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30 Supp. 42, 01/07
CHAPTER 4
ANIMALS
INTRODUCTION
In general this Chapter generally deals with the enforcement of regulating dogs,
cats, livestock, wild or exotic animals within the corporate limits of the City of Cody
and preventing, abating and removing nuisances or annoyances and offensive
conditions created by the keeping or maintaining of such animals as authorized by
Wyoming State Statutes 15-1-103. For purposes of this chapter the word animal shall
include “every dumb living creature” as defined by Wyoming State Statutes.
In General
4-1. Definitions.
4-2. Impounding generally.
4-3. Financial bonding requirements.
4-4. Notice to owner, redemption.
4-5. Disposition of unclaimed or infected animal.
4-6. Animals at large.
4-7. Breaking open, etc., animal shelter.
4-8. Animal waste.
4-9. Wild or hybrid animals prohibited.
4-10. Vicious animals.
4-11. Animal cruelty.
4-12. Animal fighting.
4-13. Noisy animals.
4-14. Carcasses to be removed.
4-15. Regulations concerning female dogs and cats in heat.
4-16. Abandonment of animals.
4-17. Interference.
4-18. Duties of a Community Service Officer.
4-19. Rabies control.
4-20. Rabies Emergency Measures.
4-21. Penalty for violation of chapter.
4-1. Definitions: As used in this chapter:
Animal: Every living dumb creature including dogs, cats, livestock, wild or exotic
animals.
Animal park or exercise area: Any area of city property specifically designated by the
Governing Body as property upon which dogs and cats may run freely while under the
command and supervision of their owners or a member of the owner’s immediate
family or other authorized person.
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Bit or bitten: Means that the skin has been penetrated by an animal’s teeth, or saliva
from the animal has come in contact with an open wound or mucous membrane.
Dangerous animal: An animal or animals that constitute a physical threat to
human beings or other animals. Proof of the fact that an animal has bitten or attacked a
person or other animal at any place where that person or animal is legally entitled to be,
is evidence that an animal is dangerous.
Leash: A length of webbing, cord, chain or similar restraint, which is securely attached
to the animal’s collar or harness.
Livestock: Animals kept or raised for use and/or profit.
Owner: Any person or persons, firm, association or corporation having the care of an
animal or caged bird or permitting such to habitually be or remain on, or be lodged or
fed within his or her house, yard or premises.
Permit: A permit for wild animals, bees or exotic pets.
Vaccinate: The inoculation of an animal with anti-rabies vaccine which shall be
administered by any licensed veterinarian, the cost of such vaccination to be paid by the
owner of the animal.
Vicious Animal: Any animal that has killed or inflicted serious injury to a person or
domesticated animal, including multiple bites, serious disfigurement, serious
impairment of health, or serious impairment of a bodily function; or which has
continued to exhibit dangerous behavior that resulted in a previous finding of dangerous
animal by a court; provided the owner has been given notice of that finding. This also
means any animal that, in the absence of intentional provocation, is involved with a
sustained attack upon a person, not allowing the victim any means of escape, regardless
of the injury or defensive action required.
Wild Animal: Any animal that is not commonly domesticated, cultivated or tamed
when occurring, growing or living in it’s natural state.
4-2. Authorized Impoundment/Tranquilizing/Destruction
If any animal is found to be in violation of this chapter, a Police Officer or any
other officer or employee of the city, as designated by the Chief of Police or City
Administrator, may capture and cause the same to be confined in a secure pen, sheltering
facility or other place provided for that purpose. No animal so captured and confined
shall be released until the owner or person entitled to the possession thereof has
paid to the City of Cody a fee for taking up and receiving each such animal
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together with a fee per day for each and every day such animal was kept so impounded
by the city. If any animal is presenting an immediate danger, it is made the duty of the
Police Officer or any other employee of the City to dispose of or tranquilize the animal.
In the enforcement of any provisions of this chapter, any Police Officer of the
city, or the Community Service Officer, is authorized to enter upon the private property
of any person and take possession of an animal when in fresh pursuit of such animal at
the time the animal goes upon private property. Such Police Officer or Community
Service Officer is authorized to enter upon the private property of any owner of any
animal under such circumstances in order to ascertain and secure compliance with the
terms of this chapter.
4-3. Financial bonding requirements for costs of holding impounded animals.
Any owner or custodian of an animal that has been impounded because of
alleged neglect or abuse, or because of investigation of charges of cruelty to animals or
animal fighting, may prevent transfer of ownership of the animal by a sheltering facility
by posting a bond with the court in an amount sufficient to provide for the animal’s care
and keeping for at least 30 days, including the day on which the animal was taken into
custody. Such bond will be filed with the court within 10 days after the animal is
impounded. At the end of 30 days, if the owner or custodian desires to prevent a
disposition decision about of the animal by the sheltering facility, the owner or
custodian shall post a new bond with the court within 10 days after the prior bond’s
expiration. However, the court may order the immediate disposition of the animal by
euthanasia if, in the opinion of a veterinarian, the animal is experiencing extreme pain
or suffering. At the end of the time for which expenses are covered by the bond, the
sheltering facility may determine disposition of the animal unless there is a court order
prohibiting such disposition. The owner or custodian shall be liable for the cost of the
care, keeping, and/or disposal of the animal.
4-4. Notice to owner, redemption.
Not later than two days after the impounding of any dog or cat, the owner shall
be notified or, if the owner of the animal is unknown, written notice shall be posted for
six (6) days at the Park County Law Enforcement Center describing the animal and the
place and time of taking. The owner of any animal so impounded may reclaim the
animal upon payment of all fees and costs incurred by the city and sheltering facility for
impounding and processing the animal.
4-5. Disposition of unclaimed or infected dogs and cats.
(a) It shall be the duty of the Police Officer or Community Service Officer to keep
all unclaimed dogs and cats so impounded for a period of six (6) days. If at the
expiration of the six days the animal has not been redeemed, it shall become the
property of the city subject to any contract existing between the city and any sheltering
facility. As property of the city, an animal may be maintained at the sheltering facility
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as long as space is available, adopted by new owners, or, if necessary, humanely
euthanized by proper authorities, at the discretion of the evaluation committee, Chief of
Police or the Community Service Officer.
(b) Any animal not carrying identification by which the owner of the animal could
be ascertained, which animal appears to be suffering from rabies, or other infectious or
dangerous disease, or suffering from grievous injury, shall not be impounded but will be
taken immediately to a qualified veterinarian at the expense of the owner if that person
can be later identified. If it is determined by the veterinarian that such animal is
suffering from rabies or other infectious and dangerous disease, or suffering from
grievous injury, then the animal may be humanely euthanized without further notice.
The owner of any animal so disposed, if known, will be responsible for the costs of
disposal.
(c) At the discretion of the Chief of Police or Community Service Officer, the
carcass of such animal will not be returned to its owner, but will be kept for evidence,
autopsy or otherwise disposed of.
(d) Care and or disposal of an animal by any method specified in this section does
not relieve the owner thereof of liability for any violations and any accrued charges.
(e) Animals other than dogs and cats, at the discretion of the Chief of Police or
Community Service Officer, an animal that is not otherwise placed for adoption or
returned to the owner may be sold upon giving at least eight (8) days previous notice to
whom it may concern, of the time and place of the sale, by two consecutive publications
thereof in a newspaper of general circulation, published in the city, which notice shall
describe the animals by brand or otherwise, with reasonable accuracy; provided,
however, that any such animal may be redeemed by the owner, at any time before the
sale by payment of the fees and charges.
Sec. 4-6. Animals at large.
Any animal off the premises of the owner, and not under the control of and on
leash held by the owner or a member of the owner’s immediate family or other
authorized person, or temporarily tethered by leash in an area open to the public so as
not to cause an obstruction in any fashion, will be considered in violation of this
ordinance except as follows:
(a) Obedience trained animals participating in obedience training, field trials, shows
or other similar competitions.
(b) Authorized animals that are under the control of voice commands, and are
obedient to those commands that do not come into physical contact with other persons
or animals and are being trained for search and rescue, law enforcement, or assistance
animals with permission from the Chief of Police.
(c) Venomous animals or other animals that may cause injury to others must be kept
in a secure container when being transported in or through a public place.
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Any such found “at large” animal in the city may be impounded by the
Community Service Officer or an authorized person of the city. Owners of any animal
anywhere within the city limits shall be liable for all damage done to private or public
property by such animal whether by accident or otherwise.
4-7. Breaking open, etc., Sheltering Facility.
No person shall, directly or indirectly, break open or assist in breaking open, any
pen or enclosure, with the intention of releasing any animal confined therein pursuant to
the provisions of this article.
4-8. Animal waste.
The owner or custodian of every animal shall immediately retrieve and remove
all feces deposited by his or her animal while off the owner’s property. This section
shall not apply to parades permitted by the City of Cody or animal-drawn carriages or
vehicles licensed or permitted by the City of Cody to operate within the city boundaries
unless specifically directed by the Governing Body.
Sec. 4-9. Wild animals prohibited - exceptions.
Except as otherwise provided, it is unlawful for any person to own or possess
any wild animal or exotic animal within the corporate city limits of Cody, Wyoming,
except that this section shall not apply to the keeping of small cage-birds, aquatic,
amphibian or nonpoisonous reptilian animals, or such small rodents as hamsters, guinea
pigs or gerbils solely as pets. It also shall not apply to any zoological garden, theatrical
exhibit or circus, nor to any legally incorporated college, university or school, nor to
any private or government research laboratories.
The city may authorize the possession of specific wild or exotic animals to be
kept within the corporate limits, subject to the following provisions:
(a) A wild animal request form, provided by the Cody Police Department, must be
completed and submitted to the Chief of Police or his/her designee. A separate form
shall be submitted for each species.
(b) At the time a wild animal request form is submitted, the applicant must
attach a copy of the importation/possession permit issued by the Wyoming Game and
Fish Department for the subject animal(s).
(c) Within 30 days following submission of the completed wild or exotic animal
request form to the Chief of Police, he/she will issue a written determination approving
or denying the request. The Chief of Police may issue an approval subject to reasonable
conditions or requirements. The written determination shall be mailed to the applicant
at the address listed on the request form.
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(d) Appeal of the Chief of Police’s determination shall be made to the
Governing Body. The appellant must provide written notice of the appeal to the
Governing Body and the Chief of Police within 10 days after the Chief of Police’s
issues the written determination. The notice must include the reason(s) for the appeal,
and any information relevant for the Governing Body to consider in a review of the
Chief of Police’s determination. The Chief of Police shall provide a written response to
the Governing Body within 10 days after receipt of the notice of appeal. The Governing
Body may either set the appeal to be heard at the next regularly scheduled meeting or it
may decide the appeal on the basis of the written information provided by the appellant
and the Chief of Police. The Governing Body shall issue a written determination to the
appellant and Chief within 60 days of receipt of the notice of appeal. The written
determination of the Governing Body shall be a final decision.
4-10. Dangerous / Vicious Animals.
It is unlawful for any person owning or having possession, custody, charge, or
control of any dog or other animal known by such person to be dangerous, to cause or
permit that animal to run loose about the persons property in a manner endangering any
person lawfully entering such property, or cause or permit the animal to be unrestrained
upon or about any public street, sidewalk, park, schoolyard, or property of other
persons.
No vicious animal or animal sick with or liable to communicate rabies or other
contagious or infectious diseases shall be allowed in the city limits, except if such
animal is under confinement at a veterinarian clinic for observation and treatment by a
veterinarian. If any vicious animal or sick animal as herein above set forth shall be
found within the city limits and cannot be safely taken up and impounded, such animal
may be humanely euthanized by any Police Officer or other authorized person.
A Police Officer or Community Service Officer may issue or deliver a citation
or complaint and summons and shall require the animal to be confined until such time
as evidence is heard and a verdict rendered.
If the Police Officer or Community Service Officer believes the owner or
custodian can confine the animal in a manner that protects the public safety, the owner
or custodian may confine the animal until such time as evidence shall be heard and a
verdict rendered. During this confinement, if a valid reason is found to exist, the court,
through its contempt powers, may compel the owner or custodian to produce the
animal at any time. No animal shall be found to be dangerous or vicious if the threat,
injury or damage was sustained by a person who was committing, at the time, a crime
upon the premises occupied by the animal’s owner or custodian or was provoking,
tormenting, or physically abusing the animal, or who can be shown to have repeatedly
provoked, tormented, abused, or assaulted the animal at other times. No police dog that
was engaged in the performance of its duties at the time of the acts complained of shall
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be found to be a dangerous or vicious dog. Any animal determined to be vicious will be
euthanized.
4-11. Animal cruelty.
No person shall cause by action, omission of action or neglect the willful and
malicious infliction of pain, suffering or death of an animal by permitting or allowing
such to continue when there is a reasonable remedy or relief. No owner or custodian
shall abandon or fail to provide an animal with sufficient, good and wholesome food
and water, proper shelter, protection from the weather and veterinary care when needed
to prevent suffering, and humane care and treatment. Proper shelter means natural or
artificial shelter appropriate to the local climatic conditions for the species concerned,
as necessary for the health of the animal.
If a shelter with a chain is used as a primary enclosure for an animal kept
outdoors, the chain must be placed or attached to avoid entanglement with chains of
other animals or any other object. A chain should be at least three times the length of
the animal, measured from the tip of its nose to the base of its tail, and must allow the
animal convenient and safe access to shelter and water.
No person shall leave an animal in an unattended vehicle without adequate
ventilation or in such a manner as to subject the animal to extreme temperatures which
adversely affect its health or welfare. In the event the animal’s life is found to be in
immediate danger, any Police Officer or Community Service Officer may take whatever
measures necessary to remove the animal from the vehicle and seek veterinary care.
No person shall willfully kill, maim, inhumanely trap, poison, or disfigure any
domestic or wild animal except pests of public health importance within the city limits.
4-12. Animal fighting.
No person shall cause, sponsor, arrange, hold, or encourage a fight between
animals for the purpose of monetary gain or entertainment. For the purposes of this
section, a person encourages a fight between animals if he/she is knowingly present at,
or wagers on such a fight; owns, trains, transports, possesses, breeds, sells, transfers; or
equips an animal with the intent that such animal will be engaged in such a fight; or
allows any animal used for such a fight to be kept, boarded, housed, or trained on or
transported in, any property owned or controlled by him or her; or uses any means of
communication for the purpose of promoting such a fight; or possesses any animal used
for such a fight or any device intended to enhance the animal’s fighting ability.
4-13. Noisy animals.
(a) No person shall own or keep any animal which makes continual or repeated
barking, screeching, yowling, howling, yelping, neighing, braying, mooing, crowing,
quacking, pawing, stamping or other noises in excessive, continuous or untimely
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fashion that otherwise disturbs the peace of others.
(b) Any such noisy animal may be impounded at the discretion of the Community
Service Officer or a city Police Officer to prevent further peace disturbance and said
Officer can go upon the property or premises where said animal is located to take
possession or control of the offending animal.
4.14 Carcasses to be removed from city.
It shall be the duty of every owner of any animal which shall in any manner
come to its death within the city, to immediately remove the body or carcass of the
animal and dispose of it in a legal manner.
4-15. Regulations concerning female dogs and cats in heat.
The owner of any female dog or cat shall keep such animal, when in heat, under
confinement, in such manner as not to attract male dogs and cats. If such female animal
in heat shall be unsuccessfully confined and in fact does attract male animals to the
premises where such female animal in heat is kept or confined, the female animal shall
be defined and declared to be a nuisance. Whenever any such nuisance shall come
under the notice of the Community Service Officer or a Police Officer of the city, it
shall be the Officer’s duty to immediately abate such nuisance, if practical, by securing
and confining such animal or causing the owner to do so.
4-16. Abandonment of animals.
No person shall dump, abandon or in any manner release any animal within the
City of Cody.
4-17. Interference.
No person shall interfere with, hinder, or molest any Police Officer, Community
Service Officer, or any agent thereof, in the performance of their duty as herein
provided.
4-18. Duties of a Community Service Officer.
The Community Service Officer or designee of the Chief of Police is charged
with the duty of impounding all animals in violation of the provisions of this chapter
and is authorized to carry out these provision as authorized by W.S. 15-1-103.
4-19. Rabies control.
(a) No person shall harbor, keep or possess a fox, coyote, wolf, raccoon or skunk
within the City of Cody.
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(b) Every owner or harborer of any cat, dog or ferret within the city shall cause such
animal to have a current vaccination against rabies for the time period a vaccination is
valid and shall cause to be securely fastened about the neck at all times a collar or
harness to which shall be securely fastened a rabies tag.
(c) No owner or harborer of any cat, dog or ferret shall permit or allow said animal
to wear or to be displayed on any such animal a tag issued for another animal which
received a rabies vaccination.
4-20. Rabies Emergency Measures.
(a) In the event of a rabies emergency, the City of Cody will follow the most
current version of the 
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