Title 6 - Animals

6.09.010 Cruelty to Animals.

1. 1.
   "Cruelty to animals" is:

   1. A.

      Intentionally and Maliciously killing, injuring, maiming, torturing, burning or mutilating any Animal. A violation of this provision is a felony which must be charged in the District Court pursuant to K.S.A. 21-6412(b)(1);

   2. B.

      intentionally abandoning or leaving any Animal in any place without making provisions for its proper care;

   3. C.

      having physical custody of any Animal and intentionally failing to provide such food, potable water, protection from the elements, opportunity for exercise and other care as is needed for the health or well-being of such kind of Animal;

   4. D.

      intentionally using a wire, pole, stick, rope or any other object to cause an Equine to lose its balance or fall, for the purpose of sport or entertainment;

   5. E.

      intentionally causing any physical injury other than the felony violations set forth in paragraph 1A above;

   6. F.

      molesting, willingly beating with a stick, chain, club or other object, burn or scald with any substance(s), administering any poisonous substance with the intent that the same shall be taken or swallowed, cruelly ill-treating, overworking or overloading, or disfiguring any Animals in the City; whether or not such Animal is owned by that person;

   7. G.

      administering any poison to a domestic animal; or

   8. H.

      exposing any poisonous substance with the intent that the same shall be taken or swallowed by any domestic animal.

      This Section shall not apply to any person legally exposing poison upon their premises for the purpose of destroying coyotes or other predatory animals.

2. 2.
   The provisions of this Section shall not apply to:

   1. A.
      Normal or accepted veterinary practices;
   2. B.
      bona fide experiments carried on by recognized research facilities;
   3. C.
      killing, attempting to kill, trapping, catching or taking of any Animal in accordance with the provisions of Chapter 32 or Chapter 47 of the Kansas Statutes Annotated;
   4. D.
      rodeo practices accepted by the Professional Rodeo Cowboys' Association;
   5. E.
      the humane killing of an Animal which is diseased or disabled beyond recovery for any useful purpose, or the humane killing of Animals for population control, by the Owner thereof or the agent of such Owner residing outside of a City or the Owner thereof within a City if no Animal shelter, pound or licensed veterinarian is within the City, or by a licensed veterinarian at the request of the Owner thereof, or by any officer or agent of any incorporated humane society, the operator of an Animal shelter or pound, a local or state health officer or a licensed veterinarian three business days following the receipt of any such Animal at such society, shelter or pound;
   6. F.
      with respect to farm Animals, normal or accepted practices of Animal husbandry, including the normal and accepted practices for the slaughter of such Animals for food or by-products and the careful or thrifty management of one’s herd or Animals, including Animal care practices common in the industry or region;
   7. G.
      the killing of any Animal by any person at any time which may be found outside of the owned or rented property of the Owner or custodian of such Animal and which is found injuring or posing an immediate threat to any person, farm or domestic Animal;
   8. H.
      an Animal control officer trained by a licensed veterinarian in the use of a tranquilizer gun, using such gun with the appropriate dosage for the size of the Animal, when such Animal is vicious or could not be captured after reasonable attempts using other methods;
   9. I.
      laying an Equine down for medical or identification purposes;
   10. J.
       normal or accepted practices of pest control, as defined in subsection (x) of K.S.A. 2-2438a, and amendments thereto; or
   11. K.
       accepted practices of Animal husbandry pursuant to regulations promulgated by the United States Department of Agriculture for domestic pet Animals under the Animal Welfare Act, public law 89-544, as amended and in effect on July 1, 2006.
3. 3.
   As used in this Section:

   1. A.
      "Animal" shall have the meaning ascribed to it in K.S.A. 21-6411, and amendments thereto.
   2. B.
      "Equine" means a horse, pony, mule, jenny, donkey, or hinny.
   3. C.
      "Maliciously" means a state of mind characterized by actual evilmindedness or specific intent to do a harmful act without a reasonable justification or excuse.
4. 4.
   The first conviction of cruelty to Animals as described in this Section should be punished pursuant to O.P.M.C. Section 6.16.020.
5. 5.
   The second or subsequent conviction of cruelty to Animals as described in this Section is a non-person felony, that must be charged in the District Court pursuant to K.S.A. 21-6412(b)(2)(B).

(History: Ord. DAC-2959 §4, 2012; DAC-2864 §1, 2010; DAC-2619 §1, 2006; DAC-1729 §3, 92; DAC-1311 §13, 85; POC-949; POC-625)

Effective on: 1/1/1901