(A) Cruelty To Animals Is:
  (1)   Intentionally and maliciously killing, injuring, maiming, torturing, burning or mutilating any animal
 
  (2)   intentionally abandoning or leaving any animal in any place without making provisions for its proper care;
 
  (3)   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)   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)   intentionally causing any physical injury other than the acts described in subsection (A)(1)
 
 
(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 chapter 32 or chapter 47 of the Kansas Statutes Annotated
 
  (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 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 an 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)   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)   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 a threat to any person, farm animal or property
 
  (8)   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)   laying an equine down for medical or identification purposes
 
  (10)   normal or accepted practices of pest control, as defined in subsection (x) of K.S.A. 2-2438a, and amendments thereto
 
  (11)   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.
 
 
(C)   As used in this section:
  (1)   “Equine” means a horse, pony, mule, jenny, donkey or hinny.
 
  (2)   “Maliciously” means a state of mind characterized by actual evil-mindedness or specific intent to do a harmful act without a reasonable justification or excuse.
 

(D)
  (1)   Cruelty to animals as described in subsection (A)(1) is a nonperson felony. Upon conviction of this subsection, a person shall be sentenced to not less than 30 days or more than one year’s imprisonment and be fined not less than $500 nor more than $5,000. During the mandatory 30 days imprisonment, such offender shall have a psychological evaluation prepared for the court to assist the court in determining conditions of probation. Such conditions shall include, but not be limited to, the completion of an anger management program.
 
  (2) The first conviction of cruelty to animals as described in subsection (A)(2), (A)(3), (A)(4) and (A)(5) is a class A nonperson misdemeanor. The second or subsequent conviction of cruelty to animals as described in subsection (A)(2), (A)(3), (A)(4) and (A)(5) is a non-person felony. Upon such conviction, a person shall be sentenced to not less than five days or more than one year’s imprisonment.
 
 
(E)   For purposes of this section, “animal” shall have the meaning ascribed to it in K.S.A. 21-4313, and amendments thereto.

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 animal 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 veterinary 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 the 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 subsection (a)(2), if the 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 in 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.