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Burgess v. Shampooch Pet Industries, Inc. |
This Kansas case presents an issue of first impression as to the proper measure of damages recoverable for injury to a pet dog. The plaintiff's dog, a 13-year old dog of negligible market value, suffered a dislocated hip after being groomed at defendant's establishment. The appellate court found the lower court's award of damages based on the veterinary bills was proper where the bills were not disputed and represented an easily ascertainable measure. Specifically, the court held that
when an injured pet dog with no discernable market value is restored to its previous health, the measure of damages may include, but is not limited to, the reasonable and customary cost of necessary veterinary care and treatment.
The court was unconvinced by defendant's "hyperbolic" claim that such an award would lead to a floodgate of high-dollar litigation on behalf of animals with low market values.
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Detailed Discussion of Kansas Great Ape Laws |
In Kansas, it is legal for anyone to import, possess, buy, and sell any species of ape for any purpose. There are no state permit or registration requirements for gorillas, chimpanzees, bonobos, orangutans, or gibbons; however, those species are protected under the Federal Endangered Species Act, and activities involving those animals may require federal permits.The following discussion begins with a general overview of the various state statutes and regulations affecting Great Apes. It then analyzes the applicability of those laws to the possession and use of apes for specific purposes, including their possession as pets, for scientific research, for commercial purposes, and in sanctuaries. |
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Hearn v. City of Overland Park |
Syllabus by the Court
In an action to enjoin the City of Overland Park from enforcing an ordinance regulating the ownership of pit bull dogs within the city, the record is examined and it is held: (1) The ordinance is not unconstitutionally vague or overbroad; (2) the ordinance does not violate the due process rights of plaintiffs under the United States and Kansas Constitutions; (3) the ordinance does not violate the equal protection clauses of the United States and Kansas Constitutions; and (4) the district court did not err in dismissing the plaintiffs' claim for damages pursuant to 42 U.S.C. § 1983 (1982).
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In re Marriage of Tevis-Bleich |
A couple had agreed to a divorce settlement where they each had visitation rights with their dog; the trial court approved of the arrangement. The wife later tried to have that section removed from the decree, but the trial court held that they did not have jurisdiction to make such a change. The appellate court affirmed the decision, which left visitation intact
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KS - Abandon - Chapter 47. Livestock and Domestic Animals. |
This Kansas statute provides that any animal placed in the custody of a licensed veterinarian that is unclaimed by its owner for a period of more than ten (10) days after written notice by registered or certified mail is given, shall be deemed to be abandoned and may be turned over to the nearest humane society, or dog pound or disposed of as the custodian may deem proper. The giving of notice to the owner of record immunizes the veterinarian from liability.
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KS - Arkansas City - Breed - Pit Bull Ordinance |
In Arkansas City, Kansas, it is unlawful to possess an American Staffordshire Terrier, a/k/a American Pit Bull Terrier or Pit Bull, or a Presa Canario, a/k/a Canary Dog. Under these ordinances, pit bulls are deemed to be vicious and may be euthanized by court order or by failure of an owner or harborer to pay impoundment fees. Additionally, a person may be fined up to $500.00 and/or may be jailed for up to 6 months for violating these ordinances.
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KS - Assistance Animal - Consolidated Assistance Animal Laws |
The following statutes comprise the state's relevant assistance animal and guide dog laws.
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KS - Breeders - Article 18. Animal Facility Inspection Program-License and Registration Fees |
These Kansas regulations set out the fees schedule for licenses, such as animal breeder premises license. Under the regulations, premises that are licensed are subject to routine inspections to determine compliance with the regulations.
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KS - Breeders - Article 23. Hobby Kennel Operators |
These Kansas regulations require hobby kennel operators to provide good quality food and keep records for each animal. Kennels must be structurally sound, be maintained in good repair, and protect animals from injury. Water and electrical power must be provided in each kennel.
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KS - Breeders - Article 24. Kennel Operators |
These Kansas regulations require kennel operators to provide good quality food and keep records for each animal. Kennels must be structurally sound, be maintained in good repair, and protect animals from injury. Water and electrical power must be provided in each kennel.
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