Grant County, WI Animals

Any animal that has a propensity, tendency or disposition, known to the owner thereof, to attack in a manner which may cause death or injury to another human being or which may otherwise endanger the safety of any human being; or

(3)

Any animal that causes serious physical injury or death to a pet dog, pet cat, or livestock.

VICIOUS DOG

(1)

Any dog that causes serious physical injury, kills or physically attacks a human being on either public or private property; or

(2)

Any dog that has a propensity, tendency or disposition, known to the owner thereof, to attack in a manner which may cause death or injury to another human being or which may otherwise endanger the safety of any human being; or

(3)

Any dog that causes serious physical injury or death to a pet dog, pet cat, or livestock.

The term "serious physical injury" is defined as including, but not limited to, any physical injury which requires sutures to treat the injury, where the injury results in the victim sustaining a disfigurement, or where the injury results in the victim sustaining a broken bone.

§ 88-2 Prohibited conduct.

[Amended 6-16-2015]

No person shall keep, possess, harbor, feed, or maintain a vicious dog or other vicious animal in Grant County. It shall be considered a violation of this article to own, keep, possess, harbor, feed or maintain a vicious dog or other vicious animal in Grant County.

§ 88-3 Seizure and quarantine; rabies determinations; release or destroy.

[Amended 6-16-2015]

Any humane officer or law enforcement officer employed by the Grant County Sheriff's Department or the Director of the Grant County Health Department is hereby authorized to order any dog or animal in Grant County to be seized and quarantined if the humane officer, law enforcement officer or the Health Department Director has reason to believe that the dog or other animal bit or scratched a person, is infected with rabies or has been in contact with a rabid animal. The dog or other animal shall then be impounded and quarantined pursuant to the procedures and time requirements set forth in § 95.21, Wis. Stats. The humane officer or law enforcement officer shall notify the owner of the dog or other animal in writing, if known, of the procedure by which the owner can recover the dog or other animal, including the procedure under § 173.22, Wis. Stats., and the procedure to be followed if the animal is not returned to the owner. An owner or person possessing the dog or other animal must cooperate with any quarantine order and, if ordered by a humane officer, law enforcement officer, or Health Department Director, the owner or person possessing the dog or other animal must deliver the dog or other animal to an isolation facility designated by the humane officer, law enforcement officer or the Health Department Director no later than 24 hours after the order is issued as required by § 95.21, Wis. Stats. If, after conclusion of the quarantine period set forth in § 95.21, Wis. Stats., the veterinarian determines that the dog or other animal does not have rabies, the dog or other animal can be released unless Grant County notifies the veterinarian that the County will be applying for a court order to destroy the dog or other animal. If the other animal does not have a specified quarantine period under § 95.21, Wis. Stats., then refer to the Grant County Code § 88-3.5. If a humane officer or law enforcement officer of the Grant County Sheriff's Department or the Director of the Health Department notifies the veterinarian that the County will be applying for a court order to destroy the dog or other animal, the dog or other animal will not be released to its owner or anyone else, and the dog or other animal will continue to be held beyond the quarantine period contained in § 95.21, Wis. Stats., until a court order is issued. If the dog or other animal is released to its owner by the veterinarian before Grant County can direct the veterinarian to hold the dog or other animal pending application for a court order or if the veterinarian releases the dog or other animal to its owner despite being notified that Grant County will be applying for a court order to destroy the dog or other animal, a law enforcement officer or humane officer can seize the dog or other animal and take the dog or other animal to a veterinarian to be held pending a court order. If the veterinarian determines during the quarantine period that the dog or other animal has symptoms of rabies, the dog or other animal shall be euthanized by the veterinarian in a humane way without a court order in accordance with the procedures set forth in § 95.21, Wis. Stats. A dog or other animal that is found to be free of rabies after the quarantine period and for which Grant County will not be applying to a court to obtain a court order to destroy the dog or other animal can be released to its owner after the owner has the dog or other animal vaccinated or provides proof of vaccination as required by Wisconsin statutes; the owner provides proof of a valid dog license; all charges for the custody, care, vaccination and treatment of the dog or other animal are paid by the owner; and the owner claims the dog or other animal and provides reasonable evidence of ownership.

§ 88-3.5 Sacrifice of other animals.

[Added 6-16-2015]

A humane officer or law enforcement officer of the Grant County Sheriff's Department or the Director of the Health Department 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 and have the animal tested, if deemed necessary. Except as provided in § 95.36, Wis. Stats., if an animal of a species raised primarily to produce food for human consumption is killed under this section, the owner is eligible for an indemnity payment in an amount equal to the indemnity provided under § 95.31(3), Wis. Stats. If the decision is made by an employee or director of the Grant County Health Department, the indemnity shall be paid from the appropriation under § 20.115(2)(b), Wis. Stats. If the decision is made by a humane officer or law enforcement officer of the Grant County Sheriff's Department or the Director of the Health Department, the indemnity shall be paid from the dog license fund.

§ 88-4 Dogs or other vicious animal causing serious physical injury or death; killing of dog or other vicious animal.

[Amended 6-16-2015]

Grant County may file a lawsuit to obtain a court order requiring the Grant County Sheriff's Department to kill a vicious dog or other vicious animal or authorizing Grant County to hire a veterinarian to euthanize a vicious dog or other vicious animal who has caused serious physical injury or death to a person, livestock, pet dog, or pet cat in Grant County. The term "serious physical injury" is defined as including but not limited to any physical injury which requires sutures to treat the injury, where the injury results in the victim sustaining a disfigurement, or where the injury results in the victim sustaining a broken bone. Grant County is not required to prove that the dog or other vicious animal has seriously injured two or more individuals, livestock, pet dogs or pet cats as the article imposes strict liability upon dog or other vicious animal owners where the injury caused by the dog or other vicious animal is a serious physical injury or where the dog or other vicious animal attack results in the death of an individual, livestock, pet dog or pet cat. In addition, if a vicious dog or other vicious animal has on two separate occasions bitten a person without causing serious physical injury, Grant County can file a lawsuit to obtain a court order requiring the Grant County Sheriff's Department to kill the vicious dog or other vicious animal or authorizing Grant County to hire a veterinarian to euthanize the vicious dog or other vicious animal. Once a court order to kill the dog or other vicious animal has been obtained, the vicious dog or other vicious animal which is owned, possessed, harbored, kept or maintained in Grant County in violation of this article may be killed in a humane manner by a Grant County Sheriff's Department officer, or Grant County can have the dog or other vicious animal euthanized by a veterinarian at the expense of the owner. The Grant County Corporation Counsel is authorized to file any lawsuit needed to obtain a court order to kill a vicious dog or other vicious animal. This article does not preclude the killing of a dog or other vicious animal without a court order to kill a vicious dog or other vicious animal. This article does not preclude the killing of a dog or other vicious animal without a court order by a law enforcement officer or veterinarian in a humane manner where a veterinarian determines that a dog or other vicious animal in quarantine is exhibiting the symptoms of rabies; which destruction of the dog or other vicious animal without a court order is allowed by § 95.21, Wis. Stats. This article also does not preclude the killing of a dog or other vicious animal in a humane manner as a last resort or with an owner's consent without a court order by a law enforcement officer where a quarantine cannot be imposed because the dog or other vicious animal cannot be captured as allowed by § 95.21, Wis. Stats. In addition, this article does not preclude the killing of a dog or other vicious animal in a humane manner by a law enforcement officer without a court order pursuant to an order of a law enforcement officer, humane officer, or the Health Department Director where the owner or person possessing the dog or other vicious animal refuses to deliver the dog or other vicious animal to an isolation facility after being served with an order to deliver the dog or other vicious animal to an isolation facility by a law enforcement officer, humane officer, or Health Department Director as allowed in § 95.21, Wis. Stats.

§ 88-5 Violations and penalties.

Any person violating or noncompliant with § 88-2 or an order under § 88-3 or § 88-3.5 of this article can be issued a citation by any humane officer or law enforcement officer employed by the Grant County Sheriff's Department or by the Director of the Grant County Health Department. The citation shall set forth the name and address of the violator; the factual allegations describing the violation; the date, time and place of the offense; the section of the article violated; the date and time at which the violator may appear in court; a designation of the offense in a manner that can be readily understood by a person making a reasonable effort to do so; and a statement setting forth the information required in § 66.0113(b)7 and 8, Wis. Stats. The Grant County Corporation Counsel is authorized to handle any citation action filed for violation of this article.

The Corporation Counsel can also file a lawsuit against a violator of this article. Any person found violating § 88-2 of this article shall be ordered to pay a forfeiture of $100 plus statutory court costs for the first offense and $200 plus statutory court costs for subsequent offenses. The cash deposit which can be posted for violating § 88-2 of this article is $100 plus statutory court costs for a first violation and $200 plus statutory court costs for a subsequent violation. Cash deposits can be paid by a violator to the Grant County Clerk of Circuit Court who shall issue receipts for cash deposits paid by violators. Statutory court costs include but are not limited to the penalty assessments, the jail assessments, court costs, the court support services surcharge, the justice information surcharge, and the crime laboratories and drug enforcement assessments. A citation can be issued to a violator even if Grant County has filed or will be filing a lawsuit to have the dog destroyed. Grant County is not required to prove that the dog has bitten or injured two or more persons, livestock, pet dogs or pet cats as this article imposes a strict liability upon dog owners or anyone harboring, possessing, keeping, or maintaining a vicious dog.

§ 88-6 Nonapplicability.

This article shall not apply to the corporate limits of any city or village located within Grant County. This article also shall not apply in any town in Grant County that has enacted a dog ordinance pursuant to Wisconsin Statutes § 60.23.

This article shall not apply to the keeping or possession of police dogs by any law enforcement agency in Grant County.

§ 88-7 No declaration of vicious in some circumstances.

Notwithstanding the provisions of this article, no dog may be declared vicious if death or injury is sustained by a person who, at the time such injury or death was sustained, was committing or attempting to commit a criminal violation upon the premises occupied by the owner of the animal, was abusing the dog, or was committing an unjustified physical attack or assault upon the owner or keeper of the dog within the immediate vicinity of the dog.

§ 88-8 Order of abatement; appeal hearing; further review.

If a humane officer or law enforcement officer of Grant County after investigation has reasonable grounds to believe that a violation of a Wisconsin statute or Grant County ordinance is occurring and the violation is causing or has the potential to cause injury to a dog, the human officer or law enforcement officer may issue and serve an order of abatement directed to the named persons. The abatement order shall contain the name and address of the person to whom directed, the statute or ordinance alleged to be violated, a prohibition on further violations, a description of the measures necessary to correct the alleged violation, and a description of the hearing and appeal provisions. Any person named in an abatement order may, within the ten day period following service of the order, request a hearing in writing before the Grant County Sheriff. If the Grant County Sheriff is unable to hear this matter, the matter shall be heard before the Grant County Sheriff's Department Chief Deputy. If either the Sheriff or Chief Deputy were involved in the decision to issue the order, the one who was involved in the decision to issue the order shall not hear the matter. If both the Sheriff and Chief Deputy were involved in the decision to issue the order, then the hearing shall be held before the Grant County Law Enforcement Committee. The hearing shall be held within 10 days after the request is made, unless the requester agrees to a later date. The appeal hearing shall be tape recorded. The parties involved can be represented by counsel if they wish and can present and cross examine witnesses. Within ten days after a hearing, the Grant County Sheriff, or Chief Deputy, or Law Enforcement Committee shall affirm the order, modify the order or withdraw the order. Any person adversely affected by a decision of the Sheriff, Chief Deputy, or Law Enforcement Committee may seek judicial review by commencing an action in Circuit Court within 30 days after the date that the decision is issued.

§ 88-9 Responsibility for expenses.

The owner of a dog is responsible for paying Grant County for any and all expenses which Grant County incurs in connection with keeping a dog in an isolation facility, supervision, and examination of the animal by a veterinarian as required pursuant to Wisconsin Statutes § 95.21, preparation of the carcass for lab examination and the fee for the laboratory examination, and any and all expenses in holding, caring for a dog, and euthanizing a dog.

§ 88-10 Recordkeeping.

A Grant County humane officer or law enforcement officer taking custody of a dog shall maintain, or require any veterinarian to whom the dog is delivered, to maintain records for each dog containing the physical description of the dog, the date that custody was taken of the dog, the date that the dog was delivered into the possession of another person, and the identity of the person to whom delivered, the reason for taking custody of the dog, and the ultimate disposition of the dog including the name and address of any person into whose custody the dog was ultimately released.

§ 88-11 Stray, unwanted or abandoned dogs; unfound owners.

If the owner of a dog who bit, injured or killed a person cannot be determined by the veterinarian or the Grant County Sheriff's Department as the dog is a stray, unwanted, or abandoned and is not tagged as required by Wisconsin Statutes Chapter 174, Grant County can have the dog euthanized by a veterinarian in a humane manner without a court order upon the direction of a humane officer or law enforcement officer of the Grant County Sheriff's Department or the Grant County Health Department Director after conclusion of the quarantine period set forth in Wisconsin Statutes § 95.21 and after completion of the procedures required by § 95.21 even if the dog bite is the first bite to any person by the dog. If the owner of the dog who bit or injured a person is known but the owner cannot be found as he or she has moved away and cannot be located by the veterinarian or the Grant County Sheriff's Department, Grant County can have the dog euthanized by a veterinarian in a humane manner without a court order upon the direction of a humane officer or law enforcement officer of the Grant County Sheriff's Department or the Grant County Health Department Director after conclusion of the quarantine period set forth in Wisconsin Statutes § 95.21, after completion of the procedures required by § 95.21, and after the veterinarian complies with Wisconsin Statutes § 173.13 even if the dog bite is the first bite to any person by the dog. Grant County can also have a dog euthanized without a court order upon direction of a humane officer or law enforcement officer of the Grant County Sheriff's Department or the Grant County Health Department Director where the dog's owner cannot be determined by the veterinarian or the Grant County Sheriff's Department as the dog is a stray, unwanted, or abandoned and is not tagged as required by Wisconsin Statutes Chapter 174 and the dog injured or killed livestock or a pet dog or pet cat.