[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.
- ANIMAL CONTROL SHELTER
- 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.
- AT LARGE
- 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.
- COMMUNITY SERVICE OFFICER
- Any person employed by the support division and charged with the enforcement of the City animal ordinances.
- COMPETENT PERSON
- 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.
- DOMESTIC ANIMAL
- 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.
- LAW ENFORCEMENT OFFICER
- Any person employed by the City Police Department for the purpose of enforcing any law or ordinance within the City or state.
- LEGAL OWNER
- 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.
- PROPER SHELTER
- Natural or artificial shelter appropriate to the local climatic conditions for the species concerned, as necessary for the health of the animal.
- RABIES CERTIFICATE
- 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.
- STRAY CAT
- 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.
- SUPPORT DIVISION
- 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.
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.
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:
Urinating on property public or private not under the control of the animal owner.
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.
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.
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.
It shall be unlawful for the owner of any animal to encourage, permit, allow or fail to prevent his or her animal from:
Chasing, stalking, threatening, or otherwise molesting people when the person is in a place they have legal right to be.
Damaging or destroying in any manner any public or private property not owned or occupied by such owner of said animal.
Attacking or chasing other animals.
Chasing passing vehicles (including bicycles).
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:
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.
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.
Definitions. As used in this section, the following terms shall have the following meanings, unless context clearly indicates that a different meaning is intended:
- DANGEROUS ANIMAL
- 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.
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.
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:
Order the violation immediately corrected and cite the owner or keeper to appear in City court for the violation; or
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.
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.
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.
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.
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;
The officer may allow for the animal to remain with the owner provided:
The owner has, in the opinion of the officer, suitable means to keep the animal from running at large or escaping from such owner;
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.
An animal under the age of four months need not be quarantined or rabies tested.
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.
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.
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.
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.
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.
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:
No steel jaw traps are allowed unless consent is obtained from a community service officer or law enforcement officer.
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.
The trapping of animals is allowed only on the property of or property controlled by the person or firm doing such trapping.
All animals trapped will be released to the City.
No poisons will be used on bait.
No bait will be used that is rotten or may be otherwise unhealthy to animals.
No live bait will be used.
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.
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.
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.