[Adopted 4-15-1998 as §§ 12.05 and 12.10 of the 1998 Code; amended 4-13-2011]
[Amended 7-9-2014 by Ord. No. O-2014-12]
No person shall own, harbor or keep any dog more than five months of age without complying with the provisions of § 174.05, Wis. Stats., relating to the listing, licensing and tagging of the same, excepting only dogs owned by persons whose stay is temporary while vacationing.
As used in this article, the following terms shall have the meanings indicated:
AT LARGE
To be off the premises of the owner and not under the control of some person, either by leash or otherwise, but a dog within an automobile of any person with the consent of the dog's owner shall be deemed to be on the owner's premises.
KENNEL
Any establishment where dogs are kept for breeding, sales or sporting purposes.
OWNER
Any person owning, harboring or keeping a dog, and the occupant of any premises on which a dog remains on to which it customarily returns daily for a period of 10 days is presumed to be harboring or keeping the dog.
No person shall own, harbor or keep any dog which:
A. 
Habitually pursues any vehicle upon a public road or highway in the Village.
B. 
Assaults or attacks any person.
C. 
Is at large within the limits of the Village.
D. 
Habitually barks or howls to the annoyance of any person or persons.
E. 
Kills, wounds or worries any animal.
F. 
Is known by such person to be infected with rabies or to have been bitten by any animal known to have been infected with rabies.
The Village's designated animal control agent, any authorized employee of the Village, or any county or Village law enforcement officer may apprehend and impound any dog within the classification of § 171-19.
The possession of any dog impounded pursuant to the provisions of this article may be obtained by paying to the Village's designated animal control agent all fees charged by the same for the capture, transport, impoundment and care of the dog. In the case that additional charges related to the capture, transport, impoundment and care of the dog are incurred by and paid for by the Village, the Village shall bill these charges to the owner of the animal.
[Added 5-23-2018 by Ord. No. O-2018-07[1]]
A. 
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
DANGEROUS DOG/POTENTIALLY DANGEROUS DOG
(1) 
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.
(2) 
Any dog which attacks a human being or another domestic animal without provocation.
B. 
Penalty. Any person who violates any provisions of this article shall, upon conviction, be subject to the payment of a forfeiture, as provided in § 171-23. A separate offense shall be deemed committed on each day on which a violation of this article occurs or continues.
C. 
Leash and muzzle requirements and prohibitions. No person owning, harboring or having the care of a dangerous or potentially dangerous dog may suffer or permit such dog to go outside its kennel or controlled contained area unless the dog is securely leashed with a leash no longer than six feet in length. No person may permit a dangerous or potentially dangerous 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 dangerous or potentially dangerous dog may not be leashed to inanimate objects such as trees, posts and buildings. A dangerous or potentially dangerous dog on a leash outside the dog's kennel or controlled contained area shall be muzzled by a muzzling device sufficient to prevent the dog from biting persons or other animals.
D. 
Confinement. All dangerous or potentially dangerous dogs shall be securely confined indoors or in a securely enclosed and locked pen or kennel, except when leashed and muzzled as provided above. The pen, kennel or structure shall have secure sides and a secure top attached to all sides or sides that subject dog cannot scale or go over. A structure used to confine a dangerous or potentially dangerous dog shall be locked with a key or combination lock when the dangerous or potentially dangerous 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 dangerous or potentially dangerous 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.
E. 
Confinement indoors. No dangerous or potentially dangerous dog may be kept on a porch, patio or in any part of a house or structure that would allow the dangerous or potentially dangerous dog to exit the building on its volition. No dangerous or potentially dangerous 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.
F. 
Prohibited in multiple dwellings. No dangerous or potentially dangerous dog may be kept within any portion of any multiple-dwelling building.
G. 
Signs. All owners, keepers or harborers of dangerous or potentially dangerous dogs shall 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.
H. 
Insurance. All owners, keepers or harborers of dangerous or potentially dangerous dogs shall provide proof to the Village animal control/humane officer of public liability insurance in a single incident amount of $1,000,000 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 dangerous 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 Village animal control/humane officer. The owner or custodian of the dangerous or potentially dangerous dog shall produce evidence of the required insurance upon request of a law enforcement officer. This section does not apply to dogs kept by law enforcement agencies.
I. 
Dangerous or potentially dangerous dog determination.
(1) 
The Village animal control/humane officer shall investigate every serious dog bite or aggressive dog complaint and decide as to whether or not such dog is dangerous or potentially dangerous as defined in § 171-22A.
(2) 
In the event the Village animal control/humane officer decides that a dog is dangerous/potentially dangerous, he/she shall inform the owner, keeper or harborer of such dog and provide such person with a copy of this article.
J. 
Appeal of dangerous or potentially dangerous dog determination. Any person aggrieved by the determination of the Village animal control/humane officer as provided in Chapter 171, Article I, may appeal such determination to the Village Board. Such appeal shall be made to the Village Clerk's office, which shall forward the request to the Village Board to be acted upon within 60 days of appeal application. A written copy of the decision shall be provided to the appealing party. The Village Board may modify any of the requirements contained above.
K. 
Compliance. Within 10 days of the determination that a dog is dangerous or potentially dangerous, the owner of a dangerous or potentially dangerous dog shall either comply with all provisions of this article or dispose of such dog, or the owner shall comply with all provisions while awaiting appeal.
L. 
Disposition of dangerous or potentially dangerous dogs. Any dangerous or potentially dangerous dog which attacks a human being or domestic animal may be ordered destroyed by a Village police officer or Village animal control/humane officer when, in the judgment of a court of competent jurisdiction, the dangerous or potentially dangerous dog represents a continuing threat of serious harm to human beings or domestic animals.
[1]
Editor's Note: This ordinance also redesignated former § 171-22, Violations and penalties, as § 171-23.
Except as otherwise provided, in addition to the revocation, suspension or nonrenewal of any license issued under this article, any person found to be in violation of any provision of this article shall be subject to a penalty as provided in § 1-4 of the Code of the Village of Bellevue.