(A) Any public health officer, animal control officer, law enforcement officer or licensed veterinarian may take into custody any animal upon either private or public property which clearly shows evidence of cruelty to animals, as defined in Section 8.08.020 of the Olathe Municipal Code, during the pendency of the matter before a court of competent jurisdiction. Such officer, agent or veterinarian may inspect, care for or treat such animal or place such animal in the care of a duly incorporated humane society or licensed veterinarian for treatment, boarding or other care or, if appears, as determined by a veterinarian, that the animal is diseased or disabled beyond recovery for any useful purpose, for euthanasia.

(B) The owner or custodian of an animal euthanized pursuant to subsection (A) of this section shall not be entitled to recover damages for the euthanization of such animal unless the owner proves that such euthanization was unreasonable and unwarranted.

(C) Expenses incurred for the care, treatment or boarding of any animal taken into custody pursuant to subsection (A) of this section pending prosecution of the owner or custodian of such animal for the crime of cruelty to animals as defined in Section 8.08.020 of the Olathe Municipal Code, shall be assessed to the owner or custodian as a cost of the case if the owner or custodian is adjudicated guilty of such crime.

(D) If a person is adjudicated guilty of the crime of cruelty to animals as defined in Section 8.08.020 of the Olathe Municipal Code and the court is satisfied that an animal owned or possessed by such person would be in the future subject to any cruelty to animals, such animal shall not be returned to or remain with such person. Such animal may be turned over to a duly incorporated humane society or licensed veterinarian for sale, adoption or other disposition. (Ord. 87-173 § 2, 1987.)