Town of Pinedale, WY
Sublette County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Council of the Town of Pinedale 5-22-2017 by Ord. No. 612.[1] Amendments noted where applicable.]
GENERAL REFERENCES
General penalty — See Ch. 1, Art. IV.
Nuisances — See Ch. 299.
[1]
Editor's Note: This ordinance amended in its entirety Ch. 122, Animals, comprised of Art. I, Dogs, adopted 1983 by Ord. No. 113 (Ch. 6.04 of the 1983 Municipal Code), as amended; Art. II, Livestock, adopted 1986 by Ord. No. 195 (Ch. 6.08 of the 1983 Municipal Code); Art. III, Cats, adopted 3-12-2007 by Ord. No. 2007-405, as amended; and Art. IV, Supplemental Feeding of Certain Wildlife, adopted 10-24-2016 by Ord. No. 589.

§ 122-1 Definitions.

§ 122-2 Animal Control Officer; responsibilities; authority.

§ 122-3 Licensing of dogs required.

§ 122-4 License issuance; fee; tag.

§ 122-5 License register.

§ 122-5.1 Revocation of license(s).

§ 122-6 Appeal of license revocation.

§ 122-7 Pets general welfare; neglect.

§ 122-8 Harmful substance on ground.

§ 122-9 Poisoning.

§ 122-10 Vehicle confinement.

§ 122-11 Abandonment.

§ 122-12 Keeping animals for fights.

§ 122-13 Injury and overwork.

§ 122-14 Cages; fences; tethering; pickets.

§ 122-15 Trapping; manner, care while trapped.

§ 122-16 Trapping; disposal.

§ 122-17 Injury by vehicle; motorist responsibility.

§ 122-18 Caring for animals; sanitation; nuisance.

§ 122-19 Animals at large; exceptions.

§ 122-20 Noise.

§ 122-21 Interfering with pedestrians and vehicles; school grounds; damage to property.

§ 122-22 Breaking into animal control facility or animal control vehicles.

§ 122-23 Possession of impounded animals.

§ 122-24 Dangerous animal declaration.

§ 122-25 Notice of dangerous animal declaration; standing; impoundment.

§ 122-26 Appeal of dangerous declaration.

§ 122-27 Dangerous animal; unlawful acts.

§ 122-28 Dangerous animal; when ownership permitted.

§ 122-29 Permit revocation conditions.

§ 122-30 Vicious animal; declaration.

§ 122-31 Determination of vicious animal.

§ 122-32 Notice of vicious animal declaration; standing.

§ 122-33 Appeal of vicious declaration.

§ 122-34 Impoundment; animals running at large.

§ 122-35 Found animal reporting.

§ 122-36 Release of pet; basic conditions.

§ 122-37 Release of pet; rabies suspicion.

§ 122-38 Protective care by officer.

§ 122-39 Adoption.

§ 122-40 General quarantine for rabies control.

§ 122-41 Biting animal; report.

§ 122-42 Rabies suspect; impoundment; destruction.

§ 122-43 Owner to report suspicion of rabies.

§ 122-44 Bitten animals.

§ 122-45 Animal bite record.

§ 122-46 Livestock permit required; exceptions.

§ 122-47 Livestock permit application; issuance; fee; expiration.

§ 122-48 Livestock permit revocation.

§ 122-49 Unrestrained livestock prohibited; exceptions.

§ 122-50 Supplemental feeding of certain wildlife prohibited; exceptions.

§ 122-51 Penalties; generally.

§ 122-52 Schedule of fees and costs.

§ 122-1 Definitions.

As used in this chapter, unless the context otherwise indicates, the following terms shall have the meanings indicated:
ADEQUATE FEED
The provision at suitable intervals, but in no event less than once every 24 hours, of a quantity of wholesome foodstuff suitable for the animal's physical condition and age, sufficient to maintain an adequate level of nutrition in the animal.
ADEQUATE WATER
The access to a sufficient supply of clean, fresh, potable water provided at suitable intervals for the animal's physical needs and climatic conditions at all times.
ALTERED
An animal which has been spayed or neutered.
ANIMAL
Any living dogs, cats, horses, mammals, reptiles, birds and other wild, domestic or farm animals or livestock that may be found in the care, custody, control or ownership of human beings.
ANIMAL CONTROL FACILITY
Any establishment authorized by the Town for the confinement, maintenance, safekeeping and control of all animals that come into the custody of the Town.
ANIMAL CONTROL OFFICER
Any duly authorized person in the employ of the Town responsible for the enforcement of this chapter and regulations promulgated thereunder.
AT LARGE
Any animal not confined or contained on the owner, caretaker or responsible party's property or under the control of a leash.
BITE
A puncture or tear or scratch of the skin inflicted by teeth of an animal.
CERTIFICATE
Written evidence issued and signed by a licensed veterinarian.
CONFINED
A condition whereby an animal is restricted to the property of the owner, caretaker or responsible party by enclosed lot, tether, cord or chain of suitable length for the type of animal to stand and lie comfortably or within an enclosure designed to prevent intrusion or escape by any animal.
CONTROL
To be under control an animal must be confined to the property of the owner, keeper or harborer of said animal; provided that animals may be taken off the property of the owner, keeper or harborer when on a leash, no longer than 10 feet in length and under the control of a responsible person. Whether a person is responsible shall be determined by giving due consideration to the age of the person and the size and temperament of the animal. This provision shall not apply to animals confined in a vehicle, cage or similar enclosure or the bed of a pickup truck.
CRUELTY or TORTURE
Every act of omission or commission whereby unjustifiable physical pain, suffering or death is caused to any animal.
DOG
Both male and female.
FEES
Monies authorized by the Town Council, per resolution, to be collected by the Town of Pinedale related to animal care and control.
FERAL
Any animal having become wild from a state of cultivation or domestication.
HARBOR
Legal ownership of, the providing of regular care or shelter, protection, refuge, nourishment, or medical treatment including providing nourishment to a stray or feral cat or dog.
IMPOUND
The act of taking or receiving into custody by any animal control officer or sheriff's deputy or employees of the Town of Pinedale any animal for the purpose of confinement.
LIVESTOCK
Any horses, cattle, hogs, goats, sheep, mules, donkeys, rabbits, fowl, or poultry.
NUISANCE
The failure of an owner to exercise proper care and control of the owner's animals to prevent them from producing annoyance, discomfort or damage to persons or property. Without limiting the foregoing, excessive, continuous or untimely barking, molesting passersby, chasing vehicles, habitually attacking other domestic animals, trespassing upon school grounds, trespassing upon private property, noxious or offensive odors emanating from animal living quarters, or unsanitary living conditions shall be deemed a nuisance.
OWNER
Any person who is a license holder of an animal or any person keeping, harboring, having custody of or control of an animal, or permitting any animal to be in his residence or upon his property or premises. The term does not include a veterinarian, an operator of an animal establishment, an employee or agent of the Town while carrying out any provision of Chapter 122.
PERSON
Any individual, partnership, firm, joint stock company, corporation, association, trust, estate or other legal entity.
PREMISES
The real property owned or occupied by the owner of the animal(s).
PROVOKED
To torment, harass, or subject to pain.
SHELTER
Protection from the elements as herein provided.
SHERIFF'S DEPUTY
A deputy of the Sublette County Sheriff Department.
STRAY ANIMAL
Any animal of which ownership is unknown.
SUBSTANTIAL BODILY HARM
Bodily injury which creates a substantial risk of death or which causes serious, permanent disfigurement or protracted loss or impairment of the function of any bodily member or organ.
SUPPLEMENTAL FEED ATTRACTANT
Any human food, pet food, including pelleted forage feed, hay, salt, forage product or mineral supplements, grain, seed or birdseed, garbage, and other food sources and attractants, but does not include incidental food sources such as lawns and gardens.
UNRESTRAINED
Any livestock not secured within a fence, pen, building, or other appropriate enclosures.
VACCINE
A vaccination against rabies in accordance with Rabies Compendium published by the American Veterinarian Medical Association.

§ 122-2 Animal Control Officer; responsibilities; authority.

There is created within the Town the position of Animal Control Officer, who shall be an employee of the Town and under the supervision of the Mayor or the Mayor's designee.
A. 
Pursuant to W.S. 15-1-103, in order to enforce the provisions of this Chapter 122, all animal control officers have the authority to prepare, sign and serve citations.
B. 
It shall be unlawful for any person to willfully resist, delay, knowingly provide false information to, or obstruct any animal control officer discharging or attempting discharge any legal duty imposed by this chapter.
C. 
An animal control officer of sheriff's deputy shall have the right to enter upon any private or public property in the Town to take custody of an animal if:
(1) 
Probable cause exists that an animal is in imminent danger and that emergency aid or assistance is immediately necessary to protect the animal or the general health, safety and welfare of the public;
(2) 
The entry is not primarily motivated by the desire to collect evidence or other law enforcement objective; and
(3) 
The animal control officer or any sheriff's deputy once having made entry confines his activities to rendering emergency care or taking emergency measures for the animal, such as impoundment.
D. 
An animal control officer or any sheriff's deputy shall not have the right to enter a house or structure which is legally occupied without first securing a search warrant thereof.
E. 
An animal control officer shall have the authority, when deemed by him/her reasonably necessary, to utilize a tranquilizer gun or any other form of less than lethal device or substance in order to apprehend, capture, control, or subdue any animal either running at large or considered to be a threat.
F. 
No animal control officer may use any substance in euthanasia of animals unless (s)he is certified as competent to use those and is currently certified with the Wyoming Board of Veterinary Medicine to practice as a Euthanasia Technician.

§ 122-3 Licensing of dogs required.

The owner of any dog over the age of four months shall bring certificate of rabies vaccination into Town Hall to obtain for said dog a current license.

§ 122-4 License issuance; fee; tag.

A. 
Each dog license issued by the Town shall be valid for one year from the date of its issuance, and must be renewed annually. It shall be the responsibility of the owner to know the expiration date of the issued license.
B. 
There shall be given to each person paying such license fees a receipt stating the amount and date of payment and the date of expiration of such license, and containing a brief description of the animal. The owner shall be furnished a pet tag of durable material.
C. 
For no reason shall fees be refunded.

§ 122-5 License register.

The Town shall keep a register of all licenses issued showing:
A. 
The name, current address and telephone number of the owner;
B. 
Date of issuance;
C. 
Description of the dog;
D. 
The number of the tag; and
E. 
Expiration date of vaccination.

§ 122-5.1 Revocation of license(s).

A. 
Any license issued under this chapter may be revoked by the Town Clerk-Treasurer or animal control officer or other designee if the holder of the license, or person(s) responsible for the dog(s), violates any provision of this chapter or any other federal, state or local laws relating to animals.
B. 
Any person whose license is revoked shall, within five days thereafter, remove all dogs being owned, kept or harbored by such person from Town limits. If any person whose dog license is revoked fails to remove dogs from Town limits as required by this section, such dogs may be impounded by the animal control officer.

§ 122-6 Appeal of license revocation.

A. 
Upon the revocation of any license within this chapter, the license holder shall be notified by: 1) personal service; or 2) certified mail, return receipt requested, and first class United States Mail, sent to the last known address of the license holder. The revocation letter shall set forth the basis of revocation.
B. 
Date of service shall be the date of actual receipt of the notice if personally served. If the notice is mailed, service shall be deemed complete upon mailing.
C. 
The license holder may make written request to the animal control officer or Town designee for a hearing before the Town Council within 10 calendar days after the date of service of such notice to appeal the revocation. If the notice was served via mail only, five additional days must be added to the appeal period. The Town Clerk shall set the time and place for the hearing and notify the permit holder of the hearing at least seven business days before the date of the Council meeting.

§ 122-7 Pets general welfare; neglect.

A. 
It shall be unlawful for the owner of an animal to refuse or fail to provide the animal, by deliberate or unintentional means, adequate food, adequate water, or veterinary care for illness, disease or infirmity.
B. 
Animals shall have protection from the elements and weather conditions suitable for the age, species, and physical condition of the animal so as to maintain the animal in good state of health and include a shaded area. For the purpose of this section, the existence of a pet door access into a structure may not be deemed sufficient shelter if it prevents the animal from protection of the elements and weather conditions.

§ 122-8 Harmful substance on ground.

It shall be unlawful for any person to unjustifiably or knowingly throw, drop or place, cause to be thrown, dropped or placed upon any road, highway, street, alley, or public place, or upon the private property of the owner or another, any glass, nails, pieces of metal or other substance or device calculated or likely to wound, disable or injure an animal.

§ 122-9 Poisoning.

It shall be unlawful for any person unjustifiably to administer any poisonous drug or substance with intent that the same shall be taken by an animal, whether such animal is the property of himself/herself or another, whether said drug or substance is exposed upon such person's property, the private property of another, or any public place; provided that nothing herein shall be construed to prevent or restrict an animal control officer or sheriff's deputy in the exercise and performance of the powers and duties in this chapter.

§ 122-10 Vehicle confinement.

A. 
No person having charge or custody of an animal, as owner or otherwise, shall place or confine such animal or allow such animal to be placed or confined or to remain in a motor vehicle under such conditions or for such a period of time as may endanger the health or the well-being of such animal due to heat, cold, lack of food or water, or such other circumstances as may reasonably be expected to cause suffering, disability or death.
B. 
A sheriff's deputy or animal control officer who finds an animal in a motor vehicle in violation of this chapter may use any force that is reasonable and necessary under the circumstances to safely remove the animal from the motor vehicle.
C. 
The officer removing the animal shall impound the animal or take the animal to a veterinary clinic for safekeeping and shall, in the event the person having custody cannot otherwise be contacted, leave in a prominent place on/in the motor vehicle a written notice bearing their credentials, telephone number, and the address where the animal may be claimed.

§ 122-11 Abandonment.

A. 
It shall be unlawful for an owner to abandon an animal or the carcass of an animal on a public street or road, alley, or any other public place or upon the private property of the owner or the private property of another.
B. 
An animal shall be considered to be abandoned in the following circumstances:
(1) 
When the animal is not claimed within 72 hours after the scheduled pickup date having been boarded, groomed, trained, handled or cared for by any animal establishment or left unclaimed at the office of a veterinarian;
(2) 
When the animal is not claimed within 72 hours of being impounded.
C. 
After the appropriate notice has been provided to the owner, if known, and the owner has failed to reclaim, the animal shall be deemed abandoned and shall become property of the Town. An animal control officer may dispose of the animal in any reasonable, humane manner.

§ 122-12 Keeping animals for fights.

It is unlawful for any person to:
A. 
Own, keep, or use, or be in any manner connected with or financially interested in the management of, or to receive money or other things of value for the admission of any person to, a house, apartment, pit or place procured or permitted to be used or occupied for an animal fighting venture;
B. 
Instigate, promote, arrange, or carry on an animal fighting venture;
C. 
Breed or train any animal for the purpose of using the animal in an animal fighting venture; or
D. 
Perform an act as assistant, umpire, principal, spectator, or other in a fight between animals, or in aid of or calculated to encourage or further any animal fighting venture.

§ 122-13 Injury and overwork.

It is unlawful for any person to overdrive, overload, torture, beat, or unjustifiably injure, maim, mutilate, or kill any animal regardless of ownership. This section does not apply to actions of licensed pest and vermin control businesses.

§ 122-14 Cages; fences; tethering; pickets.

A. 
It is unlawful to confine an animal in any cage, coop or fence barrier of a size deemed insufficient by the animal control officer.
B. 
It shall be unlawful to restrict any animal by leash, cord or chain in the following manner:
(1) 
Keep any dog on a tether less than 10 feet long;
(2) 
Tethering the dog if such tethering fails to allow the dog to move at least 10 feet or if the device is a pulley system, fails to allow the dog to move a total of 10 feet;
(3) 
Keep any animal tethered for more than 14 hours during a twenty-four-hour period;
(4) 
Securing upon an animal a leash, collar, tether, or device weighing more than 10% of the animal's body weight.
C. 
It shall be a violation of this section for a person having charge to keep any animal outside, tethered, penned, caged, fenced or otherwise confined without access to adequate shelter.

§ 122-15 Trapping; manner, care while trapped.

A. 
It is unlawful for any person to unjustifiably trap any animal with anything other than a humane live trap which will inflict no physical injury upon the animal;
B. 
It is unlawful for any person to unjustifiably lure or entice, by means of food or otherwise, any animal into a trap other than a humane live trap; and
C. 
It is unlawful for any person having trapped an animal to leave it without food, water or shelter for an unreasonable period of time or in conditions that may endanger its health and safety.

§ 122-16 Trapping; disposal.

It is unlawful for any person who has trapped an animal, or discovers any animal so trapped, to dispose of it in any fashion not otherwise provided by law, but said person shall deliver it to the animal control officer.

§ 122-17 Injury by vehicle; motorist responsibility.

A. 
Every operator of any vehicle upon the street and ways of the Town shall immediately upon injuring, striking, maiming or running down any animal give such aid as (s)he is reasonably able to render. In the absence of the owner, (s)he shall immediately notify an animal control officer or a sheriff's deputy furnishing sufficient facts relative to such injury.
B. 
It is the duty of such operator to remain at or near the scene until the appropriate authorities arrive, and such operator shall immediately identify himself/herself to the appropriate authority.
C. 
Alternatively, in the absence of the owner, a person may give aid by taking the animal to a veterinary hospital or the animal shelter of the Town. Such animal shall be deemed an uncared for animal within the meaning of § 122-34.

§ 122-18 Caring for animals; sanitation; nuisance.

A. 
No owner of any animal shall cause or allow the animal to defecate on public property or upon any street, sidewalk, public way, play area or common grounds owned jointly by the members of a homeowners' association, or upon private property other than that of the owner, unless such owner or custodian immediately removes and disposes all feces deposited by such animal by the following methods:
(1) 
Collection of the feces by appropriate implement and placement in a paper or plastic bag or other container; and
(2) 
Removal of such bag or container to the property of the animal owner or public receptacle for depositing animal feces and disposition thereafter in a manner otherwise permitted by law.
B. 
No owner of an animal shall permit any waste matter from the animal to collect and remain on the property of the owner or custodian, or on the property of others so as to cause or create an unhealthy, unsanitary, dangerous or offensive living condition on the owner's property or to abutting or nearby property of others.
C. 
No owner of any animal shall cause unsanitary, dangerous or offensive conditions by virtue of the size or number of animals maintained at a single location.

§ 122-19 Animals at large; exceptions.

It shall be unlawful for any person having charge, custody or control of any animal to permit the same to be at large or trespass on the private premises of another, or to be on any public highway, street, alley, court, public ground, or unfenced lot. All animals must be confined to the owner's property or shall be on a leash, no longer than 10 feet in length and under the control of a responsible person when the animal is on any public property, any highway, street, alley, park, or public ground. Whether a person is responsible shall be determined by giving due consideration to the age of the person and the size and temperament of the animal. However, this provision shall not apply to animals confined in a vehicle when in accordance with § 122-10, cage or similar enclosure or the bed of a pickup truck.

§ 122-20 Noise.

It is unlawful for any person to own, keep, harbor or possess any animal which, by unreasonably loud, unnecessary, or frequent barking, yelping, howling, caterwauling, screeching, yowling, crowing, or other noise, causes unreasonable annoyance or disturbance to the neighborhood or to any person of ordinary sensitivity in the vicinity. In determining whether an animal's noise violates this section, factors to be considered include, but are not limited to, the time of day the sounds occur, the intensity and duration of the noise and whether the sound is recurrent, intermittent or constant, the circumstances which might cause the animal to make noise, and the proximity of the noise to others.

§ 122-21 Interfering with pedestrians and vehicles; school grounds; damage to property.

It is unlawful for the owner or any person having possession, custody or control of any animal to allow the animal to interfere with a pedestrian or vehicle traffic, trespass on school grounds or playground, or damage the property of another person.

§ 122-22 Breaking into animal control facility or animal control vehicles.

No person shall obtain an animal from within the confines of the animal control facility, from an animal control vehicle or from the custody and control of any animal control officer without the permission of the animal control officer. Any person who tampers with any lock, gate, door or fence on the animal control vehicle or vehicle used to transport animals or located at the animal control facility or any person who climbs or attempts to climb any fence located at the animal control facility shall be considered a trespasser.

§ 122-23 Possession of impounded animals.

No person shall have in his or her possession, care, custody or control any animal that has been impounded by the animal control officer, sheriff's deputy or other official and has not been properly released by the animal control officer, sheriff's deputy or authorized agent or official, following payment of all impoundment fees and costs.

§ 122-24 Dangerous animal declaration.

A. 
As used in this section, an animal may be declared "dangerous" if:
(1) 
Without provocation, on two separate occasions within 18 months, it behaves menacingly, to a degree that would lead a reasonable person to defend himself or herself against substantial bodily harm;
(2) 
The animal constitutes a physical threat to human beings or to other animals and without regard to previous behavior:
(a) 
It is used in the commission of a crime by its owner;
(b) 
It causes serious injury to another animal that is not at large;
(c) 
It is determined by the animal control officer or sheriff's deputy through his/her personal observation of the condition or behavior of the animal, that probable cause exists that the animal in question poses an immediate threat to public safety;
(d) 
It has bitten or otherwise injured a person without causing substantial bodily harm.
B. 
An animal may not be declared dangerous pursuant to this section for constituting a physical threat:
(1) 
To another animal or person who provoked the animal as a result of and to the extent of the provocation;
(2) 
To another animal or person who was unlawfully upon the premises owned or occupied by the owner of the animal constituting a threat;
(3) 
To another animal that was running at large;
(4) 
If the animal was used by a law enforcement agency in connection with the officer's duties; or
(5) 
Based solely upon breed.

§ 122-25 Notice of dangerous animal declaration; standing; impoundment.

A. 
The owner of an animal declared dangerous by an animal control officer shall be notified via personal service, or first class United States Mail, sent to the last known address of the owner. A certificate of mailing or a signed receipt of declaration by the owner shall be deemed sufficient proof of service of the dangerous declaration.
B. 
Only an owner of the animal at the time of the dangerous declaration by Animal Control has standing to file an appeal.
C. 
Upon declaring an animal dangerous, the animal control officer may seize and impound the animal if there is an immediate danger to the public. If the animal is seized and impounded, the owner may not regain possession of the animal until the owner complies with the conditions set forth in § 122-28. If animal is seized and impounded and the owner does not file a timely appeal pursuant to § 122-26 or fails to comply with the conditions set forth in § 122-28, the owner shall be deemed to have abandoned the animal pursuant to § 122-11, and the animal shall immediately become the property of the Town of Pinedale.

§ 122-26 Appeal of dangerous declaration.

A. 
Within seven days of service of the notice of the dangerous declaration, the owner may file an appeal with the Pinedale Municipal Court to appeal the dangerous declaration of the animal control officer.
B. 
The hearing date for the appeal shall be set by the Court within 10 days from the date the owner files an appeal with the Pinedale Municipal Court, unless otherwise continued at the discretion of the Court.
C. 
The Municipal Court shall determine whether the dangerous declaration is to be upheld. The Municipal Court may make any orders authorized by this chapter, based upon the evidence presented. The hearing for the appeal shall be conducted in the following manner:
(1) 
The appeal shall be de novo, and the Town has the burden to prove by a preponderance of the evidence that the dog is dangerous and the declaration was proper.
(2) 
The Court may admit all relevant evidence, including incident reports and the affidavits of witnesses.

§ 122-27 Dangerous animal; unlawful acts.

It shall be unlawful for:
A. 
Any owner to possess or transfer ownership of a dangerous animal, except as provided in this chapter;
B. 
The owner of a dangerous animal to permit the animal to be at large;
C. 
The owner to permit or direct an animal to bite or attack any person or domesticated animal; or
D. 
Any owner to permit the animal to be outside the required enclosure pursuant to § 122-28B unless the animal is under direct control and supervision of the owner and the animal is securely muzzled, restrained by a leash not exceeding six feet in length, or is otherwise contained in a manner that keeps the animal from injuring or harming any person or other animal.

§ 122-28 Dangerous animal; when ownership permitted.

Except as otherwise ordered by a judicial order pursuant to an appeal of a dangerous declaration, any animal which is declared dangerous by an animal control officer may be kept within Town provided that:
A. 
Within 14 calendar days after the owner is notified of the declaration, the owner:
(1) 
Submits a permit application to possess a dangerous animal within the Town to an animal control officer;
(2) 
Pays a nonrefundable application fee;
(3) 
Passes an inspection by an animal control officer based upon such terms and conditions that adequately protect the general health, safety, and welfare of the public and the welfare of the animal;
(4) 
Provides photographs every six months of the animal clearly displaying the animal's right and left sides as well as a front facing photograph;
(5) 
Completes the application process every six months until the animal is deceased; and
(6) 
Must maintain a license pursuant to § 122-3 of this chapter if the animal is a dog.
B. 
The animal shall be kept, confined or housed within an enclosure:
(1) 
That will ensure the animal's retention and comfort and is of a dimension deemed adequate by an animal control officer; and
(2) 
That is secure enough so that the animal cannot bite, harm or injure anyone.
C. 
At no time shall the animal be allowed to leave the private property confines of the owner or person in charge of the animal unless it is securely muzzled, leashed (no longer than six feet in length), under the effective control of the owner, or contained in such a manner that it cannot bite, harm or injure anyone or other animal.
D. 
The private property shall be adequately and properly posted with one or more conspicuous warning signs provided by an animal control officer. Additionally, it shall be the responsibility of the animal owner to list his/her name and current telephone number on or near the sign.
E. 
The owner of the dangerous animal may not sell, relocate or give away the animal, if within Town limits, without obtaining written approval from an animal control officer. If such a transaction is approved, the owner or transferee shall pay a nonrefundable inspection fee for the new location of the animal.

§ 122-29 Permit revocation conditions.

A. 
Any permit issued under § 122-28 may be revoked if the animal, without provocation, bites, attempts to bite, or in any other manner attempts to harm or injure any person or other animal.
B. 
Any permit issued under § 122-28 may be revoked if the owner violates any provision of Chapter 122 or any similar laws in another jurisdiction, within the State of Wyoming, County of Sublette.

§ 122-30 Vicious animal; declaration.

A. 
As used in this chapter, an animal may be declared "vicious" if:
(1) 
Without provocation, it inflicts substantial bodily harm upon a human being or causes the death of a human being;
(2) 
It causes the death of a domesticated animal off its property; or
(3) 
If the animal has been declared dangerous pursuant to § 122-25, with proper notice being given to the owner pursuant to § 122-25, the animal continues to exhibit the same or similar types of actions or behavior which resulted in the declaration, or is in violation of § 122-28.
B. 
An animal may not be declared vicious pursuant to the section for constituting a physical threat:
(1) 
To another domesticated animal or a person who provoked the dog as a result of and to the extent of the provocation;
(2) 
To another domesticated animal or person who was unlawfully upon premises owned or occupied by the owner of the animal constituting the threat;
(3) 
To another domesticated animal that is running at large;
(4) 
If the animal was used by a law enforcement agency in connection with the agency's officer's duties; or
(5) 
Based solely on breed.

§ 122-31 Determination of vicious animal.

If upon investigation it is determined by the animal control officer or sheriff's deputy that probable cause exists that the animal in question is vicious as defined in this chapter, the animal control officer or sheriff's deputy shall seize and impound the animal. The owner shall not maintain possession of the animal during the appeal process.

§ 122-32 Notice of vicious animal declaration; standing.

A. 
The owner of an animal declared vicious by an animal control officer shall be notified by personal service or by first class United States Mail, sent to the last known address of the owner. A certificate of mailing or a signed receipt of declaration by the owner shall be deemed sufficient proof of proper service of receipt of the vicious declaration.
B. 
Only an owner of the animal at the time the animal control officer has developed probable cause that the animal is vicious has standing to file an appeal.

§ 122-33 Appeal of vicious declaration.

A. 
Within seven days of service of the notice of the vicious animal declaration, the owner may file an appeal with the Pinedale Municipal Court to appeal the vicious animal declaration of the animal control officer.
B. 
The hearing date for the appeal shall be set by the Court within 10 days from the date the owner files an appeal with the Pinedale Municipal Court, unless otherwise continued at the discretion of the Court.
C. 
The Municipal Court shall determine whether the vicious declaration is to be upheld. The Municipal Court may make orders authorized by this chapter, based upon evidence presented. The hearing for the appeal shall be conducted in the following manner:
(1) 
The appeal shall be de novo and the Town has the burden to prove by a preponderance of the evidence that the animal is vicious and the declaration was proper.
(2) 
The Court may admit all relevant evidence, including incident reports and the affidavits of witnesses.
D. 
If vicious declaration is upheld, Municipal Court may order the animal to be euthanized.

§ 122-34 Impoundment; animals running at large.

A. 
Any animal running at large may be impounded and returned to the verified owner at the discretion of the impounding animal control officer or sheriff's deputy; or
B. 
The animal may be impounded to the shelter and held for not less than three business days unless immediate action is necessary to prevent undue pain and suffering, including immediate humane euthanasia of the animal per § 122-38. Within three business days, if the ownership of the animal is proven, such owner shall be able to obtain possession of such animal upon compliance with § 122-36.
C. 
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 a case, the sheriff's deputy or animal control officer may cite the owner or responsible person to appear in court to answer to any violations of this chapter.
D. 
If ownership of the animal is unknown and not easily ascertainable, or the animal is unclaimed after 72 hours, the Town may dispose of the animal by adoption, gift, sale or euthanasia.

§ 122-35 Found animal reporting.

Each person who shall take custody of any stray animal apparently running at large shall report the same to the Pinedale Animal Control immediately after taking custody thereof, furnishing a sufficient and accurate description of the animal to allow for the possible return of the animal owner, unless said finder surrenders it to the Pinedale animal control officer.

§ 122-36 Release of pet; basic conditions.

No animal impound shall be released to any person except under the following conditions:
A. 
If the animal owner resides in the Town of Pinedale and if applicable to the animal, the owner must present to an authorized employee of the Town a current Town of Pinedale dog license per § 122-3.
B. 
There has been paid to the Town of Pinedale all applicable fees.
C. 
Presentation of proof of a current rabies vaccination, if applicable.
D. 
Compliance with the requirement of the section pertaining to dangerous animals, where applicable.

§ 122-37 Release of pet; rabies suspicion.

If any animal impounded is suspected to have rabies by the animal control officer, the animal shall be held for examination by a veterinarian. In the event that a veterinarian confirms such animal is suspected to be afflicted with rabies, it shall be disposed of or confined in accordance with the current rabies compendium. In the event that a veterinarian confirms such animal is not suspected to be afflicted with rabies, it shall be released as provided herein. Release of pet pursuant to § 122-36, if applicable.

§ 122-38 Protective care by officer.

Whenever an animal control officer finds that any animal is, or will be, without necessary care, the animal control officer may take up such animal for protective care, and in the event of sickness or injury of the animal, where the owner or keeper is unknown, or unreachable, the animal control officer may take any action to prevent undue pain and suffering, including immediate humane euthanasia of the animal. If ownership of the animal is proven, such owner shall be able to obtain possession of such animal upon compliance with § 122-36.

§ 122-39 Adoption.

The animal control officer or other designated official is authorized to advertise and place for adoption all dogs or other animals which have been impounded for a period of not less than three calendar days, if they are not sooner claimed by the owner of such animal. Any person wishing to adopt a dog or other animal which has been impounded for not less than three days shall pay the animal control officer or other designated official adoption fees, and if residing within Town must obtain a dog license if animal adopted is a dog or livestock permit for livestock.

§ 122-40 General quarantine for rabies control.

The animal control officer may, by public notice and proclamation, quarantine any animal in any area of the Town where (s)he finds rabies or other disease to exist. During such quarantine period and until public notice of its termination has been given by the animal control officer, each animal in the area must be securely confined by its owner. All such designated animals found at large in that area during such period may be impounded, quarantined, or humanely euthanized pursuant to the order of the animal control officer, or veterinarian.

§ 122-41 Biting animal; report.

A. 
It shall be the duty of anyone with knowledge of a human being having been bitten by any animal susceptible to rabies to promptly report the same to an animal control officer within 48 hours of the occurrence. This shall include all hospitals or medical facilities that treat anyone who is the victim of an animal bite. The reporting person or agency shall obtain the victim's full name, address, phone number, and date of birth. They shall also attempt to obtain a complete description of the animal, the animal owner's name, address, and phone number.
B. 
Any owner of an animal that bites a person shall upon demand of an animal control officer or sheriff's deputy present or provide the biting animal or its whereabouts immediately.
C. 
It shall be unlawful for any person who is the victim or who has knowledge of a person who is a victim of an animal bite to refuse to disclose the animal owner, description or location.
D. 
Each day an owner is in violation of this section shall be deemed a separate violation subject to penalties set forth in Chapter 1, Article IV, General Penalty, of this Code.

§ 122-42 Rabies suspect; impoundment; destruction.

If any animal is believed to have rabies, has been bitten by animals suspected of having rabies, or has bitten any person, such animal shall be impounded in the Town shelter by an animal control officer, sheriff's deputy, or other person authorized by the Town of Pinedale.
A. 
If vaccination cannot be verified, the animal is to be kept in the shelter, segregated from other animals, or veterinary clinic, for a period of 14 calendar days. At the end of the fourteen-day impoundment, the animal shall be inspected by a licensed veterinarian, and if the animal shows no symptoms of rabies, the veterinarian may authorize release of the animal. If the animal shows symptoms of rabies, the veterinarian may determine whether the animal is to be humanely euthanized. If euthanasia of the animal is required, euthanasia shall be accomplished in such a manner as to preserve the head intact. Such head shall promptly and without delay be properly removed and packaged for shipment for laboratory analysis to the Wyoming State Veterinary Laboratory.
B. 
Following the fourteen-day impoundment, the owner of such animal so impounded may reclaim such animal on payment of all costs and charges incurred including veterinary fees, vaccinations, and any other costs or charges incurred. The animal may not leave the premises without becoming current on rabies vaccinations and if such animal is a dog, the owner must acquire a dog license pursuant to § 122-3 of this chapter.
C. 
If any animal so impounded is not claimed by the owner thereof at the expiration of the fourteen-day impoundment, such animal becomes property of the Town of Pinedale and such animal may be humanely euthanized.

§ 122-43 Owner to report suspicion of rabies.

Whenever an owner shall observe or learn that such animal shows symptoms of rabies, or acts in a manner which would lead to a reasonable suspicion that it may have rabies, (s)he shall immediately notify an animal control officer to make an inspection or examination of such animal until it shall be established to the satisfaction of a veterinarian that such animal has or does not have rabies.

§ 122-44 Bitten animals.

Whenever any animal is bitten by another animal suspected of having rabies, the owner of the animal so bitten or the owner of the biting animal shall immediately notify an animal control officer.

§ 122-45 Animal bite record.

It shall be the duty of the Town of Pinedale Animal Control to keep an accurate record of all reports of animal bites, including the place of occurrence, time of report, person making the report, disposition of the case, and such other information as may be required by the animal control officer. Each such case shall be investigated and the animal properly dealt with in accordance with the provisions of this chapter.

§ 122-46 Livestock permit required; exceptions.

It shall hereafter be unlawful for any owner to pasture, stable, house, or otherwise keep any livestock within the Town without first obtaining a permit as set forth in § 122-47. However, the provisions of this section shall not apply to any livestock which is properly secured upon property which is zoned for agricultural usage, nor shall it apply to the operations of any duly established veterinary clinic or hospital or animal boarding service which is operated in compliance with the provisions of Chapter 475, Zoning, of this Code.

§ 122-47 Livestock permit application; issuance; fee; expiration.

A. 
Application for a livestock permit shall be made on forms issued by the Town. A separate permit shall be required for each animal, except that one permit shall suffice for each flock of fowl or poultry or for each warren of rabbits. Applications shall include the following information:
(1) 
The name, address, and telephone number of the owner of each animal, and, if different, the name, address, and telephone number of the person or persons having care, custody, and control of the animal;
(2) 
A description of the animal the permit is required for;
(3) 
The number of fowl or poultry to be included in the flock;
(4) 
The location of where the animal is to be secured;
(5) 
A description of the fence, pen, building, or other enclosure where animal is to be secured;
B. 
Prior to being issued any livestock permit, the applicant shall pay a fee, which is set by resolution, for each permit requested.
C. 
As a condition to the issuance of any livestock permit, any animal control officer, sheriff's deputy or authorized representative of the Town shall have authority to inspect the permit location at any reasonable time.
D. 
Livestock permits granted pursuant to this section will expire one year after issuance.

§ 122-48 Livestock permit revocation.

A. 
Livestock permits issued may be revoked by an animal control officer if the holder of the permit, or the person(s) responsible for the animal(s), violates any provision of this chapter or any other federal, state or local laws relating to animals.
B. 
Upon revocation of a livestock permit pursuant to Subsection A of this section, all other permits issued to residents of that same household shall likewise be revoked, and no new permits may be issued to any resident of that household for one year. For purposes of this section, "household" means any nuclear or extended family residing in the same residential structure; any grouping of two or more people related by blood or marriage, and residing in the same residential structure; any two or more people residing in the same residential structure in a connubial relationship, whether or not the relationship has been sanctified by religious or civil marriage; and any single person residing alone. "Household" shall not, however, apply to two or more people not related by blood or marriage and residing in the same residential structure for economic purposes only.
C. 
Any person whose livestock permit is revoked shall, within 10 days thereafter, ensure all livestock is removed from Town. No livestock permits shall be issued for the same livestock at a different location in Town. If any person(s) whose livestock permit is revoked fails to remove such livestock, such livestock may be impounded by the animal control officer.

§ 122-49 Unrestrained livestock prohibited; exceptions.

It shall hereafter be unlawful for any owner to allow any livestock to be unrestrained upon any public or private property within the Town. However, this section shall not apply to any livestock which is properly secured upon any property which is zoned for agricultural usage, nor shall it apply to any properly attended livestock which is being driven through Town for purposes of being moved from one range or pasture to another.

§ 122-50 Supplemental feeding of certain wildlife prohibited; exceptions.

No person shall knowingly or intentionally provide supplemental feed attractants to the following wild animals, unless specifically authorized by an agency of either the State of Wyoming or the United States of America: antelope, deer, and moose. However, this section shall not apply to any person(s) engaged in any of the following activities:
A. 
A person(s) engaged in the normal feeding of livestock.
B. 
A person(s) engaged in the cultivation of a lawn or garden; and
C. 
Any health official, law enforcement officer or a state or federal game official acting within the scope of his/her official duties.

§ 122-51 Penalties; generally.

Unless another penalty is expressly provided herein or by law, every person convicted of a violation of any provision of this chapter shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished in accordance with the general penalty provision set forth in Chapter 1, Article IV, General Penalty, of this Code.

§ 122-52 Schedule of fees and costs.

All fees and costs called for herein shall be set by resolution by the Town Council.