A.
Upon conducting an investigation, a law enforcement officer may issue
an order declaring an animal to be a dangerous animal. Whenever an
owner or caretaker wishes to contest an order, he or she shall, within
72 hours after receipt of the order, deliver to the Police Department
a written objection to the order stating specific reasons for contesting
the order. Upon receipt of the written objection, the matter shall
be placed on the agenda for the Town Board to be reviewed at the next
regular meeting. The Town Board shall act as a quasi-judicial body,
allowing the animal's owner or caretaker an opportunity to present
evidence as to why the animal should not be declared dangerous.
B.
After the hearing, the owner or caretaker shall be notified in writing of the Board's determination. If the Board upholds the determination that the animal is dangerous, the owner or caretaker shall comply with the requirements of § 197-36. If the owner or caretaker further contests the determination, he or she may, within five days of receiving the Town Board's decision, seek review of the decision by the Circuit Court.
C.
Upon an animal being declared dangerous, the owner or caretaker shall immediately comply with leashing, muzzling, and confinement requirements of § 197-36, with all other requirements in that section being satisfied within 30 days of the dangerous declaration or reaffirmation thereof, or within such time as established by the Town Board.
A.
Dangerous animals regulated.
(1)
No person may harbor or keep a dangerous animal within the Town unless
all provisions of this section are complied with. Any animal that
is determined to be a prohibited dangerous animal under this article
shall not be kept or harbored in the Town.
(2)
The issuance of a citation for a violation of this section need not
be predicated on a determination that an animal is a dangerous animal.
B.
Registration. The owner of any animal declared dangerous, shall register
it with the Police Department upon disposition, and annually thereafter
on or before April 1 of each year, by providing a current color photograph
of the animal and payment of a registration fee as established in
the Town's fee schedule.
C.
Leash and muzzle.
(1)
No owner or caretaker, harboring or having the care of a dangerous
animal may permit such an animal to go outside its dwelling, kennel,
or pen unless the animal is securely restrained with a leash no longer
than four feet in length.
(2)
No person may permit a dangerous animal to be kept on a chain, rope,
or other type of leash outside its dwelling, kennel, or pen unless
a person who is 16 years of age or older, competent to govern the
animal and capable of physically controlling and restraining the animal,
is in physical control of the leash.
(3)
A dangerous animal may be securely leashed or chained to an immoveable
object, with the owner or caretaker being in the physical presence
of the animal at all times when it is so leashed or chained.
(4)
A dangerous animal outside of the animal's dwelling, kennel,
or pen shall be muzzled in a humane way by a muzzling device sufficient
to prevent the animal from biting persons or other animals.
D.
Confinement.
(1)
Except when leashed and muzzled, all dangerous animals shall be securely
confined indoors or in a securely enclosed and locked pen or kennel
that is located on the premises of the owner or caretaker and constructed
in a manner that does not allow the animal to exit the pen or kennel
on its own volition.
(2)
When constructed in a yard, the pen or kennel shall, at a minimum,
be constructed to conform to the requirements of this paragraph. The
pen or kennel shall be childproof from the outside and animal-proof
from the inside. A strong, metal double fence with adequate space
between fences (at least two feet) shall be provided so that a child
cannot reach into the animal enclosure. The pen, kennel, or structure
shall have secure sides and a secure top attached to all sides. A
structure used to confine a dangerous animal shall be locked with
a key or combination lock when the animal is within the structure.
The structure shall either have a secure bottom or floor attached
to the sides of the pen or the sides of the pen shall be embedded
in the ground no less than two feet. All structures erected to house
dangerous animals shall comply with all Town zoning and building regulations.
All structures shall be adequately lighted and ventilated and kept
in a clean and sanitary condition.
(3)
No dangerous animal may be kept on a porch, patio, or in any part
of a house or structure on the premises of the owner or caretaker
that would allow the animal to exit the building on its own volition.
No dangerous animal 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 animal from exiting the structure.
E.
Signs. The owner or caretaker of a dangerous animal shall display,
in prominent places on his or her premises, near all entrances to
the premises, signs, in letters not less than two inches high, warning
that there is a dangerous animal on the property. A similar sign is
required to be posted on the kennel or pen of the animal. In addition,
the owner or caretaker shall conspicuously display a sign with a symbol
warning children of the presence of a dangerous animal.
F.
Spay and neuter requirement. Within 30 days after an animal has been
designated dangerous, the owner or caretaker of the animal shall provide
written proof from a licensed veterinarian that the animal has been
rendered sterile.
G.
Liability insurance. The owner or caretaker of a dangerous animal
shall present to the Police Department a certificate of insurance
that the owner or caretaker has procured liability insurance in an
amount not less than $1,000,000 for any personal injuries inflicted
by the dangerous animal. Whenever such policy is cancelled or not
renewed, the insurer and animal's owner or caretaker shall notify
the Police Department of such cancellation or nonrenewal in writing
by certified mail.
I.
Notification. The owner or caretaker shall notify the Police Department
within 24 hours if a dangerous animal is at large, is unconfined,
has attacked another animal, has attacked a human being, or has died.
No person may sell or transfer possession of a dangerous animal to
another person without first notifying the person to whom the dangerous
animal is being sold or transferred of the fact that such animal is
a dangerous animal and of any requirements imposed upon the selling
or transferring party by this article. No person may sell or transfer
possession of a dangerous animal to another person, agency, organization,
or the like without first notifying the Police Department in writing,
at least three days in advance of the sale or transfer of possession
with the name, address and telephone number of the new owner of the
dangerous animal. If the dangerous animal is sold or given away to
a person residing outside the Town, the owner or caretaker shall provide
written notification to the Police Department of the animal's
new residence, including the name, address and telephone number of
the new owner of the dangerous animal.
J.
Euthanasia. If the owner or caretaker of an animal that has been
designated a dangerous animal is unwilling or unable to comply with
the regulations for keeping the animal in accordance with this section,
he or she may have the animal euthanized by an animal shelter, the
humane society, or a licensed veterinarian.
Notwithstanding the definition of dangerous animal in § 197-1:
A.
No animal may be declared dangerous if death, injury, or damage is
sustained by a person who, at the time such injury or damage was sustained,
was committing a trespass on the land or criminal trespass on the
dwelling upon premises occupied by the owner of the animal; was teasing
tormenting, abusing, or assaulting the animal; or was committing or
attempting to commit a crime or violating or attempting to violate
an ordinance which protects persons or property.
B.
No animal may be declared dangerous if death, injury, or damage was
sustained by a domestic animal which, at the time such was sustained,
was teasing, tormenting, abusing, or assaulting the animal.
C.
No animal may be declared dangerous if the animal was protecting
or defending a human being within the immediate vicinity of the animal
from an unjustified attack or assault.
A.
No person may bring into or keep in the Town any animal that is a
prohibited dangerous animal.
B.
Determination of a prohibited dangerous animal.
(1)
The Police Department may determine an animal to be a prohibited dangerous animal whenever the Police Department finds that an animal meets the definition of prohibited dangerous animal or is a dangerous animal in noncompliance with any of the provisions of § 197-36.
(2)
Upon conducting an investigation and finding an animal meets the
definition of a prohibited dangerous animal, the Police Department
may issue an order declaring an animal to be a prohibited dangerous
animal. Whenever an owner or caretaker wishes to contest an order,
he or she shall, within 72 hours after receipt of the order, deliver
to the Police Department a written objection to the order stating
specific reasons for contesting the order. Upon receipt of the written
objection, the matter shall be placed on the agenda for the Town Board
to be reviewed at the next regular meeting. The Town Board shall act
as a quasi-judicial body allowing the animal's owner or caretaker
an opportunity to present evidence as to why the animal should not
be declared a prohibited dangerous animal.
(3)
Pending the outcome of the hearing, the animal may be confined subject
to § 173.21, Wis. Stats., or held at a location outside
the limits of the Town.
(4)
After the hearing, the owner or caretaker shall be notified in writing of the Board's determination. If a determination is made that the animal is a prohibited dangerous animal, the owner or caretaker shall comply with the requirements of Subsection A within five days after the date of the determination. If the owner or caretaker further contests the determination, he or she may, within five days of receiving the Town Board's decision, seek review of the decision by the Circuit Court.
C.
Destruction. Any dog that has caused bodily harm to a person, persons,
or a domestic animal on two occasions off the owner's premises,
without reasonable cause, may be destroyed as a result of judgment
rendered by a court of competent jurisdiction, as specified under
§ 174.02(3), Wis. Stats. The Town may petition an appropriate
court to obtain a court order to destroy such a dog.
D.
Enforcement. The Police Department may make whatever inquiry is deemed
necessary to ensure compliance with this section.
E.
Waiver. The Town Board may waive the provisions of this section for
a law enforcement or military animal upon presentation by the animal's
owner or handler of a satisfactory arrangement for safekeeping of
the animal.
