Kansas
Anti-Cruelty StatutesKANSAS
STATUTES
CHAPTER 21. CRIMES AND PUNISHMENTS
KANSAS CRIMINAL CODE (ARTICLES
31 TO 47)
PART II. PROHIBITED CONDUCT
ARTICLE 43. CRIMES AGAINST THE PUBLIC
MORALS
21-4310.
Cruelty to animals.
(a)
Cruelty to animals is: - (1)
Intentionally killing, injuring, maiming, torturing or mutilating any animal;
- (2)
abandoning or leaving any animal in any place without making provisions for its
proper care;
- (3)
having physical custody of any animal and failing to provide such food, potable
water, protection from the elements, opportunity for exercise and other care as
is needed for the health or well-being of such kind of animal; or
- (4)
intentionally using a wire, pole, stick, rope or any other object to cause an
equine to lose its balance or fall, for the purpose of sport or entertainment.
(b) The
provisions of this section shall not apply to: - (1)
Normal or accepted veterinary practices;
- (2)
bona fide experiments carried on by commonly recognized research facilities;
- (3)
killing, attempting to kill, trapping, catching or taking of any animal in accordance
with the provisions of chapter 32 or chapter 47 of the Kansas Statutes Annotated;
- (4)
rodeo practices accepted by the rodeo cowboys' association;
- (5)
the humane killing of an animal which is diseased or disabled beyond recovery
for any useful purpose, or the humane killing of animals for population control,
by the owner thereof or the agent of such owner residing outside of a city or
the owner thereof within a city if no animal shelter, pound or licensed veterinarian
is within the city, or by a licensed veterinarian at the request of the owner
thereof, or by any officer or agent of an incorporated humane society, the operator
of an animal shelter or pound, a local or state health officer or a licensed veterinarian
three business days following the receipt of any such animal at such society,
shelter or pound;
- (6)
with respect to farm animals, normal or accepted practices of animal husbandry;
- (7)
the killing of any animal by any person at any time which may be found outside
of the owned or rented property of the owner or custodian of such animal and which
is found injuring or posing a threat to any person, farm animal or property;
- (8)
an animal control officer trained by a licensed veterinarian in the use of a tranquilizer
gun, using such gun with the appropriate dosage for the size of the animal, when
such animal is vicious or could not be captured after reasonable attempts using
other methods; or
- (9)
laying an equine down for medical or identification purposes.
(c)
As used in this section, "equine" means a horse, pony, mule, jenny,
donkey or hinny. (d)
Cruelty to animals is a class A nonperson misdemeanor. 21-4311.
Cruelty to animals;
custody of animal; disposition; damages for killing, when; expenses of care assessed
owner, when; duty of county or district attorney. (a)
Any public health officer, law enforcement officer, licensed veterinarian or officer
or agent of any incorporated humane society, animal shelter or other appropriate
facility may take into custody any animal, upon either private or public property,
which clearly shows evidence of cruelty to animals, as defined in K.S.A. 21-4310
and amendments thereto. Such officer, agent or veterinarian may inspect, care
for or treat such animal or place such animal in the care of a duly incorporated
humane society or licensed veterinarian for treatment, boarding or other care
or, if an officer of such humane society or such veterinarian determines that
the animal appears to be diseased or disabled beyond recovery for any useful purpose,
for humane killing. If the animal is placed in the care of an animal shelter,
the animal shelter shall notify the owner or custodian, if known or reasonably
ascertainable. If the owner or custodian is charged with a violation of K.S.A.
21-4310, and amendments thereto, the board of county commissioners in the county
where the animal was taken into custody shall establish and approve procedures
whereby the animal shelter may petition the district court to be allowed to place
the animal for adoption or euthanize the animal at any time after 20 days after
the owner or custodian is notified or, if the owner or custodian is not known
or reasonably ascertainable after 20 days after the animal is taken into custody,
unless the owner or custodian of the animal files a renewable cash or performance
bond with the county clerk of the county where the animal is being held, in an
amount equal to not less than the cost of care and treatment of the animal for
30 days. Upon receiving such petition, the court shall determine whether the animal
may be placed for adoption or euthanized. The board of county commissioners in
the county where the animal was taken into custody shall review the cost of care
and treatment being charged by the animal shelter maintaining the animal. (b)
The owner or custodian of an animal placed for adoption or killed pursuant to
subsection (a) shall not be entitled to recover damages for the placement or killing
of such animal unless the owner proves that such placement or killing was unwarranted.
(c) Expenses
incurred for the care, treatment or boarding of any animal, taken into custody
pursuant to subsection (a), pending prosecution of the owner or custodian of such
animal for the crime of cruelty to animals, as defined in K.S.A. 21-4310 and amendments
thereto, shall be assessed to the owner or custodian as a cost of the case if
the owner or custodian is adjudicated guilty of such crime. (d)
Upon the filing of a sworn complaint by any public health officer, law enforcement
officer, licensed veterinarian or officer or agent of any incorporated humane
society, animal shelter or other appropriate facility alleging the commission
of cruelty to animals, as defined in K.S.A. 21-4310 and amendments thereto, the
county or district attorney shall determine the validity of the complaint and
shall forthwith file charges for the crime if the complaint appears to be valid.
(e) If a person
is adjudicated guilty of the crime of cruelty to animals, as defined in K.S.A.
21-4310 and amendments thereto, and the court having jurisdiction is satisfied
that an animal owned or possessed by such person would be in the future subjected
to such crime, such animal shall not be returned to or remain with such person.
Such animal may be turned over to a duly incorporated humane society or licensed
veterinarian for sale or other disposition.
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