The following definitions shall apply to this chapter, unless
otherwise stated:
The charging of 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.
Any living dumb creature, domestic or wild, as defined in
this title as "dog," "domestic animal," "fowl," "horse," "livestock,"
or "predatory animal."
Any person designated by the state, county commissioners,
or the Town, who is qualified to perform duties under the laws, regulations
or ordinances of the state or Town pertaining to animals or animal
control.
A facility recognized and designated by the governing body
for the purpose of impounding or caring for animals held under the
authority of this chapter.
Physically off the property of its owner and not under immediate
restraint of a competent person; not controlled by a leash, lead,
rope, or reins; or not confined within a vehicle on a street or other
enclosure.
An animal must be confined to the property of the owner,
keeper or harborer of said animal, provided that the animal may be
taken off of that property when on a lead or 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,
pen, or similar enclosure or in the bed of a pick-up truck.
Any domesticated canine breed excluding wolf, coyote, fox,
other wild canine, or any hybrid thereof.
An animal habituated to live in or about the homes of human
beings.
Untamed; wild; undomesticated.
Chickens, ducks, geese, turkeys, grouse, or any other birds
used for producing eggs or meat.
Any pony, mule, donkey, ass, horse or any other solid-hoofed
herbivorous ungulate mammal.
A thong, cord, rope, chain or similar device which holds
an animal in restraint.
Horses, cattle, swine, sheep, goats, hogs, poultry, llamas,
alpacas, or other animal generally used for food or in the production
of food or fiber.
Any domestic animal that habitually, constantly or frequently
disturbs the sleep, peace or quiet of any neighborhood or person,
or a dog that excessively, continuously or untimely barks, whines
or howls.
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 passers-by,
chasing vehicles, attacking other domestic animals, trespassing upon
school grounds or private property, noxious or offensive odors emanating
from the animal's living quarters, or unsanitary living conditions
shall be deemed a nuisance.
Applies to any person or persons, firm, association, or corporation
who shall own, possess, keep or harbor a domestic animal, fowl and/or
livestock, including the person named on an animal registration record
as owner, or who shall permit a domestic animal, livestock or fowl
to be fed or remain habitually in or about the premises under their
control. 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 18 years.
For purposes of recovering stolen animals, a person named on the animal's
most recent registration record will be considered the animal's
owner.
A group of three or more animals of the same species.
Any animal that hunts, catches, or eats other animals as
prey.
The real property owned or occupied by the owner of the animal,
and includes any vehicles in which the owner of the animal is residing.
Next to its owner or another responsible person designated
by the owner and not greater than 10 feet distance in any direction
from its owner or another responsible person designated by the owner.
An animal shall be deemed to be under restraint if on the
premises of its owner; if accompanied by a responsible person and
under that person's control; or by confining an animal within
a fence or other enclosure which restricts it to a particular premises.
Any animal which constitutes a physical threat to human beings
or other animals; or an animal which, when unprovoked, bites or attacks
or manifests a disposition to bite or attack any person or domestic
animal. Proof of the fact that the animal has bitten or attacked any
person or domestic animal at any place where the person has a legal
right to be may be used as evidence that the animal is vicious. A
certified animal trained and properly used as a guard, sentry, or
police dog shall not be considered a vicious animal.
A.
Authority.
(1)
The purpose of this chapter is to establish regulations and procedures
for the registration, control, impoundment, and general care of animals
within the Town.
(2)
Authority is granted cities and towns by WSS Section 15-1-103(a)(xiv)
to regulate any animals within the Town and to provide for the operation
of animal control and animal shelter services.
B.
Animal Control Officer authority; responsibilities.
(1)
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 Mayor's designee.
(2)
The Animal Control Officer shall be charged with the enforcement
of this article and shall possess such authority and immunities as
may be necessary thereto, including, but not limited to, the impoundment
of animals, issuance of citations, and the service of summonses or
other process issued by the municipal court.
(3)
If an Animal Control Officer observes a vehicle parked within the
city[1] in which domestic animals are confined with no visible
means of ventilation or 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.
[1]
Editor's Note: So in original.
(4)
Animal Control Officers are authorized to enter upon any premises,
excluding a dwelling unit, within the Town for the purpose of apprehending
and impounding animals which the officer is authorized to impound
or for any other purpose authorized in this title.
C.
Violations and penalties.
(1)
No person shall obtain an animal from within the confines of the
animal shelter, from an animal control vehicle, or from the custody
and control of any Animal Control Officer without the permission of
the authority in charge. It is a violation of law for any person to
tamper with any lock, gate, door or fence on the animal control vehicle
or located at the animal shelter or for any person to climb or attempt
to climb any fence located at the animal shelter.
(2)
Any person who interferes with, hinders or resists an Animal Control
Officer in the performance of such officer's lawful duties is
guilty of a misdemeanor and, upon conviction, may be fined up to $750
or imprisoned for not more than six months, or both.
A.
Animal control officers are authorized to:
(1)
Place or authorize the use of humane and safe traps in order to capture
unrestrained animals on public or private property within the Town
at the request of the property owner or occupant;
(2)
Utilize chemicals to capture public nuisance, aggressive or vicious
animals;
(3)
Capture unrestrained animals whether at large singly or in packs;
(4)
Euthanize certain diseased or injured animals, or wild animals when
caught, including feral cats, provided that the Animal Control Officer
so acting is a state-certified animal euthanasia technician.
B.
Sheriff deputies may shoot a vicious animal when necessary to avoid
immediate physical threat or injury to human beings or other animals.
C.
No person shall trap animals, except rodents, within the Town without
the express consent of an Animal Control Officer. The disposal of
any trapped animal that is found to be in a trap not belonging to
the Town of Pinedale shall be the responsibility of the person setting
the trap.
A.
Unlicensed animals, unrestrained animals, animals running at large,
animals that pose a threat to public safety or welfare, or any animal
that has been treated in a cruel or inhumane manner may be taken up
and impounded by an Animal Control Officer.
(1)
The owner of any animal so impounded may reclaim such animal upon
payment of the permit or license fee, if unpaid, and of all costs
and charges incurred by the Town for impoundment and maintenance of
the animal. However, an Animal Control Officer may deny or refuse
return of an animal to its owner where there is concern for the health,
safety and welfare of the animal or the public.
(2)
An administrative appeal of the Animal Control Officer's decision
to deny or refuse return of an animal may be made to the municipal
court of the Town of Pinedale.
B.
Redemption; payment of costs. The owner or agent of an owner of any
animal impounded under these rules shall have the privilege of claiming
such animal within five days after it is impounded, upon complying
with the following requirements:
(1)
Show proof of licensure, and if no license, then obtain a license.
(2)
Show proof of vaccination against rabies, where applicable, and if
none, then obtain the proper vaccination within two weeks of release
and furnish such proof to the Animal Control Officer or other official.
(3)
Pay the appropriate fee to the Town of Pinedale as set by resolution.
(4)
Pay the Town of Pinedale the appropriate fee per animal for board
for each day or portion thereof. The first day of impoundment is included
in the impoundment fee per resolution.
(5)
Pay the actual cost of any veterinary services rendered.
(6)
The owner reclaiming an impounded animal may also be cited for any
violation of this chapter, and/or any permits issued may be revoked.
C.
Return to owner without impounding. If an animal is found running
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 Animal Control Officer may cite the owner for any
violations of this chapter.
D.
Notification of owner. Upon impounding any animal pursuant to this
section the Animal Control Officer shall make reasonable efforts to
ascertain the ownership and notify the owner of each animal so impounded.
E.
Disposition of animals.
(1)
Impounded animals shall be kept for at least five days unless reclaimed
by their owners. All animals left unclaimed after five days become
the property of the Town.
(2)
Any person who adopts an animal after the five-day waiting period
shall secure a license for any dog so adopted. A licensed veterinarian
shall vaccinate any dog or cat for rabies within 14 days of adoption
if not current on its rabies vaccination.
(3)
The provisions of this section shall not apply to dogs brought into
the Town for the purpose of participating in any dog show; nor to
dogs trained to assist handicapped persons for the purpose of aiding
them in going from place to place. Any other dog which is the property
of a nonresident of the Town may be issued a permit for the purposes
of identification, but no permit is required unless and until the
dog has been found in violation of any other provisions of this chapter.
No person shall have in his or her possession, care, custody
or control any impounded animal that has not been properly released
by an Animal Control Officer or other authorized agent or official.
The Animal Control Officer is authorized to advertise and place
for adoption all dogs, cats or other animals, which have been impounded
for a period of not less than five days. Any person wishing to adopt
an animal shall pay an adoption fee set by resolution of the Town
Council.
Any person who violates any provisions of this chapter for which violation no specific penalty is provided is guilty of a misdemeanor and upon conviction thereof shall be punished as provided in Chapter 1, Article IV, General Penalty of this Code. If any violation is continuing, each day's violation shall be deemed a separate violation.
