Chapter 6.05
ANIMALS AND FOWL
Sections:
6.05.020 Maintaining a vicious animal.
6.05.040 Keeping animals, fowl or livestock in offensive manner – Notice – Penalty.
6.05.050 Running at large prohibited.
6.05.060 Impoundment – Enforcement – Redemption fee.
6.05.070 Impoundment – Notification of owner – Disposition of impounded dog.
6.05.080 Impoundment – Fees applicable to impounded dog.
6.05.090 Licensing and registration of dog(s) or cat(s) – Duty of town clerk – Expiration date.
6.05.100 Licensing and registration of dog(s) or cat(s) – Fees.
6.05.110 Licensing and registration of dog(s) or cat(s) – Issuance and wearing of tags.
6.05.130 Breaking open, etc., pound.
6.05.140 Horses in municipal park.
6.05.150 Violations – Penalties.
6.05.160 Detention and observation of animals – Rabies.
6.05.180 Maintaining vicious animal – Post conviction.
6.05.190 Community cat control.
6.05.010 Definition of terms.
As used in this chapter, unless otherwise indicated, the following words and phrases shall have the following meanings.
“Animal control officer” shall be all police officers employed by the town and any other person designated by the town council to enforce this chapter.
“At large” means off of the premises of the owner, and being at places not under the physical control of the owner.
“Dog or cat” shall include both male and female animals.
“Ferocious” shall mean any exhibition or tendency to fierceness and unrestrained violence and brutality.
“Fowl” shall include all chickens, roosters, turkeys, ducks, and geese.
“Livestock” shall include all cattle, horses, pigs, lambs, sheep, goats and buffalo.
“Owner” means any person or persons, firm, association or corporation owning, keeping or harboring a dog or cat.
“Physical control” means on a leash or other restraint not exceeding eight feet in length with one end attached to the dog or cat and the other end in physical possession of the owner.
“Pound” means the place provided by the town for the impounding of dogs or cats.
“Premises” means an open area without houses, barns and other outbuildings.
“Unruly” shall mean not readily ruled, disciplined or manageable.
“Vaccinate” means the inoculation of a dog or cat with an approved rabies vaccine that provides a minimum three-year immunity which shall be administered under the direction of a licensed veterinarian, the cost of said vaccination to be borne by the owner of the dog or cat.
“Vicious” shall mean dangerously aggressive, marked by violence and/or ferocity. [Ord. 839 § 1, 2023; Ord. 650 § 3(D)(i) – (iii), 1996; amended in 1995 supplementation; Ord. 599 § 1, 1990; Ord. 579, 1987. 1996 Code § 4-1.]
6.05.020 Maintaining a vicious animal.
No person shall keep, feed, harbor or allow to stay about the premises occupied by such person any vicious, unruly or ferocious animal. [1996 Code § 4-2.]
6.05.030 Cruelty to animals.
No person shall willfully or maliciously torture, torment, deprive of necessary sustenance, beat, mutilate, kill, mistreat or carry an animal in a vehicle in a cruel or inhumane manner, or cause or procure it to be done; or having the charge and custody of any animal, unnecessarily fail to provide it with the proper food, drink or protection from the weather, or abandon it. [1996 Code § 4-3.]
As to the protection of domestic animals generally, see WS, 1977, 11-29-101 et seq. As to the livestock and sanitary board, see WS, 1977, 11-29-106 to 11-29-112. [Note change in stat. ref.]
6.05.040 Keeping animals, fowl or livestock in offensive manner – Notice – Penalty.
(a) No person shall keep any animal or fowl upon any premises within the town in such a manner as to be offensive or annoying. The keeping of any animal or fowl upon any premises in such a manner as to be offensive or annoying shall be deemed to be a nuisance.
(b) The owner, agent or occupant of any premises shall be held liable for compliance and, if such person shall refuse to comply with the provisions of this article, he shall be served with written notice requiring abatement of the nuisance within three days from the receipt of such notice.
(c) Any person who fails to comply with any written notice given pursuant to subsection (d) of this section shall be guilty of a misdemeanor.
(d) It shall be unlawful for any person to keep any livestock upon any premises within the town of Wheatland unless said premises are larger than one-half acre (21,780 square feet) in size. [Ord. 510, 1980. 1996 Code § 4-3.1.]
6.05.050 Running at large prohibited.
No person shall permit any animal or fowl to run at large nor shall any animal or fowl be permitted to run at large. [1996 Code § 4-4.]
For state law as to authority of town to regulate, etc., the running at large of animals, see WS, 1977, 15-1-103. As to strays generally, see WS, 1977, 11-24-101 et seq.
6.05.060 Impoundment – Enforcement – Redemption fee.
(a) If any animal or fowl shall be found running at large it shall be the duty of the animal control officer to impound such an animal in a secure pen, pound or other place provided for that purpose.
(b) No animal or fowl impounded shall be released until the owner shall pay the fees required by WMC 6.05.080. [1996 Code § 4-5.]
As to the authority of town to impound animals running at large, see WS, 1977, 15-1-103. As to feeding impounded animals, see WS, 1977, 11-29-103 and 11-29-104. For state law as to authority of town to establish a pound, appoint and compensate a pound master and prescribe his duties, see WS, 1977, 15-1-103. [Note change in stat. ref.]
6.05.070 Impoundment – Notification of owner – Disposition of impounded dog.
Every owner shall be immediately notified upon impounding of any animal and every animal impounded shall be held for a period of 72 hours after such notification. If not claimed within 72 hours by any person who pays the license and impounding fees, such animal may be disposed of. The pound master may at his discretion release the animal to some person who shall pay all costs incurred before release. If the owner is unknown and the animal is not claimed by another, the pound master may dispose of any unclaimed animal five days after impoundment. [1996 Code § 4-6.]
For state law as to authority of town to provide for the sale or destruction of impounded animals, see WS, 1977, 15-1-103.
6.05.080 Impoundment – Fees applicable to impounded dog.
Upon payment of pound fees as established by the governing body, license fees and an animal control officer’s fee, an owner may secure the release of any impounded animal. [1996 Code § 4-7.]
6.05.090 Licensing and registration of dog(s) or cat(s) – Duty of town clerk – Expiration date.
All dog(s) or cat(s) over four months of age kept, harbored or maintained in the town shall be licensed and registered. Licenses shall be issued by the town clerk or by an agent as may be designated by the clerk. No license shall be issued unless a dog(s) or cat(s) has been vaccinated against rabies within 24 months immediately preceding the date of application for the license as evidenced by the certificate of a licensed veterinarian. All licenses shall expire on December 31st of the year in which the same are issued. [Ord. 839 § 2, 2023; Ord. 729, 2006. 1996 Code § 4-8.]
6.05.100 Licensing and registration of dog(s) or cat(s) – Fees.
A fee as established by the governing body shall be paid upon application for a license. [Ord. 839 § 2, 2023. 1996 Code § 4-9.]
For state law as to authority of town to impose license fee on the keeping of dogs, see WS, 1977, 15-1-103.
6.05.110 Licensing and registration of dog(s) or cat(s) – Issuance and wearing of tags.
Upon payment of the license fee the clerk shall issue a license tag bearing the number under which the dog(s) or cat(s) is registered. Such tag shall be secured to the neck of the registered animal and it shall be unlawful for any person to put any license upon a dog(s) or cat(s) for which the same was not issued. Highly visible tattoo markings on cats will be accepted. [Ord. 839 §§ 2, 3, 2023. 1996 Code § 4-10.]
6.05.120 Licensing and registration of dog(s) or cat(s) – Impoundment – Requirement of dog(s) or cat(s) without valid license – Enforcement officer.
Any dog(s) or cat(s) found within the town without a current license is declared to be a public nuisance and it is the duty of the animal control officer to pick up and impound any such animal. [Ord. 839 § 2, 2023. 1996 Code § 4-11.]
As to authority of town to impound animals running at large, see WS, 1977, 15-1-103. As to feeding impounded animals, see WS, 1977, 11-29-103 and 11-29-104. [Note change in stat. ref.] For state law as to authority of town to establish a pound, appoint and compensate a pound master and prescribe his duties, see WS, 1977, 15-1-103.
6.05.130 Breaking open, etc., pound.
No person shall break open or assist in breaking open any pound, pen or other enclosure with the intention of releasing any animal confined therein. [1996 Code § 4-12.]
6.05.140 Horses in municipal park.
No person shall ride or permit any horse to remain within any municipal park. [Amended during August 1984 supplementation. 1996 Code § 4-13.]
6.05.150 Violations – Penalties.
Any person in possession of any dog(s) or cat(s) not licensed or any person violating any provision of this chapter shall be guilty of a misdemeanor. [Ord. 839 § 2, 2023; amended during August 1984 supplementation; Ord. 534 § 3, 1981. 1996 Code § 4-14.]
6.05.160 Detention and observation of animals – Rabies.
Upon the written request of any person, any dog(s) or cat(s) or other animal which has bitten someone, breaking the skin, shall be picked up and detained in isolation, at the town animal shelter, for 10 days for observation for symptoms of rabies. Unless the owner of such animal can furnish positive proof that the animal has a current vaccination. Any doubt as to whether the vaccination is current shall be resolved by presuming that the vaccination is not current. The owner of any animals so detained shall pay all expenses incurred as the result of any detention. [Ord. 839 § 2, 2023; Ord. 650 § 3(D)(iv), 1996; added in 1995 supplementation. 1996 Code § 4-15.]
6.05.170 Animal restraints.
(a) All owners walking their dog(s) or cat(s) on sidewalks, parks, roadways and all other property not belonging to the owner shall keep their animal on a leash at all times.
(1) Leashes shall be constructed of strength adequate for the size of the dog(s) or cat(s).
(2) Leashes shall be at least three feet in length and no longer than 10 feet.
(b) All female animals considered to be in heat shall be confined in a building or secure enclosure so it cannot come in contact with a male with exception for planned breeding purposes.
(c) Animals tethered in their own yard shall have access to adequate shelter for current weather conditions and water.
(1) Animals may not be tethered in any yard longer than 12 hours in a 24-hour period.
(2) All tethers shall be no less than 10 feet in length and may not extend past the owner’s property limits. [Ord. 839 § 2, 2023; Ord. 806 § 1, 2017.]
6.05.180 Maintaining vicious animal – Post conviction.
(a) If an owner wishes to keep their animal after being convicted of maintaining a vicious animal, pursuant to WMC 6.05.020, the following conditions must be met:
(1) The owner shall provide proof of liability insurance at $250,000 for the specific vicious animal harbored.
a. This policy shall specifically cover injuries, damages and death caused by owning a vicious animal.
b. Owner shall provide proof of the policy to the Wheatland police department at the time of registration.
(2) This vicious animal shall incur a $100.00 annual registration fee and special tags must be worn at all times (orange in color).
(3) The animal, if being walked outside its owner’s property boundary, shall be kept on a leash, wear a blaze orange muzzle, and the person walking the animal must be able to adequately maintain control of the animal.
(4) Any time the animal is kept outside, the animal shall be placed in a secure locking kennel and on a concrete slab with a roof or covering made of a chain link material.
(5) Failure to maintain these requirements will result in the forfeiture of the animal to the town of Wheatland.
(b) Any animal deemed vicious a second time shall be surrendered to the town of Wheatland.
(c) Biting of a family member shall not be an indicator of an animal’s viciousness.
(d) An animal protecting its owner or property in which someone has entered illegally shall not be deemed vicious. [Ord. 806 § 2, 2017.]
6.05.190 Community cat control.
(a) Repealed by Ord. 839.
(b) Repealed by Ord. 839.
(c) Repealed by Ord. 839.
(d) It shall be unlawful to feed feral cats and dogs on public or private property without the permission of the property owner. [Ord. 839, 2023; Ord. 806 § 3, 2017.]
6.05.200 Definitions.
“At large” means any animal not under restraint while on public or private property which does not belong to the owner of the animal. Any animal that may be chasing another animal, bicyclist, human or motor vehicle on public or private property which does not belong to the owner. [Ord. 806 § 4, 2017.]