[HISTORY: Adopted by the Town Board of the Town of Milton
as indicated in article histories. Amendments noted where applicable.]
[Adopted 8-4-1975 by Ord. No. 37]
It shall be unlawful to keep or maintain rabbit pens, dog kennels,
horses, ponies, goats, cattle, ducks, chickens or any and all types
of fowl together with all or any other form of livestock on any property
within the Township of Milton which is located within any subdivision
of said Township.
Any person who shall violate this article shall, upon conviction
thereof, be subject to a fine of not less than $50 nor more than $100
together with the costs of prosecution. Each day a violation exists
or continues shall constitute a separate offense.
[Adopted 5-2-1966 by Ord. No. 39; amended 8-27-1973; 9-9-1973; 9-1-1998]
No person owning, keeping or harboring any dog shall permit
such dog to run at large in the Town of Milton, Rock County, Wisconsin.
A dog shall be deemed "running at large" when not on the premises
of the owner or within the immediate presence and control of the owner.
Any police officer, or the Chief of Police, so as it is authorized
to act for the Town Board for the impounding of dogs, may enter any
premises, including premises of the owner, to capture, impound and/or
shoot any dog running at large within the meaning of this definition.
For convenience and brevity the provisions of Ch. 174, Wis.
Stats., shall be made a part of and is incorporated in this article,
and the Rock County Humane Society, in addition to the Chief of Police,
shall be duly authorized to act as agents in enforcing any of the
provisions of this article.
Every person residing in the Town of Milton, Rock County, Wisconsin,
who owns a dog which is more than five months of age on January first
of any year, shall annually, at the time and in the manner prescribed
by law for the payment of personal property taxes, obtain a license
therefor, as provided for in § 174.05, Wis. Stats.
Such owner shall pay to the Town Treasurer annually a fee as
set by resolution of the Town Board.
A. It shall be unlawful to own, harbor, or keep any dog in the Town
of Milton Rock County, Wisconsin which:
(1) Habitually
pursues any vehicle upon any public street, alley or highway in the
said Town.
(2) Assaults or attacks any person.
(3) Runs at large within the Town. A dog shall be deemed to be running
at large when it is on any public street, alleys, parks or other public
grounds of said Town, or any other premises in said Town other than
the premises of its owner, his servant, agent or a member of this
family of suitable age and discretion.
(4) Habitually barks or howls to the annoyance of any two or more other
persons.
B. No more than four dogs or cats are to be maintained on any lot or
residence in the Town of Milton. Five dogs or more requires the owner
to request a multiple-dog license, subject to review and approval
by the Town Board. Multiple-dog licenses shall be renewed annually.
[Amended 9-14-2020 by Ord. No. 2020-4]
C. No kennel license shall be issued to any person, business or corporation
in any subdivision in the Town of Milton.
D. Before any kennel license is approved in the outlying areas of the
Town of Milton, the Town Board shall first have a public hearing on
the kennel license application.
Every owner or keeper of a dog and every other person in any
subdivision who knows that a dog has bitten any person shall immediately,
in writing, report such fact to a law enforcement agency, and such
owner or keeper shall immediately confine said dog for a period of
at least 10 days thereafter and shall not release such dog except
with approval of the Health Department or veterinarian. Any such dog
shall be surrendered to the police or Humane Society upon demand.
Any persons who shall violate this article shall pay a forfeiture
not to exceed $50 plus court costs or, in default of payment thereof,
not to exceed 20 days in the county jail, and each day of the violation
of this article shall be considered a separate offense. If the owner
of a dog negligently or otherwise permits the dog to run at large
or be untagged, the owner shall forfeit not less than $25 nor more
than $100 for the first offense and not less than $50 nor more than
$200 for subsequent offenses.
Should the owner of any dog which is impounded under this article
desire to regain possession of said dog, the owner shall, upon payment
to the Town or Humane Society of a handling fee established by the
Town Board, and upon payment of the fee to the Chief of Police or
designee, or Humane Society, be entitled to the return of the dog,
providing no other disposition has been made of said dog under provisions
of Ch. 174, Wis. Stats. This section in no way relieves the owner
of any penalties which may be imposed under this article.