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§ 90.02 EFFECTIVE DATE.
   This chapter is effective immediately following the third reading and passage by the Town Council.
(Prior Code, § 12.01.020) (Ord. 2015-05, passed 7-8-2015)
§ 90.03 DEFINITIONS.
   For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   ADEQUATE SHELTER. Shelter appropriate to the breed, physical condition and climate. Minimum standards for ADEQUATE SHELTER include a waterproof roof, sufficient insulation to protect from inclement weather, space to make normal postural movements, freedom from excessive waste and a clean surrounding area that does not threaten the wellbeing of the animal.
   AGGRESSIVE MANNER. Charging a person to within potential biting or striking distance while snapping or snarling or growling or displaying teeth in a threatening manner or exhibiting any behavior demonstrating a potential attack.
   AT LARGE. Off the premises of the owner and not under control of a person of sufficient ability, to control the animal, either by leash, cord or chain.
   BREEDING SERVICES. The raising of dogs or cats for purpose of sale, barter, trade or any other commercial activity.
   CAT. A domesticated animal (male or female) of the feline family and is not limited to any particular breed.
   DOG. A domesticated animal (male or female) of the canine family and is not limited to any particular breed.
   DOG PARK. A fenced park designated by the town which is located in Fox Run Park for dogs to exercise and play off-leash in a controlled environment under the supervision of their owners/handlers.
   LEASH. A leash (also called a lead, lead line or tether) is a rope or similar material used to control an animal by attaching it to a collar, harness, or halter.
   OWNER. Any person keeping, feeding, harboring, housing, maintaining, transporting or otherwise having custody of or being in charge of a dog or cat.
   OWNER’S PROPERTY. Property within the town that is owned, rented, leased or otherwise legally occupied by the owner, his or her tenants, or his or her agents.
   SPECIAL MUNICIPAL OFFICER. (Town Code § 32.30) The Mayor, with the consent and approval of the Town Council, may appoint special municipal officers, who are not certified peace officers, acting under the terms of their appointment under W.S. § 15-1-103(xliv)(l) with authority to issue citations to individuals for the purpose of enforcing town ordinances.
(Prior Code, § 12.01.030) (Ord. 2015-05, passed 7-8-2015; Ord. 2018-03, passed 5-22-2018; Ord. 2023-02, passed 4-11-2023)
§ 90.04 DOG OR CAT LICENSING; REGISTRATION.
   (A)   Generally.
      (1)   Every person owning, harboring or keeping a dog or cat within the town shall register and license the dog or cat with the town.
      (2)   All dogs or cats over six months old shall be licensed within 30 days of taking residence in the town.
      (3)   Each dog or cat license shall expire on December 31 of the calendar year for which it was issued and each dog or cat shall be licensed annually, thereafter.
      (4)   The license and registration fee shall be in an amount as set forth in the town’s dog or cat licensing/registration fee and rate resolution.
      (5)   Registration fees will be waived for certified service dog or cat with proof of certification as prescribed by a physician or a certified trainer.
   (B)   Additional licensing regulations and vaccination requirements.
      (1)   No licensing fee will be prorated for a partial year, nor shall a refund be issued for any license fee already paid.
      (2)   License is not transferable. In the event the license is lost or destroyed during the calendar year for which it was issued, a duplicate will be issued at a fee that will be established by resolution of the Town Council.
      (3)   Owners shall provide the following information and documents to the town when initially licensing their dog or cat:
         (a)   The name, addresses, phone numbers and email addresses of the owners;
         (b)   The name, breed, color, sex, and neutered/spayed status of each dog or cat;
         (c)   A digital photo of each licensed dog or cat; and
         (d)   Written proof that each dog or cat has received a current rabies vaccination from a certified veterinarian.
      (4)   The owner’s signed confirmation of address and contact information, along with the animal’s current spayed/neutered and rabies vaccination receipt from a certified veterinarian shall be required for the annual license.
(Prior Code, § 12.01.040) (Ord. 2015-05, passed 7-8-2015)
§ 90.05 PROHIBITED ACTIVITIES; VIOLATIONS.
   (A)   Interference with an officer or investigation. No person shall hinder or otherwise interfere in any manner with any special municipal officer discharging and exercising his or her duty in enforcing this subchapter.
   (B)   Animal cruelty. 
      (1)   It is unlawful for any person to torture, deprive of necessary sustenance, cruelly beat, mutilate, kill needlessly, poison, abandon, permit combat between animals or to carry in a cruel and inhumane manner, any animal, or to cause any of these acts or omissions to be done. It shall be unlawful for any person owning an animal to fail to provide adequate amounts of food and drink which shall consist of access to food and drink of sufficient quantities and quality to maintain basic health.
      (2)   It shall be unlawful to fail to provide the animal with necessary “adequate shelter” and protection from extreme temperatures and precipitation. It shall be unlawful for any person to not provide medical attention and treatment to prevent suffering, or to cause any of the acts or omissions to be done. Ownership or the commission of such acts of cruelty on private property shall not be justifiable defense for violation of this subchapter as investigated by a special municipal officer or law enforcement officer.
      (3)   It is unlawful to leave a dog or cat unattended in a motor vehicle when the temperature is 70°F or above unless, in the opinion of the special municipal officer or law enforcement officer, adequate ventilation and water is provided.
      (4)   The driver of any vehicle involved in an accident resulting in the 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 a law enforcement officer.
      (5)   It is unlawful and specifically deemed to be animal cruelty, to abandon, leave behind when moving, drop off or dump any unwanted animal within the town.
   (C)   Dog or cat licensing required. No owner or custodian shall maintain any dog or cat over six months of age in the town without registering and licensing the dog or cat in the town annually. Written proof of current rabies vaccination from a licensed veterinarian must be provided at time of licensing. Current license tags issued to dogs or cats must be worn by the dog or cat when the dog or cat leaves the owner’s property.
   (D)   Dogs and cats are allowed. Limit of four total dogs or cats per residence. No individual, custodian or caretaker shall have or maintain more than a total combination of four dogs or cats more than six months of age on any property within the town.
   (E)   Running at large.
      (1)   Every owner, owner’s agents, caretakers or representatives shall, at all times, maintain their dogs or cats on the owner’s property. When not on the owner’s property, the dog or cat shall be under the control of a person of sufficient ability, to control the animal either by leash, cord or chain or in an enclosed vehicle, or in a town designated off-leash dog park.
   (F)   Removal of feces requirements. It shall be unlawful for an owner or any person having charge or control of any dog to permit such animal to defecate and to allow the feces to remain upon any public street, sidewalk, pathway, park, pedestrian way or any public facility, or on any private property not owned or possessed by the owner or person having the charge or control of such animal unless the person shall immediately and securely enclose all feces deposited by the animal in a bag, wrapper or other suitable container and to dispose of the feces in a sanitary manner.
   (G)   Disturbing or barking dogs. No dog owner or their agents shall permit the dog to disturb others by habitually, constantly and/or frequently barking, howling, or whining for extended periods of time. The testimony of the special municipal officer or law enforcement officer based upon personal observation is competent evidence upon the issue of whether an animal has disturbed the peace of any neighborhood or person.
   (H)   Vicious dogs. No owner, agent or custodian shall keep, harbor or maintain any dog which is, or has the propensity to unprovoked aggressive behavior by acting in an “aggressive manner” which endangers the lives or the real or personal property of others.
      (1)   Evidence that dog is vicious. Proof of the fact that the animal without provocation has bitten or attacked any person or any person’s animal at any place where a person or their animal is legally entitled to be is evidence that the animal is vicious within the meaning of this section.
      (2)   Home quarantine. Home quarantine may be allowed as determined by the town special municipal officer or Municipal Court Judge, if the alleged vicious animal’s owner or custodian presents proof that the dog is currently licensed in the town and further by presenting a valid and current vaccination record showing the animal has been vaccinated against rabies by a licensed veterinarian.
      (3)   Vicious dog may be destroyed. A licensed or unlicensed dog may be destroyed for acting in an aggressive manner having attacked any person or having seriously injured another person’s dog or cat only upon a guilty finding by the court of jurisdiction. The court, at its discretion, may order the animal to be evaluated for rehabilitation. In the event rehabilitation is not possible, any law enforcement official, including a town special municipal officer, may arrange for the immediate and humane destruction of any adjudicated animal.
   (I)   Chasing/harassing wildlife or other animals. No owner shall permit his or her dog to harass or chase any other animal, whether domesticated or wild. Nothing herein shall limit or prevent a peace officer or game warden from exercising their discretion to act pursuant to W.S. § 23-3-109.
   (J)   Keeping wildlife prohibited. No person shall keep, harbor or restrain by tether or enclosure of any nature, any wildlife as defined by W.S. § 23-1-101(xiii).
   (K)   Disposal of animal remains. No person shall delay in promptly disposing of the remains of any deceased dog, cat or other animal at a proper disposal location such as a designated landfill location, pet cemetery or on the owner’s property. The owner may only dispose of the remains on the owner’s property if it does not create an unsafe, unsanitary or malodorous condition.
   (L)   No individual, custodian or caretaker shall have or maintain farm animals such as cattle, horses, hogs, sheep, goats, chickens, ducks, turkeys, pigeons, rabbits on any property within the Town.
(Prior Code, § 12.01.050) (Ord. 2015-05, passed 7-8-2015; Ord. 2022-06, passed 7-20-2022) Penalty, see § 10.99
§ 90.06 TOWN DESIGNATED OFF-LEASH DOG PARK REGULATIONS.
   (A)   Dog owners/handlers are responsible for their dog’s behavior.
   (B)   The town is not liable for any injuries to dogs, their owners/handlers or to others within the dog park.
      (1)   Designated dog park off-leash exercise areas will be open during daylight hours.
      (2)   Dogs outside the dog park must be on a leash and under the control of the owner/handlers at all times. See § 90.05(E), Running at large.
      (3)   Owners/handlers must clean up after their dog. See § 90.05(F), Removal of feces requirement.
      (4)   Owners must be inside the dog park with their dog at all times. No dogs without people, no people without dogs.
      (5)   Dogs must wear a collar at all times and have current rabies vaccinations.
      (6)   Dogs showing aggression toward people or other dogs must be muzzled and/or leashed and escorted out of the dog park by its owner/handler immediately. See § 90.05(H), Vicious dogs.
      (7)   Dogs that bark excessively must be removed from the park. See § 90.05(G), Disturbing or barking dogs.
(Prior Code, § 12.01.055) (Ord. 2015-05, passed 7-8-2015; Ord. 2018-03, passed 5-22-2018)
§ 90.07 PUBLIC NUISANCE.
   In addition to any other penalties prescribed in this chapter, violations of this chapter may be considered a public nuisance for which civil relief may be sought by the town or any resident of the town.
(Prior Code, § 12.01.060) (Ord. 2015-05, passed 7-8-2015)
§ 90.08 PUNISHMENT OF VIOLATORS.
   Any person convicted before the Municipal Judge shall be punished by such fine or imprisonment as may be defined by ordinance. The Municipal Judge shall have the power to punish for contempt in the same manner and to the same extend as the District Court. The Municipal Judge of the town may designate specified offenses of this town in respect to which payment of fines may be accepted by paying the amount designated without appearance before the Municipal Judge, and shall specify by suitable schedules the amount of such fines provided such fines are within the limits declared by law or ordinance.
(Prior Code, § 12.01.070) (Ord. 2015-05, passed 7-8-2015)
§ 90.09 PROBATION.
   Probation may be imposed by the Municipal Judge for any municipal ordinance conviction or plea agreement pursuant to state law; provided, that the terms of probation are directly related to an element or circumstance for that conviction or charge, or for the terms or conditions for paying fines, costs, fees or restitution. A period of probation not to exceed one year may be ordered in all sentences or plea agreements consistent with this subchapter. In convictions which carry no possible jail sentence, all or a portion of the fine may be suspended when probation is ordered. In convictions for which a jail sentence is possible, then all such terms of probation as authorized by state law may be ordered.
(Prior Code, § 12.01.080) (Ord. 2015-05, passed 7-8-2015)
§ 90.10 MUNICIPAL COURT BOND SCHEDULE SHALL BE AUTHORIZED.
   Setting of and implementation of bond schedules are the exclusive domain of the court. State Courts are ordered to follow the Supreme Court’s bond schedule, and Municipal Courts are encouraged to follow the Supreme Court’s schedule as well. However, the decision of whether or not even to set bonds is a function limited to the court as part of Wyoming Supreme Court’s Canon 1 of the Code of Judicial Conduct, “A Judge Shall uphold the Integrity and Independence of the Judiciary.”
(Prior Code, § 12.01.090) (Ord. 2015-05, passed 7-8-2015)
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