Village of Richfield, WI Article IV Vicious Dogs

§ 118-19 Definitions.

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

VICIOUS DOG

A. Any dog with a propensity, tendency, or disposition to attack, assault, cause injury, or otherwise endanger the safety of human beings or other domestic animals as evidenced by its habitual or repeated chasing or snapping, or barking and/or snarling in a threatening manner.

B. Any dog which attacks a human being or another domestic animal without provocation.

C. Any dog owned or harbored primarily or in part for the purpose of dog fighting, or any dog trained for dog fighting.[1]

[1] Editor's Note: Original § 10.04B of the prior Code, Penalties, which immediately followed this subsection, was repealed 8-15-2013 by Ord. No. 2013-8-2. See now § 118-3.

§ 118-20 Prohibited generally.

A. No person shall harbor or keep a vicious dog within the Village. A dog is deemed to be vicious when it has attacked or bitten any person or when a propensity to attack or bite persons exists and is known or reasonably should be known to the owner. Any vicious dog which is found off the premises of its owner may be seized by any law enforcement officer, Washington County Sheriff, or humane officer and may be destroyed upon establishing to the satisfaction of a competent court with jurisdiction the vicious character of such dog.

[Amended 9-18-2014 by Ord. No. 2014-9-3]

B. Notwithstanding Subsection A of this section, a law enforcement officer or humane officer may kill or tranquilize a vicious dog if he or she determines that it is necessary to take such action to prevent real and immediate personal injury to any person, including himself or herself.

§ 118-21 (Reserved) [1]

[1] Editor's Note: Former § 118-21, Requirements and prohibitions, as amended, was repealed 9-18-2014 by Ord. 2014-9-3.

§ 118-22 Determination of status; appeal.

[Amended 8-15-2013 by Ord. No. 2013-8-2]

A. The Washington County Sheriff's Deputy, Village law enforcement officer and/or humane officer shall investigate every dog complaint and make a determination as to whether or not such dog is vicious as defined in § 118-19. If the Washington County Sheriff and/or humane officer makes a determination that a dog is vicious, he or she shall so inform the owner, keeper, or harborer of such dog and provide such person with a copy of this article.

B. Any person aggrieved by the determination of the Washington County Sheriff, as provided in Subsection A of this section, may appeal such determination as provided in Chapter 11, Administrative Appeals.

§ 118-23 Compliance required.

[Amended 9-18-2014 by Ord. No. 2014-9-3]

Within 10 days of the determination that a dog is vicious, as outlined in § 118-22A, or 10 days after an unsuccessful appeal under § 118-22B, the owner of said vicious dog shall relocate the offending dog out of the community or have it destroyed.

§ 118-24 Disposition.

Any vicious dog which attacks a human being or domestic animal may be ordered destroyed by a law enforcement officer or humane officer when, in the judgment of a court of competent jurisdiction, the dog represents a continuing threat of serious harm to human beings or domestic animals.