Public Notice No. 5264


PUBLIC NOTICE TOWN OF LUSK

Public Notice

PUBLIC NOTICE TOWN OF LUSK
THIRD READING OF AMENDMENT TO ORDINANCES
ORDINANCE NO. 6-5-190. An Ordinance Amending Existing Ordinance 6-5-190 to Include a Subsection (e) Prohibiting Use of Compression Brakes Within the Town Limits of Lusk, Wyoming; Declaring the Same to be a Breach of the Peace; and Providing an Exception to this Ordinance.
Be it ordained by the Governing Body of the Town of Lusk, Wyoming:
SECTION ONE: That Ordinance numbered 6-5-190 of the “Municipal Code of Lusk,” 2004, is amended to include a subsection (e) as follows:
(e) It shall be unlawful for any person to use, operate, or cause to be used any mechanical exhaust device, motor brake, compression brake or other device that results in loud, excessive, unusual or explosive noise within the Town of Lusk, Wyoming. Compression braking is also commonly known as a “Dynamic Brake”, “Jake Brake”, “Jacobs Brake”, “CBrake”, “Paccar Brake” and other engine retarding brake systems which alter the normal compression of the engine and releases that compression. Use of the same within the city limits is declared to be a breach of the peace unless the same is used on an emergency basis to avoid damage to property or injury to persons.
SECTION TWO: The above and foregoing amendment shall, upon passage on final reading, be inserted in the appropriate place in the Municipal Code of Lusk.
ORDINANCE NO. 9-10-180. An Ordinance Amending Existing Ordinance 9-10-180 to Define “Cruelty to Animals” and to Grant Authority to the Animal Control Officer in Removing, Sheltering and Caring for Such Animals and Euthenizing Suffering Animals with Severe Injuries or Disease.
Be it ordained by the Governing Body of the Town of Lusk, Wyoming:
SECTION ONE: That Ordinance numbered 9-10-180 of the “Municipal Code of Lusk,” 2004, is amended as follows:
9-10-180. Cruelty to Animals.
A. It shall be unlawful for any person to unnecessarily or cruelly beat, mutilate, maim or kill any animal. No person shall directly or indirectly commit cruelty to animals by failing to provide it with proper food, drink and protection from the weather or to abandon the animal or fail to provide proper health care.
B. An animal control officer may lawfully interfere to prevent the perpetration of any act of cruelty upon an animal in his/her presence.
C. A law enforcement officer or animal control officer may remove, shelter and care for any animal found to be cruelly exposed to the weather, starved or denied water; or neglected, abandoned or otherwise treated in a cruel manner. A law enforcement officer or animal control office may deliver the animal to another person to be cared for and given medical attention. In all cases the owner or custodian of the animal, if known, shall be notified as soon as possible as to the removal of the animal and placement for care. The person or organization giving care to the animal shall be entitled to payment for such services and if the owner or custodian of the does not redeem the animal by paying such expenses it may be treated as abandoned.
D. When, in the opinion of any law enforcement officer, animal control officer or county health officer, an animal is suffering from distemper, parvo virus or other serious disease or is severely maimed and suffering from injury, it shall be lawful for such officer to euthanize the animal after consulting with a licensed veterinarian. An attempt shall be made to notify the owner of the animal before it is euthanized. In the event the animal is suffering to the extent that the officer determines it should be euthanized immediately to prevent further suffering he/she may do so without consulting the owner or custodian or a veterinarian. The owner shall not be entitled to damages for the euthanizing of the animal unless he can prove that such euthanization was unwarranted.
E. If an animal is restrained or confined without food or water or proper attention, an officer may enter into and upon any property where the animal is restrained or confined and supply it with food, water and attention. If necessary for the health of the animal, the officer may remove and impound the animal.
SECTION TWO: The above and foregoing amendment shall, upon passage on final reading, be inserted in the appropriate place in the Municipal Code of Lusk.
ORDINANCE NO. 9-5-100. An Ordinance Amending Existing Ordinance 9-5-100 by Adding a Definition for “Nuisance” Relating to Animal Activities.
Be it ordained by the Governing Body of the Town of Lusk, Wyoming:
SECTION ONE: That Ordinance numbered 9-5-100 of the “Municipal Code of Lusk,” 2004, is amended by adding subsection (m) as follows:
(m) “Nuisance” means any animal which trespasses on public or private property, runs at large; damages, soils, urinates, or defecates on private or public property or causes garbage placed in containers to be strewn or deposited on private or public property; that habitually, constantly or frequently disturbs the sleep, rest, tranquility or peace of any person or neighborhood; that chases pedestrians, bicyclists or motor vehicles; that attacks other domestic animals; and any animals in heat which are not confined; and animals that are tethered in such a way that it or its tether obstructs any part of a public road, alley, walkway; and animal which creates offensive odors which disturb a person or neighborhood.
SECTION TWO: The above and foregoing amendment shall, upon passage on final reading be inserted in the appropriate places in the Municipal Code of Lusk.
ORDINANCE NO. 9-5-150. An Ordinance Amending Existing Ordinance 9-5-150 by Including Dogs Chasing and Jumping at Bicycles and/or Pedestrians as Nuisances.
Be it ordained by the Governing Body of the Town of Lusk, Wyoming;
SECTION ONE: That Ordinance numbered 9-5-150 of the “Municipal Code of Lusk” 2004 is amended to read as follows:
9-5-150. Chasing Vehicles. It shall be unlawful for any owner or custodian of a dog to suffer or permit such dog to chase, run after or jump at vehicles, bicycles or pedestrians lawfully upon public streets, alleys, sidewalks or public places in the Town and the same is declared to be a nuisance and any such dog may be seized and impounded and the owner or custodian of the dog may be cited.
SECTION TWO: The above and foregoing amendment shall, upon passage on final reading be inserted in the appropriate places in the Municipal Code of Lusk.
ORDINANCE NO. 9-5-180. An Ordinance Amending Existing Ordinance 9-5-180 by Requiring Dogs to be on Leash When off Premises of Owner or Custodian and That Such Leash be Attached to the Dog and be Held by the Owner or Custodian of the Dog.
Be it ordained by the Governing Body of the Town of Lusk Wyoming:
SECTION ONE: That Ordinance numbered 9-5-180 of the “Municipal Code of Lusk,” 2004 is amended to read as follows:
9-5-180. Dogs off Premises to be on Leash. It shall be unlawful for the owner or custodian of any dog to cause, permit or allow such dog to be off of the premises of such owner or custodian unless such dog, while away from the premises of the owner or custodian, is controlled by a leash or chain not more than eight feet in length attached to the dog and held and controlled by the owner or custodian of the dog. Any dog found off of owner’s or custodian’s premises and not controlled as provided herein is declared to be at large and a nuisance; such dog may be seized and impounded subject to redemption in the manner provided by this chapter and/or a citation may be issued to the owner or custodian of the dog. (Amended on Second Reading to delete electronic control device).
SECTION TWO: The above and foregoing amendment shall, upon passage on final reading be inserted in the appropriate places in the Municipal Code of Lusk.
ORDINANCE NO. 9-5-190. An Ordinance Amending Existing Ordinance 9-5-190 by Adding Language Allowing Agents or Employees of the Town of Lusk Pursuing an Animal at Large to Enter onto Enclosed Open Private Property in the Event of Immediate Threat or Danger to Public.
Be it ordained by the Governing Body of the Town of Lusk Wyoming:
SECTION ONE: That Ordinance numbered 9-5-190 is amended to read as follows:
9-5-190. Authority to Pursue. Those employees or agents of the Town charged with the duty of seizing animals running at large may pursue such animals onto Town owned property, vacant property, and unenclosed private property and seize, remove and impound the same. Employees and agents of the Town may proceed onto enclosed open property with the permission of the property owner/tenant. If the pursued animal is believed to be an immediate threat or danger to public safety officers may enter enclosed property without consent only to remove the animal threat. Attempts shall be made to contact the owner or tenant of the entry. (Prior code 2-105, 1978, Amended 2019).
SECTION TWO: The above and foregoing amendment shall, upon passage on final reading be inserted in the appropriate places in the Municipal Code of Lusk.
ORDINANCE NO. 9-5-220. An Ordinance Amending Existing Ordinance 9-5-220 by Specifying That the Notice of Impoundment Applies to all Impounded Animals.
Be it ordained by the Governing Body of the Town of Lusk Wyoming:
SECTION ONE: That Ordinance numbered 9-5-220 is amended to read as follows:
9-5-220 Notice of Impounding. Upon any dog or other animal being impounded under the provisions of this chapter, the impounding authority shall, as soon as feasible, notify the owner, if the owner is known, of the impounding of animal, and the terms upon which said animal can be redeemed; if the owner is unknown the animal control officer shall make all reasonable efforts to locate and notify the owner of the impounded animal. (Prior code 2-204, 1978; amendment 2019).
SECTION TWO: The above and foregoing amendment shall, upon passage on final reading be inserted in the appropriate places in the Municipal Code of Lusk.
ORDINANCE NO. 9-5-270. An Ordinance Amending Existing Ordinance 9-5-270 by Adding a Sub-Section (d) Prohibiting Poisonous or Venomous Amphibians, Arachnids or Reptiles Within the City Limits of the Town of Lusk; and Providing an Exception.
Be it ordained by the Governing Body of the Town of Lusk, Wyoming:
SECTION ONE: That Ordinance numbered 9-5-270 is amended by adding a subsection (d) as follows:
9-5-270. (d) The following animals shall not be brought into, kept, maintained, offered for sale or barter, or released within the Town of Lusk: poisonous or venomous biting or injecting species of amphibian, arachnid or reptile. This prohibition does not prohibit any circus or other entertainment organization, educational facility or department of parks and recreation from keeping such animals where the animal is securely and humanely confined. (Amended 2019).
SECTION TWO: The above and foregoing amendment shall, upon passage on final reading be inserted in the appropriate places in the Municipal Code of Lusk.
The Council will have the third and final reading of the above ordinances, which will take place during the regular Council Meeting on Tuesday June 4th, 2019 at 5:00 p.m. Public comment will be before the third reading. All interested citizens are encouraged to attend.
Public Notice No. 5264. Published in The Lusk Herald on May 29, 2019.

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