47-1731. Dogs and cats; spaying or neutering required, when.
47-1731
47-1731. Dogs and cats; spaying or neutering required, when.(a) No dog or cat may be transferredto the permanent custody of a prospective owner by a poundor animal shelter, as defined by K.S.A.47-1701 and amendmentsthereto, or by a humane society,unless:
(1) Such dog or cat has been surgically spayed or neuteredbefore the physical transfer of the animal occurs; or
(2) the prospective owner signs an agreement tohave the dog or cat spayedor neutered and deposits with the pound oranimal shelter funds not less than thelowestnor more than the highest cost of spaying or neutering in the community.Any funds depositedpursuant to such an agreement shall be refunded tosuch person uponpresentation of a written statement signed by a licensed veterinarian thatthe dog or cat has been spayed or neutered.If such person does not reclaim the deposit within six months afterreceiving custody of the animal, the pound or animal shelter shall keep thedeposit and may reclaim the unspayed or unneutered animal.
(b) No person shall spay or neuter any dog or cat for or on behalf of apound oranimal shelter unless such person is a licensedveterinarian or a student currently enrolled in the college of veterinarymedicine, Kansas state university, who has completed at least two years ofstudy in the veterinary medical curriculum and is participating in a spay orneuter program as part of the curriculum under the direct supervision of alicensed veterinarian who is a faculty member at the Kansas state universityveterinary medical center. The spay or neuter program shall only be conductedat the surgery clinic at the Kansas state university medical center inManhattan,Kansas.No pound or animal shelter shalldesignatethe veterinarian which a person must use, or a list from which a personmust select a veterinarian, to spay or neuter a dog or cattransferred by suchperson from such pound or animal shelter.Any premises located in the state of Kansas where the spaying, neutering orany other practice ofveterinarymedicine occurs shall register such premises with the board of veterinaryexaminers.
(c) With the written approval of the livestock commissioner, any pound orshelter may use an innovative spay or neuter program not precisely meeting therequirements of subsection (a)(2), if the pound or shelter can prove to thecommissioner that it is actively enforcing the spaying and neuteringrequirements set forth in this statute.
(d) Nothing in this section shall be construed to requiresterilizationof a dog or cat which is being held by a poundor animal shelter and whichmay be claimed by its rightful owner within the holding period establishedin K.S.A. 47-1710, and amendments thereto.
(e) The livestock commissioner shall promulgate rules and regulations asmay be necessary to carry out the provisions of this section.
History: L. 1988, ch. 185, § 1;L. 1993, ch. 59, § 1;L. 1995, ch. 244, § 9;L. 1996, ch. 151, § 27;L. 2000, ch. 31, § 2; July 1.