall not be entitled to damages unless the owneror keeper proves that such placement or killing was unwarranted.
(c) If a person is convicted of unlawful conduct of dog fighting,unlawful attendance of dog fighting orunlawful possession of dog fightingparaphernalia under K.S.A. 21-4315, andamendments thereto, a dog taken into custody pursuant to subsection (a)shall not be returned to such person and thecourt shall order the owneror keeper to pay to the animal shelter allexpenses incurred for the care,treatment and boarding of such dog, including any damages caused by suchdog,prior to conviction of the owner or keeper. Disposition of such dog shallbe in accordance with K.S.A. 21-4311, and amendments thereto.If no such conviction results, the dog shall be returned to theowner or keeper and the court shall order the county where the dog was takeninto custody to pay to the animal shelter all expenses incurred by the shelterfor the care, treatment and boarding of such dog, including any damages causedby such dog, prior to its return.
History: L. 1984, ch. 123, § 2;L. 1995, ch. 244, § 4;L. 1996, ch. 44, § 2;L. 2009, ch. 132, § 6; July 1.