Kansas Statutes

Chapter 47: Livestock And Domestic Animals

Article 2: Strays

Statutes:

• 47-201:
• 47-202:
• 47-203:
• 47-204:
• 47-205:
• 47-206:
• 47-207:
• 47-208:
• 47-209:
• 47-210:
• 47-211:
• 47-212, 47-213:
• 47-214:
• 47-215:
• 47-216:
• 47-217, 47-218:
• 47-219:
• 47-220, 47-221:
• 47-222:
• 47-223, 47-224:
• 47-225:
• 47-226:
• 47-227, 47-228:
• 47-229: Definitions.
• 47-230: Taking up stray; notice, requirements; record of ownership and animal released, when; costs.
• 47-231:
• 47-232: Certification to court where controversy between adverse claimants; affidavits; testimony; order determining ownership and disposition of sale proceeds.
• 47-233 to 47-235:
• 47-236: Care of strays.
• 47-237: Penalties for unlawful acts.
• 47-238: Same; advertising stray by sheriff; delivery of animal to market; sale; conditions.
• 47-239: Same; publication notice for sale; contents; disposition of proceeds of sale; special stray fund; establishing of ownership within six months of sale.

• 47-201:

        History:   G.S. 1868, ch. 105, § 5; R.S. 1923, 47-201; Repealed, L. 1945, ch. 226, § 10; June 28.

• 47-202:

        History:   G.S. 1868, ch. 105, § 6; R.S. 1923, 47-202; Repealed, L. 1945, ch. 226, § 10; June 28.

• 47-203:

        History:   G.S. 1868, ch. 105, § 7; R.S. 1923, 47-203; Repealed, L. 1945, ch. 226, § 10; June 28.

• 47-204:

        History:   G.S. 1868, ch. 105, § 8; L. 1887, ch. 229, § 1; R.S. 1923, 47-204; Repealed, L. 1945, ch. 226, § 10; June 28.

• 47-205:

        History:   G.S. 1868, ch. 105, § 9; L. 1874, ch. 127, § 1; R.S. 1923, 47-205; Repealed, L. 1945, ch. 226, § 10; June 28.

• 47-206:

        History:   G.S. 1868, ch. 105, § 10; L. 1874, ch. 127, § 2; R.S. 1923, 47-206; L. 1929, ch. 210, § 1; Repealed, L. 1945, ch. 226, § 10; June 28.

• 47-207:

        History:   G.S. 1868, ch. 105, § 11; L. 1874, ch. 127, § 3; R.S. 1923, 47-207; L. 1929, ch. 210, § 2; Repealed, L. 1945, ch. 226, § 10; June 28.

• 47-208:

        History:   G.S. 1868, ch. 105, § 12; L. 1874, ch. 127, § 4; R.S. 1923, 47-208; Repealed, L. 1945, ch. 226, § 10; June 28.

• 47-209:

        History:   G.S. 1868, ch. 105, § 13; R.S. 1923, 47-209; L. 1927, ch. 236, § 1; Repealed, L. 1945, ch. 226, § 10; June 28.

• 47-210:

        History:   G.S. 1868, ch. 105, § 14; R.S. 1923, 47-210; Repealed, L. 1945, ch. 226, § 10; June 28.

• 47-211:

        History:   G.S. 1868, ch. 105, § 15; L. 1870, ch. 114, § 1; R.S. 1923, 47-211; L. 1929, ch. 210, § 3; Repealed, L. 1945, ch. 226, § 10; June 28.

• 47-212, 47-213:

        History:   G.S. 1868, ch. 105, §§ 16, 17; R.S. 1923, 47-212, 47-213; Repealed, L. 1945, ch. 226, § 10; June 28.

• 47-214:

        History:   G.S. 1868, ch. 105, § 18; L. 1870, ch. 114, § 2; R.S. 1923, 47-214; L. 1929, ch. 210, § 4; Repealed, L. 1945, ch. 226, § 10; June 28.

• 47-215:

        History:   G.S. 1868, ch. 105, § 19; L. 1874, ch. 127, § 5; R.S. 1923, 47-215; Repealed, L. 1945, ch. 226, § 10; June 28.

• 47-216:

        History:   G.S. 1868, ch. 105, § 20; R.S. 1923, 47-216; Repealed, L. 1945, ch. 226, § 10; June 28.

• 47-217, 47-218:

        History:   G.S. 1868, ch. 105, §§ 21, 22; R.S. 1923, 47-217, 47-218; Repealed, L. 1945, ch. 226, § 10; June 28.

• 47-219:

        History:   G.S. 1868, ch. 105, § 23; R.S. 1923, 47-219; Repealed, L. 1945, ch. 226, § 10; June 28.

• 47-220, 47-221:

        History:   G.S. 1868, ch. 105, §§ 24, 25; R.S. 1923, 47-220, 47-221; Repealed, L. 1945, ch. 226, § 10; June 28.

• 47-222:

        History:   G.S. 1868, ch. 105, § 26; R.S. 1923, 47-222; L. 1929, ch. 210, § 5; Repealed, L. 1945, ch. 226, § 10; June 28.

• 47-223, 47-224:

        History:   G.S. 1868, ch. 105, §§ 27, 28; R.S. 1923, 47-223, 47-224; Repealed, L. 1945, ch. 226, § 10; June 28.

• 47-225:

        History:   G.S. 1868, ch. 105, § 29; L. 1874, ch. 127, § 6; R.S. 1923, 47-225; Repealed, L. 1945, ch. 226, § 10; June 28.

• 47-226:

        History:   G.S. 1868, ch. 105, § 30; L. 1874, ch. 127, § 7; R.S. 1923, 47-226; Repealed, L. 1945, ch. 226, § 10; June 28.

• 47-227, 47-228:

        History:   G.S. 1868, ch. 105, §§ 31, 32; R.S. 1923, 47-227, 47-228; Repealed, L. 1945, ch. 226, § 10; June 28.

• 47-229: Definitions. As used in this act: (a) "Domestic animals," shall include all domestic animals except dogs and cats.

        (b)   "Stray" or "strays" shall mean any domestic animal which is found running at large, contrary to law, or which may be found in any enclosure other than that of its ownership, and whose owner is not known in the community or whose owner cannot be found.

        History:   L. 1945, ch. 226, § 1; June 28.

• 47-230: Taking up stray; notice, requirements; record of ownership and animal released, when; costs. Any person may take up any stray found upon his premises, or upon any public thoroughfare adjoining thereto, and he shall report such taking up to the sheriff of the county in which the stray is taken up within twenty-four (24) hours after the taking up of such stray. In giving such notice, the taker-up shall describe said stray to the sheriff by stating the kind of animal, color, weight, size, sex and age, the marks, brands or other distinguishing features of the animal, if any there may be, the place where the animal is kept and the address of the taker-up. The sheriff upon being given such notice shall notify the state livestock commissioner and the owners of all registered brands found on said animal. If the sheriff and the livestock commissioner or his duly authorized representatives find and establish the ownership of said animal, a record to that effect shall be kept, and said animal shall be then released to the established owner: Provided, That said owner has paid all costs accrued in said stray proceeding and has paid to the taker-up reasonable compensation for keeping and feeding said stray, as determined and agreed to by both the sheriff and the state livestock commissioner or his authorized representative, together with the cost for any damage which said stray may have caused.

        History:   L. 1945, ch. 226, § 2; L. 1947, ch. 297, § 1; L. 1951, ch. 310, § 1; L. 1965, ch. 329, § 1; L. 1970, ch. 205, § 1; July 1.

• 47-231:

        History:   L. 1945, ch. 226, § 3; Repealed, L. 1970, ch. 205, § 5; July 1.

• 47-232: Certification to court where controversy between adverse claimants; affidavits; testimony; order determining ownership and disposition of sale proceeds. In the event that there are more than one claimant to any stray, and if a contest or controversy ensues as a result of adverse claimants, the sheriff shall certify the matter to the district court of the county in which the stray is taken up, and said court shall docket said matter in a proper docket supplied by the county. The claimants shall have ten (10) days following the date of the docketing of said matter to file affidavits in support of their several claims. The said court shall also have the right and authority to hear oral testimony at any reasonable time on notice to the claimants to determine the ownership of such stray. After any such hearing the said court shall enter a finding and order determining the ownership of said stray and directing the distribution of the proceeds from the sale of such stray animal.

        History:   L. 1945, ch. 226, § 4; L. 1970, ch. 205, § 4; L. 1976, ch. 145, § 201; Jan. 10, 1977.

• 47-233 to 47-235:

        History:   L. 1945, ch. 226, §§ 5 to 7; Repealed, L. 1970, ch. 205, § 5; July 1.

• 47-236: Care of strays. Any person taking up a stray as hereinbefore provided, shall feed and care for said stray and not injure or abuse it, and if any stray shall die while in the possession of the taker-up without fault of said taker-up, he shall not be responsible for said death or held liable for damages therefor.

        History:   L. 1945, ch. 226, § 8; June 28.

• 47-237: Penalties for unlawful acts. If any person shall unlawfully take up any stray or fails to comply with the provisions of this act or uses or works such stray before giving notice or shall drive the same on any premises for the purpose of unlawfully taking up the same, or shall keep the same out of the county when taken up more than five days at one time before sale, he shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not exceeding one hundred dollars, or by imprisonment for not exceeding thirty days, or by both such fine and imprisonment.

        History:   L. 1945, ch. 226, § 9; June 28.

• 47-238: Same; advertising stray by sheriff; delivery of animal to market; sale; conditions. After the sheriff has received notice of the taking up of any stray, and the ownership not having been established, the sheriff shall advertise such stray in the area where taken up, and shall cause the stray animal to be delivered to a public livestock market or to a terminal livestock market, and shall sell or cause said stray animal to be sold at such a market, to the highest bidder for cash: Provided, Such advertisement shall be at least seven (7) days before sale date, and such sale date shall be at least twenty-one (21) days after date the stray was reported to the sheriff.

        History:   L. 1970, ch. 205, § 2; July 1.

• 47-239: Same; publication notice for sale; contents; disposition of proceeds of sale; special stray fund; establishing of ownership within six months of sale. The notice for the sale of the stray shall be published for one (1) issue in a publication or publications having general circulation in the area where said stray was taken up, which notice shall describe the stray animal by stating the kind, sex, age, and brands. The notice shall not contain any statement as to the color of the stray animal, or as to any marks or other distinguishing features, and it shall not contain the name or address of the taker-up of such animal. Out of the proceeds from the sale of said stray animal, the sheriff shall pay the taker-up of such animal, reasonable compensation for his keeping and feeding of the same, and the sheriff shall pay all costs of the stray proceedings. Any proceeds remaining in the hands of the sheriff after payment of feeding and sale costs, shall be paid by him to the treasurer of the county in which the stray animal was taken up. Such funds shall be placed by the county treasurer in a special stray fund.

        At any time prior to the expiration to six (6) months following the date of such deposit with the county treasurer, a claimant may appear before the sheriff and submit evidence of ownership of said stray animal. If such evidence is acceptable and satisfactory to the sheriff and to the state livestock commissioner or his authorized representative, for purpose of establishing ownership of said stray animal, the sheriff shall direct the county treasurer to disburse the remainder of the proceeds from the sale of said stray animal to said claimant.

        Upon the expiration of a period of six (6) months following the receipt of deposit of proceeds from the sale of any stray animal, without any such directive having been received from the sheriff, the county treasurer shall pay the remaining proceeds to the livestock commissioner to be remitted, deposited and credited as provided by K.S.A. 47-417a.

        History:   L. 1970, ch. 205, § 3; L. 1973, ch. 2, § 17; July 1.