[Adopted 2-21-1995 by Ord. No. 565-95;
amended in its entirety 5-15-2007 by Ord. No. 916-07]
[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.
Includes every living warm-blooded and cold-blooded creature,
except for human beings.
Any animal shall be deemed to be at large when off the property
of the owner and not under restraint or control.
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.
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.
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.
The Wisconsin Department of Agriculture, Trade, and Consumer
Protection.
Any animal which normally can be considered tame and converted
to home life or livestock.
A building, or portion thereof, designated or used exclusively
for residential purposes.
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.
Any premises wherein any person engages in the business of
boarding, breeding, buying, letting for hire, training for a fee or
selling of dogs.
The Municipal Treasurer or its delegated collecting agent.
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.
Any domestic animal or animals which engage in one or more
of the following:
Molesting passersby or passing vehicles;
Attacking persons or animals without provocation
when said persons or animals were peacefully conducting themselves,
where they were lawfully entitled to be;
Trespassing on school grounds, parks, or cemeteries;
Being repeatedly at large, where "repeatedly"
means at least two times;
Damaging private or public property; or
Barking, whining or howling in a continuous
manner for a time duration of one hour or longer.
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]
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.[1]
A person who is currently licensed in the State of Wisconsin
to practice veterinary medicine.
Any establishment maintained and operated by a licensed veterinarian
for surgery, diagnosis and treatment of disease and injury of animals.
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:
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.
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.
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.
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.
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."
[1]
Editor's Note: The former definition of “trained individual,”
which immediately followed this definition, was repealed 3-20-2018
by Ord. No. 8-2018.
A.
Authority. This animal control article was adopted
by the Green Lake County Board pursuant to the administrative authority
granted for such ordinance by § 95.21, Wis. Stats.
B.
Administration. The administration of the Rabies Control
Program shall be under the Green Lake County Health Officer in cooperation
with the Green Lake County Sheriff's Department, the Green Lake County
Board of Supervisors, and the Green Lake County Board of Health, which
is the committee of jurisdiction.
C.
Quarantine and enforcement. Quarantine and enforcement shall be under
the direction of the Health Officer and/or the Green Lake County Sheriff's
Department, using written protocols. Unusual cases will necessitate
consultation with a veterinarian.
[Amended 3-20-2018 by Ord. No. 8-2018]
A.
Dog license taxes. The dog license taxes paid to the
County Treasurer shall be kept in a separate account and shall be
known as the "Dog License Fund," which shall be appropriated and disbursed
for the proposes and in the manner following:
(1)
On an annual basis after receipt of the same, the
County Treasurer shall pay to the State Treasury 5% of the minimum
tax provided for under § 174.05(2), Wis. Stats., of all
dog license taxes;
(2)
Expenses necessarily incurred by the County in purchasing
books, forms and other supplies required in the administering of the
dog license law;
(3)
Expenses incurred by the County under § 95.21(4)(b)
and (8), Wis. Stats.; and
(4)
Expenses incurred by the County Pound, the Humane
Society or other organization designated to provide a pound for collecting,
caring for, and disposing of dogs if the owner of the animal is unknown
or the owner is exempted from payment of the costs by the Health Officer.
B.
Surplus funds. Any amount remaining in the fund after
deducting the above expenses shall be made available for and may be
used as far as necessary for paying claims allowed by the County to
the owners of domestic animals, for damages done by dogs during the
license year for which taxes were paid. These claims are limited to
$1,000 per incident. In addition, no claim shall be paid to any person
who has failed to obtain a license for a dog that is required to be
licensed.
[1]
Editor's Note: Former §§ 103-11, Veterinarian, and
103-12, Trained individuals, were repealed 3-20-2018 by Ord. No. 8-2018.
A.
Dog license. Except as provided in § 174.054, Wis. Stats., the owner of a dog more than five months of age on January 1 of any year or five months of age within the license year shall annually, on or before the date the dog becomes five months of age, pay the dog license fee as provided in § 174.05, Wis. Stats., and obtain a dog license. Any license-eligible dog obtained during the license period or brought into the County must be licensed within 30 days of obtaining the animal or bringing the animal into the County. The license year commences on January 1 and ends on the following December 31. Proof of rabies vaccination in the form of a signed certificate from a veterinarian (see § 103-13D, below) shall be presented at the time of licensing to the city, village, town treasurer or County Clerk issuing the license pursuant to §§ 174.05 and 174.07, Wis. Stats. The licensing person shall prepare the report to the County Clerk as prescribed in § 174.08, Wis. Stats.
B.
Kennel license. A single owner having possession of
five or more adult dogs shall be required to obtain a kennel license.
Such owner shall pay the license fee as prescribed by the County pursuant
to § 174.053, Wis. Stats. The applicant must present current
certificates of rabies vaccination for all dogs prior to license issuance.
Tags shall be issued for all dogs pursuant to § 174.07,
Wis. Stats.
[Amended 4-17-2018 by Ord. No. 9-2018]
(1)
Kennel inspections.
(a)
Kennels licensed by the state must have an inspection performed
by DATCP based on DATCP's requirements.
(b)
Kennels not licensed by the state must have an initial inspection
prior to the first kennel license by the local health department meeting
the requirements of ATCP Ch. 16.
[1]
Inspection fees will be posted at the Health Department, if
applicable.
[2]
Kennels must pay reinspection fees as posted at the Health Department
for any required reinspection if the inspector has to return after
a routine inspection to verify that violations have been corrected.
A license will not be renewed without reinspection fees.
[3]
Uncorrected violations will be reported to law enforcement or
the County humane officer.
C.
Rabies vaccination.
(1)
Initial vaccination. The owner of a dog shall have
the animal vaccinated by a veterinarian by five months of age. An
owner who imports a dog into Green Lake County that has reached months
of age must have the dog vaccinated as evidenced by a current certificate
of rabies vaccination from this state or another state. All veterinarians
practicing in Green Lake County shall adopt the standard legal description
for a rabies tag as defined by the National Association of State Public
Health Veterinarians.
(2)
Revaccination. The owner of a dog shall have the animal
revaccinated:
D.
Rabies vaccination certificate. This article adopts
the provisions of § 95.21(2)(b) of the Wisconsin Statutes.
A.
Definitions. In this section, the term "animal" shall
mean every warm-blooded creature, except for human beings.
B.
Quarantine or sacrifice of an animal suspected of
biting a person or being infected or exposed to rabies.
(1)
An officer shall order a dog or cat quarantined if
the officer has reason to believe that the animal bit a person, is
infected with rabies or has been in contact with a rabid animal. If
the quarantine cannot be imposed because the dog or cat cannot be
captured, the officer may kill the animal. The officer may kill a
dog or cat only as a last resort or if the owner agrees. The officer
shall attempt to kill the animal in a humane manner and in a manner
which avoids damage to the animal's head.
(2)
An officer may order killed or may kill an animal
other than a dog or cat if the officer has reason to believe that
the animal bit a person or is infected with rabies.
(4)
An officer who kills an animal shall deliver the carcass
to a veterinarian or local Health Department, as defined in § 250.01(4)
of the Wisconsin Statutes. The veterinarian or local Health Department
shall prepare the carcass, properly prepare and package the head of
the animal in a manner to minimize deterioration, arrange for delivery
by the most expeditious means feasible of the head of the animal to
the state laboratory of hygiene and dispose of or arrange for the
disposal of the remainder of the carcass in a manner which minimizes
the risk of exposure to any rabies virus.
C.
Quarantine of a dog or cat.
(1)
Delivery to isolation facility or quarantine on premises
of owner. An officer who orders a dog or cat to be quarantined shall
deliver the animal or shall order the animal delivered to an isolation
facility as soon as possible, but no later than 24 hours after the
original order is issued, or the officer may order the animal to be
quarantined on the premises of the owner if the animal is immunized
currently against rabies as evidenced by a valid certificate of rabies
vaccination or other evidence.
(2)
Health risk to humans. If a dog or cat is ordered
to be quarantined because there is reason to believe that the animal
bit a person, the custodian of an isolation facility or the owner
shall keep the animal under strict isolation under the supervision
of a veterinarian for at least 10 days after the incident occurred.
"Supervision of a veterinarian" includes, at a minimum, examination
of the animal on the first day of isolation, on the last day of isolation,
and on one intervening day. If the observation period is not extended
and the veterinarian certifies that the dog or cat has not exhibited
any signs of rabies, the animal may be released from quarantine at
the end of the observation period.
(3)
Risk to animal health.
(a)
If a dog or cat is ordered to be quarantined
because there is reason to believe that the animal has been exposed
to a rabid animal and if the dog or cat is not currently immunized
against rabies, the custodian of an isolation facility or the owner
shall keep the animal leashed or confined for 180 days. The owner
shall have the animal vaccinated against rabies between 155 and 165
days after the exposure to a rabid animal.
(b)
If a dog or cat is ordered to be quarantined
because there is reason to believe that the animal has been exposed
to a rabid animal but if the dog or cat is immunized against rabies,
the custodian or an isolation facility or the owner shall keep the
animal leashed or confined for 60 days. The owner shall have the animal
revaccinated against rabies as soon as possible after the exposure
to a rabid animal.
(4)
Sacrifice of a dog or cat exhibiting symptoms or rabies.
If a veterinarian determines that a dog or cat exhibits symptoms or
rabies during the original or extended observation period, the veterinarian
shall notify the owner and the officer who ordered the animal quarantined
and the officer or veterinarian shall kill the animal in a humane
manner and in a manner which avoids damage to the animal's head. If
the dog or cat is suspected to have bitten a person, the veterinarian
shall notify the person or the person's physician.
|
NOTE: All suspected animals are assumed to be
rabid unless proven negative for rabies by the State Lab of Hygiene.
|
D.
The owner of any animal involved in a bite/scratch
incident is responsible for any expenses incurred in connection with
keeping the animal in an isolation facility, supervision and examination
of the animal by a veterinarian, preparation of the carcass for laboratory
examination, and the fee for the laboratory examination. If the owner
is unknown, the County is responsible for these expenses.
E.
Failure of the owner to deliver an animal to a veterinarian
or place quarantine as directed within 24 hours shall be grounds for
a judge to issue an order authorizing the Animal Control Officer or
responsible agency to seize said animal and make such delivery as
intended at the owner's expense.
F.
Any police, trained individual, or Animal Control
Officer with reasonable cause to believe an animal has bitten/scratched
a person, or has bitten/scratched or been bitten/scratched by another
animal, shall issue a quarantine. A quarantine may be delivered by
personal service, registered mail (with a minimum verbal notice prior,
to insure notification of animal owner to have animal examined or
quarantined within 24 hours of the incident) or by posting a quarantine
sign in a minimum of two conspicuous places on the property.
[1]
Editor's Note: Former § 103-15, Local alternative rabies
control program (Pursuant to Ch. ATCP 13), was repealed 3-20-2018
by Ord. No. 8-2018.
A.
Restraint. All owned animals shall be kept under restraint
and shall not be permitted to run at large.
B.
Animal nuisance. All owners shall exercise care and
control of their animals to prevent them from becoming a public nuisance.
C.
Declaration of a vicious animal. The Animal Control
Officer of the County or township or any law enforcement officer,
after conducting an investigation into the circumstances surrounding
an unprovoked attack, is hereby empowered to declare an owned animal
in question vicious. The owner of the animal shall be served personally
or by certified mail, with return receipt requested, with an order
declaring the animal vicious. Any owner aggrieved by said order may
petition to the Green Lake County Board of Health for review of the
order. Upon receipt of the petition, the Board shall schedule and
conduct a hearing in conformance with Ch. 227, Wis. Stats. After the
hearing, the owner shall be notified in writing of the determination.
If the owner or caretaker of the animal contests the determination,
he/she may (within 30 days) seek review of the decision by the Circuit
Court.
D.
When an animal has been declared vicious, the owner
shall comply with the following:
(1)
While on the owner's or caretakers's property, the
animal must be either securely confined indoors or in a securely enclosed
and locked pen or structure, suitable to prevent the entry of young
children and designed to prevent the animal from escaping. The pen
or structure must be constructed with chain link fencing on all four
sides and the top. If the pen or structure has no bottom secured to
all four sides, the sides of the pen must be imbedded in the ground
no less than two feet, or have a concrete pad for the bottom or securely
confined using a material of sufficient tensile strength to adequately
confine the animal without risk of breaking if the animal is large
and aggressive. While off the owner's or caretaker's premises, the
vicious animal must be muzzled and restrained by a suitable chain
or leash not exceeding four feet in length and under the control of
the owner or the owner's immediate family of at least 16 years of
age. The muzzle must be made in a manner that will not cause injury
to the animal or interfere with its vision or respiration but must
prevent it from biting any person or animal.
(2)
All owners or caretakers of vicious animals shall
display, in prominent places on their premises, near all entrances
to the premises, signs in letters of not less than two inches high
using the words "Warning - Vicious Animal." A similar sign is required
to be posted on the kennel or pen of the animal.
(3)
No person shall sell or transfer possession of a vicious
animal to another person without first notifying the person to whom
the vicious animal is being sold or transferred of the fact that the
animal has been deemed a "vicious animal."
(4)
The owner of a vicious animal shall be required to
show the Administrator proof of excess liability insurance coverage
or proof that his or her homeowner's policy will cover future injuries.
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.
A.
Unrestrained animals. Unrestrained animals shall be
taken by a law enforcement or Animal Control Officer and impounded
in a temporary or permanent animal shelter and confined in a humane
manner. Where needed, the officer should seek appropriate court approval.
B.
Public nuisance. When an animal is causing a public
nuisance and its owner cannot be contacted at the time of complaint,
it may be impounded by a law enforcement officer or a designated Animal
Control Officer after an attempt has been made to contact the owner
or if the owner is unknown. After impoundment, reasonable attempts
shall be made to contact the owner. Animals kept within a premises
can only be removed with appropriate court approval.
C.
Lawful killing of an animal. A person may kill a dog
or domestic animal if that person, or domestic animal owned by that
person while on that person's property, is threatened with serious
bodily harm. The animal may be destroyed providing that other restraining
actions have failed and/or immediate action is necessary.
D.
Reclaiming an impounded animal. An owner reclaiming
an impounded animal shall pay the accrued impoundment and boarding
fees and comply with the license and vaccination requirements of this
article.
E.
Animals not reclaimed. Any animal not reclaimed by
its owner within seven days becomes the property of the local governmental
authority and shall be placed for adoption in a suitable home or humanely
euthanized, preferably by lethal injection. Cost for impounding and
euthanization shall be at the owner's expense.
|
NOTE: An animal owner aggravated by such quarantine
may, within 30 days, petition the County Board of Health for a hearing.
The Board shall conduct a hearing within 10 days after receiving the
petition to determine if the quarantine shall remain in effect or
be withdrawn. The Department of Agriculture, Trade, and Consumer Protection,
Division of Animal Health, the State of Wisconsin Humane Officer and/or
the Wisconsin Department of Health and Family Services, the Division
of Health office in charge of the State Rabies Program, or a Wisconsin
licensed veterinarian shall be consulted for a determination based
on the circumstances of the incident and the animal(s) species involved.
The quarantine remains in effect until after the hearing unless properly
released pursuant to this article.
|
[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.
A.
The owner or person having immediate control of an
animal shall promptly remove and dispose of, in a sanitary manner,
any excreta left or deposited by the animal upon public or private
property. This shall be inapplicable in cases in which a person is
being assisted by assistance dogs, a Seeing Eye Dog, or in the case
of the transportation animals or the transport of animals.
B.
All pens, yards, structures, or areas where animals
are kept shall be maintained in a nuisance-free manner as defined
by § 951.14(4), Wis. Stats. Droppings and manure shall be
removed regularly and disposed properly so not to significantly attract
insects or rodents.
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.
A.
Civil and criminal provisions. This article shall
be enforced by the Green Lake County Health Officer or any other law
enforcement persons.
B.
Interference with officer. Law enforcement agency
personnel are authorized to catch and impound animals at large, with
such authorization to include the pursuit of animals upon non-animal-owner
private property. It shall be a violation of this article to interfere
with the Animal Control Officer, law enforcement officer, or Green
Lake County Department of Health & Human Services - Health Unit
employee in the performance of his or her duties.
[Amended 3-20-2018 by Ord. No. 8-2018]
C.
Tampering with signs. Anyone tampering with signs
posted pursuant to this article shall be subject to forfeiture.
D.
Release of animal. Only authorized persons or persons
receiving proper authorization have the authority to release an animal
from a pen, cage or holding facility.
E.
Dangerous animals. A Wisconsin licensed veterinarian
shall be consulted and/or utilized to assist in tranquilizing or otherwise
handling dangerous animals.
F.
Referrals to authorities. Nothing in this article
shall prevent the Health Officer or designee from referring violations
of this article, state laws, or federal laws to the appropriate authorities.
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[1]]
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.
