Statute in Full:
Livestock and Domestic Animal Strays
Taxation of Dogs as Personal Property
Pet Shop and Breeder Provisions
**Administrative Regulations Related to Breeders and Sellers of Animals**
Dogs Harassing Livestock
Abandonment of Dog at Veterinarian
Livestock and Domestic Animal Strays:
CHAPTER 47.--LIVESTOCK AND DOMESTIC ANIMALS. ARTICLE 2.—STRAYS.
47-229. Definitions.
47-230. Taking up stray; notice, requirements; record of ownership and animal released, when; costs.
47-232. Certification to court where controversy between adverse claimants; affidavits; testimony; order determining ownership and disposition of sale proceeds.
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.
Taxation of Dogs as Personal Property
CHAPTER 79.—TAXATION. ARTICLE 13.--ENUMERATION AND TAXATION OF DOGS.
79-1301. Dogs as personalty; rights and restraints.
Pet Shop and Breeder Provisions:
Article 17.- PET ANIMAL ACT
47-1701. Definitions.
47-1702. Animal distributor license.
47-1703. Pet shop operator license.
47-1704. Pound or animal shelter license.
47-1706. Refusal to issue or renew or suspension or revocation of license or permit; grounds; judicial review; seizure and disposition of animals, when.
47-1707. Administrative civil fine for violation of act; judicial review, seizure and disposition of animals, when.
47-1708. Judicial review of commissioner’s actions.
47-1709. Inspections and investigations; confidentiality of complaints; records of inspections.
47-1710. Release or disposition of animals from pound or animal shelter; use of proceeds from animal shelter.
47-1711. Dog warden; license as or employment by animal dealer or pet shop operator prohibited; record of taking custody and disposition.
47-1712. Rules and regulations.
47-1713. Prohibiting the sale or gift of certain animals.
47-1715. Violation of act or rules and regulations; penalty; seizure and disposition of animals, when.
47-1717. Invalidity of part.
47-1718. Euthanasia, approved methods.
47-1719. Hobby breeder license.
47-1720. Research facility license.
47-1721. License and permit fees; costs of inspection; disposition of moneys.
47-1723. Kennel operator license.
47-1724. Unlawful to purchase from person not licensed or permitted.
47-1725. Kansas pet animal advisory board; duties and powers.
47-1726. Citation and purpose of act.
47-1727. Injunctive relief to commissioner.
47-1731: Dogs and cats; spaying or neutering required, when.
47-1732. Temporary closing permit; application; effective date; renewal.
47-1733. Animal breeder license.
47-1734. Out-of-state distributor permit.
47-1735. Unlawful to interfere with a representative of the animal health department.
47-1736. Retail breeder license.
47-1737. Severability clause.
47-1738. AN ACT concerning the Kansas pet animal act; relating to seizure and impoundment of animals.
Administrative Regulations Related to Breeders and Sellers of Animals:
ARTICLE 18. ANIMAL FACILITY INSPECTION PROGRAM. LICENSE AND REGISTRATION FEES.
K. A. R. 9-18-1 Fees.
K.A.R. 9-18-2. Inspections of premises.
K.A.R. 9-18-3. Inspection generated by a complaint.
ARTICLE 19. ANIMAL BREEDERS AND DISTRIBUTORS; FACILITY STANDARDS, ANIMAL HEALTH, HUSBANDRY, AND OPERATIONAL STANDARDS.
K.A.R. 9-19-1. Revoked October 31, 2003.)
********************
K.A.R. 9-19-2 through K.A.R. 9-19-11. Revoked Oct. 31, 2003.)
********************
K.A.R. 9-19-12. Adoption by reference.
Article 20.--PET SHOPS
K.A.R. 9-20-1. Facilities.
K.A. R. 9-20-2. Animal health and husbandry standards.
K.A.R. 9-20-3. Records.
K.A.R. 9-20-4. Prohibiting the sale or gift of certain animals.
ARTICLE 21 -- ANIMAL RESEARCH FACILITY
K.A.R. 9-21-1. Animal research facilities.
K.A.R. 9-21-2. Animal health and husbandry standards.
K.A.R. 9-21-3. Records.
Article 22 -- ANIMAL POUNDS AND SHELTERS
K.A.R. 9-22-1. Animal pounds and shelter.
K.A.R. 9-22-2. Animal health and husbandry standards.
K.A.R. 9-22-3. Records.
K.A.R. 9-22-4. Foster homes.
K.A.R. 9-22-5. Group homes and rescue homes.
Article 23.--HOBBY KENNEL OPERATORS
K.A.R. 9-23-1. Hobby kennel operators.
K.A.R. 9-23-2. Animal health and husbandry standards.
K.A.R. 9-23-3. Records.
Article 24.--KENNEL OPERATORS
K.A.R. 9-24-1. Kennel operators.
K.A.R. 9-24-2. Animal health and husbandry standards.
K.A.R. 9-24-3. Records.
Article 25 -- RETAIL BREEDERS
K.A.R. 9-25-1. Housing facilities, general.
K.A.R. 9-25-2. Indoor housing facilities.
K.A.R. 9-25-3. Sheltered housing facilities.
K.A.R. 9-25-4. Outdoor housing facilities.
K.A.R. 9-25-5. Primary enclosures.
K.A.R. 9-25-6. Cleaning, sanitization, housekeeping, and pest control.
K.A.R. 9-25-7. Compatible grouping.
K.A.R. 9-25-8. Exercise for dogs.
K.A.R. 9-25-9. Feeding.
K.A.R. 9-25-10. Watering.
K.A.R. 9-25-11. Employees.
K.A.R. 9-25-12. Age of animal.
K.A.R. 9-25-13. Access to and inspection of records and property.
K.A.R. 9-25-14. Records.
K.A.R. 9-25-15. Adequate medical veterinary care.
Article 26 - Euthanasia
K.A.R. 9-26-1. Euthanasia methods.
Dogs Harassing Livestock:
CHAPTER 47.--LIVESTOCK AND DOMESTIC ANIMALS. ARTICLE 6.--PROTECTION OF DOMESTIC ANIMALS. SHEEP, CATTLE OR HOGS.
47-645. Liability of owner of dog for damages.
47-646. Killing dog lawful, when.
47-646a. Same; unconfined dogs in violation of quarantine.
Abandonment of Dog at Veterinarian:
CHAPTER 47.--LIVESTOCK AND DOMESTIC ANIMALS. ARTICLE 8.--REGISTRATION OF VETERINARIANS.
47-835. Abandonment of animals; notice to owner; relief from liability for disposal; "abandoned" defined.
CHAPTER 47.--LIVESTOCK AND DOMESTIC ANIMALS. ARTICLE 2.—STRAYS.
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.
47-232. 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.
47-236. 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.
CHAPTER 79.—TAXATION. ARTICLE 13.--ENUMERATION AND TAXATION OF DOGS.
79-1301. Dogs as personalty; rights and restraints.
A dog shall be considered as personal property and have all the rights and privileges and be subject to like lawful restraints as other livestock.
History: L. 1913, ch. 331, § 1; R.S. 1923, 79-1301; L. 1963, ch. 465, § 1; April 18.
Article 17.- PET ANIMAL ACT
47-1701. Definitions. As used in the Kansas pet animal act, unless the context otherwise
requires:
(a) “Adequate feeding” means supplying at suitable intervals (not to exceed 24 hours) of a quantity of wholesome foodstuff, suitable for the animal species and age, and sufficient to maintain a reasonable level of nutrition in each animal.
(b) “Adequate watering” means a supply of clean, fresh, potable water, supplied in a sanitary manner and either continuously accessible to each animal or supplied at intervals suitable for the animal species, not to exceed intervals of 12 hours.
(c) “Ambient temperature” means the temperature surrounding the animal.
(d)(1) “Animal” means any live dog, cat, rabbit, rodent, non-human primate, bird or other warm-blooded vertebrate or any fish, snake or other cold-blooded vertebrate.
(2) Animal does not include horses, cattle, sheep, goats, swine, ratites, domesticated deer or domestic fowl.
(e) “Animal breeder” means any person who operates animal breeder premises.
(f) “Animal breeder premises” means any premises where all or part of 6 or more litters of dogs or cats, or both, or 30 or more dogs or cats, or both, are sold, or offered or maintained for sale, primarily at wholesale for resale to another.
(g) “Animal shelter” or “pound” means a facility which is used or designed for use to house,contain, impound or harbor any seized stray, homeless, relinquished or abandoned animal or a person who acts as an animal rescuer, or who collects and cares for unwanted animals or offers them for adoption. Animal shelter also includes a facility of an individual or organization, profit or nonprofit, maintaining 20 or more dogs or cats or both, for the purpose of collecting, accumulating, amassing or maintaining the animals or offering the animals for adoption.
(h) “Cat” means an animal which is wholly or in part of the species Felis domesticus.
(i) “Commissioner” means the livestock commissioner appointed by the Kansas animal health board.
(j) “Dog” means any animal which is wholly or in part of the species Canis familiaris but does not include any greyhound, as defined by K.S.A. 74-8802 and amendments thereto.
(k) “Animal control officer” means any person employed by, contracted with or appointed by the state, or any political subdivision thereof, for the purpose of aiding in the enforcement of this law, or any other law or ordinance relating to the licensing or permitting of animals, control of animals or seizure and impoundment of animals, and includes any state, county or municipal law enforcement officer, dog warden, constable or other employee, whose duties in whole or in part include assignments which involve the seizure or taking into custody of any animal.
(l) “Euthanasia” means the humane destruction of an animal, which may be accomplished by any of those methods provided for in K.S.A. 47-1718 and amendments thereto.
(m)(1) “Hobby breeder premises” means any premises where all or part of 3,4 or 5 litters of dogs or cats, or both, are produced for sale or sold, offered or maintained for sale. This provision applies only if the total number of dogs or cats or both, sold, offered or maintained for sale is less than 30 individual animals.
(n) “Hobby breeder” means any person who operates a hobby breeder premises.
(o) “Housing facility” means any room, building or area used to contain a primary enclosure or enclosures.
(p) “Kennel operator” means any person who operates an establishment where four or more dogs or cats, or both, are maintained in any one-week for boarding, training or similar purposes for a fee or compensation.
(q) “Kennel operator premises” means the facility of a kennel operator.
(r) “License year” or “permit year” means the 12-month period ending on June 30.
(s) “Person” means any individual, association, partnership, corporation or other entity.
(t)(1) “Pet shop” means any premises where there are sold, or offered or maintained for sale, at retail and not for resale to another:
(A) Any dogs or cats, or both; or (B) any other animals except those which are produced and raised on such premises and are sold, or offered or maintained for sale, by a person who resides on such premises.
(2) Pet shop does not include: (A) Any pound or animal shelter; (B) any premises where only fish are sold, or offered or maintained for sale; or (C) any animal distributor premises, hobby breeder premises, retail breeder premises or animal breeder premises.
(3) Nothing in this section prohibits inspection of those premises which sell only fish to verify that only fish are being sold.
(u) “Pet shop operator” means any person who operates a pet shop.
(v) “Primary enclosure” means any structure used or designed for use to restrict any animal to a limited amount of space, such as a room, pen, cage, compartment or hutch.
(w) “Research facility” means any place, laboratory or institution, except an elementary school, secondary school, college or university, at which any scientific test, experiment or investigation involving the use of any living animal is carried out, conducted or attempted.
(x) “Sale,” “sell” and “sold” include transfers by sale or exchange. Maintaining animals for sale is presumed whenever 20 or more dogs or cats, or both, are maintained by any person.
(y) “Sanitize” means to make physically clean and to remove and destroy, to a practical minimum, agents injurious to health, at such intervals as necessary.
(z) “Animal distributor” means any person who operates an animal distributor premises.
(aa) “Animal distributor premises” means the premises of any person engaged in the business of buying for resale dogs or cats, or both, as a principal or agent, or who holds such distributor’s self out to be so engaged.
(bb) “Out-of-state distributor” means any person residing in a state other than Kansas, who is engaged in the business of buying for resale dogs or cats, or both, within the state of Kansas, as a principal or agent.
(cc) “Food animals” means rodents, rabbits, reptiles, fish or amphibians that are sold or offered or maintained for sale for the purpose of being consumed as food by other animals.
(dd)(1) “Adequate veterinary medical care” means:
(A) A documented program of disease control and prevention, euthanasia and routine veterinary care shall be established and maintained under the supervision of a licensed veterinarian, on a form provided by the commissioner, and shall include a documented on-site visit to the premises by the veterinarian at least once a year; and (B) that diseased, ill, injured, lame or blind animals shall be provided with veterinary care as is needed for the health and well-being of the animal.
(2) As used in the Kansas pet animal act, “adequate veterinary medical care” shall not apply to United States department of agriculture licensed animal breeders or animal distributors.
(ee) “Ratites” means all creatures of the ratite family that are not indigenous to this state, including but not limited to, ostriches, emus and rheas.
(ff) “Retail breeder” means any person who operates a retail breeder premises.
(gg) “Retail breeder premises” means any premises where all or part of six or more litters or 30 or more dogs or cats, or both, are sold, or offered or maintained for sale, primarily at retail and not for resale to another.
(hh) “Retail” means any transaction where the animal is sold to the final consumer.
(ii) “Wholesale” means any transaction where the animal is sold for the purpose of resale to another.
History: L. 1972, ch. 201, § 1; L. 1974, ch. 226, § 1; L. 1980, ch. 157, § 2; L. 1988, ch. 189, § 1; L. 1991, ch. 152, § 22; L. 1995, ch. 244, § 5; L. 1996, ch. 151, § 6; July 1.
47-1702. Animal distributor license. It shall be unlawful for any person licensed to act as or be an animal distributor unless such person has obtained from the commissioner an animal distributor license for each animal distributor premises operated by such person. Application for such license shall be made in writing on a form provided by he commissioner. The license period shall be for the license year ending on June 30 following the issuance date.
History: L. 1972, ch. 201, § 2; L. 1980, ch. 156, § 7; L. 1986, ch. 197, § 6; L. 1988, ch. 189, § 2; L. 1996, ch. 151, § 7; July 1.
47-1703. Pet shop operator license. It shall be unlawful for any person to act as or be a pet shop operator unless such person has obtained from the commissioner a pet shop operator license for each pet shop operated by such person. Application for each such license shall be made in writing on a form provided by the commissioner. The license period shall be for the license year ending on June 30 following the issuance date.
History: L. 1972, ch. 201, § 3; L. 1988, ch. 189, § 3; L. 1996, ch. 151, § 8; July 1.
47-1704. Pound or animal shelter license. It shall be unlawful for any person, to operate a pound or animal shelter, except a licensed veterinarian who operates such pound or animal shelter from such licensed veterinarian’s clinic, unless a license for such pound or shelter has been obtained from the commissioner. Application for such license shall be made on a form provided by the commissioner. The license period shall be for the license year ending on June 30 following the issuance date.
History: L. 1972, ch. 201, § 4; L. 1988, ch. 189, § 4; L. 1991, ch. 152, § 28; L. 1995, ch. 244, § 6; L. 1996, ch. 151, § 9; July 1.
47-1706. Refusal to issue or renew or suspension or revocation of license or permit; grounds; judicial review; seizure and disposition of animals, when.
47-1706. (a) The commissioner may refuse to issue or renew or may suspend or revoke any license or permit required under K.S.A. 47-1701 et seq., and amendments thereto, for any one or more of the following reasons:
(1) Material misstatement in the application for the original license or permit, or in the application for any renewal of a license or permit;
(2) willful disregard of any provision of the Kansas pet animal act or any rule and regulation adopted hereunder, or any willful aiding or abetting of another in the violation of any provision of the Kansas pet animal act or any rule and regulation adopted hereunder;
(3) permitting any license or permit issued hereunder to be used by an unlicensed or unpermitted person or transferred to unlicensed or unpermitted premises;
(4) the conviction of any crime relating to the theft of animals or a first conviction of cruelty to animals;
(5) substantial misrepresentation;
(6) misrepresentation or false promise, made through advertising, salespersons, agents or otherwise, in connection with the operation of business of the licensee or permittee;
(7) fraudulent bill of sale;
(8) the housing facility or the primary enclosure is inadequate; or
(9) the feeding, watering, sanitizing and housing practices at the licensee's or permittee's premises are not consistent with the Kansas pet animal act or the rules and regulations adopted hereunder.
(b) The commissioner shall refuse to issue or renew and shall suspend or revoke any license or permit required under K.S.A. 47-1701 et seq., and amendments thereto, for the second or subsequent conviction of cruelty to animals, K.S.A. 21-4310, and amendments thereto.
(b) (c) Any refusal to issue or renew a license or permit, and any suspension or revocation of a license or permit, under this section shall be in accordance with the provisions of the Kansas administrative procedure act and shall be subject to review in accordance with the act for judicial review and civil enforcement of agency actions.
(c) (d) Whenever the commissioner denies, suspends or revokes a license or permit under this section, the commissioner or the commissioner's authorized, trained representatives shall seize and impound any animals in the possession, custody or care of the person whose license or permit is denied, suspended or revoked if there are reasonable grounds to believe that the animals' health, safety or welfare is endangered. Except as provided by K.S.A. 21-4311, and amendments thereto, such animals may be returned to the person owning them if there is satisfactory evidence that the animals will receive adequate care by that person or such animals may be sold, placed or euthanized, at the discretion of the commissioner. Costs of care and services for such animals while seized and impounded shall be paid by the person from whom the animals were seized and impounded, if that person's license or permit is denied, suspended or revoked. Such funds shall be paid to the commissioner for reimbursement of care and services provided during seizure and impoundment. If such person's license or permit is not denied, suspended or revoked, the commissioner shall pay the costs of care and services provided during seizure and impoundment.
|
Amended by 2006 Kansas Laws Ch. 126 (S.B. 408). |
47-1706a. Bond to prevent disposition of animals seized or impounded; approval; additional bond; notice.
(a) When an animal is seized or impounded pursuant to K.S.A. 47-1706, 47- 1707 or 47-1715, and amendments thereto, the owner or person who was in possession of the animal at the time such animal was seized or impounded may post a cash or security bond as provided in this section which shall prevent the sale, placement or euthanasia of the animal. Such cash or security bond shall be in an amount sufficient to pay for the animal's care and keeping for a period of at least 30 days, commencing on the date which the animal was seized or impounded. Any such security bond or any security bond as provided in subsection (b) shall be approved by the Kansas animal health department.
(b) Such bond shall be filed with the Kansas animal health department and shall be posted on or before the date of the disposition hearing or within ten days after the animal is seized or impounded, whichever is earlier. At the end of the time for which expenses are covered by the bond if the owner or person who was in possession of the animal at the time it was seized or impounded desires to prevent disposition of the animal, such owner or person shall post a new cash or security bond prior to the previous bond's expiration. At the end of the time for which expenses are covered by the bond, the animal may be sold, placed or euthanized.
(c) The authority seizing or impounding an animal shall give notice by delivering a copy of this section to a person residing on the property where the animal was seized or by posting a copy at the place where the animal was seized.
(d) Nothing in this section shall prevent the euthanasia at any time of an animal seized or impounded which is determined by a licensed veterinarian to be diseased or disabled beyond recovery for any useful purpose.
(e) This act is supplemental to and shall become a part of the Kansas pet animal act.
History: L. 2003, ch. 119, § 1; July 1.
47-1707. Administrative civil fine for violation of act; judicial review, seizure and disposition of animals, when.
(a) In addition to or in lieu of any other civil or criminal penalty provided by law, the commissioner, upon a finding that a person has violated or failed to comply with any provision of the Kansas pet animal act or any rule and regulation adopted hereunder, may impose on such person a civil fine not exceeding $1,000 for each violation or requirement to attend an educational course regarding animals and their care and treatment. If the commissioner imposes the educational course, such person may choose either the fine or the educational course. If such person chooses the fine, the commissioner shall establish the amount pursuant to the fine provisions of this section. The educational course shall be administered by the commissioner in consultation with Kansas state university college of veterinary medicine.
(b) Any imposition of a civil fine pursuant to this section shall be only upon notice and a hearing conducted in accordance with the Kansas administrative procedure act and shall be subject to review in accordance with the act for judicial review and civil enforcement of agency actions.
(c) Whenever the commissioner has reasonable grounds to believe that a person or premises required to be licensed or permitted under the Kansas pet animal act has failed to comply with or has violated any provision of the Kansas pet animal act or any rule and regulation adopted hereunder and that the health, safety or welfare of animals in such person's possession, custody or care is endangered thereby, the commissioner shall seize and impound such animals using emergency adjudicative proceedings in accordance with the Kansas administrative procedure act. Except as provided by K.S.A. 21-4311, and amendments thereto, such animals may be returned to the person owning them if there is satisfactory evidence that the animals will receive adequate care by that person or such animals may be sold, placed or euthanized, at the discretion of the commissioner. Costs of care and services for such animals while seized and impounded shall be paid by the person from whom the animals were seized and impounded, if that person is found to be in violation of the Kansas pet animal act or any rules and regulations adopted hereunder. Such funds shall be paid to the commissioner for reimbursement of care and services provided during seizure and impoundment. If such person is not found to be in violation of the Kansas pet animal act or any rules and regulations adopted hereunder, the commissioner shall pay the costs of care and services provided during seizure and impoundment.
History: L. 1972, ch. 201, § 7; L. 1988, ch. 189, § 8; L. 1991, ch. 152, § 30; L. 1996, ch. 151, § 11; L. 2005, ch. 190, § 2; July 1.
47-1707a. Repealed.
History: L. 1972, ch. 201, § 7; L. 1988, ch. 356, § 159; Repealed, L. 1991, ch. 152, § 34; July 1.
47-1708. Judicial review of commissioner’s actions.
Any action of the commissioner pursuant to K.S.A. 47-1705 or 47-1706, and amendments thereto, is subject to review in accordance with the act for judicial review and civil enforcement of agency regulations.
History: L. 1972, ch. 201, § 8; L. 1986, ch. 318, § 71; July 1.
47-1709. Inspections and investigations; confidentiality of complaints; records of inspections.
(a) The commissioner or the commissioner's authorized, trained representatives shall make an inspection of the premises for which an application for an original license or permit is made under K.S.A. 47-1701 et seq., and amendments thereto, before issuance of such license or permit. The application for a license shall conclusively be deemed to be the consent of the applicant to the right of entry and inspection of the premises sought to be licensed or permitted by the commissioner or the commissioner's authorized, trained representatives at reasonable times with the owner or owner's representative present. Refusal of such entry and inspection shall be grounds for denial of the license or permit. Notice need not be given to any person prior to inspection.
(b) The commissioner or the commissioner's authorized, trained representatives may make an inspection of each premises for which a license or permit has been issued under K.S.A. 47-1701 et seq., and amendments thereto. If such premises are premises of a person licensed or permitted under public law 91- 579 (7 U.S.C. § 2131 et seq.), such premises may be inspected at least once each year. Otherwise, the premises may be inspected at least twice each year. The acceptance of a license or permit shall conclusively be deemed to be the consent of the licensee or permittee to the right of entry and inspection of the licensed or permitted premises by the commissioner or the commissioner's authorized, trained representatives at reasonable times with the owner or owner's representative present. Refusal of such entry and inspection shall be grounds for suspension or revocation of the license or permit. Notice need not be given to any person prior to inspection.
(c) The commissioner or the commissioner's authorized, trained representatives shall make inspections of the premises of a person required to be licensed or permitted under K.S.A. 47-1701 et seq., and amendments thereto, upon a determination by the commissioner that there are reasonable grounds to believe that the person is violating the provisions of K.S.A 47-1701 et seq., and amendments thereto, or rules and regulations adopted thereunder or that there are grounds for suspension or revocation of such person's license or permit.
(d) Any complaint filed with the commissioner shall be confidential and shall not be released to any person other than employees of the commissioner as necessary to carry out the duties of their employment.
(e) Any person making inspections under this section shall be trained by the commissioner in reasonable standards of animal care.
(f) The commissioner may request a licensed veterinarian to assist in any inspection or investigation made by the commissioner or the commissioner's authorized representative under this section.
(g) Any person acting as the commissioner's authorized representative for purposes of making inspections and conducting investigations under this section who knowingly falsifies the results or findings of any inspection or investigation or who intentionally fails or refuses to make an inspection or conduct an investigation pursuant to this section shall be guilty of a class A nonperson misdemeanor.
(h) No person shall act as the commissioner's authorized representative for the purposes of making inspections and conducting investigations under this section if such person has a beneficial interest in a person required to be licensed or permitted pursuant to K.S.A. 47-1701 et seq., and amendments thereto.
(i) Records of inspections pursuant to this section shall be maintained in the office of the Kansas animal health department. Records of a deficiency or violation shall not be maintained for longer than three years after the deficiency or violation is remedied.
(j) The commissioner shall, in consultation with Kansas state university college of veterinary medicine: (1) Continue procedures to provide for pet animal training or updated training for authorized trained representatives who inspect premises under the pet animal act and to allow the owners of such facilities licensed or permitted under the pet animal act to attend and participate at the training workshops for the authorized trained representatives; and (2) make available to such owners and other interested persons an inspection handbook describing the duties and responsibilities of such authorized trained representatives.
History: L. 1972, ch. 201, § 9; L. 1988, ch. 189, § 9; L. 1991, ch. 152, § 31; L. 1996, ch. 151, § 12; L. 2005, ch. 190, § 3; July 1.
47-1710. Release or disposition of animals from pound or animal shelter; use of proceeds from animal shelter
(a) An animal shall not be disposed of by an operator of a pound or an operator of an animal shelter as a pound until after expiration of a minimum of three full days of custody during which the public has clear access to inspect and recover the animal through time periods ordinarily accepted as usual business hours. During such time of custody, any owner or operator of such facility shall attempt to notify the owner or custodian of any animal maintained or impounded by such facility if such owner or custodian is known or reasonably ascertainable. Such an animal may at any time be released to the legal owner, moved to a veterinary hospital for treatment or observation, released in any manner, if such animal was a gift animal to an animal shelter, or euthanized by a duly incorporated humane society or by a licensed veterinarian if it appears to an officer of such humane society or to such veterinarian that the animal is diseased or disabled beyond recovery for any useful purpose.
(b) After the expiration of the holding period established in subsection (a), the governing body of a political subdivision regulating the operation of a pound shall have ownership of such animal and shall determine the method of disposition of any animal. Any pound releasing live animals to prospective owners shall comply with the provisions set out in K.S.A. 47-1731, and amendments thereto. Any proceeds derived from the sale or other disposition of such animals shall be paid directly to the treasurer of the political subdivision, and no part of such proceeds shall accrue to any individual.
(c) After the expiration of the holding period established in subsection (a), the board of directors of any humane society operating an animal shelter as a pound, shall have ownership of such animal and shall determine the method of disposition of any animal. Any animal shelter releasing live animals to prospective owners shall comply with the provisions established in K.S.A. 47-1731, and amendments thereto. Any proceeds derived from such sale or disposition shall be paid directly to the treasurer of the humane society and no part of such proceeds shall accrue to any individual.
History: L. 1972, ch. 201, § 10; L. 1977, ch. 116, § 5; L. 1995, ch. 244, § 7; L. 1996, ch. 151, § 13; L. 2000, ch. 31, § 1; July 1.
47-1711. Dog warden; license as or employment by animal dealer or pet shop operator prohibited; record of taking custody and disposition.
An animal control officer shall not be granted an animal distributor’s, retail breeder’s, hobby breeder’s or a pet shop operator’s license.
Each application for any such license shall include a statement that neither the applicant nor any of the applicant’s employees is an animal control officer. An animal control officer, upon taking custody of any animal in the course of such officer’s official duties, shall immediately make a record which shall include the color, breed, sex, approximate weight and other description of the animal, the reason for seizure, the location of seizure, the owner’s name and address, if known, the animal license number, and any other identification number. Complete information relating to the disposition of the animal shall be shown on the record; this shall be added immediately following the disposition of the animal.
History: L. 1972, ch. 201, § 11; L. 1996, ch. 151, § 14; July 1.
47-1712. Rules and regulations.
(a) The commissioner is hereby authorized to adopt rules and regulations for licensees and permittees. Such rules and regulations shall include, but not be limited to, provisions relating to: (1) Reasonable treatment of animals in the possession, custody or care of a licensee or permittee or being transported to or from licensed or permitted premises;
(2) a requirement that each licensee and permittee file with the commissioner evidence that animals entering or leaving the state are free from any visible symptoms of communicable disease; (3) identification of animals handled; (4) primary enclosures; (5) housing facilities; (6)sanitation; (7) euthanasia; (8) ambient temperatures; (9) feeding; (10) watering; (11) adequate veterinary medical care; (12) inspections of licensed or permitted premises, investigations of complaints and training of persons conducting such inspections and complaints; and (13) a requirement that each licensee or permittee keep and maintain, for inspection by the commission, such records as necessary to administer and enforce the provisions of the Kansas pet animal act.
(b) The commissioner shall only adopt as rules and regulations for United States department of agriculture licensed animal distributors and animal breeders, and animal breeder and animal distributor premises and the rules and regulations promulgated by the secretary of the United States department of agriculture, cited at 9 C.F.R. 3.1 through 3.12, pursuant to the provisions of the United States public law 91-579 (7 U.S.C. Sec. 2131 et seq.), commonly known as the animal welfare act.
(c) Notwithstanding any provision in section (b), the Commissioner may adopt a requirement that each licensee and permittee file with the commissioner evidence that animals entering or leaving the state are free from any visible symptoms of communicable disease.
History: L. 1972, ch. 201, § 12; L. 1988, ch. 189, § 10; L. 1991, ch. 152, § 32; L. 1995, ch. 244, § 8; L. 1996, ch. 151, § 15; July 1.
47-1713. Prohibiting the sale or gift of certain animals.
The commissioner may prohibit the sale or gift of animals which constitute a hazard to human health or safety or to animal health or safety.
History: L. 1972, ch. 201, § 13; L. 1996, ch. 151, § 16; July 1.
47-1714. Repealed.
History: L. 1972, ch. 201, § 14; Repealed, L. 1988, ch. 189, § 15; July 1.
47-1715. Violation of act or rules and regulations; penalty; seizure and disposition of animals, when.
(a) Any violation of or failure to comply with any provision of the Kansas pet animal act, or any rule and regulation adopted hereunder, shall constitute a class A non-person misdemeanor. Continued operation, after a conviction, shall constitute a separate offense for each day of operation.
(b) Upon a conviction of a person for any violation of the Kansas pet animal act, or any rule and regulation adopted hereunder, the court shall order the commissioner to seize and impound any animals in the convicted person’s possession, custody or care if there are reasonable grounds to believe that the animals’ health, safety or welfare is endangered. Except as provided by K.S.A. 21-4311, and amendments thereto, such animals may be returned to the person owning them if there is satisfactory evidence that the animals will receive adequate care by that person or such animals may be sold, placed or euthanized, at the discretion of the commissioner. Costs of care and services for such animals while seized and impounded shall be paid by the convicted person. Such funds shall be paid to the commissioner for reimbursement of care and services provided during seizure and impoundment. If the person is not convicted, the commissioner shall pay the costs of care and services provided during seizure and impoundment.
History: L. 1972, ch. 201, § 15; L. 1988, ch. 189, § 11; L. 1991, ch. 152, § 33; L. 1996, ch. 151, § 17; July 1.
47-1716. Repealed.
History: L. 1972, ch. 201, § 16; Repealed, L. 1988, ch. 189, § 15; July 1.
47-1717. Invalidity of part.
If any provision of this act, or the application of any such provision to any person or circumstance, shall be held invalid, the remainder of the act, and the application of any such provision to any person or circumstance other than those as to which it is held invalid, shall not be affected thereby.
History: L. 1972, ch. 201, § 17; July 1.
47-1718. Euthanasia, approved methods.
(a) No animal shall be euthanized by any animal control officer, licensee, permittee, officer of an animal shelter or officer of a pound by any means, method, agent or device, or in any way, except through the most current, approved euthanasia methods established by the American veterinary medical association panel on euthanasia.
History: L. 1980, ch. 157, § 3; L. 1996, ch. 151, § 18; July 1.
47-1719. Hobby breeder license.
(a) It shall be unlawful for any person to act as or be a hobby breeder unless such person has obtained from the commissioner a hobby breeder license.
Application for such license shall be made in writing on a form provided by the commissioner.
The license period shall be for the license year ending on June 30 following the issuance date.
History: L. 1988, ch. 189, § 5; L. 1996, ch. 151, § 19; July 1.
47-1720. Research facility license.
(a) It shall be unlawful for any person to operate a research facility unless such person has obtained from the commissioner a research facility license. Application for such license shall be made in writing on a form provided by the commissioner. The license period shall be for the license year ending on June 30 following the issuance date.
History: L. 1988, ch. 189, § 6; L. 1996, ch. 151, § 20; July 1.
47-1721. License and permit fees; costs of inspection; disposition of moneys. (a) Each application for issuance or renewal of a license or permit or required under K.S.A. 47-1701 et seq. and amendments thereto shall be accompanied by the fee prescribed by the commissioner under this section. Such fees shall be as follows:
(a) Each application for issuance or renewal of a license or permit required under K.S.A. 47-1701 et seq. , and amendments thereto, shall be accompanied by the fee prescribed by the commissioner under this section. Such fees shall be as follows:
(1) Except as provided in paragraph (5) or (6), for a license for premises of a person licensed under public law 91-579 (7 U.S.C. § 2131 et seq.), an amount not to exceed $200;
(2) except as provided in paragraph (5) or (6), for a license for any other premises, an amount not to exceed $405;
(3) for a temporary closing permit, an amount not to exceed $95;
(4) for an out-of-state distributor permit, an amount not to exceed $675;
(5) for a hobby breeder license or a kennel operator license an amount not to exceed $95;
(6) for a license for an animal shelter or a pound, an amount not to exceed $300; and
(7) a late fee of $70 shall be assessed to any person whose permit or license renewal is more than 45 days' late.
(b) The commissioner shall determine annually the amount necessary to carry out and enforce K.S.A. 47-1701 et seq., and amendments thereto, for the next ensuing fiscal year and shall fix by rules and regulations the license and permit fees for such year at the amount necessary for that purpose, subject to the limitations of this section. In fixing such fees, the commissioner may establish categories of licenses and permits, based upon the type of license or permit, size of the licensed or permitted business or activity and the premises where such business or activity is conducted, and may establish different fees for each such category. The fees in effect immediately prior to the effective date of this act shall continue in effect until different fees are fixed by the commissioner as provided by this subsection.
(c) If a licensee, permittee or applicant for a license or permit requests an inspection of the premises of such licensee, permittee or applicant, the commissioner shall assess the costs of such inspection, as established by rules and regulations of the commissioner, to such licensee, permittee or applicant.
(d) No fee or assessment required pursuant to this section shall be refundable.
(e) The commissioner shall remit all moneys received by or for the commissioner under this section to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury to the credit of the animal dealers fee fund, which is hereby created in the state treasury. Moneys in the animal dealers fee fund may be expended only to administer and enforce K.S.A. 47-1701 et seq., and amendments thereto. All expenditures from the animal dealers fee fund shall be made in accordance with appropriation acts upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the Kansas livestock commissioner or the commissioner's designee.
(f) Premises required to be licensed under the Kansas pet animal act shall not be required to pay for more than one license. If more than one operation is ongoing at the premises, each operation shall comply with the applicable statutes and rules and regulations pertaining to such operation.
(g) Except as provided further, when a premises required to be licensed or permitted under the Kansas pet animal act applies for an initial license or permit, the commissioner shall prorate to the nearest whole month the license or permit fee established in subsection (a). The commissioner shall have discretion to determine whether the application is an initial application or an application for a premises which has been doing business but is not licensed or permitted. If the commissioner determines the premises has been doing business without a license or permit, the commissioner is not required to prorate the fee.
(h) This section shall be part of and supplemental to K.S.A. 47-1701 et seq., and amendments thereto.
History: L. 1988, ch. 189, § 12; L. 1991, ch. 152, § 23; L. 1996, ch. 151, § 21; L. 2001, ch. 5, § 172; L. 2005, ch. 190, § 1; July 1.
47-1722. Repealed.
History: L. 1988, ch. 189, § 13; Repealed, L. 1996, ch. 151, § 29; July 1.
47-1723. Kennel operator license.
(a) It shall be unlawful for any person, except a licensed veterinarian, to act as or be a kennel operator unless such person has obtained from the commissioner a kennel operator license for each premise operated by such person. Application for such license shall be made in writing on a form provided by the commissioner. The license period shall be for the license year ending on June 30 following the issuance date.
History: L. 1991, ch. 152, § 21; L. 1996, ch. 151, § 22; July 1.
47-1724. Unlawful to purchase from person not licensed or permitted.
(a) It shall be unlawful for any person to knowingly purchase a dog or a cat for the purpose of resale to another from a person required to be licensed or permitted under public law 91-579, 7 U.S.C. 2131 et seq., or K.S.A. 47-1701 et seq., and amendments thereto, or both, if that person is not so licensed or permitted.
(b) It shall also be unlawful for licensees to knowingly sell to out-of-state distributors, animal distributors or pet shops operating within the state who are not licensed in accordance with the Kansas pet animal act.
History: L. 1991, ch. 152, § 24; L. 1996, ch. 151, § 23; July 1.
47-1725. Kansas pet animal advisory board; duties and powers.
(a) There is hereby created the Kansas pet animal advisory board, consisting of 10 members. Members shall be appointed by the governor as follows:
(1) One member shall be a representative of a licensed animal shelter or pound;
(2) one member shall be an employee of a licensed research facility;
(3) one member shall be a licensed animal breeder;
(4) one member shall be a licensed retail breeder;
(5) one member shall be a licensed pet shop operator;
(6) one member shall be a licensed veterinarian and shall be selected from a list of three names presented to the governor by the Kansas veterinary medical association;
(7) one member shall be a private citizen with no link to the industry;
(8) one member shall be a licensed animal distributor;
(9) one member shall be a licensed hobby breeder; and
(10) one member shall be a licensed kennel operator.
(b) Of the members first appointed to the board, the governor shall designate three whose terms shall expire June 30, 1992; three whose terms shall expire June 30, 1993; and three whose terms shall expire June 30, 1994. After the expiration of such terms, each member shall be appointed for a term of three years and until a successor is appointed and qualified.
(c) A vacancy on the board of a member shall be filled for the unexpired term by appointment by the governor.
(d) The board shall meet at least once every calendar quarter regularly or at such other times as the chairperson or a majority of the board members determine. A majority of the members shall constitute a quorum for conducting board business.
(e) The members of the board shall annually elect a chairperson.
(f) The board shall have the following duties, authorities and powers:
(1) To advise the Kansas livestock commissioner on hiring a director to implement the Kansas pet animal act.
(2) to review the status of the Kansas pet animal act;
(3) to make recommendations on changes to the Kansas pet animal act; and
(4) to make recommendations concerning the rules and regulations for the Kansas pet animal act.
(g) Board members who are required to be licensed except retail breeders shall be affiliated with or a member of an organized pet animal association which is representative of the position such person will hold on the board.
(h) Upon the effective date of this act, the governor shall appoint a licensed kennel operator.
When the current board members’ terms expire, the governor shall appoint persons or representatives in accordance with this section.
History: L. 1991, ch. 152, § 25; L. 1996, ch. 151, § 24; July 1.
47-1726. Citation and purpose of act.
K.S.A. 47-1701 through 47-1721, K.S.A. 47-1723 through 47-1727, 47-1731 and K.S.A. 1996 Supp. 47-1732 through 47-1736 and amendments thereto, shall be known and may be cited as the Kansas pet animal act. This act shall license, permit and regulate the conditions of certain premises and facilities within the state of Kansas where animals are maintained, sold or offered or maintained for sale.
History: L. 1991, ch. 152, § 26; L. 1996, ch. 151, § 25; July 1.
47-1727. Injunctive relief to commissioner.
Notwithstanding the existence or pursuit of any other remedy, when it appears to the commissioner, as head of the licensing and permitting agency, that any person is violating any provisions of the Kansas pet animal act, the commissioner may in that capacity bring an action in a court of competent jurisdiction or other process against such person to enjoin, restrain or prevent such person from continuing operation in violation of the Kansas pet animal act without regard to whether administrative proceedings have been or may be instituted or whether criminal proceedings may be or have been instituted.
History: L. 1991, ch. 152, § 27; L. 1996, ch. 151, § 26; July 1.
47-1728 to 47-1730. Reserved.
47-1731: Dogs and cats; spaying or neutering required, when.
(a) No dog or cat may be transferred to the permanent custody of a prospective owner by a pound or animal shelter, as defined by K.S.A. 47-1701 and amendments thereto, or by a humane society, unless:
(1) Such dog or cat has been surgically spayed or neutered before the physical transfer of the animal occurs; or
(2) the prospective owner signs an agreement to have the dog or cat spayed or neutered and deposits with the pound, or animal shelter funds not less than the lowest nor more than the highest cost of spaying or neutering in the community. Any funds deposited pursuant to such an agreement shall be refunded to such person upon presentation of a written statement signed by a licensed veterinarian that the dog or cat has been spayed or neutered. If such person does not reclaim the deposit within six months after receiving custody of the animal, the pound or shelter shall keep the deposit and may reclaim the unspayed or unneutered animal.
(b) No person shall spay or neuter any dog or cat for or on behalf of a pound or animal shelter unless such person is a licensed veterinarian or a student currently enrolled in the college of veterinary medicine, Kansas state university, who has completed at least two years of study in the veterinary medical curriculum and is participating in a spay or neuter program as part of the curriculum under the direct supervision of a licensed veterinarian who is a faculty member at the Kansas state university veterianry medical center. The spay or neuter program shall only be conducted at the surgery clinic at the Kansas state university medical center in Manhattan, Kansas. No pound or animal shelter shall designate the veterinarian which a person must use, or a list from which a person must select a veterinarian, to spay or neuter a dog or cat transferred by such person from such pound or animal shelter. Any premises located in the state of Kansas where spaying, neutering or any other practice of veterinary medicine occurs shall register such premises with the board of veterinary examiners.
(c) With the written approval of the livestock commissioner, any pound or shelter may use an innovative spay or neuter program not precisely meeting the requirements of section (a)(2), if pound or shelter can prove to the commissioner that it is actively enforcing the spaying and neutering requirements set forth in this statute.
(d) Nothing in this section shall be construed to require sterilization of a dog or cat which is being held by a pound or animal shelter and which may be claimed by its rightful owner within the holding period established by K.S.A. 47-1710, and amendments thereto.
(e) The Livestock Commissioner shall promulgate rules and regulations as may be necessary to carry out the provisions of this section.
History: L. 1988, ch. 185, § 1; L. 1993, ch. 59, § 1; L. 1995, ch. 244, § 9; L. 1996, ch. 151, § 27; L. 2000, ch. 31, § 2; July 1.
47-1732. Temporary closing permit; application; effective date; renewal.
(a) Any licensee, or permit holder required to be licensed or obtain a permit under the Kansas pet animal act, who is in the process of ceasing to do business on July 1, may be issued a temporary closing permit at the discretion of the commissioner.
(b) Application for such permit shall be made in writing on a form provided by the commissioner.
(c) The permit will be effective for 30 days. During the 30-day period, the licensee or permit holder shall be required to comply with the Kansas pet animal act and all rules and regulations adopted thereunder. By accepting such permit, the licensee or permit holder agrees to allow an inspection of the facility at the end of the 30-day period to certify that the operation has ceased business. The licensee or permit holder shall provide records as to the disposition of the animals to the commissioner upon request.
(d) The permit may be renewed, at the discretion of the commissioner, for an additional 30-day period.
History: L. 1996, ch. 151, § 1; July 1.
47-1733. Animal breeder license.
(a) It shall be unlawful for any person to act as or be an animal breeder unless such person has obtained from the commissioner an animal breeder license for each animal breeder premises operated by such person. Application for each such license shall be made in writing on a form provided by the commissioner. The license period shall be for the license year ending on June 30 following the issuance date.
(b) This section shall be part of and supplemental to the Kansas pet animal act.
History: L. 1996, ch. 151, § 2; July 1.
47-1734. Out-of-state distributor permit.
(a) It shall be unlawful for any person to act as or be an out-of-state distributor of dogs or cats, or both, unless such person has obtained from the commissioner an out-of-state distributor permit. Application for each such permit shall be made in writing on a form provided by the commissioner. The permit period shall be for the permit year ending on June 30 following the issuance date.
(b) This section shall be part of and supplemental to the Kansas pet animal act.
47-1735. Unlawful to interfere with a representative of the animal health department.
(a) A licensee, permittee or applicant for a license or permit shall not interfere with, hinder, threaten or abuse, including verbal abuse, any representative or employee of the animal health department who is carrying out such representative’s or employee’s duties under the provision of the Kansas pet animal act.
(b) This section shall be part of and supplemental to the Kansas pet animal act.
History: L. 1996, ch. 151, § 4; July 1.
47-1736. Retail breeder license.
(a) It shall be unlawful for any person to act as or be a retail breeder unless such person has obtained from the commissioner a retail breeder license for each retail breeder premises operated by such person. Application for each such license shall be made in writing on a form provided by the commissioner. The license period shall be for the license year ending on June 30 following the issuance date.
(b) This section shall be part of and supplemental to the Kansas pet animal act.
History: L. 1996, ch. 151, § 5; July 1.
47-1737. Severability clause.
If any provision of this act or the application thereof to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of the act which can be given effect without the invalid provision or application, and to this end the provisions of this act are severable.
History: L. 1996, ch. 151, § 28; July 1.
47-1738. AN ACT concerning the Kansas pet animal act; relating to seizure and impoundment of animals.
Be it enacted by the Legislature of the State of Kansas:
Section 1. (a) When an animal is seized or impounded pursuant to K.S.A. 47-1706, 47-1707 or 47-1715, and amendments thereto, the owner or person who was in possession of the animal at the time such animal was seized or impounded shall prevent sale, placement or euthanasia of the animal by posting a cash or security bond in an amount sufficient to pay for the animal’s care and keeping for a period of at least 30 days, commencing on the date which the animal was seized or impounded. Any such security bond or any security bond as provided in subsection (b) shall be approved by the Kansas animal health department.
(b) Such bond shall be filed with the Kansas animal health department and shall be posted on or before the date of the disposition hearing or within ten days after the animal is seized or impounded, whichever is earlier. At the end of the time for which expenses are covered by the bond if the owner or person who was in possession of the animal at the time it was seized or impounded desires to prevent disposition of the animal, such owner or person shall post a new cash or security bond prior to the previous bond’s expiration. At the end of the time for which expenses are covered by the bond, the animal may be sold, placed or euthanized.
(c) The authority seizing or impounding an animal shall give notice by delivering a copy of this section to a person residing on the property where the animal was seized or by posting a copy at the place where the animal was seized.
(d) Nothing in this section shall prevent the euthanasia at any time of an animal seized or impounded which is determined by a licensed veterinarian to be diseased or disabled beyond recovery for any useful purpose.
(e) This act is supplemental to and shall become a part of the Kansas pet animal act.
Sec. 2. This act shall take effect and be in force from and after is publication in the statutue book.
ARTICLE 18
ANIMAL FACILITY INSPECTION PROGRAM
LICENSE AND REGISTRATION FEES
K. A. R. 9-18-1 Fees.
Each applicant for a license and each registrant under K.S.A. 47-1701 et seq., and any amendments thereto shall pay the appropriate application fee as set forth below:
(a) License for animal breeder premises of a person licensed under 7 U.S.C. § 2131 et seq. $150.00;
(b) License for animal breeder premises of a person not licensed under 7 U.S.C. § 2131 et seq. $300.00;
(c) License for a pound or shelter $200.00;
(d) License for a retail breeder licensed under 7 U.S.C. § 2131 et seq. $150.00;
(e) License for a retail breeder not licensed under 7 U.S.C. § 2131 et seq. $300.00;
(f) License for an operator of a temporary pet shop not licensed under 7 U.S.C. § 2131 et seq.
(1) 1-2 sale days during license year $50.00;
(2) 3-4 sale days during license year $75.00;
(3) 4-6 sale days during license year $100.00;
(4) 7-12 sale days during license year $200.00;
(g) License for an operator of a temporary pet shop licensed under 7 U.S.C. § 2131 et seq.
(1) 1-2 sale days during license year $50.00;
(2) 3-4 sale days during license year $75.00;
(3) 4-6 sale days during license year $100.00;
(4) 7-12 sale days during license year $125.00;
(h) License for an operator of a pet shop licensed under 7 U.S.C. § 2131 et seq. $150.00;
(i) License for an operator of a pet shop not licensed under 7 U.S.C. § 2131 et seq. $300.00;
(j) License for an operator of a research facility licensed under 7 U.S.C. § 2131 et seq. $150.00;
(k) License for an operator of a research facility not licensed under 7 U.S.C. § 2131 et seq. $300.00;
(l) License for a hobby breeder or boarding kennel operator $75.00;
(m) License for an animal distributor licensed under 7 U.S.C. § 2131 et seq. $150.00;
(n) License for an animal distributor not licensed under 7 U.S.C. § 2131 et seq. $300.00;
(o) Out-of-state distributor permit licensed under 7 U.S.C. § 2131 et seq. $150.00;
(p) Out-of-state distributor permit not licensed under 7 U.S.C. § 2131 et seq. $300.00;
(q) License for a foster home shelter $10.00;
(r) License for a rescue home shelter $50.00;
(s) License for group home shelter $50.00
(t) Temporary closing permit for a hobby breeder or kennel operator $25.00
(u) Temporary closing permit for a pound or shelter, animal breeder, animal distributor, retail breeder, pet shop or research facility $75.00
K.A.R. 9-18-2. Inspections of premises.
(a) Each premises that is licensed or is required to be licensed under K.S.A. 47-1701 et seq. and amendments thereto, which is known as the Kansas pet animal act, shall be subject to routine inspections by the commissioner or any of the commissioner's authorized representatives to determine compliance with the act and all regulations.
(b) In addition to the routine inspections, any of the premises may be subject to one or more further inspections under any of the following circumstances:
(1) A violation was found in a previous inspection.
(2) A complaint is filed regarding the premises.
(3) The ownership of the premises changed in the previous year.
(4) The license for the premises was not renewed on a timely basis.
(c) Inspections shall be made only on Monday through Friday, between the hours of 7:00 a.m. and 7:00 p.m., except that inspections may be conducted at alternate times, upon the agreement of all interested persons or entities.
(d) If the owner or operator of the premises is not routinely available between the hours of 7:00 a.m. and 7:00 p.m., the owner or operator shall designate a representative who will be present while the inspection is conducted and shall notify the commissioner in writing of the name of the designated representative. The designated representative shall be 18 years of age or older. The owner or operator shall notify the commissioner in writing of any new representative who is designated to be present during inspections.
(e) Inspections shall be made by the livestock commissioner or any employee, representative, or agent of the commissioner who the commissioner determines is trained in reasonable standards of animal care.
K.A.R. 9-18-3. Inspection generated by a complaint.
(a) Each premises that is licensed or is required to be licensed under K.S.A. 47-1701 et seq. and amendments thereto, which is known as the Kansas pet animal act, shall be subject to inspections by the commissioner or any of the commissioner’s authorized, trained representatives as needed to investigate any specific complaint filed with the department regarding any violation of these regulations or other violations of this act.
(b) Inspections to investigate an unlicensed facility or to determine whether a licensed facility is in violation of these regulations or the act shall be conducted only on Monday through Friday, between the hours of 7:00 a.m. and 7:00 p.m., except as follows:
(1) Inspections to investigate allegations of violations adversely affecting the health, safety, and welfare of the animals may be conducted on any day of the week.
(2) Inspections may be conducted at alternate times, upon the agreement of all interested persons or entities.
(c) Inspections shall be made by the livestock commissioner or any employee, representative, or agent of the department who the commissioner determines is trained in reasonable standards of animal care.
(d) Inspections may be conducted without notice to the owner or operator of the premises.
ARTICLE 19
ANIMAL BREEDERS AND DISTRIBUTORS; FACILITY STANDARDS,
ANIMAL HEALTH, HUSBANDRY, AND OPERATIONAL STANDARDS
K.A.R. 9-19-1. Revoked October 31, 2003.)
********************
K.A.R. 9-19-2 through K.A.R. 9-19-11. Revoked Oct. 31, 2003.)
********************
K.A.R. 9-19-12. Adoption by reference.
Each animal breeder and each animal distributor shall comply with 9 C.F.R. 3.1 through 3.12, as in effect on January 1, 2003, which are hereby adopted by reference with the following modifications, deletions, and additions:
(a) All references to “the administrator,” “APHIS,” “pertinent funding federal agency,” and “USDA officials” shall be deemed to refer to the commissioner.
(b) All references to “dealer” or “dealers” and to “exhibitor” or “exhibitors” shall be deemed to refer to animal breeders and animal distributors.
(c) All references to “research facility,” “research facilities,” “federal research facilities,” and “research needs,” shall be deleted.
(d) 9 C.F.R. 3.5 shall be deleted.
(e) Paragraphs (b)(5) and (c)(3) of 9 C.F.R. 3.6 shall be deleted.
(f) Paragraphs (b)(1) and (d)(2) of 9 C.F.R. 3.8 shall be deleted.
[Code of Federal Regulations]
[Title 9, Volume 1]
[Revised as of January 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 9CFR3.1]
[Page 44-45]
TITLE 9--ANIMALS AND ANIMAL PRODUCTS
CHAPTER I--ANIMAL AND PLANT HEALTH INSPECTION SERVICE, DEPARTMENT OF
AGRICULTURE
PART 3--STANDARDS--Table of Contents
Subpart A--Specifications for the Humane Handling, Care, Treatment, and
Transportation of Dogs and Cats \1\
Sec. 3.1 Housing facilities, general.
Source: 56 FR 6486, Feb. 15, 1991, unless otherwise noted.
Facilities and Operating Standards
(a) Structure; construction. Housing facilities for dogs and cats must be
designed and constructed so that they are structurally sound. They must be
kept in good repair, and they must protect the animals from injury, contain
the animals securely, and restrict other animals from entering.
------------------------------------------------------------------------
\1\ These minimum standards apply only to live dogs and cats, unless
stated otherwise.
------------------------------------------------------------------------
(b) Condition and site. Housing facilities and areas used for storing
animal food or bedding must be free of any accumulation of trash, waste
material, junk, weeds, and other discarded materials. Animal areas inside of
housing facilities must be kept neat and free of clutter, including
equipment, furniture, and stored material, but may contain materials actually
used and necessary for cleaning the area, and fixtures or equipment necessary
for proper husbandry practices and research needs. Housing facilities other
than those maintained by research facilities and Federal research facilities
must be physically separated from any other business. If a housing facility
is located on the same premises as another business, it must be physically
separated from the other business so that animals the size of dogs, skunks,
and raccoons are prevented from entering it.
(c) Surfaces--(1) General requirements. The surfaces of housing
facilities--including houses, dens, and other furniture-type fixtures and
objects within the facility--must be constructed in a manner and made of
materials that allow them to be readily cleaned and sanitized, or removed or
replaced when worn or soiled. Interior surfaces and any surfaces that come
in contact with dogs or cats must:
(i) Be free of excessive rust that prevents the required cleaning and
sanitization, or that affects the structural strength of the surface; and
(ii) Be free of jagged edges or sharp points that might injure the animals.
(2) Maintenance and replacement of surfaces. All surfaces must be
maintained on a regular basis. Surfaces of housing facilities--including
houses, dens, and other furniture-type fixtures and objects within the
facility--that cannot be readily cleaned and sanitized, must be replaced when
worn or soiled.
(3) Cleaning. Hard surfaces with which the dogs or cats come in contact
must be spot-cleaned daily and sanitized in accordance with Sec. 3.11(b) of
this subpart to prevent accumulation of excreta and reduce disease hazards.
Floors made of dirt, absorbent bedding, sand, gravel, grass, or other similar
material must be raked or spot-cleaned with sufficient frequency to ensure
all animals the freedom to avoid contact with excreta. Contaminated material
must be replaced whenever this raking and spot-cleaning is not sufficient to
prevent or eliminate odors, insects, pests, or vermin infestation. All other
surfaces of housing facilities must be cleaned and sanitized when necessary
to satisfy generally accepted husbandry standards and practices.
Sanitization may be done using any of the methods provided in Sec. 3.11(b)(3)
for primary enclosures.
(d) Water and electric power. The housing facility must have reliable
electric power adequate for heating, cooling, ventilation, and lighting, and
for carrying out other husbandry requirements in accordance with the
regulations in this subpart. The housing facility must provide adequate
running potable water for the dogs' and cats' drinking needs, for cleaning,
and for carrying out other husbandry requirements.
(e) Storage. Supplies of food and bedding must be stored in a manner
that protects the supplies from spoilage, contamination, and vermin
infestation. The supplies must be stored off the floor and away from the
walls, to allow cleaning underneath and around the supplies. Foods requiring
refrigeration must be stored accordingly, and all food must be stored in a
manner that prevents contamination and deterioration of its nutritive value.
All open supplies of food and bedding must be kept in leakproof containers
with tightly fitting lids to prevent contamination and spoilage. Only food
and bedding that is currently being used may be kept in the animal areas.
Substances that are toxic to the dogs or cats but are required for normal
husbandry practices must not be stored in food storage and preparation areas,
but may be stored in cabinets in the animal areas.
(f) Drainage and waste disposal. Housing facility operators must provide
for regular and frequent collection, removal, and disposal of animal and food
wastes, bedding, debris, garbage, water, other fluids and wastes, and dead
animals, in a manner that minimizes contamination and disease risks. Housing
facilities must be equipped with disposal facilities and drainage systems
that are constructed and operated so that animal waste and water are rapidly
eliminated and animals stay dry. Disposal and drainage systems must minimize
vermin and pest infestation, insects, odors, and disease hazards. All drains
must be properly constructed, installed, and maintained. If closed drainage
systems are used, they must be equipped with traps and prevent the backflow
of gases and the backup of sewage onto the floor. If the facility uses sump
or settlement ponds, or other similar systems for drainage and animal waste
disposal, the system must be located far enough away from the animal area of
the housing facility to prevent odors, diseases, pests, and vermin
infestation. Standing puddles of water in animal enclosures must be drained
or mopped up so that the animals stay dry. Trash containers in housing
facilities and in food storage and food preparation areas must be leakproof
and must have tightly fitted lids on them at all times. Dead animals, animal
parts, and animal waste must not be kept in food storage or food preparation
areas, food freezers, food refrigerators, or animal areas.
(g) Washrooms and sinks. Washing facilities such as washrooms, basins, sinks, or showers must be provided for
animal caretakers and must be readily accessible.
Sec. 3.2 Indoor housing facilities.
(a) Heating, cooling, and temperature. Indoor housing facilities for
dogs and cats must be sufficiently heated and cooled when necessary to
protect the dogs and cats from temperature or humidity extremes and to
provide for their health and well-being. When dogs or cats are present, the
ambient temperature in the facility must not fall below 50 [deg]F (10 [deg]C)
for dogs and cats not acclimated to lower temperatures, for those breeds that
cannot tolerate lower temperatures without stress or discomfort (such as
short-haired breeds), and for sick, aged, young, or infirm dogs and cats,
except as approved by the attending veterinarian. Dry bedding, solid resting
boards, or other methods of conserving body heat must be provided when
temperatures are below 50 [deg]F (10 [deg]C). The ambient temperature must
not fall below 45 [deg]F (7.2 [deg]C) for more than 4 consecutive hours when
dogs or cats are present, and must not rise above 85 [deg]F (29.5 [deg]C) for
more than 4 consecutive hours when dogs or cats are present. The preceding
requirements are in addition to, not in place of, all other requirements
pertaining to climatic conditions in parts 2 and 3 of this chapter.
(b) Ventilation. Indoor housing facilities for dogs and cats must be
sufficiently ventilated at all times when dogs or cats are present to provide
for their health and well-being, and to minimize odors, drafts, ammonia
levels, and moisture condensation. Ventilation must be provided by windows,
vents, fans, or air conditioning. Auxiliary ventilation, such as fans,
blowers, or air conditioning must be provided when the ambient temperature is
85 [deg]F (29.5 [deg]C) or higher. The relative humidity must be maintained
at a level that ensures the health and well-being of the dogs or cats housed
therein, in accordance with the directions of the attending veterinarian and
generally accepted professional and husbandry practices.
(c) Lighting. Indoor housing facilities for dogs and cats must be
lighted well enough to permit routine inspection and cleaning of the
facility, and observation of the dogs and cats. Animal areas must be
provided a regular diurnal lighting cycle of either natural or artificial
light. Lighting must be uniformly diffused throughout animal facilities and
provide sufficient illumination to aid in maintaining good housekeeping
practices, adequate cleaning, adequate inspection of animals, and for the
well-being of the animals. Primary enclosures must be placed so as to
protect the dogs and cats from excessive light.
(d) Interior surfaces. The floors and walls of indoor housing
facilities, and any other surfaces in contact with the animals, must be
impervious to moisture. The ceilings of indoor housing facilities must be
impervious to moisture or be replaceable (e.g., a suspended ceiling with
replaceable panels).
[56 FR 6486, Feb. 15, 1991, as amended at 63 FR 10498, Mar. 4, 1998]
Sec. 3.3 Sheltered housing facilities.
(a) Heating, cooling, and temperature. The sheltered part of sheltered
housing facilities for dogs and cats must be sufficiently heated and cooled
when necessary to protect the dogs and cats from temperature or humidity
extremes and to provide for their health and well-being. The ambient
temperature in the sheltered part of the facility must not fall below 50
[deg]F (10 [deg]C) for dogs and cats not acclimated to lower temperatures,
for those breeds that cannot tolerate lower temperatures without stress and discomfort (such as short-haired breeds), and for sick, aged, young, or
infirm dogs or cats, except as approved by the attending veterinarian. Dry
bedding, solid resting boards, or other methods of conserving body heat must
be provided when temperatures are below 50 [deg]F (10 [deg]C). The ambient
temperature must not fall below 45 [deg]F (7.2 [deg]C) for more than 4
consecutive hours when dogs or cats are present, and must not rise above 85
[deg]F (29.5 [deg]C) for more than 4 consecutive hours when dogs or cats are
present. The preceding requirements are in addition to, not in place of, all
other requirements pertaining to climatic conditions in parts 2 and 3 of this
chapter.
(b) Ventilation. The enclosed or sheltered part of sheltered housing
facilities for dogs and cats must be sufficiently ventilated when dogs or
cats are present to provide for their health and well-being, and to minimize
odors, drafts, ammonia levels, and moisture condensation. Ventilation must
be provided by windows, doors, vents, fans, or air conditioning. Auxiliary
ventilation, such as fans, blowers, or air-conditioning, must be provided
when the ambient temperature is 85 [deg]F (29.5 [deg]C) or higher.
(c) Lighting. Sheltered housing facilities for dogs and cats must be
lighted well enough to permit routine inspection and cleaning of the
facility, and observation of the dogs and cats. Animal areas must be
provided a regular diurnal lighting cycle of either natural or artificial
light. Lighting must be uniformly diffused throughout animal facilities and
provide sufficient illumination to aid in maintaining good housekeeping
practices, adequate cleaning, adequate inspection of animals, and for the
well-being of the animals. Primary enclosures must be placed so as to
protect the dogs and cats from excessive light.
(d) Shelter from the elements. Dogs and cats must be provided with
adequate shelter from the elements at all times to protect their health and
well-being. The shelter structures must be large enough to allow each animal
to sit, stand, and lie in a normal manner and to turn about freely.
(e) Surfaces. (1) The following areas in sheltered housing facilities
must be impervious to moisture:
(i) Indoor floor areas in contact with the animals;
(ii) Outdoor floor areas in contact with the animals, when the floor
areas are not exposed to the direct sun, or are made of a hard material such
as wire, wood, metal, or concrete; and
(iii) All walls, boxes, houses, dens, and other surfaces in contact with
the animals.
(2) Outside floor areas in contact with the animals and exposed to the
direct sun may consist of compacted earth, absorbent bedding, sand, gravel,</ | 
