§ 6-29. Cruelty to animals.

(a)

It shall be unlawful for any person to be cruel to animals. Cruelty to animals is:

(1)

Intentionally killing, injuring, maiming, torturing or mutilating any animal; or

(2)

Being the harborer or keeper of an animal and failing to provide such animal with: sufficient and wholesome food; potable water; shade and protection from the weather, which shall include a structurally sound, weather-proof enclosure large enough to accommodate the animal; opportunity for exercise; veterinary care when needed to treat injury or illness, unless the animal is instead humanely euthanized; or other care as is needed for the health or well-being of such kind of animal; or

(3)

Abandoning or leaving any animal in any place, without making provisions for its proper care. For the purpose of this provision, "abandon" means to leave any animal without demonstrated or apparent intent to recover or to resume custody; leaving any animal for more than 12 hours without providing for adequate food, potable water and shelter for the duration of the absence; or turning out or releasing any animal for the purpose of causing it to be impounded; or

(4)

Leaving any animal unattended in a vehicle, when such vehicle does not have adequate ventilation and temperature to prevent suffering, disability or death to such animal.

(b)

The provisions of this section shall not apply to:

(1)

Normal or accepted veterinary practices;

(2)

Bona fide experiments carried on by commonly recognized research facilities;

(3)

Killing, attempting to kill, trapping, catching or taking of any animal in accordance with the provisions of K.S.A. ch. 32 or 47;

(4)

Rodeo practices accepted by the rodeo cowboys' association;

(5)

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 a licensed veterinarian at the request of the owner or the animal shelter, or by the operator, or his/her designee, of the animal shelter;

(6)

The killing of any animal by any person at any time which may be found outside the owned or rented property of the keeper or harborer of such animal, and which is found injuring or posing a threat to any person, animal or property; or

(7)

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.

(c)

Violation of this section is a Class A violation.

(Code 1973, § 2-209; Ord. No. 3601, § 4, 6-6-78; Ord. No. 4473, § 5, 11-3-87; Ord. No. 6309, § 9, 12-2-02; Ord. No. 6360, § 2, 10-7-03)