Chapter 47: Livestock And Domestic Animals

Article 13: Garbage Restrictions

Statute 47-1307: Registration as garbage feeding operator, limitations; fees; certificate of registration, expiration and revocation; disposition of moneys. (a) Except as provided in subsection (g), no person, firm, partnership or corporation shall be allowed to register as a garbage feeding operator.

      (b)   It shall be unlawful for any person, firm, partnership or corporation to feed cooked garbage to animals, other than dogs, as permitted under K.S.A. 47-1302, and amendments thereto, unless the operator of such garbage feeding establishment shall have first registered as a garbage feeding operator with the livestock commissioner and shall have paid the annual registration fee under this section for each place where garbage is to be fed.

      (c)   The livestock commissioner may accept applications for registration on a form to be supplied by the commissioner's office. Upon the acceptance of such application for registration and the receipt of the annual registration fee under this section for each place where garbage is to be fed, the livestock commissioner shall issue to such applicant and operator a certificate of registration for the current operation period. Such certificate shall expire on June 30 each year following the date of issuance of the certificate of registration. The application for registration may be rejected and denied if the applicant does not supply all the information deemed essential by the livestock commissioner and if the applicant's garbage feeding establishment does not meet the requirements of article 13 of chapter 47 of Kansas Statutes Annotated, and amendments thereto, and the rules and regulations adopted thereunder.

      (d)   The livestock commissioner shall fix the annual registration fee in such amount as the commissioner deems desirable in interests of public service, but not in an amount of more than $15 per registration for each garbage feeding establishment.

      (e)   The certificate of registration for garbage feeding operators may be revoked by the livestock commissioner whenever the operator of a garbage feeding establishment is found to be operating in violation of law, or rules and regulations adopted thereunder, or in an unsanitary manner. Any such operator shall first be given notice of hearing and an opportunity to appear and be heard in defense of any proceeding for the revocation of any certificate of registration in accordance with the provisions of the Kansas administrative procedure act.

      (f)   The livestock commissioner shall remit all moneys received by or for the commissioner under article 13 of chapter 47 of Kansas Statutes Annotated and amendments thereto to the state treasurer at least monthly. Upon receipt of any such remittance, the state treasurer shall deposit the entire amount thereof in the state treasury and the same shall be credited to the animal disease control fund.

      (g) (1)   Any person, firm, partnership or corporation who on the effective date of this act is registered as a garbage feeding operator may continue to be registered through October 31, 2001 as a garbage feeding operator if such operator is in compliance with all applicable laws and rules and regulations concerning such garbage feeding establishment.

      (2)   The provision of subsections (b) through (f) shall apply only to those validly registered garbage feeding operators through October 31, 2001.

      History:   L. 1957, ch. 305, § 3; L. 1973, ch. 2, § 26; L. 1980, ch. 156, § 5; L. 1986, ch. 197, § 4; L. 1988, ch. 356, § 155; L. 1991, ch. 152, § 17; L. 2001, ch. 163, § 9; May 17.