Statute 21-4311: Same; 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.
History: L. 1977, ch. 116, § 3; L. 1986, ch. 127, § 1;
L. 1996, ch. 44, § 1; July 1.