[HISTORY: Adopted by the Board of Supervisors of Grant County
as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Animal waste storage and nutrient utilization — See Ch.
90.
[Adopted 11-14-2006 by Ord. No. 49]
[Amended 6-16-2015; 12-15-2015]
A. As used in this article, the following terms shall have the meanings
indicated:
LIVESTOCK
Cattle, horses, swine, sheep, goats, farm-raised deer, poultry,
llamas, or alpacas.
OTHER ANIMALS
Other animals shall be, but are not limited to, skunks, raccoons, cats, ferrets, wolves or any other dog or animal not deemed vicious under §
88-1.
VICIOUS ANIMAL
(1)
Any animal that causes serious physical injury, kills or physically
attacks a human being on either public or private property; or
(2)
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.
B. 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.
[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.
[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.
[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.
[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.
A. 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.
B. 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.
A. 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.
B. This article shall not apply to the keeping or possession of police
dogs by any law enforcement agency in Grant County.
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.
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.
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.
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.
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.