(a) It shall be unlawful for any person to keep or harbor a dangerous or vicious animal within the corporate limits of the city. If the animal is found to be a dangerous or vicious animal by the Municipal Court of Wamego or the District Court of Pottawatomie County, Kansas, the person harboring such animal shall be guilty of a Class A misdemeanor and the Court may order said animal destroyed, removed from the owner permanently or temporarily, or confined by the owner in a manner and location approved by the Municipal Court.
(b) Nothing in this section shall be construed to prevent the Animal Control Officer or any law enforcement officer from taking whatever action is reasonably necessary to protect himself or herself or members of the public from injury or danger, including immediate destruction of any vicious animal without notice to the owner.
(c) If a complaint has been filed in the Municipal Court against the owner of an impounded animal for a charge under this section, the animal shall not be released except on the order of the Municipal Judge or District Judge, who may also direct the owner to pay all impounding fees in addition to any penalties for violation of this chapter. When any animal remains unclaimed for 72 hours after its release has been authorized by the Municipal Judge or District Court Judge, the Judge may, upon making a finding that such animal is vicious or that it represents a clear and present danger to the citizens or to other animals in the community, order the animal to be destroyed in a humane manner. Surrender of an animal by the owner thereof to the Animal Control Officer or other law enforcement does not relieve or render the owner immune from the decision of the court, nor to the fees and fines which may result from a violation of this section.
(d) It shall be unlawful for any person to own, keep or harbor any dog for the purpose of dog fighting or to train, torment, badger, bait or use any dog for the purpose of dog fighting or for the purpose of causing or encouraging the dog to enter into unprovoked attacks upon human beings or domestic animals. Persons violating this section shall be found guilty of a Class A misdemeanor.
(e) It shall be unlawful for any person to keep, harbor, own or in any way possess within the city limits, any coyote, wolverine or wolf, or any breed of dog which is in any part a mixture of dog and coyote, or dog and wolverine, or dog and wolf. Persons violating this section shall be found guilty of a Class A misdemeanor and the Court may order said animal destroyed or removed from the owner permanently or temporarily.
(Ord. 1531, passed 10-21-2008)