Statute in Full:
Cheyenne, Wyoming
Green River, Wyoming
Cheyenne, Wyoming City Code
Title 6 ANIMALS
Chapter 6.04 DEFINITIONS, ADMINISTRATION AND ENFORCEMENT
Chapter 6.08 ANIMAL CARE AND CONTROL REGULATIONS GENERALLY
Chapter 6.12 DOG AND CAT REGISTRATION
Chapter 6.16 RABIES CONTROL
Chapter 6.20 IMPOUNDMENT
Chapter 6.04 DEFINITIONS, ADMINISTRATION AND ENFORCEMENT
Section 6.04.010 Purpose--Authority--General provisions.
A. The purpose of this title is to establish regulations and procedures for the registration, control, impoundment, and general care of animals and fowl within the city.
B. Authority is granted cities and towns by Wyo. Stat. Section 15-1-103(a)(xiv) to regulate animals within the city and to provide for the operation of animal control and animal shelter services.
C. The provisions of this title will be enforced by persons or agencies designated by the governing body. Animal control officers designated by the city will first, before entering their duties, take an oath of office by the mayor or city clerk to empower them to issue citations for violations of this title.
D. If an animal control officer or a police officer observes a vehicle parked within the city in which domestic animals are confined with no visible means of ventilation and the health or safety of the animal is threatened, the officer shall immediately attempt to locate the vehicle owner or person responsible to provide for ventilation or to remove the animal from the vehicle. If unable to locate the vehicle owner or the person responsible within a reasonable time, the officer will be empowered to use whatever means reasonably necessary to enter the vehicle to provide ventilation or to remove the animal from the vehicle to preclude serious harm to the animal.
No officer or agent taking action pursuant to this section is liable for damage reasonably necessary to rescue a confined animal.
E. Animal control officers and police officers are authorized to enter upon any premises, excluding a dwelling unit, within the city for the purpose of apprehending and impounding animals which the officer is authorized to impound or for any other purpose authorized in this title. (2001 In-house code § 7-1)
Section 6.04.020 Definitions.
The following definitions shall apply in the interpretation and enforcement of this title:
"Animal" means a live, vertebrate creature, domestic or wild.
"Animal control authority" means the animal control officers designated by the city who are responsible for enforcing the provisions of this title.
"Animal control officer" means any person designated by the state, county commissioners, the city or another municipal government, who is qualified to perform duties under the laws, regulations or ordinances of the state, county, city or other municipality pertaining to animals or animal control.
"Animal shelter" means a facility recognized and designated by the governing body for the purpose of impounding or caring for animals held under the authority of this title or state law.
"At large" means not under restraint.
"Destroyed" means euthanization by methods generally accepted as humane by the veterinary profession.
"Domestic animal" means an animal habituated to live in or about the homes of human beings.
"Dwelling unit" means a structure consisting of one or more rooms or units designed for or occupied as a unit by one family for living purposes.
"Humane Trap" means a device designed to capture or contain an animal without causing injury to the animal.
"Inhumane trap" means a device designed to capture or contain an animal which causes injury to the animal as a result of the trap’ s operation.
"Leash/lead" means a thong, cord, rope, chain or similar device which holds an animal in restraint, and which is not more than six feet in length.
"Owner" means every person keeping or harboring a domestic animal, including the person named on an animal registration record as owner. "Owner" includes, but is not limited to, an occupant of the premises or dwelling unit where the animal is usually kept, if the premises or dwelling unit are other than the premises of the owner shown on the registration record; or any person having control or purporting to have control over any animal which is running at large; or any person in possession of, harboring, or who allows any animal to remain about their premises for a period of three consecutive days or more. The parent or guardian of an owner shall be deemed the owner for purposes of this title when the owner is under the age of eighteen (18) years. For purposes of recovering stolen animals, a person named on the animal’ s registration record will be considered the animal’ s owner.
"Pack" means a group of three or more animals at large.
"Public nuisance" means an animal which molests passersby or passing vehicles; attacks other animals; damages private or public property; barks, whines, howls, or makes other noise in an excessive, continuous or untimely fashion; or an animal that becomes an untreated source of disease to other animals or humans.
"Restraint" means physical control by a responsible person by use of a leash or lead; tethering an animal to a stationary object not within range of a public street, sidewalk, alley or common path; or confining an animal within a fence or other enclosure which restricts it to a particular premise.
"Vicious animal" means any animal which constitutes a physical threat to human beings or other animals, or an animal when, unprovoked, bites or attacks a human being. A properly registered animal trained as a guard, sentry, or police dog may not be considered a vicious animal. (2001 In-house code § 7-2)
Section 6.04.030 Capture of animals.
Animal control officers and/or police officers are authorized to:
A. Place or authorize the use of humane and safe traps in order to capture unrestrained animals on public or private property within the city at the written request of the property owner;
B. Utilize chemicals to capture public nuisance or vicious animals if all other means fail. No officer may exercise this authority until the officer has been properly trained in the use of chemical capture. Only tranquilizing drugs approved for use on animals by the American Veterinary Medical Association (AVMA) may be utilized.
C. Shoot a public nuisance or vicious animal when necessary to avoid immediate physical threat or injury to human beings.
D. Capture unrestrained animals whether at large singly, or in packs, and cause them to be confined in the animal shelter. (2001 In-house code § 7-3)
Section 6.04.040 Violation--Penalty.
Any person violating the provisions of this title will, upon conviction, be punished pursuant to the penalties outlined in this title, or as provided by general penalty of the city code. Any subsequent violations, including penalties and fees, refers to and will be a subsequent violation by the same owner, regardless of whether or not the same animal was involved in each violation. (2001 In-house code § 7-30)
Chapter 6.08 ANIMAL CARE AND CONTROL REGULATIONS GENERALLY
Section 6.08.010 Cruelty to animals.
A. No owner shall abandon or fail to provide an animal with sufficient, good and wholesome food and water, proper shelter, protection from the weather and veterinary care when needed to prevent suffering, and with humane care and treatment. Food must be free from contamination, wholesome, palatable and of sufficient quantity and nutritive value to meet the normal daily requirements for the condition and size of the animal.
B. If a shelter with a chain is used as a primary enclosure for a dog kept outdoors, the chain must be placed or attached to avoid entanglement with chains of other dogs or any other object. A chain should be at least three times the length of the dog as measured from the tip of its nose to the base of its tail, and must allow the dog convenient and safe access to shelter.
C. No person shall leave a dog or any other animal in an unattended vehicle without adequate ventilation or in such a manner as to subject the animal to extreme temperatures which adversely affect its health or welfare.
D. No person shall establish or promote as an exhibition or cause or permit any dogfight, cockfight, bullfight or other combat between animals nor keep or train any bird, dog or other animal with the intent of engaging or using the animal in an exhibition of fighting. Animals so kept or trained by persons violating this provision are subject to penalties set out in Wyo. Stat. Section 6-3-203(e).
E. No person shall permit, induce or encourage any animal to perform through the use of chemical, mechanical, electrical or manual devices in a manner likely to cause physical injury, suffering or trauma to the animal.
F. No person shall wilfully kill, maim, inhumanely trap, or disfigure any domestic or wild animal, except as provided for in this title, or administer poison or cause to be ingested any foreign object to any animal or expose any poisonous substance with the intent that it will be taken by the animal, except pests of public health importance within a dwelling unit.
Animal control and police officers have the authority to kill or destroy any wild or domestic animal in order to avoid an immediate physical threat or injury to human beings. (2001 In-house code § 7-4)
Section 6.08.020 Keeping or slaughtering of certain animals--Restrictions within city.
A. Except as provided within this title, no person may keep or slaughter within the city any cattle, cows, horses, swine, goats, chickens, ducks, geese, turkeys, guinea fowl, nonhuman primates or other livestock.
B. This section shall not apply in areas of the city zoned agricultural; to livestock brought into the city for purposes of being shipped out of the city; to animals brought into the city to receive veterinary care, or to goats that are being used for weed and pest control purposes by or through the weed and pest control division.
C. The keeping of animals, birds or fowl, otherwise prohibited by this section, may be allowed for rodeos, fairs, circuses, carnivals, parades and other public exhibitions or entertainment events; provided, that the proper licenses and permits for the event have been obtained from the city. Persons desiring to use goats for weed and pest control purposes per subsection B of this section must also obtain proper licenses and permits.
D. The city/county health officer may issue an order prohibiting the keeping of any animals, fowl or bird which poses a health hazard to the general public pursuant to city ordinances, or state and federal laws pertaining to public health. (2001 In-house code § 7-5)
Section 6.08.030 Animals running at large prohibited.
The owner of any animal must keep the animal under restraint at all times, not permitting it to run at large except on the owner’ s property. The owner of an animal found to be at large shall be responsible for any violation of this section. Upon conviction, the owner of any animal that is:
A. Altered or less than six months of age will be punished as follows:
1. First offense: twenty-five dollar ($25.00) fine;
2. Second offense, within a twelve (12) month period: fifty dollar ($50.00) fine;
3. Third offense, within a twelve (12) month period: one hundred dollar ($100.00) fine;
4. All subsequent offenses, within a twelve (12) month period: up to seven hundred fifty dollar ($750.00) fine and/or six months in jail.
B. Unaltered animal will be punished as follows:
1. First offense: minimum fifty dollar ($50.00) fine;
2. Second offense, within a twelve (12) month period: minimum one hundred dollar ($100.00) fine;
3. Third offense, within a twelve (12) month period: minimum two hundred dollar ($200.00) fine and mandatory altering of the animal;
4. All subsequent offenses, within a twelve (12) month period: up to seven hundred fifty dollar ($750.00) fine and/or six months in jail.
C. The owner of any animal shall bear the burden of proof regarding an animal’ s alteration. (2001 In-house code § 7-6)
Section 6.08.040 Owning or keeping vicious animals.
No person shall own, keep, harbor or allow to be upon any premises occupied by him or her or under his or her charge or control, any known vicious animal that may manifest a disposition to bite anyone without having the animal properly secured and muzzled. Upon conviction of any person violating this provision, municipal court may, in addition to the general penalty provided by the city code, order any animal control officer or police officer to destroy such animal or ban it from the city, and for that purpose any officer charged with such duty shall have the right to enter upon any premises within the city. (2001 In-house code § 7-7)
Section 6.08.050 Selling of vertebrates.
A. No live animal, reptile or bird younger than six weeks in age may be sold in quantities of less than one dozen to one purchaser.
B. Live animals, reptiles or birds may not be given away as a prize for or as an inducement to enter a place of amusement, or used as an incentive to enter into any business agreement whereby the offer was for the purpose of attracting trade. (2001 In-house code § 7-8)
Section 6.08.060 Keeping of wild animals.
No person shall own any wild animal or exotic pet within the city limits, except that this restriction does not apply to the keeping of small cagebirds or aquatic, amphibian or nonpoisonous reptilian animals or small rodents such as hamsters, guinea pigs or gerbils kept solely as pets; nor to any zoological garden, theatrical exhibit, circus, legally incorporated college, university or school. (2001 In-house code § 7-9)
Section 6.08.070 Disturbance of the peace.
No owner of an animal within the city shall permit the animal to disturb the peace and quiet of any individual, family or neighborhood by allowing the animal to bark, whine, howl or make any other noise in an excessive, continuous or untimely fashion. If an animal does so disturb the peace and quiet, its owner shall be deemed guilty of a violation of this section when the owner receives a written warning from the city of a previous complaint at least once within the preceding twelve (12) months. (2001 In-house code § 7-10)
Section 6.08.080 Animals in estrus.
A. All female animals in estrus must be confined inside a building, a fenced area or other enclosure which prevents contact with any male animal, except during planned breeding.
B. Upon conviction, owners of any animal in estrus who violate the provisions of this section shall be punished as follows:
1. First offense: minimum one hundred dollar ($100.00) fine;
2. Second offense, within a twelve (12) month period: minimum two hundred dollar ($200.00) fine;
3. Third offense, within a twelve (12) month period: minimum three hundred dollar ($300.00) fine and mandatory altering of the animal;
4. All subsequent offenses, within a twelve (12) month period: up to seven hundred fifty dollar ($750.00) fine and/or six months in jail. (2001 In-house code § 7-11)
Section 6.08.090 Quantity of animals.
A. Animals kept within a dwelling unit are not permitted in quantities of more than four adult animals per dwelling unit. Any dwelling unit or other property maintaining more than four dogs is considered a kennel and the property must meet zoning requirements.
B. More than four dogs of the same litter may be maintained on the premises until attaining the age of four months. (2001 In-house code § 7-12)
Section 6.08.100 Prohibited animals--General regulations.
The following animals shall not be brought into, kept, maintained, offered for sale or barter, or released within the city: poisonous or venomous biting or injecting species of amphibian, arachnid or reptile, including snakes. This restriction does not prohibit any circus or other entertainment organization, an educational facility, or the department of parks and recreation from keeping such an animal where the animal is securely and humanely confined. (2001 In-house code § 7-13)
Section 6.08.110 Public nuisance--Unlawful.
No owner of an animal shall allow it to be or become a public nuisance. Owners violating this section shall be subject to the penalty provided within this title or the general penalty provided by city code. (2001 In-house code § 7-14)
Section 6.08.120 Vehicular accidents with animals.
Any motorist, while operating a vehicle, who hits a domestic animal shall stop and immediately report the incident either to the animal’ s owner, or, in the event the owner cannot be ascertained and located, to the animal control authority or police department. (2001 In-house code § 7-26)
Section 6.08.130 Removal of dead animals required.
If an animal dies within the city, its owner or person in charge must arrange for the animal to be buried at a location approved, in advance, by the animal control authority. If the owner or person having charge of the animal neglects to remove the same within ten (10) hours of an animal’ s death, the animal control authority or police department will arrange for removal at the expense of the owner or persons having charge of the animal, such expense is recoverable by the city through civil action. Whenever the owner or person having charge of a dead animal cannot be found or ascertained, it is the duty of the animal control authority to make arrangements for removal and disposal of the animal. (2001 In-house code § 7-27)
Section 6.08.140 Animal wastes.
A. A person owning, keeping, possessing or harboring any animal must remove and dispose of, in a prompt and sanitary manner, feces left by the animal on any public property or any private property not owned or lawfully occupied by such person.
B. An animal owner is responsible for keeping his or her property free and clear of animal waste to prevent potential harm to the public health, as determined by the city/county health officer, or his or her designee. If a determination is made that a potentially dangerous situation to the public’ s health exists, a notice of violation may be issued.
C. This section does not apply to persons utilizing a seeing-eye dog or to persons physically handicapped to such a degree that they are incapable of compliance.
D. This section does not apply to owners of animals participating in events for which a permit has been issued by the city clerk. (2001 In-house code § 7-28)
Section 6.08.150 Housing or exhibiting animals.
Persons maintaining poultry or animals according to Section 6.08.020(B) and (C) of this chapter must keep the same under clean and sanitary conditions. Facilities for housing and confinement must be thoroughly cleaned at least once every twenty-four (24) hours, or as directed by the city/county health officer. It will be unlawful to permit any decaying food, or any refuse of any kind, to remain in the facility. The collection and disposition of refuse will be in accordance with city ordinances, and it will be unlawful to permit refuse to remain uncovered. (2001 In-house code § 7-29)
Section 6.08.160 Carrying an animal on vehicle prohibited--Exception--Penalty--Definitions--Enforcement.
A. No person shall carry any animal upon the hood, fender, running board, or other external part of a vehicle or in the open bed of a pickup truck or other vehicle if the vehicle is being operated upon a public road or highway, unless the animal is protected by framework, carrier or other device sufficient to keep it from falling from the vehicle. This prohibition does not apply to livestock.
B. Any person who violates this section is guilty of a misdemeanor.
C. Definitions.
1. For purposes of this section, “vehicle” means any means of conveyance or travel which may be lawfully operated or parked upon any public or private way.
2. For purposes of this section, “animal” means and includes only living animals.
D. Enforcement. Any enforcement of this section requiring a traffic stop shall be enforced by the Cheyenne police department. (Ord. 3636 § 1, 2005)
Chapter 6.12 DOG AND CAT REGISTRATION
Section 6.12.010 Registration--Vaccination.
A person owning, keeping, harboring or having custody of a dog or cat over four months of age must register the animal with the animal control authority through a licensed state veterinarian, or at the office of the animal control authority. A certificate of vaccination constitutes the registration form, which is considered complete when a copy has been received at the animal control authority office. Ownership of the dog or cat vaccinated will be presumed to be that individual listed as owner on the certificate. (2001 In-house code § 7-15(a))
Section 6.12.020 Rabies tag.
The rabies tag, which is provided at the time of rabies vaccination, serves as the registration tag and must be displayed on a chain, collar or harness attached to the animal. The registration and rabies tag are valid for the period of the rabies vaccination or one year, whichever is shorter.
No person, other than the owner or an animal control officer, shall remove the collar, harness or registration tag from an animal. The registration and rabies tag are valid only for the animal for which it is issued. (2001 In-house code § 7-15(b))
Section 6.12.030 Record.
The animal control authority will maintain a public record of dogs and cats registered. (2001 In-house code § 7-15(c))
Chapter 6.16 RABIES CONTROL
Section 6.16.010 Exemptions.
Hospitals, clinics and other premises operated by a licensed veterinarian for animal care and treatment are exempt from the provisions of this title pertaining to rabies control, except where expressly stated. (2001 In-house code § 7-16)
Section 6.16.020 Rabies vaccination required.
A. All dogs and cats, which are four months of age or older, must be vaccinated against rabies. All dogs and cats vaccinated at four months of age or older must be re-vaccinated at one year of age and thereafter at intervals recommended by current state veterinary standards. If any dog or cat does not have a current rabies vaccination tag, or specifically for dogs, a current license tag, affixed to its collar or harness, the animal’ s owner will be presumed to have violated the provisions of this title. (2001 In-house code § 7-17)
Section 6.16.030 Reporting animal bites--Rabies quarantine.
A. Any person who knows that an animal has bitten a human being shall immediately report the incident to the animal control authority or police department, together with the name and address of the person bitten, if known.
B. If an animal is suspected of having rabies or if an animal has bitten a person, the animal must be confined for a period of at least ten (10) days by a leash, chain or cage at the animal shelter, veterinary hospital or at a location approved by the city/county health officer, or their designee, or destroyed with the animal’ s corpse submitted to an approved laboratory for rabies analysis.
C. No animal held for observation on suspicion of rabies will be released until the observation period is over. Upon proof of current rabies vaccination, the animal may be released into quarantine at the owner’ s residence at the discretion of the animal control authority.
D. If an animal has been bitten by another animal suspected of having rabies, the owner of the bitten animal must report the incident to the animal control authority or the police department.
E. The animal control authority may remove an animal suspected of rabies, or of being exposed to rabies, from the owner’ s premises to a veterinary hospital, at the owner’ s expense to be paid in advance, for observation during the standard incubation period established by the State Health Department for the particular species of animal. The owner may elect to have the animal destroyed. Upon proof of previous vaccination, within time limits generally accepted in the field of veterinary medicine, re-vaccination and restraint shall, in the discretion of the animal control authority, be sufficient. (2001 In-house code § 7-18)
Section 6.16.040 Destruction and disposal procedures.
The following procedures will be followed if an animal is found to be rabid or if it can not be established whether it has rabies:
A. If a standard incubation period has not been established by the State Department of Health for the particular species of animal being placed under observation, the animal will be destroyed in a humane fashion. If the animal was involved with another animal or human being, a necropsy will be performed by a certified laboratory to determine rabies contamination.
B. If rabies is ascertained in any animal, the animal will be destroyed in a humane fashion. No person shall destroy or cause to be destroyed any rabid animal suspected of having been exposed to rabies, or any animal biting a human being, except as provided herein, nor remove the animal from the city limits without written permission from the animal control authority.
C. When rabies is diagnosed in an animal under quarantine, or when an animal dies or is destroyed while under observation for suspected rabies, the animal control authority will immediately send the head of the animal to the State Health Department for pathological examination, and will notify the proper public health officer of reports of human contacts and the diagnosis.
D. The carcass of any dead animal exposed to rabies shall, upon demand, be surrendered to the animal control authority.
E. Upon demand of the animal control authority, an owner shall surrender any animal which has bitten a human being, or which is suspected of having been exposed to rabies, for supervised quarantine, the expense of which will be borne by the owner. The animal may be reclaimed by the owner if it is adjudged free of rabies, upon payment of fees determined by the governing body from time to time by resolution. (2001 In-house code § 7-19)
Section 6.16.050 Quarantine--Restrictions.
A. If an animal under quarantine or observation is positively diagnosed with rabies, the animal control authority may order a quarantine in such geographic area within the city deemed necessary for a period not to exceed sixty (60) days. During the period established for a quarantine no pet animal may be taken, or permitted to be at large, on any street or any public place within the quarantined area, or taken or shipped from or into the quarantine area without permission of the animal control authority. In the event that additional cases of rabies occur during the quarantine period, the time frame may be extended as determined by the animal control authority.
B. During the quarantine period and as long afterward as deemed necessary to prevent the spread of rabies, the animal control authority may require that all animals three months of age or older within the quarantine area be vaccinated against rabies. All vaccinated animals shall be kept under restraint for thirty (30) days after vaccination. During the quarantine period, the animal control authority is authorized to provide for a program of mass immunization by the establishment of temporary emergency canine rabies vaccination clinics.
C. No animal which has been impounded by reason of its being a stray and unclaimed by an owner, may be adopted from the animal shelter during the period of a rabies quarantine, except by special authorization of the animal control authority.
D. Licensed veterinarians must report any animal considered to be a rabies suspect to the animal control authority. (2001 In-house code § 7-20)
Chapter 6.20 IMPOUNDMENT
Section 6.20.010 Designation of animal shelter.
The city may designate or operate a facility for holding of animals, including dogs and cats, and enter into a cooperative agreement with other jurisdictions for the operation of such an animal shelter facility. (2001 In-house code § 7-21)
Section 6.20.020 Animal impoundment.
A. At large, maltreated, rabid, vicious and/or public nuisance animals may be taken by animal control authorities or police officers and impounded in an animal shelter, confined in a humane manner. Animals at large which are not maltreated, rabid or vicious and which are wearing current rabies tags may be returned to the owner upon proof of ownership. The owner may be issued a citation for a violation of this title.
B. Impounded animals which are seriously injured or ill and have no current rabies tag may be destroyed.
C. If the animal is seriously injured or ill and is wearing a current rabies identification tag, a diligent and reasonable effort to locate and inform the owner will be made. If the owner is unable to be located, the animal may, upon recommendation of a veterinarian, be destroyed.
D. Notice of impoundment of an animal wearing a current registration or rabies tag or other identification will be attempted within thirty-six (36) hours of impoundment by the animal control authority to the owner either by telephone or in person at the address noted on the registration, identification or rabies document. When notice cannot be made to an owner within thirty-six (36) hours of impoundment, or when the animal is unidentified, written notice by the animal control authority will be posted at the animal shelter within twelve (12) hours of impoundment, giving a summary description of the animal held. Notice will be mailed to the owner’ s residence, if known.
E. Any animal not claimed by its owner within two working days will become the property of the animal shelter, and will be available for adoption in a suitable home, or humanely euthanized. (2001 In-house code § 7-22)
Section 6.20.030 Release of impounded animals.
A. An owner reclaiming an impounded animal must pay the following fees:
1. Any altered animal: thirty dollars ($30.00);
2. Any unaltered animal, initial owner reclaim: fifty dollars ($50.00);
3. Subsequent reclaiming by owner of any unaltered animal, within a twelve (12) month period: minimum one hundred dollars ($100.00);
4. Reduction of fee by five dollars if the animal is wearing a rabies or identification tag or other acceptable form of identification listing the owner’ s name and current address.
B. An owner reclaiming an impounded animal which does not have a current rabies tag, prior to the animal’ s release, must submit proof of current rabies vaccination certificate for the animal issued by a licensed veterinarian, or, in lieu thereof, the owner may submit a cash deposit of twenty-five dollars ($25.00) with the animal shelter to be refunded upon the owner submitting proof, within seventy-two (72) hours of vaccination and license. Failure to comply may result in reimpoundment of the animal, forfeiture of the deposit, and disposition in accordance with Section 6.20.040 of this chapter.
C. Owners of any reclaimed impounded animal may, in addition to the above fees, be subject to penalty as provided by this title or the city code. (2001 In-house code § 7-23)
Section 6.20.040 Disposition of unredeemed animals.
If an impounded animal is not claimed or redeemed from the animal shelter in the manner and time provided in this chapter, it will become the property of the animal control authority and may be eligible for adoption either by the city or by another agency. If the animal is not adopted within five days, the animal may be destroyed. (2001 In-house code § 7-24)
Section 6.20.050 Sterilization.
Dogs and cats adopted from the animal shelter must be sterilized. If an animal is not sterilized at the time of adoption, the proposed owner must deposit twenty-five dollars ($25.00) with the adopting agency which will be refunded upon submission of proof of sterilization. The adopter must present proof of sterilization within sixty (60) days from adoption, provided, however, the requirement will be waived upon presentation of a certificate from a licensed veterinarian stating the animal is too young for sterilization during the prescribed period. The certificate will state the earliest time the animal may safely be sterilized, at which time the animal will be sterilized and the adopter will present to the adopting agency said proof of sterilization. Failure by the adopter to submit proof of sterilization will be deemed a violation of this section, punishable, upon conviction, of a fine of not less than fifty dollars ($50.00). (2001 In-house code § 7-25)
Green River, Wyoming
Code of Ordinances City of Green River Wyoming
Chapter 6 ANIMALS AND FOWL*
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*Cross references: Animals in cemetery, § 8-68.
State law references: Agriculture, livestock and other animals, W.S. 1977, 11-1-101 et seq.
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Art. I. In General, §§ 6-1--6-20
Art. II. Pets, §§ 6-21--6-53
Div. 1. Generally, §§ 6-21--6-30
Div. 2. License, §§ 6-31--6-45
Div. 3. Impoundment, §§ 6-46--6-53
ARTICLE I. IN GENERAL
Sec. 6-1. Definitions.
The following words and phrases, when used in this chapter, shall have the following meanings respectively ascribed to them:
Animal shall mean every living dumb creature, domestic or wild.
Animal control officer shall mean any person named by the city for the purpose of being a law enforcement officer for this chapter.
Animal shelter shall mean any premises designated by the city administrative authority for the purpose of impounding and caring for animals held under authority of this chapter.
At large: Every animal shall be considered running at large when it is physically off the property of the owner and not under the immediate restraint of a competent person.
Kennel shall mean a place, whether operated for profit or not, where dogs, cats and other domestic animals are bred, bought, sold or boarded.
Owner shall mean any person, group of persons, association of persons, partnership or corporation who shall own, keep or harbor any animal or permit the same to habitually remain or be fed in or about such owner's premises.
Police officer shall mean a person employed by the city for the purpose of policing and enforcing any law or ordinance of the city.
Restraint: An animal is under restraint only when controlled by a leash, when in the immediate company of a competent person and obedient to that person's commands, or when on or within a vehicle being driven or parked on the streets of the city.
Torture, torment, or cruelty: Every act, omission or neglect whereby the willful and malicious infliction of pain or suffering is caused, permitted or allowed to continue when there is a reasonable remedy or relief.
(Ord. No. 1018, § 1, 9-27-76; Ord. No. 83-2, § 1, 1-4-83; Ord. No. 85-1, § 1, 1-15-85; Ord. No. 92-10, § 1, 5-19-92; Ord. No. 00-13, § 1, 11-21-00)
Cross references: Definitions and rules of construction generally, § 1-2.
Sec. 6-2. Livestock prohibited; permits.
(a) It shall be unlawful for any person to keep, own or harbor any livestock, hoofed or exotic animal within the city limits unless a permit has been obtained or the property is a designated public facility.
(b) Permits authorizing the keeping of livestock, hoofed or exotic animals within the city limits as pets shall be issued by the city administrator in his sound discretion, with right to appeal to the governing body.
(c) Pets requiring a permit shall be limited to one per household or residence.
(Ord. No. 1018, §§ 16, 17, 9-27-76; Ord. No. 83-2, § 1, 1-4-83; Ord. No. 85-1, § 1, 1-15-85; Ord. No. 92-10, § 2, 5-19-92; Ord. No. 00-13, § 2, 11-21-00)
Sec. 6-3. Cruelty.
(a) It shall be unlawful for any person to abandon, maltreat, torture or torment an animal unnecessarily, to cruelly beat, injure or mutilate an animal, to carry an animal in a cruel or inhuman manner, or having the right and authority, to kill any animal in any way except a humane manner.
(b) It shall be unlawful for any owner to fail to provide his animals with sufficient quantities of proper food, water, shelter and protection from the weather, veterinary care when needed to prevent suffering, and to treat the same with humane care.
(c) It shall be unlawful for any person to cause or encourage a dogfight, cockfight, bullfight, or any other form of combat between animals or between animals and humans, or to permit the same to occur on premises under his charge or control.
(d) A person commits cruelty to animals if he is knowingly present at any place where an exhibition of animal fighting is occurring for amusement or gain.
(e) It shall be unlawful for anyone except a licensed veterinarian to crop an animal's ears or tail.
(f) Ownership or the commission of such acts of cruelty on private property shall not be a justifiable defense for violation of this section.
(g) The driver of any motor vehicle involved in an accident resulting in injury to a domestic animal shall immediately stop and render such assistance as may be possible and shall take reasonable steps to notify the owner of said animal or give notice of such accident to the city police department or the animal control office of the city.
(h) If a person is convicted of cruelty to animals under this section the court may, in addition to imposing a sentence and penalty:
(1) Require the defendant to forfeit ownership of the animal to the city for placement or disposal in accordance with this chapter, and for that purpose, any such officer charged with said duty shall have the right to enter upon any premises with the city;
(2) Require the defendant to pay all reasonable costs incurred in providing necessary food and water, veterinary attention and treatment for any animal affected; and
(3) Prohibit or limit the defendant's current and future ownership, possession or custody of animals, as the court deems appropriate.
(Ord. No. 1018, §§ 11, 12, 9-2-76; Ord. No. 83-2, § 1, 1-4-83; Ord. No. 85-1, § 1, 1-15-85; Ord. No. 87-20, § 1, 11-17-87; Ord. No. 92-10, § 3, 5-19-92; Ord. No. 00-13, § 3, 11-21-00)
State law references: Protection of domestic animals generally, W.S. 1977, 11-29-101 et seq.; poisoning or killing dogs with ground glass, W.S. 1977, 11-31-104.
Sec. 6-4. Proper control to prevent a public nuisance required.
It shall be unlawful for any owner to fail to exercise proper care and control of his animals to prevent them from becoming a public nuisance. Excessive, continuous or untimely barking, molesting passersby, chasing vehicles, habitually attacking other domestic animals, running wild game, trespassing upon school grounds, trespassing upon private property, noxious or offensive odors emanating from their living conditions, or unsanitary living conditions shall be deemed a nuisance.
(Ord. No. 1018, § 12, 9-27-76; Ord. No. 83-2, § 1, 14-83; Ord. No. 85-1, § 1, 1-15-85; Ord. No. 92-10, § 4, 5-19-92; Ord. No. 00-13, § 4, 11-21-00)
Cross references: Nuisances generally, Ch. 17.
State law references: Power to prohibit animals from running at large, W.S. 1977, 15-1-103(a)(xiii).
Sec. 6-5. Quarantine of animal which bites.
(a) Any animal which bites a person shall be reported to the animal control officer or the police department within twenty-four (24) hours.
(b) Any animal which attacks a person may be impounded by the animal control officer and held in quarantine for a least fifteen (15) days and not more than twenty (20) days after the attack to determine whether the animal has any disease which may be communicated to humans, except that no animal shall be quarantined if the animal's owner or custodian presents a valid, current rabies vaccination certificate showing the animal has been vaccinated against rabies by a licensed veterinarian. During quarantine, the animal shall be securely confined and kept from contact with any other animal. At the discretion of the animal control officer, the quarantine may be on the premisses of the owner. If the animal control officer requires other confinement, the owner shall surrender the animal for the confinement period to the animal control officer, who shall keep the animal in the animal shelter designated by the city, or the owner shall, place it in a veterinary hospital. All costs associated with impoundment, quarantine and testing shall be paid by the owner or custodian of the animal.
(Ord. No. 1018, § 13, 9-27-76; Ord. No. 83-2, § 1, 1-4-83; Ord. No. 85-1, § 1, 1-15-85; Ord. No. 89-22, § 1, 7-5-89; Ord. No. 92-10, § 5, 5-19-92; Ord. No. 00-13, § 5, 11-21-00)
Sec. 6-6. Removal of dead animals; destruction of animals; fees.
(a) When requested to do so by the owner of said animal, the chief of police shall remove dead animals from the premises, property or place of business within the city, provided, however, that in such a case a fee must be paid for such services.
(b) When requested to do so, the chief of police shall remove stray dogs, cats, pups or other animals, and said animals shall be housed at the animal shelter until adopted out or destroyed as required by this chapter.
(c) Fees for said services shall be established by resolution at least annually by the governing body.
(Ord. No. 1018, § 15, 9-27-76; Ord. No. 83-2, § 1, 1-4-83; Ord. No. 85-1, § 1, 1-15-85; Ord. No. 92-10, § 6, 5-19-92; Ord. No. 00-13, § 6, 11-21-00)
State law references: Disposal of dead animals, W.S. 1977, 35-10-101 et seq.
Sec. 6-7. Interference with animal control officer prohibited.
The animal control officer shall have police powers in the enforcement of this chapter and no person shall interfere with, hinder, molest, delay, obstruct or abuse any animal control officer in the exercise of his or her duties, nor willfully set any animal at large, or break or assist to break open any enclosure where an animal is confined.
(Ord. No. 1018, § 18, 9-27-76; Ord. No. 83-2, § 1, 14-83; Ord. No. 85-1, § 1, 1-15-85; Ord. No. 92-10, § 7, 5-19-92)
Cross references: Offenses against public justice, § 18-16 et seq.
Sec. 6-8. Penalty for violations.
Any person or persons who shall be convicted of violating any of the provisions of this chapter shall, unless otherwise stated, be fined in accordance with section 1-10 of the Green River Code. A separate offense shall be deemed committed on each day during or on which the violation occurs or continues.
(Ord. No. 1018, § 21, 9-27-76; Ord. No. 83-2. § 1, 1-4-83; Ord. No. 85-1. § 1, 1-15-85; Ord. No. 92-10, § 8, 5-19-92)
Secs. 6-9--6-20. Reserved.
ARTICLE II. PETS*
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*State law references: Dogs, W.S. 1977, 11-31-101 et seq.
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DIVISION 1. GENERALLY
Sec. 6-21. Animals running at large prohibited.
It is unlawful for any animal to run at large within the city. Every animal shall be considered running at large when it is physically off the property of the owner of the animal, and not under immediate restraint of a competent person.
(Ord. No. 1018, § 4, 9-27-76; Ord. No. 83-2, § 1, 1-4-83; Ord. No. 85-1, § 1, 1-15-85; Ord. No. 92-10, §9, 5-19-92)
Cross references: Streets, sidewalks and other public places, Ch. 22.
State law references: Power to prohibit animals from running at large, W.S. 1977, 15-1-103(a)(xiii).
Sec. 6-22. Securing of vicious animals required.
(a) No person shall have, keep, harbor or allow to remain upon his premises any vicious or notoriously cross animal or an animal that may manifest a disposition to bite or attack any person, without having the same properly secured and muzzled.
(b) Proof of the fact that the animal has bitten or attacked any person at any place where a person is legally entitled to be is evidence that the animal is vicious within the meaning of this chapter.
(c) If, after conviction under this section, it appears that the animal is still living, the municipal judge may, in addition to the penalties provided for in section 1-10 of this Code, order the chief of police or his designee to forthwith cause such animal to be destroyed, and for that purpose, any such person charged with such duty shall have the right to enter upon any premises within the city.
(Ord. No. 1018, § 14, 9-27-76; Ord. No. 83-2, § 1, 1-4-83; Ord. No. 85-1, § 1, 1-15-85; Ord. No. 89-22, § 2, 7-5-89; Ord. No. 92-10, § 10, 5-19-92)
Sec. 6-23. Residences with over three pets deemed kennels.
(a) Any residence which shall keep over three (3) pets of the same species, over the age of three (3) months, shall be considered a kennel, and shall be subject to all ordinances covering kennels and all zoning ordinances in connection therewith.
(b) Subsection (a) shall not apply to small caged birds or aquatic or amphibian animals kept solely as pets.
(Ord. No. 1018, § 20, 9-27-76; Ord. No. 83-2, § 1, 1-4-83; Ord. No. 85-1, § 1, 1-16-85; Ord. No. 92-10, § 11, 5-19-92)
Secs. 6-24--6-30. Reserved.
DIVISION 2. LICENSE
Sec. 6-31. License required; exceptions.
(a) No person shall, without first obtaining a license in writing from the city treasurer, or a veterinarian authorized by the city to issue animal licenses, own, keep, harbor, or have custody of any dog, cat or animal being kept as a pet over six (6) months of age.
(b) Subsection (a) shall not apply to the keeping of small caged birds or aquatic or amphibian animals solely as pets.
(c) Subsection (a) shall not apply to nonresidents of the city who are keeping only domestic pets, provided that animals of such owners shall not be kept in the city longer than thirty (30) days and that the animals are kept under restraint.
(Ord. No. 1018, §§ 2, 19, 9-27-76; Ord. No. 83-2, § 1, 1-4-83; Ord. No. 85-1, § 1, 1-15-85; Ord. No. 92-10, § 12, 5-19-92; Ord. No. 96-13, § 1, 11-4-96)
Sec. 6-32. Certificate of immunization required before license or permit to be issued.
Any person desiring to keep an animal within the city that is subject to the licensing section of this chapter shall, unless exempted through the permitting process previously set forth in this chapter, exhibit to the city treasurer a certificate of rabies vaccination from a licensed doctor of veterinary medicine proving that the animal in question has been vaccinated for rabies with a vaccine that is held out by the drug manufacturer as effective for use upon that particular species and which immunization will remain good for a specific period of time not to exceed two (2) years.
(Ord. No. 1018, § 3, 9-27-76; Ord. No. 83-2, § 1, 1-4-83; Ord. No. 85-1, § 1, 1-15-85; Ord. No. 92-10, § 13, 5-19-92; Ord. No. 96-13, § 2, 11-4-96)
Sec. 6-33. Fees.
(a) The fees for obtaining an animal license under this chapter shall be set according to species, shall differentiate between sterilized and non-sterilized animals, and shall be established by resolution at least annually by the governing body.
(b) At the time a license is purchased for a non-sterilized cat or dog, a ten dollar ($10.00) coupon shall be issued to the owner of the animal, good toward the operation cost of the neutering or spaying of said animal by any Green River veterinarian. The coupon shall:
(1) Be valid for the remainder of the calendar year in which it is issued, expiring automatically upon the thirty-first day of December of each year;
(2) Be valid only for surgery on the dog or cat for which the license tag was purchased; and
(3) Be presented to the city clerk each month by the operating city veterinarian for reimbursement.
(Ord. No. 1018, § 3, 9-27-76; Ord. No. 83-2, § 1, 1-4-83; Ord. No. 85-1, § 1, 1-15-85; Ord. No. 92-10, § 14, 5-19-92; Ord. No. 96-13, § 3, 11-4-96; Ord. No. 00-13, § 7, 11-21-00)
State law references: Power to impose a license fee for keeping or harboring dogs. W.S. 1977. 15-1-103(a)(xiii).
Sec. 6-34. Issuance; tag.
(a) Upon the completion of all requirements for licensure of animals kept within the city as set forth in this chapter, the city treasurer or his designee shall issue to the owner a metallic or durable plastic tag, stamped with an identifying number and with the year of issuance and so designed that it may be conveniently fastened to a collar or harness. Such tag shall be fastened to the animal's collar or harness by the owner and shall be worn at all times when the animal is off the premises of its owner. The city treasurer shall maintain a record of the identifying numbers and shall make this record available to the public. All animals so registered but not in immediate possession of the tag which are found running at large will be impounded, and the owner subject to the same penalty as the owner of unregistered animals.
(b) It is unlawful for any person other than the owner of the animal who has legal title thereto, a police officer or animal control officer in the performance of his or her duty, to deprive an animal of its collar, license or tag.
(c) If a valid tag has been lost the city treasurer is authorized to issue a duplicate thereof to the lawful owner at no additional cost or expense to said owner, said license or tag to be valid for the unexpired term of the original thereof.
(Ord. No. 1018, §§ 3, 8, 9, 9-27-76; Ord. No. 83-2, § 1, 1-4-83; Ord. No. 85-1, § 1, 1-15-85; Ord. No. 92-10, § 15, 5-19-92; Ord. No. 96-13, § 4, 11-4-96)
Sec. 6-35. Term of animal licenses.
(a) The term of a license for animals kept within the city limits shall correspond to but not exceed the term of the specific animals' rabies vaccination as shown by the rabies certificate described in section 6-32 of this chapter. No license shall be issued for a term in excess of that stated on the animal's rabies vaccination certificate.
(b) For purpose of apportioning the licensure fee, the treasurer or his designee shall utilize the natural division of the calendar year into twelve (12) months and issue licenses accordingly. If an animal's rabies vaccination certificate does not include an entire month, then the treasurer shall only issue a license up to and including the preceding month. This is to insure that no license is issued for any month in which the animal is not adequately vaccinated for the entire period. The treasurer shall apportion the licensure fee accordingly.
(Ord. No. 1018, § 10, 9-27-76; Ord. No. 83-2, § 1, 1-4-83; Ord. No. 85-1, § 1, 1-15-85 Ord. No. 92-10, § 16, 5-19-92; Ord. No. 96-13, § 5, 11-4-96)
Secs. 6-36--6-45. Reserved.
DIVISION 3. IMPOUNDMENT*
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*State law references: Power to establish a pound and appoint a pound keeper, W.S. 1977, 15-1-103(a)(xiii).
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Sec. 6-46. Causes for impoundment.
Unlicensed animals, unrestrained animals or animals running at large shall be taken up and impounded by police officers or the animal control officer, and shall be done without making or requiring a complaint therefor, and such animal shall be placed in the city animal shelter and there confined in a humane manner.
(Ord. No. 1018, § 5, 9-27-76; Ord. No. 83-2, § 1, 1-4-83; Ord. No. 85-1, § 1, 1-15-85; Ord. No. 92-10, § 17, 5-19-92)
State law references: Power to impound animals running at large and provide for their sale or distribution, W.S. 1977, 15-1-103(a)(xiii).
Sec. 6-47. Return to owner without impounding.
Notwithstanding the provisions of section 6-46, if an animal is found at large and its owner can be identified and located, such animal need not be impounded but may, instead, be taken to the owner. In such case, the policeman or animal control officer shall proceed against the owner for violation of this chapter.
(Ord. No. 1018, § 7, 9-27-76; Ord. No. 83-2, § 1, 1-4-83; Ord. No. 85-1, § 1, 1-15-85; Ord. No. 92-10, § 18, 5-19-92)
Sec. 6-48. Notification of owner.
Upon impounding any animal pursuant to this division, the animal control officer shall make reasonable efforts to ascertain the ownership of each animal so impounded. If by a license, tag or other means the owner can be identified or ascertained, the animal control officer shall notify by telephone, or in person, or by written mail to the last known city address of such owner, that the animal has been impounded; such notice shall contain a general description of the animal and the date of impoundment.
(Ord. No. 1018, § 5, 9-27-76; Ord. No. 83-2, § 1, 1-4-83; Ord. No. 85-1, § 1, 1-15-85; Ord. No. 92-10, § 19, 5-19-92)
Sec. 6-49. Period of confinement.
Impounded animals shall be kept for at least five (5) days unless reclaimed by their owners.
(Ord. No. 1018, § 5, 9-27-76; Ord. No. 83-2, § 1, 1-4-83; Ord. No. 85-1, § 1, 1-15-85; Ord. No. 92-10, § 20, 5-19-92)
Sec. 6-50. Care during confinement.
All dogs, cats and other animals impounded under the provisions of this division shall be well housed, fed and watered.
(Ord. No. 1018, § 3, 9-27-76; Ord. No. 83-2, § 1, 1-4-83; Ord. No. 85-1, § 1, 1-15-85; Ord. No. 92-10, § 21, 5-19-92)
Sec. 6-51. Redemption by owner.
(a) Owners may reclaim or redeem an impounded animal from the animal shelter or animal control officer by paying a fee of five dollars ($5.00) for the apprehending and impounding of said animal, plus two dollars ($2.00) for each day the animal has been impounded. The owner may then be proceeded against for any violations of this chapter by the city.
(b) Owners of unlicensed animals, reclaimed or redeemed from the animal control shelter, shall be issued citations for failure to pay the requisite licensing fee and for failure to comply with all other provisions relating to vaccination and licensing of said animals.
(Ord. No. 1018, § 6, 9-27-76; Ord. No. 83-2, § 1, 1-4-83; Ord. No. 85-1, § 1, 1-15-85; Ord. No. 92-10, § 22, 5-19-92)
Sec. 6-52. Disposal of impounded or surrendered animals; fees.
(a) Any animal owner who desires to surrender ownership of his animal shall contact the city animal control officer and make arrangements to deliver such animal to the animal shelter. A fee shall be charged for surrendering and/or destroying unwanted animals at the request of the owner.
(b) Any animal surrendered to the animal control shelter by its owner, and upon which a release has been signed, may be adopted to suitable owners or destroyed immediately in the sound discretion of the animal control office.
(c) Any impounded animal remaining in the animal shelter for over five (5) days, without being claimed by the owner, shall become the property of the city, and shall then be available for adoption.
(d) An animal surrendered or impounded for the required five (5) days which has not been claimed by the owner nor adopted by new owners may be humanely destroyed.
(e) The cost of destroying abandoned or stray animals shall be charged to the identifiable owner of said animal. All fees shall be established by resolution at least annually by the governing body.
(f) Animals which are found to be sick or injured may for humane purposes and for the protection of the health and welfare of the other animals in the shelter be destroyed immediately at the direction of the animal control office.
(Ord. No. 1018, § 5, 9-27-76; Ord. No. 83-2, § 1, 1-4-83; Ord. No. 85-1, § 1, 1-15-85; Ord. No. 92-10, § 23, 5-19-92; Ord. No. 00-13, § 8, 11-21-00)
Sec. 6-53. Adoption of impounded and surrendered animals.
(a) Adoption of any animal shall be allowed by any person deemed to be a responsible and suitable owner, and who shall agree to comply with the provisions of this chapter and all amendments thereto; provided that no animal shall be released until the adoptive owner pays the adoption fee ranging from one dollar ($1.00) to twenty-five dollars ($25.00).
(b) A city license tag, good one year from date of adoption shall be issued free of charge to the adoptive owner upon the completion of the adoption arrangement. Adoptive pet owners shall be responsible for vaccinating their newly adopted pet within ten (10) days of adoption if the animal is over six (6) months of age, or within ten (10) days after which the animal reaches the age of six (6) months.
(Ord. No. 83-2, § 1, 1-4-83; Ord. No. 85-1, § 1, 1-15-85; Ord. No. 92-10, § 24, 5-19-92; Ord. No. 00-13, § 9, 11-21-00)
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