47-122a. Livestock running at large; taking up such livestock by county sheriff; notice; sale; disposition of proceeds of sale; consolidated law enforcement department.
47-122a
47-122a. Livestock running at large; taking up such livestock by countysheriff; notice; sale; disposition of proceeds of sale; consolidated lawenforcement department.(a) Whenever the owner or the owner's authorized agent allows any livestockto run at large, in violation of K.S.A. 47-122, and amendments thereto, andsuch livestock remainson the property of another person, the sheriff of the county in which suchlivestock are running at large, at the request of such person upon whoseproperty the livestock are running at large, may take such livestock intocustody and retain them in a secure holding area.
(b) The county sheriff shall give notice to the owner or the owner'sauthorizedagent within 24 hours after taking such livestock intocustodythat the owner or the owner's authorized agent has 10 dayswithinwhich to claim such livestock and to pay all actual costs for taking up,keeping and feeding of such livestock.
(c) If the owner or the owner's authorized agent fails to claim thelivestockand to pay all actual costs within the ten-day period, thecounty sheriffshall cause the livestock to be delivered to a public livestock market or to asecure holding area approved by the livestock commissioner. Ifthe livestock is delivered to the market, the county sheriff shall cause suchlivestock to be sold at such market to the highest bidderfor cash.Livestock held in a secure holding area other than a livestock market shallbe advertised by the county sheriff in the official county newspaper and soldto the highest bidder for cash.
(d) The county sheriff shall pay out of the proceeds from the sale of suchlivestock, all actual costs for taking up, keeping andfeeding of suchlivestock. Any proceeds remaining in the hands of the sheriff after paymentof all actual costs, shall be paid to the owner of the livestock or theowner's authorized agent. If the owner or the owner's authorized agentis not known or cannot be located, the proceeds remaining after the paymentof actual costs shall be paid to the county treasurer of the county in whichthe livestock were running at large. Such funds shall be deposited by thecounty treasurer in the county's special stray fund provided for in K.S.A.47-239, and amendments thereto.
(e) In counties having a consolidated law enforcement department, theprovisions of this section relating to sheriffs shall be deemed to referto such department.
History: L. 1979, ch. 167, § 1;L. 1997, ch. 129, § 1; July 1.