In this chapter, unless the context or subject matter otherwise
requires, the following terms shall have the meanings indicated:
ANIMAL
Mammals, reptiles and birds.
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 or cat within
an automobile of its owner, or in an automobile of any other person
with the consent of the owner of said dog or cat, shall be deemed
to be upon the owner's premises.
CAT
Any feline, regardless of age or sex.
CRUEL
Causing unnecessary and excessive pain or suffering or unjustifiable
injury or death.
DOG
Any canine, regardless of age or sex.
FARM ANIMAL
Any warm-blooded animal normally raised on farms in the United
States and used for food or fiber.
LAW ENFORCEMENT OFFICER
Has that meaning as appears in § 967.02(5), Wis.
Stats., and includes a humane officer under § 173.03, Wis.
Stats., but does not include a conservation warden appointed under
§ 23.10, Wis. Stats.
NEUTERED
A dog or cat having nonfunctional reproductive organs.
OWNER
Any person owning, harboring or keeping a dog or cat and
the occupant of any premises on which a dog or cat remains or to which
it customarily returns daily for a period of 10 days; such person
is presumed to be harboring or keeping the dog or cat within the meaning
of this chapter.
PET
An animal kept and treated as a pet.
RESTRAIN
Includes notifying the dog's or cat's owner or an officer
and requesting either the owner or officer to capture and restrain
the dog or cat, or capturing and restraining the dog or cat, and killing
the dog or cat if the circumstances require immediate action.
UNTAGGED
Not having a valid license tag attached to a collar kept
on the dog or cat whenever the dog or cat is outdoors unless the dog
or cat is securely confined in a fenced area.
The Village Treasurer shall assess and collect a late fee as
set by the Village Board from every owner of a dog or cat 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 cat, or if the owner failed to obtain a license on or before
the dog or cat reached licensable age. Said late fee shall be charged
in addition to the required license fee.
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.
[Amended 5-11-2015 by Ord. No. 2015-01]
A. Keeping of dangerous animals prohibited. It shall be unlawful to
keep, harbor, own or in any way possess within the corporate limits
of the Village of Brandon:
(1) Any warm-blooded, carnivorous or omnivorous, wild or exotic animal,
including, but not limited to, nonhuman primates, raccoons, skunks,
foxes and wild and exotic cats.
(2) Any animal having poisonous bites.
B. Definitions. As used in this section, the following terms shall have
the meanings indicated:
BITE
A puncture or tear of the skin inflicted by the teeth of
an animal consistent with the closing of the teeth upon the victim.
DANGEROUS DOG
(1)
Any dog which, because of its aggressive nature, training or
characteristic behavior, is capable of inflicting serious physical
harm or death to humans, and which would constitute a danger to human
life or property if it were not kept in the manner required by this
section; and
(2)
Any dog which, when unprovoked, chases or approaches a person
in a menacing fashion or apparent attitude of attack on public or
private property.
OWNER
Any person, firm, corporation, organization or department
possessing, harboring or having the care or custody, whether temporarily
or permanently, of a dog or any person who licensed the dog through
the Village of Brandon with Fond du Lac County.
PIT BULL
Any pit bull terrier, which shall be defined as any American
pit bull terrier or Staffordshire bull terrier or American Staffordshire
terrier breed of dog, or any mixed breed of dog which contains as
an element of its breeding, the breed of American pit bull terrier
or Staffordshire bull terrier or American Staffordshire terrier as
to be identifiable as partially of the breed of American pit bull
terrier or Staffordshire bull terrier or American Staffordshire bull
terrier.
UNTAGGED ANIMALS
An animal is considered to be untagged if a valid license
tag is not attached to a collar which is kept on the animal.
VICIOUS DOG
Any dog with a propensity, tendency or disposition to attack
unprovoked, to cause injury to or otherwise threaten the safety of
human beings or domestic animals; or any dog, which without provocation,
attacks or bites, or has attacked or bitten a human being or domestic
animal; or any dog owned or harbored primarily, or in part, for the
purpose of dog fighting or any dog trained for dog fighting, or any
dog which has been found to be vicious by the circuit court in a trial
or hearing upon a charge of harboring a vicious animal.
C. Vicious dogs. No person shall harbor, keep or maintain within the
Village limits of the Village of Brandon any vicious dog. Any dog
alleged to be vicious by virtue of biting/attacking a human being
or domestic animal shall be impounded by the Village of Brandon Police
Department, or removed from the Village, until disposition of the
citation issued. Moreover, the owner of any dog found to be vicious
in the trial of the charge of harboring a vicious dog, or by plea
to such a charge, shall be prohibited from returning that dog to the
Village of Brandon.
D. Pit bulls.
(1) No personal shall harbor, keep or maintain within the Village limits
of the Village of Brandon any pit bull, which was not currently registered
and licensed by the Village of Brandon. This prohibition shall not
be applied to animals being transported through the Village limits
of the Village of Brandon within a one-hour period of time and to
dogs exempted under §§ 174.055 and 174.056, Wis. Stats.
(2) Any person having knowledge which he or she believes constitutes
probable cause to believe that another is harboring, keeping or maintaining
a pit bull which was not registered with and licensed by the Village
of Brandon, in the Village of Brandon, shall file with the Village
of Brandon Police Department a sworn affidavit setting forth the basis
on which they believe the animal to be a pit bull, the name and address
of the owner of the dog, and a description of the dog. The Police
Department shall, upon receipt of such affidavit, inquire of the Village
Clerk:
(a)
If the dog was licensed on December 31; and
(b)
If the dog is currently registered as a pit bull pursuant to
the provisions of this section.
(3) If the dog was not registered and licensed by the Village of Brandon
on December 31 or is not currently registered pursuant to the provisions
of this section, the Village Clerk shall notify the Village of Brandon
Police Department of this fact and the Village of Brandon Police Department
shall serve notice upon the owner of the alleged pit bull, including
the requirement that the owner shall bring said alleged pit bull to
the veterinarian stated in the aforementioned notice for inspection
to determine whether this dog is a pit bull by definition as set forth
in this section. In the event that the veterinarian determines that
the dog is a pit bull as set forth by definition in this section,
the Village of Brandon Police Department shall cite the owner of the
alleged pit bull in accordance with the provisions of this section.
E. Dangerous dogs. Any person having knowledge which he or she believes
constitutes probable cause to believe that another is harboring, keeping
or maintaining a dangerous dog which is not registered with and licensed
by the Village of Brandon in accordance with this section shall file
with the Village of Brandon Police Department a sworn affidavit setting
forth the basis on which they believe the animal to be a dangerous
dog, the name and address of the owner of the dog, and a description
of the dog. The Police Department shall, upon receipt of such affidavit,
inquire of the Village Clerk if the dog is currently registered as
a dangerous dog pursuant to this section. If the dog is not registered,
the Village Clerk shall notify the Village of Brandon Police Department
of this fact and the Village of Brandon Police Department shall serve
notice upon the owner of the alleged dangerous dog.
F. Return of vicious dogs/pit bull prohibited. No person shall return
to or harbor within the Village limits of the Village of Brandon a
dog previously determined by the Fond du Lac County Circuit Court
to be a vicious dog or a pit bull. The disposition of such a dog shall
be in accordance with this section.
G. Exception. No dog shall be declared to be a vicious dog if the injury
or damages was sustained by a person who, at the time, was teasing,
tormenting, abusing or assaulting the dog, or which dog was protecting
its owner from attack by a human being. No dog shall be declared to
be a dangerous dog if the proof of dangerousness concerns an incident
where a person was teasing, tormenting, abusing or assaulting the
dog, or which dog was protecting its owner from attack by a human
being.
H. Registration.
(1) All owners of dangerous dogs or pit bulls shall, on or before December
31, and annually thereafter on or before December 31 of each year,
register their dog and shall provide a current color photograph of
the dog with the Village Clerk's office and pay a registration
fee as set by the Village Board. At the time of registration, each
owner of any dangerous dog or pit bull kept within the Village limits
of the Village of Brandon shall provide to the Village Clerk's
office proof of liability insurance in the amount of at least $100,000
for any acts of property damage or liability incurred by virtue of
injury inflicted by such dog. Such insurance shall name the Village
as coinsured solely for the purpose of notice of cancellation of the
policy. Upon payment of the fee, the Village Clerk shall issue a current
dangerous dog collar which is pink in color for the purpose of identification,
and which collar is to be worn by the dog at all times as proof of
registration. If, when due to the length of the dog's hair, the
collar is not visible, an approved colored lead or chain may be used.
(2) An owner of a dangerous dog or pit bull who fails to register his
or her dog is subject to a forfeiture of not less than $100 nor more
than $2,000 per day.
(3) An owner of a dangerous dog or pit bull who registers but neglects
to have the dangerous dog collar worn by the dog at all times is subject
to a forfeiture of not less than $25 nor more than $2,000 per day.
(4) A dangerous dog collar may be removed from a dangerous dog or pit
bull for grooming or purposes of other care when the dog is secured
indoors or in an approved pen.
(5) The owner of any pit bull registered and licensed by the Village
Clerk shall comply with all provisions of this section applicable
to dangerous dogs. Any owner of a pit bull who fails to keep current
the dog's license and registration as provided herein must remove
the dog from the Village of Brandon and will not be eligible to reregister
the dog. The owner of any previously permitted pit bull who fails
to keep current the dog's license is subject to the penalties
applicable to any pit bull not registered and licensed on December
31.
I. Requirements of dangerous dogs/pit bulls.
(1) While on the owner's property, a dangerous dog or pit bulls
must be securely confined indoors or outside in a securely enclosed
and locked pen or structure, suitable to prevent the entry of young
children, and designed to prevent the animal from escaping. The dog
may be on the owner's property, out of the secure pen, if muzzled
and restrained on a leash not exceeding six feet in length. The dog
must be under the control of an adult, able-bodied person capable
of physically controlling the dog.
(a)
Muzzle specifications. The muzzle must prevent the dog from
biting a person or animal, but shall not interfere with the dog's
vision or breathing.
(2) The owner of a dangerous dog shall display a sign on the premises
facing out from all sides of the premises warning that there is a
dangerous dog on the property. This sign should be visible and able
to be read from a public highway or sidewalk, specifically any point
of entry to the premises. The sign shall read "Beware of Dog" or "Dangerous
Dog on Property."
(3) A dangerous dog may be off the owner's property if it is muzzled and restrained on a leash not exceeding six feet in length. The dog must be under the control of an adult, able-bodied person capable of physically controlling the dog. See Subsection
I(1)(a), Muzzle specifications.
(4) The provisions of this section regarding dangerous and vicious dogs
shall not apply to animals owned by law enforcement agencies and used
for law enforcement purposes.
J. Apprehension and impoundment.
(1) It shall be the duty of such persons, as from time to time may be
designated by resolution of the Village Board, to apprehend any unlicensed
dogs. The Village of Brandon Police Department shall, whenever possible,
see that such dogs are transferred to a designated kennel at the earliest
possible date where the dogs may be taken care of and reclaimed by
the owner under the rules and regulations of said kennel. When the
Village impounds the dog before being transferred to a kennel, the
owner reclaiming the dog shall be required to pay a fee set by the
Village of Brandon.
(2) It shall be the duty of the Village of Brandon Police Department
and such other persons, as from time to time may be designated by
resolution of the Village Board, to apprehend any dangerous dogs running
at large. Any dangerous dog found running at large shall be impounded
and returned to its owner only upon proof of registration as a dangerous
dog. A police officer may shoot a dog if the dog attacks the officer
or approaches the officer in a menacing fashion so that the officer
believes that the dog is about to attack him or her.
(3) In any event, when a dog is impounded, the impounding authority shall
give notice to the owners of the impoundment and advise the owners
whether and under what circumstances the dog may be redeemed. The
owner of any animal impounded, confined or destroyed pursuant to the
terms of this section shall be responsible for all costs of such confinement,
impoundment or destruction.
K. Removal of dog pending litigation. Whenever any person is charged with harboring a vicious dog or pit bull, as defined in this section, that person shall, to the satisfaction of the court, remove said dog from the Village of Brandon until the trial of the citation. If the owner fails to remove the dog within 48 hours of the service of the citation, the Village of Brandon Police Department shall impound the dog until the trial on the citation. If the dog is determined by plea or trial to be a vicious dog or pit bull as provided by this section, it shall not be returned to the Village of Brandon. Any dog returned to the Village of Brandon after being determined to be a vicious dog or a pit bull constitutes a public nuisance as pursuant to §
349-2A of this Code.
L. License required. All dogs shall be licensed as provided in §
187-3 of this chapter.
M. Violations. Every day that a violation of this section continues
shall be deemed a separate offense. In addition to the foregoing penalties,
any person who violates this section shall pay all expenses, including
shelter, food, handling, veterinary care, and expert testimony fees
necessitated by enforcement of this section.
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.
[Amended 8-9-2004]
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. The owner
of a dog or cat is considered to be in violation of this section when
two formal complaints are filed with the Police Department.
It shall be unlawful for any person to establish or maintain
any hive, stand or box where bees are kept or keep any bees in or
upon any premises within the corporate limits of the Village unless
the bees are kept in accordance with the following provisions:
A. No hive, stand or box where bees are kept shall be located closer
than 20 feet to any property boundary. Such hives, stands or boxes
may only be located in the rear yard.
B. If bee colonies are kept within 50 feet of any exterior boundary
of the property on which the hive, stand or box is located, a barrier
that will prevent bees from flying through it, no less than five feet
high, shall be installed and maintained along said exterior boundary.
Said barrier may be either a natural planting or artificial.
C. Fresh, clean watering facilities for bees shall be provided on said
premises.
D. The bees and equipment shall be kept in accordance with the provisions
of state law.
E. A conditional use permit shall first be obtained pursuant to Chapter
485, Zoning.