Animal Control | Town Of Midwest Copy

Animal Control - Town Code

Animal Control - Town Code, Chapter 6

ORDINANCE NO. 2020-01

AN ORDINANCE AMENDING ORDINANCE 2013-04 PERTAINING TO ANIMALS

WHEREAS, it is necessary for the protection of the general welfare of the Town of Midwest to adopt ordinances pertaining to animals and their care and control by the owners and their agents.

WHEREAS, it is provided by law that the Town of Midwest is empowered to enact ordinances to protect the health, safety, and welfare of the residents of the Town of Midwest.

BE IT ORDAINED BY THE GOVERNING BODY OF THE TOWN OF MIDWEST THAT ORDINANCE 2013-04 IS HEREBY AMENDED AS FOLLOWS:

Article I. In General

Section 1. Running at large - Prohibited,

No dogs, cats, cattle, horses, hogs, sheep or goats, or chickens, ducks, geese, turkeys, guinea fowls or any other fowl or animal, as provided in this chapter, shall at any time be permitted to run at large within the municipality.

Section 2. Maintenance Prohibited.

No livestock of any kind, except dogs and cats, as provided by this chapter shall at any time be maintained within the corporate limits of Midwest except in such locations as may be specifically permitted, leased or allowed by the Town Council.

Section 3. Breaking open, etc. pound.

No person shall, directly or indirectly, break open or assist in breaking open, enter or otherwise tamper with any pen, restraining device or enclosure, with the intention of releasing any animal confined therein pursuant to the provisions of this chapter.

Section 4. Cruelty to animals.

(A) No person shall overdrive, overload, drive when overloaded, overwork or willfully and maliciously torture, torment, deprive of necessary sustenance, unnecessarily or cruelly beat, or willfully and maliciously and needlessly mutilate or kill, or otherwise mistreat in a cruel or inhumane manner any animal or cause or procure it to be done; or having the charge and custody of any animal, unnecessarily fail to provide it with proper food, drink or protection from the weather, or cruelly abandon it.

(B) Any animal secured or left unattended while restrained by any chain, cable, or other device shall at all times be maintained to provide a minimum length of at least ten (10) feet for the animal to move about and shall be secured to prevent entanglement with any object while allowing access by the animal to food, water and shelter at all times while restrained.

Section 5. Removal and disposal of dead animals.

It shall be the duty of the owner of any animal found dead within the municipality to remove such animal beyond the corporate limits of the municipality and to bury such animal provided that, if the municipality has designated a particular area for the burial of dead animals, the owner of any dead animal shall remove the dead animal to such designated area and bury the dead animal therein at the place designated by the administrative official in charge of such designated burial place.

Section 6. Penalties.

Any person violating any provisions of this ordinance, shall be deemed guilty of a misdemeanor and upon conviction there of shall be punished by a fine of not less than Twenty Five Dollars ($25.00) and not more than Seven Hundred Fifty Dollars ($750.00) for each offense plus all court costs.

Section 7. Enforcement.

The provisions of this ordinance may be enforced by any law enforcement officer or by those authorized by the Town Council. Any officer or other persons authorized by the Town Council to enforce the provisions of this ordinance, having probable cause to believe any violations of this ordinance may exist, or when in hot pursuit of any animal may enter onto private or public property and take possession of any animal.

Article II. Dogs and Cats

Section 1. Owner - defined.

For the purposes of this article the word "owner" shall mean any person, firm, association or corporation keeping or harboring a dog. An animal shall be deemed harbored if it is fed or sheltered for three consecutive days or more.

Section 2. Registration and Licensing- Duties of clerk of municipality.

It is hereby made the duty of the clerk of the municipality or animal control officer to annually make a complete enumeration and registration of all dogs and cats within the municipality and to serve notice on the owners or keepers of dogs to register them, as provided in this article. He shall collect the fees and issue receipts for all registrations provided in this article, and it shall be his duty to make remittance monthly of all amounts so collected to the treasurer of the municipality.

Section 3. Required: fees: expiration.

(A) It shall be unlawful for any person to keep or harbor any dog or cat over the age of 6 (six) months of age in the municipality unless he shall cause the same to registered and licensed by the clerk of the municipality or his delegate, a registration fee as set by the governing body from time to time which fee schedule shall be kept on file in the office of the clerk of the municipality.

(B) All registrations of dogs and cats, as provided in this article, shall expire on the 31st day of December each year. An owner who keeps or harbors any dog or cat in the municipality must renew an expired registration on or before January 31st of the year immediately following expiration of the license.

Section 4. Rabies vaccination certificate prerequisite to issuance of license.

No license shall be issued under this article unless the applicant therefore shall have obtained and exhibited to the clerk of the municipality or his delegate, a certificate or tag issued by a licensed veterinarian showing that the dog or cat sought to be licensed has been vaccinated for rabies and is current on such vaccinations as determined by accepted veterinary practices.

Section 5. Registration receipt and book issuance and wearing of tag.

Upon collection of each registration fee, the clerk of the municipality or his delegate shall issue a receipt therefore and register the animal for which such fee is paid in a book kept for that purpose. The book shall describe each animal by tag, number, age, kind of animal and name of the owner or keeper and the clerk shall give to the owner or keeper a license tag bearing the number under which such dog or cat is registered. The owner is required to display such registration tag and valid rabies tag which shall be secured the owner around the neck of the dog or cat registered. The owner may display any additional tags including identification tags and microchip identification tags at the discretion of the owner provided that such town issued registration and valid rabies tags are attached. It shall be unlawful for any person to put upon any animal any tag that is registered to another animal. The transfer of a tag from one animal to another, including a deceased animal shall be unlawful. It is the owner’s responsibility to inform the Town Clerk when the animal is deceased so the animal can be removed from the Town’s records.

Section 6. Redemption by Owner.

The owner or agent of any dog or cat picked up and retained by the municipality or any holding agency shall have the privilege of claiming such animal within three days after it is retained, upon payment of such fees and city expenses as the governing body has determined to be just and suitable fee for the care of such animals in addition to securing a registration for such animal for the current year, in accordance with the provisions of this article.

Section 7. Redemption by persons other than owner: disposition of unclaimed animals.

Any dog or cat retained by the municipality not claimed by the owner within five days, may be redeemed by any other person who secures a license for such dog or cat as provided in this article and pays the fees accrued pursuant to the provisions of this Ordinance.
Dogs or cats not redeemed by anyone in the allotted time shall be disposed of in the most humane manner available at the time of such disposal. Nothing stated in this ordinance (1 to 17) shall be construed as requiring the municipality to maintain a dog pound or animal control officer.

Section 8. Vicious Animals.

No person shall own, keep or harbor and allow to be upon any premises occupied by him or under his charge or control any vicious animal or any animal that manifests a disposition to bite anyone, without having such animal properly secured to prevent the animal from inflicting damage upon any person or property. When off the premises of the owner, such animal shall be securely caged or muzzled, and restrained by a secure collar and leash not to exceed three feet in length to prevent escape and shall be under the direct control of the owner.

Section 9. Female dogs in heat running at large.

It shall be unlawful for any owner or keeper of any female dog to permit or suffer such dog or cat to run at large within the municipality while she is in heat. Every such dog found running at large within the municipality shall be subject to impoundment and disposition as provided in this article for unlicensed dogs running at large.

Section 10. Dogs and cats as a Public Nuisance.

Any dog or cat found within the municipality without a current animal tag or rabies vaccination as required by this ordinance or any dog found running at large or molesting, injuring or killing any livestock or wild game animal contrary to the provisions of this ordinance shall be declared a public nuisance and the owner of any such dog shall be deemed guilty of a misdemeanor and subject to the punishment as provided in this ordinance.

Section 11. Unlawful to keep noisy dogs.

No person owning, keeping, harboring, or possessing any dog in the town shall allow his dog by barking, howling, or yelping to disturb the quiet of any neighborhood or person in said Town.

Section 12. Nuisance Declared; Disposition.

All animals declared a public nuisance by the administrative authority or in violation of any of the provisions of this chapter are hereby declared a public nuisance and unless such nuisance is immediately abated by the owner it is hereby made the duty of the authorized officer to cause such animal to be impounded. If in any court proceeding it shall appear that any notoriously vicious or cross animal, or any animal having or manifesting a disposition to bite people or annoy other animals, and not properly confined, or chained and muzzled, or one which is notorious for disturbing the peace, the Court may, in addition to any punishment provided for a violation of this chapter, order the authorized officer of said town to humanly dispose of such animal, or to arrange such disposition with a certified veterinarian, and for that purpose any such officer charged with such duty shall keep the right to enter upon any premises within said Town to secure and take such animal.

Section 13. Required if Dogs without valid licenses or dogs running at large, Enforcement Officers.

Any dog or cat found within the Town without a current and valid license or tag as required in this Chapter, or which molests passerby or passing vehicles, chases vehicles or bicycles, attacks other animals, trespasses on school grounds or private property, is at large, damages private or public property, barks, whines, howls in an excessive, continuous, or untimely fashion are hereby declared to be a public nuisance, and is hereby made the duty of the police officer or the animal control officer to pick up and confine any such dog or cat.

Section 14. Vaccination and Rabies Control-Animal Bites.

A. The owner of a dog or cat shall have the dog or cat vaccinated against rabies within thirty (30) days after the dog or cat reaches six (6) months of age. If the owner acquires the dog or cat after the dog or cat reaches six (6) months of age, the owner shall have the dog or cat vaccinated against rabies within thirty (30) days after acquisition, unless the dog or cat has been vaccinated from this state or another state. The owner of a dog or cat shall have the dog or cat re-vaccinated against rabies by a veterinarian before the date the immunization expires, as stated on the certificate of vaccination, or if no date is specified, within one year after the previous vaccination.

B. The owner shall pay the cost of the rabies vaccination.

C. A law enforcement officer, an animal control officer, or a county health officer, or his designee, may order a dog or cat quarantined if the officer has reason to believe the animal bit a person, is infected with rabies, or has been in contact with a rabid animal. Officers may designate home quarantine if in the officer's opinion the following requirements are met:

1. The animal has a current rabies vaccination.
2. The premises have been inspected by the Animal Control Officer, who has found that the owner has adequate facilities for home quarantine.
3. The owner agrees to confine the animal in a pen or cage which isolates the animal from contact with other animals or people.
4. If the animal shows any symptoms of sickness, abnormal behavior, or if the animal escapes, the Town of Midwest (437-6513 or 911 after regular business hours) will be notified immediately.
5. In the event the animal dies during the observation period, the carcass thereof shall immediately be turned over to a licensed veterinarian for necessary rabies examinations.
6. The animal must be examined by a licensed veterinarian within twenty-four (24) hours of the bite and at the end of the 10-day quarantine and the results furnished to the Animal Control Officer.
7. The owner must sign an agreement provided by the Animal Control Officer agreeing to the above items.

D. If a quarantine cannot be imposed because a dog or cat cannot be captured, the officer may kill the animal. The officer shall attempt to kill the animal in a humane manner, and in a manner which avoids damage to the animal's head. After the animal is dead, the body will be delivered to a licensed veterinarian for necessary rabies examination.

E. If home quarantine has not been designated, the officer who orders a dog or cat to be quarantined, shall deliver the animal, or shall order the animal, delivered to an isolation facility as soon as possible, but no longer than twenty four (24) hours after the original order is issued.

F. The custodian of an isolation facility shall keep the quarantined dog or cat in strict isolation under the supervision of a veterinarian. If the observation is not extended and if the veterinarian certifies that the dog or cat has not exhibited any symptoms of rabies, the animal may be released from quarantine at the end of a ten (10) day observation period.

G. If the veterinarian determines that a dog or cat exhibits symptoms of rabies during the original or extended observation period. the veterinarian shall notify the county health department, and the officer who ordered the animal quarantined and the officer or veterinarian, shall humanely kill the animal. If the dog or cat has bitten a person, the county health department shall notify the persons physician.

H. The owner of an animal is responsible for any expenses incurred in connection with keeping the animal in an isolation facility, supervision and examination of the animal by a veterinarian, preparation of the carcass for laboratory examination, and the fee for the laboratory examination. If the owner is unknown, the animal control program is responsible for these expenses.

I. Any person having knowledge that an animal has bitten a human shall immediately report that incident to the animal control officer or the county health officer, together with the name and address of the persons bitten, if known.

J. It shall be unlawful for an owner to refuse to comply with an order under this Section to deliver an animal to an officer, isolation facility or veterinarian, or to comply with the conditions of an order that an animal be quarantined. If the owner is convicted of violating this provision, he or she shall be guilty of a misdemeanor and shall be subject to a fine of not less than One Hundred Dollars ($100.00), nor more than Seven Hundred Fifty Dollars ($750.00).

Article III. Allowable Number of Pets

Section 1. Number per household.

It shall be a violation of this ordinance to have, in each individual household more than three adult pets, either male or female, either cat or dog, over the age of six (6) months old. Puppies or kittens may be kept until they reach the age of six (6) months. the Community Service Officer will issue a separate fine for each individual dog or cat over the three pet limit.

Section 2. Grandfather Clause.

Current residents who, as of September 24, 1997, have Pets over the three (3) pet limit, will be given a sixty (60) day period to obtain necessary shots from a licensed veterinarian and purchase Animal Licenses from the Town Clerk. The yearly re-licensing will only apply to the pet originally licensed under this ordinance. If the pet dies during the year, the license can not be passed to another pet. A record of each pet carried under this grandfather clause will be kept in the Clerk's Office. After the sixty (60) day period has passed, any resident with more than three (3) pets, will be in violation and subject to a fine. Any resident that moves, and any new resident of the Town, after September 24, 1997, will not be allowed to license more than three (3) pets.

Article IV. Wild Animals

Section 1. Definitions.

“Wild animals” are defined as those animals listed below, but not limited to, said list: Antelope, anteater, ape, orangutan, bear, badger, beaver, bobcat, deer, elephant, elk, ferret, fox, giraffe, gopher, jaguar, lynx, lion, mink, monkey, moose, mountain lion, wolves, coyote, mountain goat, opossum, puma, raccoon, rat, skunk, reptiles, tiger, weasel, wild fowl including turkeys, or any other un-domesticated animal.

Section 2. Feeding of Deer and Wild Animals.

A. Feeding deer, turkeys and other wild animals prohibited: It shall be unlawful for any person to place, distribute or allow any device or any fruit, grain, mineral, plant, salt, vegetables, seed or birdseed or other materials (food) outdoors on any public or private property which intentionally or unintentionally feeds or attracts deer or other wild animals.

B. Removal of Food: It shall be the duty of each property owner or occupant to remove any and all food, as defined in section 2 A, placed on the property in violation of this section. Failure to remove such food within twenty four (24) hours after written notice from the town, or otherwise continuing to feed deer, turkeys or other wild animals after receiving notice from the town shall constitute a violation of this section.

C. Removal - Modification of Feeding Device: It shall be the duty of each property owner or occupant to remove any device placed on the property from which deer actually feed. Alternatively, the property owner or occupant may modify such device to prevent deer and other wild animals from having access to, or feeding from the device, or make such other changes to the property that prevent deer, turkeys and other wild animals from having any access to the device. The failure to remove such a device or to make such modifications within twenty four (24) hours after notice from the town shall constitute a separate violation of this section.

D. Presumption: There shall be a rebuttable presumption that either of the following acts are for the purpose of feeding deer, turkeys or other wild animals:

1. The placement of fruit, grain, mineral, plant, salt, vegetable or other materials in an aggregate quantity of less than two (2) quarts at a height of less than six feet (6') off the ground;

2. The placement of fruit, grain, mineral, plant, salt, vegetable or other materials in an aggregate quantity of two (2) quarts or more in a drop feeder, automatic feeder, or a similar device regardless of the height of the fruit, grain, mineral, plant, salt, vegetable or other material.

E. Exceptions: This article shall not apply to the following:

1. Planted material growing in gardens or standing crops;

2. Naturally growing materials, including but not limited to fruit and vegetables;

3. Stored crops provided the stored crop is not intentionally made available to deer or other wild animals;

4. Feeding of deer or other wild animals as authorized by the town council or the Wyoming Game and Fish Department for specified public purpose;

5. The cultivation of a lawn or garden; or

6. The feeding of nongame birds where the bird food is made unavailable to deer and other wild animals. The feeding of nongame birds shall be allowed with the use of suspended or hanging feeders not to exceed 12" X 12" and shall be a minimum of five feet from the ground. Bird feeders shall be suspended on a cable or otherwise secured so as to prevent the bird feeders from being easily accessible to other wild animals. The area below the feeders must be kept clean and free of seed.

7. Offenses: It is unlawful for persons to keep, house, provide feed, supplemental or otherwise maintain any wild animal within the town limits as provided by this article.

1. First offense - Written warning.
2. Second offense - Two hundred fifty dollar ($250.00) fine.
3. Third offense – Five hundred dollar ($500.00) fine.

Article IV V. Miscellaneous Provisions

Section 1. Penalty.

Any person in violation of any provision of this ordinance shall be guilty of a misdemeanor and upon conviction thereof may be fined any amount not to exceed seven hundred fifty dollars ($750.00) plus court costs for each violation. Each day a violation shall continue shall constitute a separate offense.

Section 2. Severability.

If any section, sub-section, sentence, clause, phrase or portion of this Ordinance is for any reason held invalid or unconstitutional by any Court or competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions hereof.

Section 3. Ordinances Repealed.

All Ordinances and parts of Ordinances in conflict with provisions of this Ordinance, are hereby amended or repealed.

PASSED on 1st reading the 22 day of January, 2020.

PASSED on 2nd reading the 12 day of February, 2020.

PASSED on 3rd reading the 11 day of March, 2020