[HISTORY: Adopted by the City Council of the City of Evanston
by Ord. No. 91-22; amended in its entirety 8-21-2012 by Ord. No. 12-02. Subsequent amendments
noted where applicable.]
The purpose of this chapter of the City Code is to control the
animal population within the City of Evanston as well as promote the
public health, safety and general welfare for the citizens of Evanston,
Wyoming, and to ensure the humane treatment of animals by regulating
the care and control of animals within the City. City law also protects
citizens from rabies transmitted by unconfined, uncontrolled or unimmunized
animals and regulates animals that may be a nuisance. These ordinances
will assist in the promotion of responsible pet ownership and animal
welfare.
For the purposes of this chapter, the following words and phrases
shall have the meanings respectively ascribed to them by this section:
The act of relinquishing the care, custody and control of
an animal without provision for adequate food, water or proper shelter.
An animal that remains at the animal control shelter for more than
72 hours shall be deemed abandoned.
Spayed or neutered.
Any animal except human beings.
Any facility operated by the City for the purpose of impounding
or caring for animals held under the authority of this chapter or
state law.
Every animal shall be considered running "at large" when
it is physically off the property of the owner and not under immediate
control by a competent person.
A domesticated or feral feline.
The City of Evanston, Wyoming.
Any person employed by the support division and charged with
the enforcement of the City animal ordinances.
A person that is capable of controlling an animal belonging
to or in his/her charge by use of voice command or leash.
Within an enclosure to prevent intrusion or escape by any
animal.
A domesticated or feral canine.
Any animal raised in captivity and trained to live with human
beings.
A fence or structure forming an area with secure sides, bottom,
and top to prevent intrusion or escape of an animal.
The termination of an animal's life by means approved
by the Humane Society of the United States.
A bird of any kind.
An animal shall be harbored if it is fed or sheltered for
three consecutive days or more.
To be confined in the City animal control shelter or City-approved
location.
Any person employed by the City Police Department for the
purpose of enforcing any law or ordinance within the City or state.
Any person having personal property rights or similar rights
of control to any animal.
Includes the legal owner or any person, partnership, corporation,
or their agents, having care, custody, control, keeping, or harboring
one or more animals.
Coyote, jackrabbit, porcupine, raccoon, red fox, skunk, stray
cat, wolf or weasel.
Natural or artificial shelter appropriate to the local climatic
conditions for the species concerned, as necessary for the health
of the animal.
A certificate issued by a licensed veterinarian verifying
that an animal is vaccinated against rabies, and which includes the
date of immunization, the date that the immunization expires and the
type of vaccine used.
Any domestic feline that is off the property of the owner
that does not have on a collar and tags as required by ordinances,
or any domestic feline that is by appearance unkept or wild shall
be deemed a stray cat and therefore a predator.
The division of the City Police Department charged with the
duty of enforcing the animal control laws of the City.
To hunt, pursue, catch, capture, shoot, kill or euthanize.
Any person who shall harbor any animal or permit the same to
habitually remain or be fed or sheltered in, upon or about his/her
premises shall be considered and held to be the owner of such animal
and responsible therefor under the terms of this chapter.
A.
Any
person owning or desiring to keep a dog or cat within the City may
be permitted to do so by exhibiting to the City a current rabies certificate
showing the dog or cat to be owned or kept has been vaccinated against
rabies and pay a license fee each year. It shall be the duty of the
owner to provide such dog or cat a suitable collar to attach the license
tag that will be issued by the City or other assigned person. All
dogs or cats registered but not collared and tagged as aforesaid found
running at large will be impounded and the owner subject to the same
penalty as the owner of unregistered dogs or cats.
B.
Any
person convicted of a failure to vaccinate or license a dog or cat
shall be fined not less than $50.
If a valid dog or cat license tag has been lost, the City Clerk
or person appointed by the City is authorized to issue a duplicate
thereof to the legal owner at no additional cost or expense to such
owner, such license tag to be valid for the unexpired term of the
original license.
It shall be unlawful for any person to place a license tag on any dog or cat which has not been licensed in accordance with § 5-4, and it shall be unlawful to deprive a licensed dog or cat of its collar.
It is unlawful for any person, other than the legal owner, community
service officer, or peace officer in the performance of his/her duty,
to deprive a dog or cat of its collar, license or tag.
All licenses for dogs or cats as required by this chapter shall
be due on January 1 of each year, and such licenses shall expire on
December 31 of each year; provided, however, that such license fee
shall not be delinquent until the following March 1, if the owner
thereof had a license for the animal to be licensed during the preceding
year, or part thereof, as provided by this chapter.
When a dog or cat has been vaccinated for rabies as required
by this chapter, the veterinarian shall make a record thereof and
retain the same in his office and, upon demand of the owner, shall
issue a certificate of the time, place and type of vaccination, including
the type of vaccine used.
No animal or fowl shall at any time be permitted by the owner
to run at large within the City. Any violation of this section shall
be fined no less than $25 for the first offense, no less than $50
for a second offense and must appear in City court for a third and
subsequent offense.
It shall be unlawful for any animal owner to encourage, permit,
allow, or fail to prevent his or her animal from:
A.
Urinating
on property public or private not under the control of the animal
owner.
B.
Defecating
on property public or private not under the control of the animal
owner without removing said excrement promptly. Any person found in
violation of this section shall be fined no less than $50 for each
offense.
A.
It is the responsibility of owners and property occupants to keep
their property free of animal feces so as not to create a situation
where offensive odors are emanating from the property. The failure
to meet this responsibility shall be unlawful.
B.
It shall be unlawful for any person to spread, scatter, distribute
or deposit in any manner any animal feces on any property not owned
or occupied by him or her without the express permission of the owner
or occupant of the property.
It shall be unlawful for any person to own, keep or harbor within
the limits of the City any animal or fowl that disturbs the quiet
of any neighborhood or person by making continuous, excessive or untimely
noise. Any person in violation of this section shall be fined not
less than $50 for the first offense, not less than $100 for a second
offense and, upon a third offense, the animal or fowl may be removed
from such person.
A.
It shall be unlawful for the owner of any animal to encourage, permit,
allow or fail to prevent his or her animal from:
(1)
Chasing, stalking, threatening, or otherwise molesting people when
the person is in a place they have legal right to be.
(2)
Damaging or destroying in any manner any public or private property
not owned or occupied by such owner of said animal.
(3)
Attacking or chasing other animals.
(4)
Chasing passing vehicles (including bicycles).
B.
Any person in violation of this section shall be required to appear
in City court. In addition the animal in question will be adjudicated
as a "nuisance animal" and must be restrained as follows:
(1)
When the animal is physically off the property of the owner, the
animal will be on a leash and attended to by a person of sufficient
size and ability to control the animal.
(2)
When the animal is on the property of the owner, it must be tethered
in such a way as to prevent the animal from escaping or in a suitable
kennel to prevent escape of the animal.
It shall be unlawful for any animal having been adjudicated as a "nuisance animal" as provided for in § 5-14 of this chapter to be found off leash and off the property of the owner. Any person in violation of this section shall be required to appear in City court and the animal may be removed from such owner.
A.
DANGEROUS ANIMAL
ENCLOSURE
Definitions.
As used in this section, the following terms shall have the following
meanings, unless context clearly indicates that a different meaning
is intended:
Any animal that constitutes a physical threat to human beings
or other animals, or has a disposition or propensity to attack or
bite any person or other animal without provocation, or which is wild
by nature and of a species which, due to size, vicious nature or other
characteristics, constitutes a danger to human life, physical well-being
or property; or any animal which has been known to bite or attack
a human being or other domestic animals, without provocation, one
or more times. No dog may be declared dangerous if the threat, injury
or damage was sustained by a person who, at the time, was committing
or attempting to commit a crime or was the result of the actions of
a certified police dog acting within the scope of its duties.
A fence or structure of at least six feet in height, forming
a confined area sufficient to prevent the entrance of young children,
and effective in containing the dog or other animal. Such enclosure
shall be securely enclosed and locked and equipped with secure sides,
top and bottom, and shall be designed to prevent the dog or other
animal from escaping.
B.
Unlawful
act. It shall be unlawful to keep or harbor any dangerous animal unless
securely confined indoors or in a secure enclosure within the City
limits.
C.
Enforcement of restrictions on dangerous animals. In the event that
a community service officer or law enforcement officer of the City
has probable cause to believe that a dangerous animal is being harbored
in violation of this section, he may:
(1)
Order the violation immediately corrected and cite the owner or keeper
to appear in City court for the violation; or
(2)
If the violation cannot be immediately corrected and the animal is
posing an imminent threat to human beings or other domestic animals,
the animal may be seized and impounded, in which case the owner or
keeper will be cited to appear in City court for the violation. At
the owner's request and expense such impoundment may be at a
veterinarian or licensed kennel of the owner's choosing. If the
court finds that the animal is not dangerous as defined, the animal
will be released to the owner. If the court rules that the animal
is dangerous as defined, the animal will be released to the owner
after payment of any fees and penalties, and upon presentation of
proof that the animal will now be kept restrained or confined as specified
in this section. If the owner or keeper of a designated dangerous
animal fails to either provide proof that the animal will now be kept
restrained or confined in compliance with the provisions of this section,
or fails to reclaim it from animal control after impoundment, the
animal may be humanely euthanized.
D.
Notification. The owner or keeper shall notify the Police Department
within 24 hours if a dangerous animal is loose, unconfined, has attacked
a human being or has died. The owner or keeper will notify the Police
Department 24 hours before selling or giving away a dangerous animal.
The owner or keeper shall provide the Police Department with the name,
address and telephone number of the new owner, who must comply with
the requirements of this section.
E.
Penalty. Any person, firm or corporation violating any provision
of this section shall be fined not less than $100 nor more than $750
for each offense, and a separate offense shall be deemed committed
on each day on which a violation occurs or continues. For a subsequent
violation of this section the court may order the animal to be euthanized.
A.
It
shall be unlawful for any animal to bite any human being so as to
break the skin. The owner of such animal may be summoned to City court.
Upon conviction of this section, the owner of said animal may be fined
up to $750, pay any restitution order by the court, and comply with
any orders set by the court.
B.
Any
person who fails to appear in court after being issued a citation
for a violation of this section shall have a warrant immediately issued
for his/her arrest, due to the public health risk.
Any animal which bites a person in such a way as to break the
skin shall be immediately impounded by the City into the City animal
control shelter or in a kennel operated by a licensed veterinarian
and held in quarantine for at least 10 days after the bite to determine
whether the animal has any disease which may be communicated to humans,
except;
A.
The
officer may allow for the animal to remain with the owner provided:
(1)
The owner has, in the opinion of the officer, suitable means to keep
the animal from running at large or escaping from such owner;
(2)
The owner submits to daily inspections of the animal and the quarantine
premises during the quarantine period. The officer may revoke the
home quarantine option if the officer believes that one or more of
the home quarantine provisions is being or may be violated.
(3)
An animal under the age of four months need not be quarantined or
rabies tested.
B.
For
an animal that an officer has probable cause to believe has bitten
a person in such a way as to break the skin and cannot be captured,
the officer may destroy the animal. The officer shall attempt to destroy
the animal in a humane manner and in a manner which avoids damage
to the animal's head. The head shall be severed from the animal's
body and sent to the state veterinarian lab for testing. The cost
of such testing and any other associated cost shall be paid by the
owner of the animal, if known. If the owner of such animal is not
known, the cost of such testing shall be paid by the City.
C.
Ten
days after the date of the bite, an examination of the animal shall
be made by a licensed veterinarian to determine if the animal has
rabies or any other disease that may be communicated to humans. Upon
certification by the veterinarian that the animal is healthy, the
animal shall be released to the owner or custodian upon payment of
all fees. The cost of impoundment, quarantine and testing shall be
paid by the owner or custodian of the animal. If it is determined
that the animal is infected with rabies, the animal shall be destroyed
in accordance with provisions of this chapter, and the head removed
and sent to the state lab for further testing. If an owner cannot
be ascertained, the animal shall be destroyed in accordance with this
chapter and the head removed and sent to the state veterinarian lab
for further testing, the cost of which shall be paid by the City.
In any case, the owner or custodian of an animal may call for the
animal to be destroyed, the head removed and sent to the state lab
for further testing immediately or at any time during the quarantine
period at the owner's or custodian's expense.
A.
No person shall overdrive, overload, overwork or willfully and maliciously
torture, torment, deprive of necessary sustenance, unnecessarily or
cruelly beat, willfully, maliciously and needlessly mutilate or kill
or otherwise mistreat in a cruel or inhumane manner any animal, or
cause or procure such mistreatment to be done. No person shall have
the care and custody of any animal and fail to provide it with the
proper food, drink or proper shelter or cruelly abandon it.
B.
If any law enforcement officer or community service officer has probable
cause to believe that an animal is being deprived of proper food,
drink or proper shelter, the animal may be impounded. The cost of
such impoundment shall be paid by the owner if known. The animal may
be released to the owner upon payment of all fees and showing that
the animal will now be given proper food, drink and shelter.
C.
Any person in violation of this section shall be fined not less than
$500 and may lose the privilege of owning any animal for a period
of one year from the date of such conviction.
A.
Trapping
of animals that are at large, nuisance animals or are stray or otherwise
unwanted is allowed in the City provided the following restrictions
are complied with:
(1)
No steel jaw traps are allowed unless consent is obtained from a
community service officer or law enforcement officer.
(2)
All traps used shall be humane box type owned by the City or be approved by the City, except provided in Subsection A(1) of this section.
(3)
The trapping of animals is allowed only on the property of or property
controlled by the person or firm doing such trapping.
(4)
All animals trapped will be released to the City.
(5)
No poisons will be used on bait.
(6)
No bait will be used that is rotten or may be otherwise unhealthy
to animals.
(7)
No live bait will be used.
B.
The
City has some live traps available for citizen use in the City. The
availability of traps will be on a first-come-first-serve basis. Citizens
that reside in the City may use City-owned traps provided that a lease
agreement is signed by the user setting forth the regulations required
by this section and requiring that if a trap owned by the City becomes
lost, stolen or damaged while in the user's custody, the user
shall replace the trap or pay the City for the replacement of the
trap lost, stolen or damaged, an amount equal to the retail value
of said trap.
Predatory animals may be taken by law enforcement officers and
community service officers in any manner at any time within the City.
It shall be the duty of every private property owner to remove
from his or her property all dead animals and dispose of their remains
in a lawful manner.
A.
Law
enforcement officers or community service officers shall capture and
impound any animal found to be in violation of this chapter, and shall
do so without making or requiring a complaint therefor and shall impound
the animal.
B.
Law
enforcement officers or community service officers charged with the
enforcement of this chapter shall have the right to enter onto any
premises excluding buildings within the City in order to take possession
of any animal in violation of any section in this chapter.
In addition to, or in lieu of, impounding any animal in violation
of this chapter, the law enforcement officer or community service
officer may issue to the owner, or his/her agent, a citation for the
violation complete with a statement of probable cause and a notice
of place and time of an arraignment hearing and/or place and time
to post bond for the violation.
No person shall directly or indirectly break open or assist
in breaking open any pen, enclosure, live trap or support division
vehicle with the intention of releasing any animal confined therein
pursuant to the provisions of this chapter. Any person convicted of
a violation of this section shall be fined no less than $300.
The removal of unwanted or dead animals by the City, the adoption
of animals, the use of animal shelter volunteers impoundment procedures,
animal cremation procedures and other miscellaneous animal control
matters may be governed by the policies of the Evanston Police Department
which have been duly approved and adopted by the governing body of
the City by resolution.
The fees to be charged by the City for licensing and for picking
up, adopting and impounding animals shall be reviewed and be set by
resolution of the governing body of the City each fiscal year.
Unless otherwise provided, any person convicted of violating any section of this chapter or of failing to meet any duty imposed herein may be fined in accordance with § 1-5. Each day the violation continues shall be considered a separate offense.
