State Codes and Statutes

Statutes > Kansas > Chapter47 > Article17 > Statutes_20295

47-1707

Chapter 47.--LIVESTOCK AND DOMESTIC ANIMALS
Article 17.--PET ANIMAL ACT

      47-1707.   Penalties for violations of act; judicialreview; seizure and disposition of animals, when.(a) In addition to or in lieu of any other civil or criminal penaltyprovided by law, the commissioner, upon a finding that a person hasviolated or failed to comply with any provision of the Kansas pet animal actor any rule andregulation adopted hereunder, may impose on such person a civil fine notexceeding $1,000 for each violation or requirement to attend an educationalcourseregarding animals and their care and treatment. If the commissioner imposes theeducational course, such person may choose either the fine or the educationalcourse. If such person chooses the fine, the commissioner shall establish theamount pursuant to the fine provisions of this section. The educational courseshall be administered by the commissioner in consultation withKansasstate university college of veterinary medicine.

      (b)   Any imposition of a civil fine pursuant to this section shall beonly upon notice and a hearing conducted in accordance with the Kansasadministrative procedure act and shall be subject to review in accordancewith the act for judicial review and civil enforcement of agency actions.

      (c)   Whenever the commissioner has reasonable grounds to believe that aperson or premises required to be licensed orpermitted under the Kansas pet animal act has failed tocomply with orhas violated any provision of the Kansas pet animal act or anyrule and regulation adoptedhereunder and that the health, safety or welfare of animals in suchperson's possession, custody or care is endangered thereby, thecommissioner shall seize and impound such animals using emergencyadjudicative proceedings in accordance with the Kansas administrativeprocedure act. Except as provided by K.S.A. 21-4311, and amendmentsthereto, such animals may be returned to the person owning them if thereis satisfactory evidence that the animals will receive adequate care bythat person or such animals may be sold, placed or euthanized, at thediscretion ofthe commissioner.Costs of care and services forsuch animals while seized and impounded shall bepaid by the person from whom the animals were seized and impounded, if thatperson is found to be in violation of the Kansas pet animal actor any rules and regulationsadopted hereunder.Such funds shall be paid to the commissioner for reimbursement of care andservices provided during seizure and impoundment. If such person is not foundto be in violation of the Kansas pet animal act or any rules andregulationsadopted hereunder, the commissioner shall pay the costs of care and servicesprovided 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.

State Codes and Statutes

Statutes > Kansas > Chapter47 > Article17 > Statutes_20295

47-1707

Chapter 47.--LIVESTOCK AND DOMESTIC ANIMALS
Article 17.--PET ANIMAL ACT

      47-1707.   Penalties for violations of act; judicialreview; seizure and disposition of animals, when.(a) In addition to or in lieu of any other civil or criminal penaltyprovided by law, the commissioner, upon a finding that a person hasviolated or failed to comply with any provision of the Kansas pet animal actor any rule andregulation adopted hereunder, may impose on such person a civil fine notexceeding $1,000 for each violation or requirement to attend an educationalcourseregarding animals and their care and treatment. If the commissioner imposes theeducational course, such person may choose either the fine or the educationalcourse. If such person chooses the fine, the commissioner shall establish theamount pursuant to the fine provisions of this section. The educational courseshall be administered by the commissioner in consultation withKansasstate university college of veterinary medicine.

      (b)   Any imposition of a civil fine pursuant to this section shall beonly upon notice and a hearing conducted in accordance with the Kansasadministrative procedure act and shall be subject to review in accordancewith the act for judicial review and civil enforcement of agency actions.

      (c)   Whenever the commissioner has reasonable grounds to believe that aperson or premises required to be licensed orpermitted under the Kansas pet animal act has failed tocomply with orhas violated any provision of the Kansas pet animal act or anyrule and regulation adoptedhereunder and that the health, safety or welfare of animals in suchperson's possession, custody or care is endangered thereby, thecommissioner shall seize and impound such animals using emergencyadjudicative proceedings in accordance with the Kansas administrativeprocedure act. Except as provided by K.S.A. 21-4311, and amendmentsthereto, such animals may be returned to the person owning them if thereis satisfactory evidence that the animals will receive adequate care bythat person or such animals may be sold, placed or euthanized, at thediscretion ofthe commissioner.Costs of care and services forsuch animals while seized and impounded shall bepaid by the person from whom the animals were seized and impounded, if thatperson is found to be in violation of the Kansas pet animal actor any rules and regulationsadopted hereunder.Such funds shall be paid to the commissioner for reimbursement of care andservices provided during seizure and impoundment. If such person is not foundto be in violation of the Kansas pet animal act or any rules andregulationsadopted hereunder, the commissioner shall pay the costs of care and servicesprovided 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.


State Codes and Statutes

State Codes and Statutes

Statutes > Kansas > Chapter47 > Article17 > Statutes_20295

47-1707

Chapter 47.--LIVESTOCK AND DOMESTIC ANIMALS
Article 17.--PET ANIMAL ACT

      47-1707.   Penalties for violations of act; judicialreview; seizure and disposition of animals, when.(a) In addition to or in lieu of any other civil or criminal penaltyprovided by law, the commissioner, upon a finding that a person hasviolated or failed to comply with any provision of the Kansas pet animal actor any rule andregulation adopted hereunder, may impose on such person a civil fine notexceeding $1,000 for each violation or requirement to attend an educationalcourseregarding animals and their care and treatment. If the commissioner imposes theeducational course, such person may choose either the fine or the educationalcourse. If such person chooses the fine, the commissioner shall establish theamount pursuant to the fine provisions of this section. The educational courseshall be administered by the commissioner in consultation withKansasstate university college of veterinary medicine.

      (b)   Any imposition of a civil fine pursuant to this section shall beonly upon notice and a hearing conducted in accordance with the Kansasadministrative procedure act and shall be subject to review in accordancewith the act for judicial review and civil enforcement of agency actions.

      (c)   Whenever the commissioner has reasonable grounds to believe that aperson or premises required to be licensed orpermitted under the Kansas pet animal act has failed tocomply with orhas violated any provision of the Kansas pet animal act or anyrule and regulation adoptedhereunder and that the health, safety or welfare of animals in suchperson's possession, custody or care is endangered thereby, thecommissioner shall seize and impound such animals using emergencyadjudicative proceedings in accordance with the Kansas administrativeprocedure act. Except as provided by K.S.A. 21-4311, and amendmentsthereto, such animals may be returned to the person owning them if thereis satisfactory evidence that the animals will receive adequate care bythat person or such animals may be sold, placed or euthanized, at thediscretion ofthe commissioner.Costs of care and services forsuch animals while seized and impounded shall bepaid by the person from whom the animals were seized and impounded, if thatperson is found to be in violation of the Kansas pet animal actor any rules and regulationsadopted hereunder.Such funds shall be paid to the commissioner for reimbursement of care andservices provided during seizure and impoundment. If such person is not foundto be in violation of the Kansas pet animal act or any rules andregulationsadopted hereunder, the commissioner shall pay the costs of care and servicesprovided 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.