[Amended 3-20-2018 by Ord. No. 8-2018]
This article hereby adopts the provisions of
§ 95.21 and Chapters 174 and 951, of the Wisconsin Statutes.
The provisions of this article shall be interpreted
to be the minimum requirements and shall be liberally translated in
favor of Green Lake County and shall not be deemed a limitation of
any power granted by the State of Wisconsin Statutes.
The provisions of this article shall apply to
all areas of Green Lake County, except cities, towns, or villages
within the County that have local health departments.
Words or phrases, unless specifically defined,
shall be interpreted as having the same meaning as they have in Wisconsin
Statutes, Wisconsin Administrative Codes and /or judicially interpreted
by Wisconsin case law.
ANIMAL
Includes every living warm-blooded and cold-blooded creature,
except for human beings.
ANIMAL AT LARGE
Any animal shall be deemed to be at large when off the property
of the owner and not under restraint or control.
ANIMAL CONTROL OFFICER
Any person designated by a government agency (county or township)
to enforce the adopted ordinances of the County and the state statutes,
as they pertain to animal control, except authority restricted to
humane officers under § 173.07, Wis. Stats.
ANIMAL SHELTER
Any facility operated by a humane society or municipal agency
or its authorized agents for the purpose of impounding and caring
for animals held under the authority of this article or state law.
CONFINED
The restriction of an animal at all times by the owner or
an agent of the owner to an escape-proof building, vehicle or other
enclosure.
DATCP
The Wisconsin Department of Agriculture, Trade, and Consumer
Protection.
DOMESTIC ANIMAL
Any animal which normally can be considered tame and converted
to home life or livestock.
DWELLING UNIT
A building, or portion thereof, designated or used exclusively
for residential purposes.
HEALTH OFFICER
The person with authority in the County or a municipality
for public health law enforcement and the implementation of public
health program activities, or duly designated representative of such
person.
KENNEL
Any premises wherein any person engages in the business of
boarding, breeding, buying, letting for hire, training for a fee or
selling of dogs.
OWNER
Any person who owns, harbors, or keeps a domestic animal
or owns or keeps any animal. Where an animal is kept by a family,
the head of the household shall be responsible for the requirements
of this article. Any animal shall be deemed to be harbored if it is
fed and/or sheltered.
PUBLIC NUISANCE
Any domestic animal or animals which engage in one or more
of the following:
A.
Molesting passersby or passing vehicles;
B.
Attacking persons or animals without provocation
when said persons or animals were peacefully conducting themselves,
where they were lawfully entitled to be;
C.
Trespassing on school grounds, parks, or cemeteries;
D.
Being repeatedly at large, where "repeatedly"
means at least two times;
E.
Damaging private or public property; or
F.
Barking, whining or howling in a continuous
manner for a time duration of one hour or longer.
QUARANTINE OR ISOLATION FACILITY
A humane society, shelter, veterinary hospital, municipal
pound or other place, which is equipped with a pen or a cage which
isolates one animal from contact with other animals.
[Amended 3-20-2018 by Ord. No. 8-2018]
RESTRAINT
Any animal secured by a leash, lead, or within the fenced
(underground/above the ground) property limits of the animal's owner
or leashed by a chain or other significant restraining device that
limits the animal to the property limits of the owner.
VETERINARIAN
A person who is currently licensed in the State of Wisconsin
to practice veterinary medicine.
VETERINARY HOSPITAL/CLINIC
Any establishment maintained and operated by a licensed veterinarian
for surgery, diagnosis and treatment of disease and injury of animals.
VICIOUS ANIMAL
Any animal that, when unprovoked, inflicts bites, injures,
kills or attacks a human being or domestic animal on either public
or private property. Two bite incidents occurring off the owner's
property constitutes a vicious animal, except:
A.
No animal may be declared vicious if death,
injury or damage is sustained by a person who, at the time such was
sustained, was committing a trespass of the land or a criminal trespass
of the dwelling upon the premises occupied by the owner of the animal
or was teasing, tormenting, abusing or assaulting the animal or was
committing or attempting to commit a crime or violating or attempting
to violate any ordinance which protects person or property.
B.
No animal may be declared vicious if death,
injury or damage was sustained by a domestic animal which, at the
time such was sustained, was teased, tormented, abused or assaulted.
C.
No animal may be declared vicious if the animal
was protecting or defending a human being within the immediate vicinity
from an unjustified attack or assault.
D.
No animal may be declared vicious for the act
committed by said animal, while being utilized by a law enforcement
agency for law enforcement purposes, while under the control and direction
of a law enforcement officer.
WILD ANIMAL
Any indigenous, warm-blooded mammal which is now or historically
has been found in the wild, including raccoon, skunk, fox, wolf, wolf-hybrid,
coyote or any other indigenous species meeting the definition of "animal."
Health care providers, attending physicians,
and attending veterinarians are required to report all incidents of
suspected and/or confirmed animal bites on persons in Green Lake County
within 24 hours to the Green Lake County Department of Health &
Human Services - Health Unit or the Green Lake County Sheriff's Department
so that the case can be appropriately investigated. This includes
bites occurring to the owner or immediate family. In the case that
no health care providers, physicians, or veterinarians are contacted,
the owner is responsible for the reporting the incident within 24
hours.
[Amended 2-17-2009 by Ord. No. 945-2009]
This article adopts the provisions of Chapter
95 and 951 of the Wisconsin Statutes, to address crimes against animals,
using clarifications and references provided by the State of Wisconsin
Humane Officer as a guideline in making such determinations. The County-appointed
Humane Officer shall attend, when possible, training as offered by
the Wisconsin Department of Agriculture, Trade, and Consumer Protection,
the National Animal Control Association, and the American Humane Association
directed at individuals investigating complaints. When possible, a
Wisconsin licensed veterinarian shall accompany complaint investigations
of animal abuse, neglect, and mistreatment.
All dead domestic animals shall be disposed
of in a manner pursuant to § 95.50, Wis. Stats. Animals
killed by motor vehicles shall not be included in this section. Animals
killed by motor vehicles will be disposed of in a manner outlined
by any present contracts for removal in place with the Wisconsin Department
of Transportation and Green Lake County or other arrangements.
Whenever the safety of the public shall require
it, the Green Lake County Health Officer, by posting notice published
in the local papers, may order that for a period of 20 days, from
and after the date of the notice, no dogs shall be permitted to go
abroad in any of the streets, roads, lanes, alleys, or public places
without being properly muzzled with a secure muzzle or being led by
a chain or other secure fastening.
[Added 6-21-2011 by Ord. No. 995-2011]
It is unlawful for any person to allow his or her domestic animal or animals to create a public nuisance as defined in §
103-8.
Any person violating any provision of this article
shall be subject to forfeitures as listed below. If any violation
continues, each day of continued violation shall be deemed a separate
violation.
A. Vaccination violation. Vaccination enforcement as
set forth in § 95.21, Wis. Stats. Any persons having a dog
with no verifiable current rabies vaccination shall pay a forfeiture
of not less than $50 or more than $100.
B. Quarantine violation. Failure to comply with quarantine
or to deliver an animal to an officer or isolation facility or veterinarian
shall be fined not less than $100 or more than $1,000 or imprisoned
not more than 60 days, or both.
C. Animal at large. An animal running at large shall be subject to a penalty as prescribed in §
103-4.
[Amended 2-16-2010 by Ord. No. 973-2010]
D. Other violations. Any person who violates any other provision except Subsections
A and
B, above, may be required to forfeit the following:
(1) First forfeiture: $25 to $200 plus court costs.
(2) Second forfeiture: $50 to $300 plus court costs.
(3) Third forfeiture: $100 to $400 plus court costs.
(4) Fourth forfeiture: $200 to $500 plus court costs.
(5) Fifth or subsequent forfeiture: $400 to $600 plus court costs, and the court may order the animal forfeited to a law enforcement or Animal Control Officer for impoundment as described in §
103-18A. The court may further order that the animal is an animal not reclaimed, thereby transferring property of the animal to the local government authority, as described in §
103-18E.
[Added 2-16-2010 by Ord. No. 973-2010]
[Amended 3-20-2018 by Ord. No. 8-2018]
This article may be enforced by issuance of
citations by the Green Lake County Sheriff's Office or the Green Lake
County Health Officer.