[Adopted as Title 7, Ch. 1, of the Benton Code of Ordinances]
[Amended 10-16-2013 by Ord. No. 2013-004; 2-15-2023 by Ord. No. 2023-01]
A. Rabies vaccination. The owner of a dog shall have the dog vaccinated
against rabies by a veterinarian within 30 days after the dog reaches
four months of age and revaccinated within one year after the initial
vaccination. If the owner obtains the dog or brings the dog into the
Village of Benton after the dog has reached four months of age, the
owner shall have the dog vaccinated against rabies within 30 days
after the dog is brought into the Village unless the dog has been
vaccinated as evidenced by a current certificate of rabies vaccination.
The owner of a dog shall have the dog revaccinated against rabies
by a veterinarian before the date that immunization expires as stated
on the certificate of vaccination or, if no date is specified, within
two years after the previous vaccination. The certificate of vaccination
shall meet the requirements of § 95.21(2), Wis. Stats.
B. Issuance of certificate of rabies vaccination. A veterinarian who
vaccinates a dog against rabies shall complete and issue to the owner
a certificate of rabies vaccination bearing a serial number and in
the form approved by the Village stating the owner's name and
address, the name, sex, spayed or unspayed, neutered or unneutered,
breed and color of the dog, the date of the vaccination, the type
of rabies vaccination administered and the manufacturer's serial
number, the date that the immunization expires as specified for that
type of vaccine by the Centers for Disease Control and Prevention
(CDC) of the United States Department of Health and Human Services
and the Village.
C. Copies of certificate. The veterinarian shall keep a copy of each
certificate of rabies vaccination in a file maintained for this purpose
until the date that the immunization expires or until the dog is revaccinated,
whichever occurs first.
D. Rabies vaccination tag. After issuing the certificate of rabies vaccination,
the veterinarian shall deliver to the owner a rabies vaccination tag
of durable material bearing the same serial number as the certificate,
the year the vaccination was given and the name, address and telephone
number of the veterinarian.
E. Tag to be attached. The owner shall attach the rabies vaccination tag or a substitute tag to a collar and a collar with the tag attached shall be kept on the dog at all times, but this requirement does not apply to a dog during competition or training, to a dog while hunting, to a dog securely confined indoors or to a dog securely confined in a fenced area. The substitute tag shall be of a durable material and contain the same information as the rabies vaccination tag. The requirements of this subsection do not apply to a dog which is not required to be vaccinated under Subsection
A.
F. Duplicate tag. The veterinarian may furnish a new rabies vaccination
tag with a new serial number to an owner in place of the original
tag upon presentation of the certificate of rabies vaccination. The
veterinarian shall then indicate the new tag number on the certificate
and keep a record in the file.
G. Cost. The owner shall pay the cost of the rabies vaccination and
the cost associated with the issuance of a certificate of rabies vaccination
and the delivery of a rabies vaccination tag.
[Amended 12-5-2007 by Ord. No. 2007-002; 10-16-2013 by Ord. No. 2013-004; 2-15-2023 by Ord. No. 2023-01]
A. Dog licenses.
(1) It shall be unlawful for any person in the Village of Benton to own,
harbor or keep any dog more than five months of age without complying
with the provisions of §§ 174.05 through 174.10, Wis.
Stats., relating to the listing, licensing and tagging of the same.
(2) The owner of any 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 a
license tax and obtain a license.
(3) The minimum license tax under this section for spayed females or neutered males shall be as prescribed in §
173-1. The minimum fee for unspayed or unneutered animals shall be as prescribed in §
173-1. The license year shall commence January 1 and end December 31.
(4) Upon payment of the required license tax and upon presentation of evidence that the dog is currently immunized against rabies, as required by §
115-2 of this chapter, the Village Clerk-Treasurer shall complete and issue to the owner a license for such dog containing all information required by state law. The Village Clerk-Treasurer shall also deliver to the owner, at the time of issuance of the license, a tag of durable material bearing the same serial number as the license, the name of the county in which issued and the license year.
(5) The owner shall securely attach the tag to a collar and the collar with the tag attached shall be kept on the dog for which the license is issued at all times, except as provided in §
115-2E.
(6) The fact that a dog is without a tag attached to the dog by means
of a collar shall be presumptive evidence that the dog is unlicensed.
Any law enforcement or humane officer shall seize, impound or restrain
any dog for which a dog license is required which is found without
such tag attached.
(7) Notwithstanding the foregoing, every dog specifically trained to
lead blind or deaf persons is exempt from the dog license tax, and
every person owning such a dog shall receive annually a free dog license
from the Village Clerk-Treasurer upon application therefor.
B. Kennel licenses. The term "kennel" means any establishment wherein
or whereon three or more dogs are kept for the purpose of show, sale,
boarding or breeding. Persons keeping, harboring, or maintaining more
than three dogs over the age of five months in one location shall,
in addition to the individual licenses for each dog required by this
chapter or state statutes, obtain an annual kennel license. No more
than 10 dogs over the age of five months shall be kept on any one
premises.
(1) An annual kennel license application shall be filed with the Village
Clerk-Treasurer and shall include the kennel owner's name, the
kennel operator's name if different than the owner, the kennel
address, the kennel capacity, a brief description of the kennel and
facility, whether the kennel is for personal or business use, the
owner's signature and date. The fee for an initial kennel license
shall be established from time to time by the Village Board. The license
shall be for one year and shall expire on December 31 of each year.
The fee for subsequent uninterrupted renewals shall be established
from time to time by the Village Board.
(2) Before issuance of a license, the application shall be reported to
the County Health Officer, Building Inspector or a licensed veterinarian
who shall conduct an inspection of the proposed kennel premises. They
shall report any health problems or violations to the license applicant
and the Village Clerk-Treasurer. Any problems noted during said inspections
shall be corrected prior to annual license approval or renewal.
(3) Kennels shall be located a minimum of 200 feet from any other residential
or commercial structure and at least five feet from all lot lines.
Each kennel shall be surrounded by privacy fencing of sufficient height
to contain the animals kept therein and shall contain at least 30
square feet for each animal.
(4) Upon written complaint by any Village official or resident of the Village that the licensee has violated any of the provisions of this section, the County Health Officer, Building Inspector or a licensed veterinarian shall conduct an investigation and if he/she finds the violations are occurring, he/she shall inform the licensee in writing of the specific violations then existing. The County Health Officer, Building Inspector or a licensed veterinarian shall allow the licensee a reasonable time to correct violations. Penalties for a violation of this section shall be as specified in §
115-20.
[Amended 2-15-2023 by Ord. No. 2023-01]
The Village Clerk-Treasurer shall assess and collect a late fee as prescribed in §
173-1 from every owner of a dog five months of age or over if the owner failed to obtain a license prior to April 1 of each year or within 30 days of acquiring ownership of a licensable dog or if the owner failed to obtain a license on or before the dog reached licensable age. Said late fee shall be charged in addition to the required license fee.
[Amended 10-17-2007; 11-14-2012 by Ord. No. 2012-005; 1-16-2013 by Ord. No.
2013-001]
A. Restrictions. It shall be unlawful for any person to own, possess,
keep, exercise control over, maintain, harbor, transport, or sell
within the Village corporate limits any dog, cat or other animal in
a domesticated environment which does any of the following:
(1) Habitually pursues any vehicle upon any public street, alley or highway.
(2) Assaults or attacks any person or destroys property.
(3) Is at large within the Village limits.
(4) Habitually barks, crows, cries, screeches, howls or makes any other loud or annoying sound which greatly disturbs the peace and quiet of a neighborhood and is an annoyance to any person or persons. (See §
115-11.)
(5) Kills, wounds or worries (seize with the teeth and shake or tug at
repeatedly) any domestic animal.
(6) Is known by such person to be infected with rabies or to have been
bitten by an animal known to have been infected with rabies.
(7) In the case of a dog, is unlicensed.
B. Vicious dogs.
(1) Definitions. The terms used herein shall be defined as follows:
VICIOUS DOG OR OTHER ANIMAL
(a)
Any dog with a propensity, tendency or disposition to attack,
cause injury or otherwise endanger the safety of human beings or other
domestic animals as evidenced by its habitual or repeated chasing
or snapping, or barking and/or snarling in a threatening manner.
(b)
Any dog or animal which attacks a human being or other domestic
animal without provocation.
(c)
Any dog or other animal owned or harbored primarily or in part
for the purpose of fighting, or any dog trained for dog fighting.
(d)
Any pit bull dog.
[1]
Pit bull dog. The Pit Bull Terrier breed of dog.
[2]
The Staffordshire Bull Terrier breed of dog.
[3]
The American Pit Bull Terrier breed of dog.
[4]
The American Staffordshire Terrier breed of dog.
[5]
Dogs of mixed breed or of other breeds than listed under Subsection
B(1)(d)[1] to [4] above whose breed or mixed breed is commonly known
as "pit bull," "pit bull dog" or "pit bull terrier," or any dog displaying
the majority of physical traits of any one or more of the above breeds,
or any dog exhibiting those distinguishing characteristics which substantially
conform to the standards established by the American Kennel Club.
(2) Requirements and prohibitions.
(a)
Leash and muzzle. No person owning, harboring or having the
care of a vicious dog may suffer or permit such dog to go outside
its kennel or pen unless the dog is securely leashed with a leash
no longer than four feet in length. No person may permit a vicious
dog to be kept on a chain, rope or other type of leash outside its
kennel or pen unless a person is in physical control of the leash.
The dog may not be leashed to inanimate objects such as trees, posts
and buildings. A vicious dog on a leash outside the dog's kennel shall
be muzzled by a muzzling device sufficient to prevent the dog from
biting persons or other animals. A vicious dog shall not be required
to be muzzled when shown in a sanctioned American Kennel Club show
or when it is securely confined in a locked, fenced in yard on the
owner's property and with the owner outside with the dog at all times
that the dog is outside in this fenced in area.
(b)
Confinement. All vicious dogs shall be securely confined indoors or in a securely enclosed and locked pen or kennel, except when leashed and muzzled as provided in Subsection
B(2)(a) above. The pen, kennel or structure shall have secure sides and a secure top attached to all sides. A structure used to confine a vicious dog shall be locked with a key or combination lock when the dog is within the structure. The structure shall have a secure bottom or floor attached to the sides of the pen, or the sides of the pen must be embedded in the ground no less than two feet. All structures erected to house vicious dogs shall comply with all zoning and building regulations of the Village. All structures shall be adequately lighted and ventilated and kept in a clean and sanitary condition.
(c)
Confinement indoors. No vicious dog may be kept on a porch,
patio or in any part of a house or structure that would allow the
dog to exit the building on its volition. No vicious dog may be kept
in a house or structure when the windows are open or when screen windows
or screen doors are the only obstacle preventing the dog from exiting
the structure.
(d)
Prohibited in multiple dwellings. No vicious dog may be kept
within any portion of any multiple dwelling.
(e)
Signs. All owners, keepers or harborers of vicious dogs shall,
within 15 days of the effective date of this section, display in a
prominent place on their premises a sign easily readable by the public
using the words "Beware of Dog." A similar sign is required to be
posted on the kennel or pen of the dog.
(f)
Insurance. All owners, keepers or harborers of vicious dogs
shall, within 30 days of the effective date of this section, provide
proof to the Village Clerk-Treasurer of public liability insurance
in a single-incident amount of $50,000 for bodily injury to or death
of any person or for the damage to property owned by any person which
may result from the ownership, keeping or maintenance of vicious dogs.
The insurance policy shall provide that no cancellation of the policy
will be made unless a ten-day written notice is first given to the
police officer. The owner or custodian of the dog shall produce evidence
of the required insurance upon request of a law enforcement officer.
This subsection does not apply to dogs kept by law enforcement agencies.
(g)
Spayed or neutered. All owners, keepers or harborers of vicious
dogs shall, within 30 days of the effective date of this section,
provide proof to the Village Clerk-Treasurer of the spaying or neutering
of said vicious dog.
(h)
At discretion of the Village Board or its designee, the owner,
keeper or harborer of a vicious dog may be required to, within 15
days of written notification, provide a copy of DNA test results specifically
related to the said vicious dog. This DNA test will be at the expense
of the owner, keeper or harborer.
(3) Vicious dog determination. The police officer shall investigate every dog complaint and make a determination as to whether or not such dog is vicious, as defined in Subsection
B(1) above. In the event the police officer makes a determination that a dog is vicious, he shall so inform the owner, keeper or harborer of such dog and provide such person with a copy of this section.
(4) Appeal of vicious dog determination. Any person aggrieved by the determination of the police officer, as provided in Subsection
B(3) above, may appeal such determination, as provided in Chapter
12 of this Code.
(5) Compliance. Within 10 days of the determination that a dog is vicious, as provided in Subsection
B(3) above, or 10 days after an unsuccessful appeal under Subsection
B(4) above, the owner of a vicious dog shall either comply with all provisions of this section or dispose of such dog.
(6) Disposition of vicious dog. Any vicious dog which attacks a human
being or domestic animal may be ordered destroyed by a police officer
or humane officer when, in the judgment of a court of competent jurisdiction,
the dog represents a continuing threat of serious harm to human beings
or domestic animals.
C. Animals running at large. No person having in his or her possession
or ownership any animal or fowl shall allow the same to run at large
within the Village. The owner of any animal, whether licensed or unlicensed,
shall keep his or her animal tied or enclosed in a proper enclosure
so as not to allow said animal to interfere with the passing public
or neighbors. Any animal running at large unlicensed and required
by state law or Village ordinance to be licensed shall be seized and
impounded by a humane or law enforcement officer or animal warden.
A dog or cat shall not be considered to be running at large if it
is on a leash not to exceed 10 feet in length and under control of
a person physically able to control it when the animal is off of the
owner's premises.
D. Penalty.
(1) Any person who violates any provision of this section shall, upon conviction, be subject to the payment of a forfeiture, as provided in §
1-3 of this Code. A separate offense shall be deemed committed on each day on which a violation of this section occurs or continues.
(2) Owner's liability for damage caused by dogs; penalties. The provisions
of § 174.02, Wis. Stats., relating to the owner's liability
for damage caused by dogs together with the penalties therein set
forth are hereby adopted and incorporated herein by reference.
Every owner or person harboring or keeping a dog or cat who
knows that such dog or cat has bitten any person shall immediately
report such fact to the Village Police Department and shall keep such
dog or cat confined for not less than 10 days or for such period of
time as directed. The owner or keeper of any such dog or cat shall
surrender the dog or cat to a law enforcement or humane officer upon
demand for examination.
It shall be unlawful for any person owning or possessing an
animal, dog or cat to permit such animal, dog or cat to go upon any
parkway or private lands or premises without the permission of the
owner of such premises and break, bruise, tear up, crush or injure
any lawn, flower bed, plant, shrub, tree or garden in any manner whatsoever,
or to defecate thereon.
It shall be unlawful for any person knowingly to keep or harbor
any dog which habitually barks, howls or yelps, or any cat which habitually
cries or howls, to the great discomfort of the peace and quiet of
the neighborhood or in such manner as to materially disturb or annoy
persons in the neighborhood who are of ordinary sensibilities. Such
dogs and cats are hereby declared to be a public nuisance. A dog or
cat is considered to be in violation of this section when two formal,
written complaints are filed with the Village Police Department within
a four-week period.
[Amended 10-15-2014 by Ord. No. 2014-02]
A. Proper shelter. No person owning or responsible for confining or
impounding any animal may fail to provide the animal with proper shelter
as prescribed in this section. In the case of farm animals, nothing
in this section shall be construed as imposing shelter requirements
or standards more stringent than normally accepted agriculture practices
in the particular county where the animal or shelter is located.
B. Indoor standards. Minimum indoor standards of shelter shall include:
(1) Ambient temperatures. The current temperatures shall be compatible
with the health of the animal.
(2) Ventilation. Indoor housing facilities shall be adequately ventilated
by natural or mechanical means to provide for the health of the animals
at all times.
C. Outdoor standards. Minimum outdoor standards of shelter shall include:
(1) Shelter from sunlight. When sunlight is likely to cause heat exhaustion
of an animal tied or caged outside, sufficient shade by natural or
artificial means shall be provided to protect the animal from direct
sunlight. As used in this subsection, "caged" does not include farm
fencing used to confine farm animals.
(2) Shelter from inclement weather.
(a)
Animals generally. Natural or artificial shelter appropriate
to the local climatic conditions for the species concerned shall be
provided as necessary for the health of the animal.
(b)
Dogs. If a dog is tied or confined unattended outdoors under
weather conditions which adversely affect the health of the dog, a
shelter of suitable size to accommodate the dog shall be provided.
D. Space standards. Minimum space requirements for both indoor and outdoor
enclosures shall include:
(1) Structural strength. The housing facilities shall be structurally
sound and maintained in good repair to protect the animals from injury
and to contain the animals.
(2) Space requirements. Enclosures shall be construed and maintained
so as to provide sufficient space to allow each animal adequate freedom
of movement. Inadequate space may be indicated by evidence of weakness,
stress or abnormal behavior patterns.
E. Sanitation standards. Minimum standards of sanitation for both indoor
and outdoor enclosures shall include periodic cleaning to remove urine
and feces and other waste materials, dirt and trash so as to minimize
health hazards.
F. In addition to the aforementioned restrictions, no person shall own,
possess, keep, exercise control over, maintain or harbor any dog,
cat, fowl or other animal on or in any unoccupied (other than a primary)
residence. Any dog, cat, fowl or any other animal deemed to be maintained
in this fashion shall be impounded immediately.