Attorney General Opinion No.

Jan Satterfield Butler County Attorney 214 W. Central El Dorado, Kansas 67042

Dear Ms. Satterfield:

As Butler County Attorney you ask our opinion regarding whether K.S.A.47-122 is a criminal or a civil statute. That statute provides:

"It shall be unlawful for any domestic animal, other than dogs and cats, to run at large."

While the word "unlawful" is used within this statute, based on legislative history and principles of criminal law, in our opinion K.S.A. 47-122 is a civil liability statute.

Legislative History

The history and progression of Kansas fence and herd laws was presented in a law…