[Adopted 5-14-2012 by Ord. No. 56; amended in its entirety 7-22-2019 by Ord. No. 08-19]
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
The Village Board of Trustees of the Village of Greenville,
Outagamie County, Wisconsin, hereby adopts the provisions of Chapter
174 of the Wisconsin Statutes for animal control in the Village of
Greenville, Outagamie County, Wisconsin, as described herein.
The purpose of this article is to regulate animal control within
the Village of Greenville, Outagamie County, Wisconsin.
In this article, unless the context or subject matter requires
otherwise, the following definitions shall be applicable:
Any live, vertebrate creature, domestic or wild.
Bodily injury, including, but not limited to, a laceration
requiring stitches, any fracture of a bone, a concussion, a loss or
fracture of a tooth or any temporary loss of consciousness, sight
or hearing.
Any person who, in the absence of the owner, temporarily
harbors, shelters, keeps or is in charge of a dog, cat or any other
domesticated bird or animal.
Any of the following:
Any animal which, when unprovoked, inflicts bodily harm on a
person, domestic pet or animal on public or private property.
Any animal which repeatedly chases or approaches persons in
a menacing fashion or apparent attitude of attack, without provocation,
upon the streets, sidewalks or any public grounds or on private property
of another without the permission of the owner or person in lawful
control of the property.
Any animal with a known propensity, tendency or disposition
to attack, to cause injury to, or otherwise threaten the safety of
humans or other domestic pets or animals.
Any animal which normally can be considered tame and converted
to home life.
Includes Outagamie County Sheriff's Department, Greenville
Animal Control Officer, Village Clerk, Village Administrator, Village
President or his/her designee.
Any individual that has the right of property in an animal
or who keeps, harbors, cares for, acts as its custodian or who knowingly
permits an animal to remain on or about his premises/property for
10 or more consecutive days.
Any of the following:
Any animal that is determined to be a prohibited dangerous animal
under this article.
Any animal that, while off the owner or caretaker's property,
has killed a domesticated animal without provocation.
Any animal that, without provocation, inflicts serious bodily
harm on a person on public or private property.
Any animal brought from another city, village, town or county
that has been declared dangerous or vicious by that jurisdiction.
Any dog that is subject to being destroyed under § 174.02(3),
Wis. Stats.
Any dog trained, owned or harbored for the purpose of dogfighting.
Bodily injury which creates a substantial risk of death,
or which causes serious permanent disfigurement, or which causes a
permanent or protracted loss or impairment of the function of any
bodily member or organ or other serious bodily injury.
A.
Upon conducting an investigation, the Enforcement Officer may issue
an order declaring an animal to be a dangerous animal. Whenever an
owner or caretaker wishes to contest an order, he or she shall, within
72 hours after receipt of the order, deliver to the Village Administrator
a written objection to the order, stating specific reasons for contesting
the order. Upon receipt of the written objection, the matter shall
be placed on the agenda for a special meeting of the Board of Appeals.
The Board of Appeals shall act as a quasi-judicial body allowing the
animal's owner or caretaker an opportunity to present evidence as
to why the animal should not be declared dangerous.
B.
After the special meeting, the owner or caretaker shall be notified, in writing, of the Board of Appeals's determination. If the Board of Appeals upholds the determination that the animal is dangerous, the owner or caretaker shall comply with the requirements of § 76-20. If the owner or caretaker further contests the determination, he or she may, within five days of receiving the Board of Appeals's decision, seek review of the decision by the Village Board.
C.
Upon an animal being declared dangerous, the owner or caretaker shall immediately comply with leashing, muzzling and confinement requirements of § 76-20, with all other requirements in that section being satisfied within 30 days of the dangerous declaration or reaffirmation thereof, or within such time as established by the Village Board.
A.
Dangerous animals regulated.
(1)
No person may harbor or keep a dangerous animal within the Village
unless all provisions of this section are complied with. Any animal
that is determined to be a prohibited dangerous animal under this
section shall not be kept or harbored in the Village.
(2)
If any dangerous animal cannot be safely captured and impounded,
and such animal poses an imminent threat to a human or another animal,
such animal may be destroyed by any law enforcement officer.
(3)
The issuance of a citation for a violation of this section need not
be predicated on a determination that an animal is a dangerous animal.
B.
Registration. The owner of any animal declared dangerous shall register
it with the Enforcement Officer upon disposition and annually thereafter,
on or before April 1 of each year, by providing a current color photograph
of the animal and payment of a registration fee in an amount as set
from time to time by resolution of the Village Board.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
C.
Leash and muzzle.
(1)
No owner or caretaker harboring or having the care of a dangerous
animal may permit such an animal to go outside its dwelling, kennel
or pen unless the animal is securely restrained with a leash no longer
than four feet in length.
(2)
No person may permit a dangerous animal to be kept on a chain, rope
or other type of leash outside its dwelling, kennel or pen unless
a person who is 16 years of age or older, competent to govern the
animal and capable of physically controlling and restraining the animal,
is in physical control of the leash.
(3)
A dangerous animal may be securely leashed or chained to an immovable
object, with the owner or caretaker being in the physical presence
of the animal at all times when it is so leashed or chained.
(4)
A dangerous animal outside of the animal's dwelling, kennel or pen
shall be muzzled in a humane way by a muzzling device sufficient to
prevent the animal from biting persons or other animals.
D.
Confinement.
(1)
Except when leashed and muzzled, all dangerous animals shall be securely
confined indoors or in a securely enclosed and locked pen or kennel
that is located on the premises of the owner or caretaker and constructed
in a manner that does not allow the animal to exit the pen or kennel
on its own volition.
(2)
When constructed in a yard, the pen or kennel shall, at minimum,
be constructed to conform to the requirements of this subsection.
The pen or kennel shall be childproof from the outside and animal-proof
from the inside. A strong metal double fence with adequate space between
fences of at least two feet shall be provided so that a child cannot
reach into the animal enclosure. The pen, kennel or structure shall
have secure sides and a secure top attached to all sides. A structure
used to confine a dangerous animal shall be locked with a key or combination
lock when the animal is within the structure. The structure shall
either have a secure bottom or floor attached to the sides of the
pen or the sides of the pen shall be embedded in the ground no less
than two feet. All structures erected to house dangerous animals shall
comply with all Village zoning and building regulations. All structures
shall be adequately lighted and ventilated and kept in a clean and
sanitary condition.
(3)
Indoor confinement. No dangerous animal may be kept on a porch, patio
or in any part of a house or structure on the premises of the owner
or caretaker that would allow the animal to exit the building on its
own volition. No dangerous animal may be kept in a house or structure
when the windows are open or when screen windows or screen doors are
the only obstacle preventing the animal from exiting the structure.
E.
Signs. The owner or caretaker of a dangerous animal shall display,
in prominent places on his or her premises near all entrances to the
premises, signs in letters of not less than two inches high warning
that there is a dangerous animal on the property. A similar sign is
required to be posted on the kennel or pen of the animal. In addition,
the owner or caretaker shall conspicuously display a sign with a symbol
warning children of the presence of a dangerous animal.
F.
Spay and neuter requirement. Within 30 days after an animal has been
designated dangerous, the owner or caretaker of the animal shall provide
written proof from a licensed veterinarian that the animal has been
spayed or neutered.
G.
Liability insurance. The owner or caretaker of a dangerous animal
shall present to the Enforcement Officer a certificate of insurance
that the owner or caretaker has procured liability insurance in an
amount not less than $1,000,000 for any personal injuries inflicted
by the dangerous animal. Whenever such policy is canceled or not renewed,
the insurer and animal's owner or caretaker shall notify the Enforcement
Officer of such cancellation or nonrenewal in writing by certified
mail.
I.
Notification.
(1)
The owner or caretaker shall notify the Enforcement Officer within
24 hours if a dangerous animal is at large, is unconfined, has attacked
another animal or has attacked a human being or has died.
(2)
No person may sell or transfer possession of a dangerous animal to
another person without first notifying the person to whom the dangerous
animal is being sold or transferred of the fact that such animal is
a dangerous animal and of any requirements imposed upon the selling
or transferring by this article. No person may sell or transfer possession
of a dangerous animal to another person, agency, organization or the
like without first notifying the Enforcement Officer, in writing,
at least three days in advance of the sale or transfer of possession
with the name, address and telephone number of the new owner of the
dangerous animal. If the dangerous animal is sold or given away to
a person residing outside the Village of Greenville, the owner or
caretaker shall present evidence to the Enforcement Officer that he
or she has notified the Police Department, or other law enforcement
agency of the animal's new residence, including the name, address
and telephone number of the new owner of the dangerous animal.
J.
Euthanasia. If the owner or caretaker of an animal that has been
designated a dangerous animal is unwilling or unable to comply with
the regulations for keeping the animal in accordance with this section,
he or she may have the animal humanely euthanized by an animal shelter,
the Humane Society or a licensed veterinarian.
Notwithstanding the definition of a dangerous animal in § 76-18:
A.
No animal may be declared dangerous if death, injury or damage is
sustained by a person who, at the time such injury or damage was sustained,
was committing a trespass on the land or criminal trespass on the
dwelling upon premises occupied by the owner of the animal; was teasing,
tormenting, abusing or assaulting the animal; or was committing or
attempting to commit a crime or violating or attempting to violate
an ordinance which protects persons or property.
B.
No animal may be declared dangerous if death, injury or damage was
sustained by a domestic animal which, at the time such was sustained,
was teasing, tormenting, abusing or assaulting the animal.
C.
No animal may be declared dangerous if the animal was protecting
or defending a human being within the immediate vicinity of the animal
from an unjustified attack or assault.
D.
No animal may be declared dangerous for acts committed by the animal
while being utilized by a law enforcement agency for law enforcement
purposes while under the control and direction of a law enforcement
officer.
A.
Not allowed in Village of Greenville. No person may bring into or
keep in the Village any animal that is prohibited dangerous under
this section.
B.
Determination of a prohibited dangerous animal.
(1)
The Enforcement Officer may determine an animal to be prohibited dangerous animal whenever an animal meets the definition of prohibited dangerous animal or is a dangerous animal in noncompliance with any of the provisions of § 76-20.
(2)
Upon finding an animal meets the definition of a prohibited dangerous
animal, the Enforcement Officer may issue an order declaring an animal
to be a prohibited dangerous animal. Whenever an owner or caretaker
wishes to contest an order, he or she shall, within 72 hours after
receipt of the order, deliver to the Enforcement Officer a written
objection to the order, stating specific reasons for contesting the
order. Upon receipt of the written objection, the matter shall be
placed on the agenda for the Board of Appeals to be reviewed at the
next regular meeting. The Board of Appeals shall act as a quasi-judicial
body allowing the animal's owner or caretaker an opportunity to present
evidence as to why the animal should not be declared a prohibited
dangerous animal.
(3)
Pending the outcome of the hearing, the animal may be confined subject
to § 173.21, Wis. Stats., or held at a location outside
the limits of the Village.
(4)
After the hearing, the owner or caretaker shall be notified, in writing, of the Board's determination. If a determination is made that the animal is a prohibited dangerous animal, the owner or caretaker shall comply with Subsection A of this section within five days of the date of determination. If the owner or caretaker further contests the determination, he or she may, within five days of receiving the Board's decision, seek review of the decision by the Circuit Court.
C.
Destruction. Any dog that has caused bodily harm to a person, persons
or a domestic animal on two separate occasions off the owner's premises,
without reasonable cause, may be destroyed as a result of a judgment
rendered by a court of competent jurisdiction, as specified under
§ 174.02(3), Wis. Stats. The Village Attorney may petition
an appropriate court to obtain a court order to destroy such a dog.
D.
Enforcement. The Enforcement Officer may take whatever inquiry is
deemed necessary to ensure compliance with this section.
E.
Waiver. The Enforcement Officer may waive the provisions of this
section for a law enforcement or military animal upon presentation
by the animal's owner or handler of a satisfactory arrangement for
safekeeping of the animal.
