47-1701. Definitions.
47-1701
47-1701. Definitions.As used in the Kansas pet animal act, unless the contextotherwise requires:
(a) "Adequate feeding" means supplying at suitable intervals (not toexceed 24 hours) of a quantity of wholesome foodstuff, suitable for theanimal species and age, and sufficient to maintain a reasonable level ofnutrition in each animal.
(b) "Adequate watering" means a supply of clean, fresh,potable water, supplied in a sanitary manner and either continuouslyaccessible to each animal or supplied at intervals suitable for the animalspecies, not to exceed intervals of 12 hours.
(c) "Ambient temperature" means the temperature surrounding the animal.
(d) (1) "Animal" means any live dog, cat, rabbit, rodent, nonhumanprimate, bird or other warm-blooded vertebrate or any fish, snake or othercold-blooded vertebrate.
(2) Animal does not includehorses, cattle, sheep, goats, swine, ratites, domesticated deer or domesticfowl.
(e) "Animal breeder" means any person who operates animalbreeder premises.
(f) "Animal breeder premises" means any premiseswhere all or part of six or more litters of dogs orcats, or both, or 30 or more dogs or cats, or both, are sold, or offered ormaintained for sale, primarily atwholesalefor resale to another.
(g) "Animal shelter" or "pound" means a facility which is used or designedfor use to house, contain, impound or harbor anyseized stray, homeless, relinquished or abandoned animal ora person who acts as an animal rescuer, or who collects and cares for unwantedanimals or offers them for adoption. Animal shelter or pound also includes afacility of an individual or organization, profit or nonprofit, maintaining 20or more dogs or cats, or both, for the purpose of collecting, accumulating,amassing or maintaining the animals or offering the animals for adoption.
(h) "Cat" means an animal which is wholly or in part ofthe species Felis domesticus.
(i) "Commissioner" means the livestock commissioner appointed bythe Kansas animal health board.
(j) "Dog" means any animal which is wholly or in part of thespecies Canis familiaris but does not include any greyhound, as defined byK.S.A. 74-8802 and amendments thereto.
(k) "Animal control officer" means any person employedby, contracted with or appointedby the state, or any political subdivision thereof, for the purpose ofaiding in the enforcement of this law, or any other law or ordinancerelating to the licensing or permitting of animals, control of animals orseizure andimpoundment of animals, and includes any state, county ormunicipal law enforcementofficer, dog warden, constable or otheremployee,whose duties in whole or in part include assignments which involve theseizure or taking into custody of any animal.
(l) "Euthanasia" means the humane destruction of an animal, whichmay be accomplished by any of those methods provided for in K.S.A.47-1718 and amendments thereto.
(m) "Hobby breeder premises" means any premiseswhere all or part of 3, 4 or 5 litters of dogs or cats, orboth, are produced for saleor sold, offeredor maintained for sale. This provision applies only if the totalnumber of dogs or cats, or both, sold, offered or maintained for sale is lessthan 30 individual animals.
(n) "Hobby breeder" means any person who operates ahobby breeder premises.
(o) "Housing facility" means any room, building or area used tocontain a primary enclosure or enclosures.
(p) "Kennel operator" means any person who operates anestablishmentwhere four or more dogs or cats, or both, are maintained inany one week for boarding, training or similar purposes for a fee orcompensation.
(q) "Kennel operator premises" means the facility of a kennel operator.
(r) "License year" or "permit year" means the12-monthperiodending on June 30.
(s) "Person" means any individual, association, partnership,corporation or other entity.
(t) (1) "Pet shop" means any premises where there are sold, or offered ormaintained for sale, at retail and not for resale to another:
(A) Any dogs or cats, or both; or (B) any other animals except those whichare produced and raised on such premises and are sold, or offered or maintainedfor sale, by a person who resides on such premises.
(2) Pet shop does not include: (A) Any pound or animal shelter; (B) anypremises where only fish are sold, or offered or maintained for sale; or (C)any animal distributor premises, hobby breeder premises, retail breederpremises or animal breeder premises.
(3) Nothing in this section prohibits inspection of those premises whichsell only fish to verify that only fish are being sold.
(u) "Pet shop operator" means any person who operates a petshop.
(v) "Primary enclosure" means any structure used or designed foruseto restrict any animal to a limited amount of space, such as a room,pen, cage, compartment or hutch.
(w) "Research facility" means any place, laboratory orinstitution,except an elementary school, secondary school, college oruniversity, at which any scientific test, experiment or investigationinvolving the use of any living animal is carried out, conducted orattempted.
(x) "Sale," "sell" and "sold" include transfers by sale orexchange.Maintaining animalsfor sale is presumed whenever 20 or more dogs or cats, or both, are maintainedby any person.
(y) "Sanitize" means to make physically clean and to remove anddestroy, to a practical minimum, agents injurious to health, at such intervalsas necessary.
(z) "Animal distributor" means any person who operates an animaldistributorpremises.
(aa) "Animal distributor premises" means the premises of any person engagedinthe business of buying for resale dogs or cats, or both, as a principal oragent, or who holds such distributor's self out to be so engaged.
(bb) "Out-of-state distributor" means any person residing in a state otherthan Kansas, who is engaged in the business of buying for resale dogs or cats,or both, within the state of Kansas, as a principal or agent.
(cc) "Food animals" means rodents, rabbits, reptiles, fish or amphibiansthat are sold or offered or maintained for sale for the sole purpose of beingconsumed as food by other animals.
(dd) (1) "Adequate veterinary medical care" means:
(A) A documented program of disease control and prevention, euthanasia androutine veterinary care shall be established and maintained under thesupervision of a licensed veterinarian, on a form provided by thecommissioner, and shall include a documented on-site visit to the premises bytheveterinarian at least once a year; and
(B) that diseased, ill, injured, lame or blind animals shall be providedwith veterinary care as is needed for the health and well-being of the animal.
(2) As used in the Kansas pet animal act, "adequate veterinary medical care"shall not apply to United States department of agriculture licensed animalbreeders or animal distributors.
(ee) "Ratites" means all creatures of the ratite family that [are] notindigenousto this state, including, but not limited to, ostriches, emus and rheas.
(ff) "Retail breeder" means any person who operates a retail breederpremises.
(gg) "Retail breeder premises" means any premises where all or part of sixor more litters or 30 or more dogs or cats, or both, are sold, or offered ormaintained for sale, primarily at retail and not for resale to another.
(hh) "Retail" means any transaction where the animal is sold to the finalconsumer.
(ii) "Wholesale" means any transaction where the animal is sold for thepurpose of resale to another.
History: L. 1972, ch. 201, § 1; L. 1974, ch. 226, § 1; L. 1980,ch. 157, § 2;L. 1988, ch. 189, § 1;L. 1991, ch. 152, § 22;L. 1995, ch. 244, § 5;L. 1996, ch. 151, § 6; July 1.