[Adopted 2-19-2008 by Ord. No. 1-08]
This article shall be known and cited as the
"Price County Animal Welfare and Control Ordinance."
The purpose of this article is to promote the
health, safety and general welfare of animals and the people around
them by requiring that animals be cared for in such a manner that
they will not become a public nuisance, requiring that animals be
properly fed, sheltered and cared for, requiring the removal of animal
defecation from public property and ensuring licensing and rabies
vaccination of all dogs in Price County.
As used in this article, the following terms
shall have the meanings indicated:
The act of any person who:
Abandons an animal by leaving an animal unattended
for a period of time in excess of 24 hours without food, water, adequate
ventilation or shelter on public or private property, including but
not limited to the property of the owner/custodian;
Puts out, leaves, abandons, or in any other
way discards any animal on public or private property, including but
not limited to the property of the owner/custodian, and including
but not limited to leaving an animal contained in a box, bag, fence,
house or other structure or tethered; or
Places an animal in the custody of state-licensed
entity, such as but not limited to a veterinary clinic, grooming facility,
boarding facility, or pet sitter, for treatment, boarding, or other
care and fails to reclaim the animal by the agreed upon time.
Any animal that has been harmed by an act, an omission or
neglect, including but not limited to any animal that has been:
Sufficient; commensurate; equally efficient; equal to what
is required; suitable to the case or occasion; satisfactory.
Any mammal, reptile, amphibian, fish, bird (including all
fowl and poultry) or any animal commonly accepted as a part of the
animal kingdom. Animals shall be classified as follows:[1]
Domestic. "Domestic animals" shall mean those
animals as are habituated to live in or about the habitations of human
beings and which are kept, cared for, sheltered, fed or harbored for
use as a pet or as a source of food, raw materials, or income. Unless
otherwise defined, such animals shall include dogs, cats, caged birds,
gerbils, hamsters, guineas pigs, domesticated rabbits, fish, nonpoisonous,
nonvenomous and nonconstricting reptiles or amphibians, members of
the equine family or bovine family, sheep, poultry, fowl, swine, goats,
bees, and other similar animals.
Nondomestic. "Nondomestic animals" shall mean
those animals commonly considered to be naturally wild and not naturally
trained or domesticated or which are commonly considered to be inherently
dangerous to the health, safety, and welfare of people. Unless otherwise
defined, such animals shall include:
Any member of the large cat family (family felidae),
including lions, tigers, cougars, bobcats, leopards and jaguars, but
excluding commonly accepted domesticated house cats.
Any naturally wild member of the canine family
(family canidae), including wolves, foxes, coyotes, dingoes, and jackals,
but excluding commonly accepted domesticated dogs.
Any crossbreeds such as the crossbreed between
a wolf and a dog, unless the crossbreed is commonly accepted as a
domesticated pet.
Any member or relative of the rodent family,
including any skunk (whether or not descented), raccoon, or ferret,
but excluding those ferret members otherwise defined or commonly accepted
as domesticated pets.
Any poisonous, venomous, constricting, or inherently
dangerous member of the reptile or amphibian family, including rattlesnakes,
boa constrictors, pit vipers, crocodiles and alligators.
Any physical contact of the teeth of the animal with human
flesh, including but not limited to a puncture, pierce, scratch or
tear.
Bites are classified alphanumerically. The alpha designation
indicates the victim, geographic location, and if the animal has bitten
previously. The numeric designation indicates severity, with one the
least severe and five the most severe.
Section I – Victim.
|
H
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=
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Human
| |
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D
|
=
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Other animal (domestic)
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W
|
=
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Other animal
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IIon II — Confined/Stray.
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C
|
=
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Confined at the time of the bite
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S
|
=
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Stray, roaming, off property, or not legally
restrained
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IIIn III — Repeat Biter.
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R
|
=
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Repeat biter, previous information on file
| |
|
O
|
=
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No previous bites
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IVon IV – Bite Severity.
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1.
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Minor scratch
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2.
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Minor punctures (4 or fewer)
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3.
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Moderate puncture
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4.
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Severe puncture (4 or more), deep, may include
crushing or tears from shaking broken bones.
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An individual authorized by local law or by Price County
to carry out the duties imposed in this article.
Those facilities designated by Price County for the housing
and care of animals pursuant in this article.
An individual or entity that keeps and/or breeds animals
in conditions where animals are frequently caged for extended periods
of time, do not receive adequate care, and/or are not kept in a environment
conducive to the health and well-being of the animals.
Those facilities designated by Price County for the housing
and care of animals pursuant to this article.
[Added 9-17-2019 by Ord.
No. 3-19]
Any animal which poses a physical threat to human beings
or to other animals by virtue of an attack that caused property damage
and/or bodily harm. An animal shall not be an "attacking or biting
animal" within the meaning of this article if:
[Amended 4-21-2015 by Ord. No. 1-15]
It inflicts an injury upon a person when the
animal is being used by a law enforcement officer to carry out the
law enforcement officer's official duties.
The injury inflicted by the animal was sustained
by a person who, at the time, was committing a willful trespass or
other tort; was tormenting, abusing or assaulting the animal; had
in the past been reported to have tormented, abused or assaulted the
animal; or was committing or attempting to commit a crime.
Sufficient quantity of dry, noncontaminated, safe bedding,
which is appropriate to the animal's age, size, species, and breed
requirements.
A person or entity that owns an animal and allows it to reproduce,
whether planned or unplanned.
Attention to the needs of an animal, including but not limited
to the provision of adequate water, food, shelter, bedding, sanitary
conditions, ventilation, heating/cooling (temperature control), space,
exercise, and veterinary medical attention necessary to maintain the
health of the animal with regard to the specific age, size and breed
of animal.
Restriction of an animal to a home, basement, garage, building,
pen, or other escape-proof enclosure. Confinement by a rope, chain,
tether, fenced yard or other area accessible by other animals or persons,
other then the caretaker, is not considered confinement.
Confiscation costs on dangerous dogs or vicious animals are
set by Price County and shall be paid by the owner to Price County.
Any dog that, according to the records of the
County, has without provocation either inflicted body harm on a human
being on public or private property or bitten, attacked or endangered
the safety of humans after the dog has previously bitten others. The
owner will be notified of such classification.
A dog shall not be a dangerous dog within the
meaning of this article if:
The dog inflicts an injury upon a person when
the dog is being used by a law enforcement officer executing official
duties.
The injury inflicted by the dog was sustained
by a person who, at the time, was committing a willful trespass or
other tort; was tormenting, abusing, or assaulting the dog; had in
the past been reported to have tormented, abused or assaulted the
dog; or was committing or attempting to commit a crime.
A deceased domestic animal, including the carcass or parts
of a carcass.
The sale of any live animal at public or private
sale, the giving or adopting of a live animal to an individual/entity,
or the transference of ownership of a live animal to Price County
or any licensed humane society, licensed rescue group or licensed
veterinarian.
Appropriate burial or cremation of a dead animal
as directed in this article.
An outflow or discharge of waste.
The legal act of putting animals to death using humane methods
approved by the Wisconsin Department of Agriculture, Trade and Consumer
Protection or at the discretion of law enforcement to end the suffering
of an animal.
Bodily exertion suitable to the age, size, species and breed
of animal to maintain normal good health, muscle tone, nonaggressive
temperament, and normal behavior.
Any animal that is not normally domesticated in the United
States or any animal that is generally recognized as a nondomesticated
animal.
[Added 4-18-2023 by Ord.
No. 2-23]
A structure of wire, wood, stone or other materials, including
invisible fencing, which is of sufficient height and strength to act
as a barrier against the passage of the animal it is intended to enclose.
Any animal that has been bred and/or trained to:
Exhibit aggressive qualities.
Have no instinct to withdraw from a fight or
to display signs of submission.
Fight to the point of complete exhaustion or
death with minimal provocation.
Suppress the animal's instinct for self-preservation.
Inflict maximum damage to the animal's opponents.
Offer little or no indication that an attack
is imminent before attacking.
Be ready/willing for combat and unyielding in
combat.
Sufficient quantity of noncontaminated and nutritionally
adequate food, fed according to age, size, species and breed requirements,
or as directed by a veterinarian, which is sufficient to prevent starvation,
malnutrition or risk to the animal's health. Garbage or spoiled/rancid
food is not considered adequate food.
All refuse matter/effluent. "Garbage" includes but is not
limited to animal or vegetable refuse, by-product of a restaurant,
kitchen, or meat/poultry processing establishment, spoiled/rancid
food and refuse accumulation of animal, fruit, or vegetable matter,
liquid or otherwise (that is normally discarded). For the purpose
of this article commercial feed for any animal that is prepared with
vegetable or animal by-products is not part of this definition.
A manufactured type of wood, plastic, or wire flooring specifically
designed to be used in an area where an animal is housed.
Any animal owner or harborer, who within any three-year period is convicted of three or more violations of domestic animal related offenses under Chapter 223 of the Price County Code. The controlling date is the date of each violation, not the date of the plea entered or the date of conviction resulting therefrom.
[Added 4-18-2023 by Ord.
No. 2-23]
The Price County Health and Human Services or its authorized
representatives, which shall include officers of the Price County
Sheriff's Department.
The Price County Director of Health or a duly designated
representative of the Price County Health and Human Services Department.
A person or entity that:
Collects animals and fails to provide them with
humane/adequate care;
Collects dead animals that are not properly
disposed of as required by this article; or
Collects, houses, or harbors animals in filthy,
unsanitary conditions that constitute a health hazard to the animals
being kept and/or to the animals or residents of adjacent property.
An individual authorized by local law or by Price County
to carry out the duties imposed in this article.
[Added 9-17-2019 by Ord.
No. 3-19]
The taking into custody of an animal by Price County.
Any premises where a person owns or engages in the business,
service or hobby of boarding, breeding, buying, selling, letting for
hire or trading more than 12 adult dogs per year solely on one premises
or a combination of premises.
The breeding or selling of more than one litter, per owner or
business, per premises per year.
The municipality (township, village or city treasurer) or
its delegated collecting agent.
An animal used to bait/teach/encourage another animal to
chase, fight or kill other animals.
Absence of adequate care that is unintentional.
The intentional withholding of adequate food, water and humane
care required by an animal to prevent starvation, dehydration, death,
or other harmful/debilitating conditions.
Any animal that:
Damages, soils, defiles, eliminates or defecates
on private property other than its owner's property or on public property;
Causes unsanitary or offensive conditions or
otherwise endangers public health, welfare or safety;
Has had repeated verified complaints to law
enforcement on noise disturbance because of barking;
Repeatedly chases vehicles, bicycles, or people;
Is in estrus and not confined in a manner which
can keep it away from intact males of the same species; or
Causes serious annoyance to a neighboring residence
and interferes with the reasonable use and enjoyment of that property.
Any person owning, possessing, harboring, keeping or having
custody or control of any animal subject to this article. This definition
is intended to embrace any person who is a custodian.
Any structure or device used to restrict an animal to a limited
amount of space, such as a fence, building, room, pen, run, cage,
stall, paddock, or pasture that provides adequate space and shelter.
An enclosure for keeping a dangerous dog or vicious animal
securely confined indoors or in a securely enclosed and locked pen,
fence, or structure suitable to prevent the entry of another animal
or any person other than the owner or caretaker. The enclosure must:
Be designed to prevent the animal from escaping
and:
If the enclosure is a fence, the fence must
be high enough to keep the animal from climbing over and must be secured
at the bottom to keep the animal from digging under.
If the enclosure is a pen or structure other
than a fence, the pen or structure must have secure sides, top and
bottom constructed or secured in such a manner to prevent the animal's
escape and be of a height and strength to maintain the animal within
it.
Provide adequate shelter.
Provide adequate space for the animal.
An attack resulting when a domestic animal is placed in a
situation such that an expected reaction would be to bite or attack.
Written transfer of ownership of an animal by the owner to
Price County.
A dog, cat, or other animal temporarily maintained by a licensed
rescue group until the animal can be placed in a permanent home.
Any individual or entity that houses and cares for rescue
animals until permanent homes can be located and that maintains all
required federal, state and local licenses/registrations.
Complete and immediate control of an animal by a physical
device while under the direct supervision of a competent person.
Any domestic animal is considered to be running at large
if it is off the premises of its owner and not under control of the
owner or some other person.
The transfer of ownership of an animal through verbal or
written agreement to a new owner in exchange for money, goods, services,
or fees.
Animal living space free from health hazards, irritants,
or conditions that may endanger or pose a significant risk to an animal's
health. In the case of farm animals, nothing in this section shall
be construed as imposing sanitation requirements or standards more
stringent than normally accepted animal husbandry and humane practices
as defined by this article and Wisconsin state law as regulated by
the Wisconsin Department of Agriculture, Trade and Consumer Protection.
Any physical injury resulting in any of the following:
Protective cover for a domestic animal appropriate for the
species and providing adequate space to maintain the animal in good
health, which also prevents pain, suffering or a significant risk
to the animal's health.
Adequate shelter includes but is not limited
to the following:
Sufficient coverage and insulation (depending
on the breed) to protect an animal from extreme hot and cold temperatures;
Sufficient protection from the elements to keep
the animal dry;
Sufficient shade and ventilation to prevent
an animal from overheating and/or dehydrating; and
Adequate bedding or resting area suitable for
the breed, species, age, size, and medical condition of the animal.
Materials not suitable for shelters include
but are not limited to:
Inadequately insulated containers;
Crates with exposed sharp edges;
Metal;
Abandoned or parked vehicles;
Open porches or decks;
Any other structure that fails to provide sufficient
protection from the elements; and
Any other structure that is not safe or suitable
for housing the species.
Sufficient safe space for adequate exercise
suitable to the age, size, species and breed of animal;
Sufficient space during periods of confinement,
suitable to the age, size, species and breed of animal, to permit
the animal to turn about freely, stand, sit, or lie, move, etc., in
a comfortable and normal position; or
For sick or injured animals, confinement as
directed by a veterinarian.
Maintaining temperatures recommended for animals by the Department
of Agriculture, Trade and Consumer Protection guidelines for shelters
and farm animals. Temperature does not necessarily mean heated buildings
or air-conditioned buildings. Temperature should be appropriate for
the breed of animal.
Any chain, rope, leash, tie out or wire designed to restrain
an animal which is attached to an animal's collar or halter and is
also attached to a stationary object. Acceptable temporary tethers
include an appropriate size chain, leash, rope or other tethering
device that is of adequate length to satisfy the space and exercise
requirements for the animal. Tethering devices, as referred to in
this article, are the type commonly used for the size animal involved
and are attached to the animal by means of a properly fitted collar
or harness with a swivel attachment to prevent entanglement. The animal
should have sufficient space to exercise at least 10 feet in diameter.
An attack that is not provoked as defined by this article.
Animal living space, including shelter and exercise area,
contaminated by health hazards, irritants, items or conditions that
endanger or pose a risk to an animal's health, including but not limited
to:
Excessive animal waste;
Garbage, trash or effluent;
Standing water or mud (this is not the usual
spring mud unless other conditions exist);
Rancid/contaminated food or water;
Fumes, foul or noxious odors, contaminated air,
hazardous chemicals or poisons;
Decaying materials (this does not include dry
bedding appropriate for the breed);
Uncontrolled parasite or rodent infestation;
and
Areas that contain nails, screws, broken glass,
broken boards, pits, poisons, sharp implements or other items that
could cause injury, illness or death to an animal.
Fresh air sufficient to provide for the health of an animal.
A doctor of veterinary medicine licensed to diagnose and
treat diseases and injuries in animals.
Medical care of an animal from or under the direction of
a licensed veterinarian and necessary to maintain the health of an
animal based on the age, species, breed, etc., of the animal or to
prevent an animal from suffering from ongoing infections, infestation
of parasites, disease, or any other medical condition/injury where
withholding or neglecting to provide such care would:
A business facility where veterinary medicine is practiced.
Any animal which:
Constitutes a physical threat to human beings
or other animals by virtue of an attack of such severity or intensity
as to cause severe property or physical damage;
Makes an unprovoked attack on animals or on
human beings; or
Intentionally attacks physical property in an
effort to cause harm to a human or other animal.
An animal shall not be a vicious animal within
the meaning of this article if:
It inflicts an injury upon a person when the
animal is being used by a law enforcement officer carrying out official
duties; or
The injury inflicted by the animal was sustained
by a person who was committing a willful trespass or other tort; was
tormenting, abusing or assaulting the animal; had in the past been
reported to have tormented, abused or assaulted the animal; or was
committing or attempting to commit a crime.
Clean, fresh water sufficient to prevent dehydration, properly
sustain health, and prevent significant risk to the animal's health.
For the purposes of this article, snow, ice or rancid/contaminated
water is not considered adequate water. The use of baited water in
the winter is an acceptable practice.
Any warm- or cold-blooded animal that can normally be found
in the wild state, habitat, woods, or wilds, including, but not limited
to, any nonhuman primate, raccoon, skunk, fox, wolf, coyote, poisonous
snake, leopard, panther, tiger, lion, lynx, bear, badgers, otters,
muskrats, or prairie dogs.
[Added 4-18-2023 by Ord.
No. 2-23]
[Amended 4-18-2023 by Ord. No. 2-23]
It is required that all owners 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, or on or before the date
the dog becomes five months of age, pay the dog license fee and obtain
a license. As part of the requirement of obtaining a dog license the
owner of a dog shall have the dog vaccinated against rabies by a veterinarian
within 30 days after the dog reaches five months of age and revaccinated
within one year after the initial vaccination. If the owner obtains
the dog or brings the dog into Price County after the dog has reached
five months of age, the owner shall have the dog vaccinated against
rabies within 30 days after the dog is obtained or brought into the
County, unless the dog has been vaccinated as evidenced by a current
certificate of rabies vaccination from another county within this
state or another state. The owner of a dog shall have the dog revaccinated
against rabies by a veterinarian before the date that the immunization
expires as stated on the certificate of vaccination or, if no date
is specified, within three years after the previous vaccination.
[Amended 9-17-2019 by Ord. No. 3-19]
It shall be unlawful to interfere with any humane
officer/law enforcement officer by taking or attempting to take any
animal from any vehicle used to transport such animal, or by taking
or attempting to take any animal from the animal control impounding
areas, or by any other method which would block or hinder any officer
referred to in this section from performing his duties.
A.
It shall be unlawful for any person who owns or is
caring for an animal which has died or has been killed to abandon
the animal, its parts, or blood. Under no conditions may dead animals
be abandoned at any location, including but not limited to in wells
or open pits of any kind on private or public land.
B.
No person shall dispose of any animal carcass, blood
or remains of an animal on the land of another without the permission
of the owner of the land.
[Amended 4-18-2023 by Ord. No. 2-23]
C.
No person shall deposit or throw or allow to be deposited
or thrown into any stream, lake or swale or leave or deposit or cause
to be left or deposited upon any public highway or other place the
carcass of any animal, or deposit or leave or permit to be deposited
or left upon any premises under that person's control any dead animal
exposed in such a manner as to be reached by dogs or wild animals
for a longer period than 24 hours in the months of April to November
or 48 hours during the months of December to March.
D.
Recommended means of disposal of a carcass is by rendering,
burial, burning, and landfilling. Rendering of livestock at a licensed
rendering plant or cremation by a licensed veterinarian is preferred.
[Amended 4-21-2015 by Ord. No. 1-15; 4-18-2023 by Ord. No. 2-23]
When, in the opinion of the Health Officer or
veterinarian, an animal in the custody of Price County is:
A.
Diseased or injured and in need of immediate treatment
so as to lessen the animal's suffering or to prevent the spread of
communicable disease, the Health Officer or designee shall immediately
obtain the services of or place the animal with a licensed veterinarian
for the purpose of administering necessary treatment.
B.
Suffering needlessly due to a life-threatening disease
or injury, and a licensed veterinarian recommends euthanasia as the
most humane course of action, and the Health Officer or designee agrees
that the best interest of the animal would be served by euthanizing
the animal, then the animal shall be humanely euthanized regardless
of whether or not the normally required impoundment period has expired.
The owner of any animal shall be in violation of this article if the animal exhibits any behavior or engages in any activity as defined in the definition of "nuisance animal" in § 223-19.
[Amended 4-21-2015 by Ord. No. 1-15; 4-18-2023 by Ord. No. 2-23]
A.
It shall be unlawful for any person to have or possess a dangerous dog without notification to the Price County Sheriff's Office. "Dangerous dog" defined as such under § 223-19.
B.
Requirements of keeping dangerous dog.
C.
Right to inspect. The Price County Health and Human
Services Department shall have the right to inspect, randomly and
without notice, a dangerous dog which is required to be confined pursuant
to this section in its environment. Permission of the owner or person
with custody of the animal confined shall not be unreasonably withheld.
D.
Notice to County Sheriff's Department.
(1)
The
owner of a dangerous dog shall notify the Price County Sheriff's Department
within 24 hours if the dog is loose, unconfined, has attacked a human,
has died, or has been sold or donated. If the dog has been sold or
donated, the owner shall provide the Price County Health and Human
Services Department with the name, address, and telephone number of
the new owner of the dog and notify the new owner of the designation.
(2)
The
owner of a dangerous dog shall notify the Price County Sheriff's Department
within 10 days if the owner is moving within Price County's jurisdiction
or out of the County.
E.
Violations. Any person who releases a dangerous dog
either willfully through failure to exercise due care or control or
who takes such animal out of such proper enclosure in such a manner
which is likely to cause injury to another person or damage to the
property of another person shall be in violation of this article.
A.
General control.
(1)
It shall be unlawful for the owner of any animal (see the definition of "animal" in § 223-19) to permit such animal to be out of his immediate control, or to be left unattended off the premises of the owner, or to be upon the property of another person without the permission of the owner or person in possession of such other property. For the purposes of this article, condominium and apartment common property shall not be considered to be the premises of the animal owner.
(2)
Restraint of dogs and/or animals shall be maintained
as follows:
(a)
Dogs are permitted to run at large on premises
of owner. No dog should be permitted to run at large on the premises
of its owner if such dog is causing injury or threatening another
person or animal or is chasing a vehicle or a cyclist.
(b)
A dog will be considered to be running at large
if it is off the premises of its owner and not under the control of
the owner or some other person.
(c)
If a dog is actively engaged in a legal hunting
activity, including training, it is not considered to be running at
large if the dog is monitored or supervised by a person and the dog
is on land that is open to hunting or on land for which the person
has obtained permission to hunt or to train a dog.
(d)
All other domesticated animals will be considered
to be running at large if they are off the premises of their owner.
This includes but is not exclusive to cows, horses, llamas, pigs,
chickens, and other domestic fowl.
(e)
No person shall tie, stake or fasten any animal
within any street, alley, sidewalk, right-of-way, or other public
place within the County or in such manner that the animal has access
to any portion of any street, alley, sidewalk or other public place
unattended.
(f)
Every animal shall be restrained and controlled
so as to prevent it from causing property damage, harassing pedestrians
or bicyclists, molesting passersby, chasing vehicles, or attacking
persons or other animals.
B.
Control of attacking or biting animals, vicious animals
and dangerous dogs.
(1)
The above provisions concerning general control and contained in Subsection A are applicable to attacking or biting animals, vicious animals and dangerous dogs as well as the following:
(a)
When upon the premises of the owner, attacking
or biting animals, vicious animals, and dangerous dogs shall be kept
indoors or in a proper enclosure as defined by this article. Permanent
or temporary tethering as a means of enclosure is not permissible.
(b)
The owner of a dangerous dog shall not permit
the dog to be outside of a proper enclosure unless the dog is muzzled
in a manner that will prevent it from biting any person. The dog must
be restrained by a substantial chain or leash not more than six feet
in length and under the physical control of a person who possesses
the ability to restrain the dog.
(c)
The owner of a dangerous animal, vicious animal
or attacking or biting animal shall not permit the animal to be outside
a proper enclosure unless the dog or animal is restrained by a substantial
chain or leash not more than six feet in length and is under the physical
restraint of a person who possesses the ability to restrain the dog
or animal.
C.
In any prosecution under this section, any animal
found running at large may be held by Price County as evidence of
a violation of this section. Such holding is at the discretion of
the prosecuting attorney, and the animal may be released at the conclusion
of the prosecution.
D.
In lieu of paying a fine or serving jail time under
this section, a violator may, at the discretion of the judge, relinquish
the animal to Price County for placement or disposal as determined
by Price County. Any cost incurred in placement or disposal of the
animal will be the responsibility of the owner.
A.
The owner of any animal shall be in violation of this article if the animal engages in any activity or exhibits any behavior as defined by this article under "vicious animal" in § 223-19.
B.
Upon being adjudicated guilty of or entering a guilty
plea or no contest plea to a charge made under this provision, the
owner of the vicious animal, if allowed to maintain the animal, will
have to adhere to the following requirements for possessing a vicious
animal:
C.
Price County shall have the right to inspect, randomly
and without notice, a vicious animal which is required to be confined
pursuant to this section in its environment. Permission of the owner
or person with custody of the animal confined shall not be unreasonably
withheld.
D.
Any person who releases a vicious animal either willfully
through failure to exercise due care or control or who takes such
animal out of such proper enclosure in such a manner which is likely
to cause injury to another person or damage to the property of another
person shall be in violation of this article.
Any person having information that an animal
has bitten or attacked a person shall immediately report such information
to the Price County Sheriff's Department or the Price County Health
and Human Services Department.
A.
Upon receiving notice that an animal has bitten or attacked a person, an authorized person from the Price County Sheriff's Department shall investigate the incident. If it is determined that an animal has bitten someone, law enforcement and the Health and Human Services Department will follow the requirements as outlined in Article I, Rabies Control, of this chapter.
(1)
Nothing shall prohibit the Price County Health and
Human Services Department from allowing an animal to remain in strict
confinement on the premises of the owner, subject to daily inspections
by a veterinarian, so long as the health, safety, and welfare of any
person or animal is not threatened. Those animals may include but
are not limited to the following:
(2)
No animal that is in strict confinement for biting
shall be vaccinated for rabies until the end of the quarantine period.
(3)
No animal that is in strict confinement shall be sterilized
or undergo any other surgical procedure during the quarantine period
unless the surgery is necessary for a life-threatening medical condition
or injury.
B.
Confiscation of dangerous dogs. A dangerous dog, after
adjudication, shall be confiscated as follows. A dangerous dog shall
be immediately confiscated by the Price County Health and Human Services
Department or by a law enforcement officer or by another person authorized
by Price County if:
(1)
The owner of the dog does not secure the liability
insurance or bond required;
(2)
The dog is not validly registered as required, including
the posting of warning signs;
(3)
The dog is not maintained in a proper enclosure; or
(4)
The dog is outside of a proper enclosure in violation
of this article.
C.
Return of confiscated dangerous dogs. Any dog that has been confiscated under the provisions of Subsection B(1), (2) or (3) of this section shall be returned to its owner upon the owner's compliance with the provisions of this article and upon payment of confiscation costs provided in this article. If the owner has not complied with the provisions of this section within 20 days of the date the dog was confiscated, the dog shall be destroyed in an expeditious and humane manner. The payment of reasonable confiscation costs and the return of a dog shall not bar or affect an action against the owner for violation of this article.
[Amended 4-18-2023 by Ord. No. 2-23]
A.
No person shall keep or permit to be kept on their premises any exotic
or wild animal for display or exhibition purpose, whether gratuitously
or for a fee. This section shall not be construed to apply to zoological
parks, circuses, or persons with state or federal permits.
B.
No person shall keep or permit to be kept any exotic or wild animals defined in § 223-19. Specifically, it shall be unlawful for any person to keep, maintain, have in possession or under control, sell or convey within Price County any of the following without obtaining a permit:
(1)
Poisonous reptiles.
(2)
Poisonous insects.
(3)
Any poisonous animals.
(4)
Constrictor snakes over 10 feet in length.
(5)
Nonhuman primates, including but not limited to monkeys, apes, chimpanzees,
gibbons, lemurs, gorillas, orangutans, siamangs, and baboons.
(6)
Alligators or crocodiles.
(7)
Elephants.
(8)
Rhinoceroses.
(9)
Hippopotamuses.
(10)
Game cocks and other fighting birds.
C.
Exceptions. The prohibitions of the above sections shall not apply
where the animals are in the care, custody, or control of a state-licensed
game farm, a veterinarian for treatment, agricultural fairs, shows,
a display for judging purposes, an itinerant or transient carnival,
circus or other show, public or private educational institutions,
or zoological park if all below requirements are in compliance with
Wisconsin state statutes and local ordinances and there is proof of
purchase from a legal domestic seller. If purchased from a licensed
and legal seller outside of the United States, the owner must show
a U.S. Customs certificate showing the animal was brought into the
United States legally and is free of disease.
D.
Penalties. Seizure of all animals shall occur immediately upon violation of this section. The owner, as defined in § 223-19, may be cited for violation of this section, and shall be responsible for all cost resulting from the seizure, veterinarian costs, relocation of animal(s) costs, euthanasia and disposal costs.
E.
Permit issuance and requirements.
(1)
No person shall engage in the keeping of such animals as described
in this section without first obtaining a permit in compliance with
and as required by this section.
(2)
An applicant shall complete a permit application obtained from the
Humane Officer. An applicant shall return the completed application,
any additional materials supporting the application, and the required
fee to the Humane Officer. Application fees shall be set by the County
Board of Supervisors and stated within the application. The Humane
Officer shall issue the permit within 10 days of receiving a complete
permit application, so long as the following conditions are met:
(a)
Applicant and permittee have not withheld or falsified any information
on the permit application.
(b)
Applicant and permittee shall agree to comply to all terms of
the permit.
(c)
Applicant and permittee shall acknowledge this section's
requirements and agree to comply with all terms of this section, any
regulations established by the County Board of Supervisors, and any
other applicable laws, including, but not limited to Wisconsin State
Statutes Chapter 95, Chapter 173, Chapter 174, Wisconsin Administrative
Code Chapter ATCP 16, and laws set by Wisconsin Department of Natural
Resources.
(d)
Applicant and permittee shall agree to allow the Humane Officer
to inspect all animals and the premises they are kept on at any reasonable
time with a reasonable notice to owner in advance.
(e)
Applicant and permittee shall acknowledge that any violation
of the terms of the permit, this section or any other applicable law
shall result in revocation of the permit and seizure of that animal(s).
(f)
Applicant and permittee may not have been convicted of any civil,
criminal, municipal or other violations related to the mistreatment
of animals.
(3)
A permit period shall begin the first day of the calendar year and
shall run for one year. Renewal applications for permits shall be
made no later than 30 days prior to the start of the new calendar
year.
(4)
If a change of ownership occurs, the owner shall notify the Humane
Officer 10 days in advance, and a transfer fee may be established
by the County Board of Supervisors.
European ferrets, Mustela putorius furo, may be sold, purchased, exhibited, or held as pets, provided that the ferret owner can provide valid documentation that the ferret was sexually spayed or neutered prior to seven months of age and is vaccinated against rabies by a licensed veterinarian with a properly administered vaccine approved for use on ferrets by the United States Department of Agriculture. See Article I, Rabies Control, of this chapter.
A.
Dogs, cats and ferrets current on their rabies vaccinations
that are bitten by a suspected or proven rabid animal shall be revaccinated
immediately, confined and observed for the recommended time set by
the State of Wisconsin. (Skunk, bat, fox, coyote, raccoon, opossum,
bobcat, wolf or other carnivores whether wild or kept as pets are
regarded as rabid unless proven otherwise by lab tests.) A quarantine
on the premises of the owner may be permitted only if the animal is
current on its rabies immunization; otherwise the animal must be delivered
to an isolation facility such as a veterinary clinic. The Price County
Health and Human Services Department or Price County law enforcement
may inspect the premises of an owner at any time if quarantine is
being done on premises.
B.
Unvaccinated dogs, cats and ferrets that are bitten
by a suspected or proven rabid animal should be humanely euthanized
immediately. If the owner is unwilling to euthanize the animal, the
exposed animal must be placed in strict confinement/isolation for
the period of time set by the State of Wisconsin and vaccinated one
month prior to being released from isolation. Confining the animal
in strict isolation is the responsibility of the animal owner and
subject to unannounced inspections by the Price County Health and
Human Services Department.
C.
Cattle and livestock that are current on their rabies
vaccinations and are bitten by a suspected or proven rabid animal
shall be revaccinated immediately, confined, and observed for the
period of time set by the State of Wisconsin. Confining the animal
in strict isolation is the responsibility of the animal owner and
subject to unannounced inspections by the Price County Health and
Human Services Department.
D.
Unvaccinated cattle or livestock bitten by a suspected
or proven rabid animal should be destroyed (slaughtered) immediately.
(Skunk, bat, fox, coyote, raccoon, opossum, bobcat, wolf, or other
carnivores whether wild or kept as pets are regarded as rabid unless
proven otherwise by lab tests.) Under special circumstances and with
the approval of the Price County Health and Human Services Department,
the owner may opt to keep the exposed animal under very strict confinement/isolation
and close observation for the period of time set by the State of Wisconsin.
E.
Any animal bitten by a suspected or proven rabid animal
that is not destroyed and manifests any of the symptoms of rabies
should be immediately examined by a licensed veterinarian. If the
licensed veterinarian determines the animal is displaying symptoms
of rabies and the symptoms cannot be attributed to any other illness
or injury, the animal shall be humanely euthanized and the Price County
Health and Human Services Department shall be notified.
F.
All animals will be managed in accordance with the
guidelines established in the most current edition of the Wisconsin
Rabies Control Manual.
A.
Any person who abuses an animal or aids another person
in abusing an animal or causes or permits an animal to abuse another
animal, by acting or failing to act, shall be in violation of this
article. Cruelty to an animal includes but is not limited to:
(1)
Willful neglect as defined by this article;
(2)
Failure to provide reasonable remedy or relief for
any injured or diseased animal;
(3)
Overloading or overdriving;
(4)
Beating, torturing, tormenting or mutilating;
(5)
Abandonment;
(6)
Failure to maintain adequate care;
(7)
Failure to provide adequate food and/or water;
(8)
Failure to provide adequate shelter;
(9)
Failure to provide adequate bedding;
(10)
Failure to provide adequate exercise;
(11)
Failure to provide adequate space;
(12)
Failure to maintain sanitary conditions;
(13)
Failure to provide adequate ventilation;
(14)
Failure to provide adequate temperature control;
(15)
Hoarding or collecting animals as defined by
this article;
(16)
Owning, managing, obtaining, confining or caring
for any number of animals in an animal mill as defined by this article;
or
(17)
Otherwise treating any animal in a cruel or
inhumane manner;
B.
Exceptions.
(1)
Licensed veterinarians who perform surgery or euthanasia
are not in violation of this article.
(2)
A person shall not be guilty of cruelty when the person
is protecting his life, or the life of another person or animal that
is being attacked by an animal that is attempting to severely harm
or kill him, provided that the person being attacked is not committing
a crime or is not aggravating or inciting the animal to attack and
has not aggravated, injured, abused, or assaulted the animal in the
past.
A.
Any person shall be in violation of this article and
shall be guilty of aggravated cruelty that knowingly and maliciously
causes or aids another person or animal in causing or attempting to
cause the death, physical harm or serious disfigurement of an animal
by, but not limited to, any of the following:
(1)
Rendering a part of such animal's body useless;
(2)
Drowning, severely starving, severely dehydrating,
strangling, suffocating, burying alive, or burning;
(3)
Attempting to kill, abuse, maim, disfigure, dismember,
mutilate or torture any animal; or
(4)
Administering poison to any animal or exposing any
animal to any poisonous or toxic/deadly substance.
B.
Exceptions.
(1)
Licensed
veterinarians who perform surgery or euthanasia are not in violation
of this article.
(2)
A
person shall not be guilty of aggravated cruelty when the person is
protecting his life, or the life of another person or animal that
is being attacked by an animal that is attempting to severely harm
or kill him, provided that the person or animal being attacked is
not committing a crime or is not aggravating or inciting the animal
to attack and has not aggravated, injured, abused or assaulted the
animal in the past.
A.
Any person who engages in any behavior or activity defined under "abandonment (of an animal)" in § 223-19 shall be in violation of this section.
B.
Exceptions.
(1)
An
animal that is deserted when premises are temporarily vacated for
the protection of human life during a disaster or emergency hospitalization
shall not be regarded as abandoned under this article where the owner
or custodian lacked sufficient time or resources to make reasonable
arrangements for the adequate care and custody of the animal.
(2)
An
animal relinquished through a written agreement with Price County
and/or licensed veterinarians shall not be deemed abandoned but shall
be considered relinquished to the entity.
(3)
An
animal left unattended when its sole owner dies shall not be deemed
abandoned and shall be impounded by Price County until Price County
can locate a family member to take custody of the animal. If a family
member cannot be located, then the animal will be held in compliance
with this article.
A.
No animal shall be trained to fight or shall be used
for fighting.
B.
No animal shall be used to train other animals to
fight.
C.
No animal shall be used as bait to encourage aggressive
or fighting behavior in other animals.
D.
No person shall own, possess, keep, harbor, train,
lend, borrow, or handle any dog, cat, bird/fowl, or other domestic,
feral or wild animal with the intent that such animal shall be engaged
in any animal fight/fight training or exhibition of animal fighting
or be used as bait for fighting/aggressive animals.
E.
No person shall train, assist, umpire/referee or in
any way participate in the training of any animal to be used for animal
fighting or used as bait or for animal fighting or torment, badger
or bait any animal for the purpose of fighting or blood sport training
or any other such activity, the primary purpose of which is the training/conditioning
of animals for aggressive or vicious behavior or animal fights or
exhibitions of fighting animals.
F.
No person shall charge admission to, participate in,
or be present as a spectator, handler, timekeeper, referee, guard,
etc., at any animal fight/battle.
G.
No person shall profit from any activity connected
with any animal fight or exhibition of animal fighting or training
or competitions or matches of fighting animals.
No person shall, for the purpose of any exhibition/occurrence
of animal fighting, training for animal fighting, or training of animals
to display aggressive behavior:
A.
Build, make, maintain, or keep a pit or other animal
fighting arena or area, whether permanent or portable, on premises
owned or occupied by him;
B.
Allow a pit or other animal fighting arena or area,
whether permanent or portable, to be built, made, maintained, or kept
on his premises; or
C.
Build, make, maintain, or keep a pit or other animal
fighting arena or area, whether permanent or portable, on public or
private property.
No person shall possess, use, sell, give, trade,
or loan apparatus, paraphernalia, pit supplies, implements, programs,
drugs or equipment used to train or condition animals to be aggressive,
aggressive animals, game animals, or animals used to train other animals
to be aggressive.
Any person shall be in violation of this article
who:
A.
Leaves an animal in a parked vehicle when temperatures
inside the vehicle may adversely affect the animal's health and welfare.
When the conditions inside a parked vehicle constitute an imminent
threat to the animal's health or safety, any animal left in a parked
vehicle may be removed from that vehicle by any law enforcement agency
or a designee of the Price County Health and Human Services Department.
B.
Leaves an animal in any vehicle where it must stand,
sit or lie on extremely hot or cold surfaces, including but not limited
to truck beds.
Any animal that has not received humane care, which has been subjected to cruelty in violation of 223-33, or that is used or intended for use in any violation of §§ 223-33 through 223-39 shall be immediately impounded by the Price County Sheriff's Department, the Price County Health and Human Services Department or their designee.
A.
Animal exhibitions will be permitted provided that
the exhibitor:
(2)
Abides by all federal, state and local laws, ordinances,
rules and guidelines that apply to such exhibits;
(3)
Does not exhibit any animal that is ill or injured;
(4)
Has a licensed veterinarian either present or on call
to attend to any injured/ill animal;
(5)
Confines/controls all animals to protect the public
and the animals from harm; and
(6)
Ensures that all animals are treated in accordance
with this article.
B.
Legal exhibitions include but are not limited to petting
zoos, circuses, dog shows, individuals or groups displaying/marketing
animals for adoption or sale, etc., unless otherwise prohibited in
this article. Animals that are high-risk carriers of rabies, such
as foxes, raccoons, and skunks, shall not be exhibited in petting
zoos or any exhibition where they can come in contact with people.
C.
Exhibitions of animals for illegal purposes as stated
in local ordinances, this article, and state and federal laws are
strictly prohibited.
D.
No person shall in any manner or for any reason encourage,
instigate, promote, assist, exhibit, organize, sponsor, host or participate
in an exhibition/demonstration of the following types of animals,
including but not limited to those animals that are:
A.
Persons who permit their animals to defecate on public
or private property other than their own property are required to
immediately pick up the feces, bag the feces, and properly dispose
of the feces. Animal waste shall be removed by placing said matter
in a closed or sealed container and thereafter disposing of it in
the animal owner's or public trash receptacle, sanitary disposal unit
or other closed or sealed refuse container.
This article will be enforced by the Price County
Sheriff's Department and the Price County Health and Human Services
Department or their designee.
[Amended 4-21-2015 by Ord. No. 1-15]
Anyone causing, creating or maintaining a violation of this article shall be subject to a forfeiture as provided in Chapter 290 of the County Code, together with the cost of prosecution.
