Any police officer may shelter and care for any horse or other
animal found to be cruelly exposed to the weather, starved, neglected
or abandoned and may deliver such animal to another person to be sheltered,
cared for and given medical attention, if necessary. In all cases,
the owner, if known, shall be immediately notified and the person
having possession of the animal shall have a lien thereon for his
care, keeping, medical attention and expenses of notice. Whenever,
in the opinion of a police officer, an animal is hopelessly injured
or diseased so as to be beyond the probability of recovery, it shall
be lawful for such police officer to kill such animal.
[Added 11-4-1999 by Ord. No. 1001]
A. It shall be unlawful for any person to keep, maintain, or have in
his possession or under his control within the City any poisonous
reptile or any other dangerous or carnivorous wild animal or reptile,
any vicious or dangerous domesticated animal or any other animal or
reptile of wild, vicious or dangerous propensities. Specifically,
it shall be unlawful for any person to keep, maintain, or have in
his possession or under his control within the City any of the following
animals:
(1) All poisonous animals and reptiles including rear-fang snakes.
(2) Apes. Chimpanzees (Pan); gibbons (Hylobates); gorillas (Gorilla);
orangutans (Pongo); and siamangs (Symphalangus).
(3) Baboons (Papoi, Mandrillus).
(5) Cheetahs (Acinonyx jubatus).
(6) Crocodilians (Crocodilia) 30 inches in length or more.
(7) Constrictor snakes, six feet in length or more.
(9) Elephants (Elephas and Loxodonta).
(10)
Game cocks and other fighting birds.
(11)
Hippopotami (Hippopotamidea).
(14)
Leopards (Panthera pardus).
(17)
Monkeys, old world (Cercopithecidae).
(18)
Pumas (Felis concolor), also known as cougars, mountain lions
and panthers.
(19)
Ocelots (Felis pardalis).
(20)
Rhinoceroses (Rhinocerotidae).
(21)
Snow leopards (Panthera uncia).
(22)
Tigers (Panthera tigris).
(23)
Wolves: red wolf (Canis lupus), gray timber (Canis niger), or
hybrid dog part wolf.
B. Pet shops. The provisions of Subsection
A above shall not apply to licensed pet shops, zoological gardens, circuses, professional animal acts and wild life exhibits if:
(1) Their location conforms to the provisions of Chapter
400, Zoning, of the City Code.
(2) All animals and animal quarters are kept in a clean and sanitary
condition and so maintained as to eliminate objectionable odors.
(3) Animals are maintained in quarters so constructed as to prevent their
escape.
(4) No person lives within 100 feet of the quarters in which the animals
are kept.
C. Exceptions. "Wild animal" does not include captive-bred species of
caged birds, rodents, turtles, fish, and nonpoisonous, nonconstricting
snakes.
[Added 10-3-2002 by Ord. No. 1117]
A. Definitions. As used in this section, the following terms shall have
the meanings indicated:
ANIMAL BITE
Any bite from an animal which occurs without provocation
and causes less than serious injury to a person, livestock or domestic
animal.
AT LARGE
The animal is off the premises of the owner or keeper and
not accompanied by and under the control of a person of suitable age
and able to control the animal.
DANGEROUS ANIMAL
(1)
Any animal 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;
(2)
Any animal which, when unprovoked, chases or approaches a person
in a menacing fashion or apparent attitude of attack on public or
private property;
(3)
Any animal which has caused less than serious injuries to humans,
livestock or domestic animals after the owner was notified or should
have known that the animal previously injured or caused injury to
a person, livestock or domestic animal; or
(4)
Any animal which has been found to be dangerous by the Municipal
Court of the City of Muskego in a trial or hearing upon a charge of
harboring a dangerous animal.
PREMISES
Premises of the owner shall be defined as the residence of
said owner, including the attached property surrounding said residence
that is leased or owned by said owner but not including any common
area, park or recreational property jointly owned or leased by the
members of a homeowners' or tenants' association.
OWNER
Any person, including a keeper or custodian, owning, possessing,
harboring or having the care or custody, whether temporarily or permanently,
of an animal.
VICIOUS ANIMAL
(1)
Any animal with a propensity, tendency, or disposition to attack
or cause serious injury to human beings or domestic animals;
(2)
Any animal which, without provocation, attacks, bites, kicks,
or has attacked or bitten a human being or domestic animal causing
serious injury; or
(3)
Any animal which has been found to be vicious by the Municipal
Court of the City of Muskego, Circuit Court, or any other municipal
court in a trial or hearing upon a charge of harboring a vicious animal.
B. Vicious animals. No person shall harbor, keep or maintain within
the City limits of the City of Muskego any vicious animal. Violators
of this subsection shall be summoned to appear before the Municipal
Court.
(1) Whenever any person is charged with harboring a vicious animal as defined in this section, that person shall, to the satisfaction of the Police Chief, confine said animal, as defined in Subsection
C(1) through
(3) of this section, until the trial on the citation. If the owner fails to confine the animal within 48 hours of the issuance of the citation, the Muskego Police Department shall impound the animal until the trial on the citation. If the animal is determined by plea or trial to be a vicious animal pursuant to law, the Court shall be empowered and required to order such disposition of the animal as shall best safeguard the health, safety and welfare of the general public. The Court shall further order the animal impounded until it is satisfied that arrangements have been made to comply with the Court's order. Failure to make such arrangements within seven days of the hearing shall be deemed to constitute consent by the owner to destruction of the animal, and the Court shall order the destruction of the animal by humane means.
(2) The owner of an animal found to be vicious pursuant to this section
shall provide certification of the implantation of an identification
microchip if the disposition of the vicious animal is not the destruction
of the animal. The microchip shall be an American Veterinary Identification
Device (AVID) or equivalent. The chip implanted in the animal shall
be consistent with the AVID technology and readable by an AVID scanner.
C. Dangerous animals. No person shall harbor, keep or maintain within
the City limits of the City of Muskego any dangerous animal not in
compliance with this section. Determination of a dangerous animal
will be made by the Municipal Court upon complaint and summons issued
by the Police Department to the owner.
(1) Dangerous animal on premises of owner. A dangerous animal, as defined
in this section, must be securely confined indoors or in a securely
enclosed and locked pen or structure, suitable to prevent the entry
of young children, designed to prevent the animal from escaping, and
designed so that the snout of the animal cannot protrude beyond the
enclosure. Such pen or structure must have a minimum dimension of
five feet by 10 feet and must have secure sides and a secure top.
If it has no bottom secured to the sides, the sides must be imbedded
into the ground not less than two feet. The enclosure must also provide
protection from the elements for the animal.
(2) The owner shall display a sign on his or her premises, facing out
from all sides of the premises, warning that there is a dangerous
animal on the property. This sign should be visible and capable of
being read from a public highway or thoroughfare or within 20 feet
of its placement. In addition, the owner shall conspicuously display
a sign with a symbol warning children of the presence of a dangerous
animal.
(3) Dangerous animal off premises. A dangerous animal, as defined in
this section, may be off the owner's premises if it is muzzled
and restrained by a suitable lead or chain not exceeding three feet
in length and is under the control of an adult, able-bodied person.
The muzzle must be made in a manner that will not cause injury to
the animal or interfere with its vision or respiration but must prevent
it from biting any person or animal.
(4) The owner of a dangerous animal, as defined by this section, shall
provide certification from a veterinarian of the implantation of an
identification microchip. The microchip shall be an American Veterinary
Identification Device (AVID) or equivalent. The chip implanted in
the animal shall be consistent with the AVID technology and readable
by an AVID scanner.
D. No animal shall be declared to be vicious or dangerous if the animal
caused injury or damage to a person who, at the time, was teasing,
tormenting, abusing or assaulting the animal, or if the animal was
protecting its owner from attack by a human being.
E. Animals which cannot be brought to an animal shelter or impounded
because of inability of the owner or police officer to extricate or
capture an animal which the officer has reasonable cause to believe
may be vicious, dangerous or infected with any dangerous or incurable
disease or in any painfully crippled condition may be destroyed by
a police officer, or veterinarian if available.
F. Noisy animals prohibited. No person shall keep an animal which by
barking, fighting, howling, or other natural sound made by the animal
disturbs the peace and quiet of the neighborhood.
G. Animal control. A police officer or county humane officer may apprehend
and confine animals in violation of this section and may commence
action in the name of the City for the collection of forfeitures for
violation of this section.
H. Impounding of animals. A police officer, county humane officer, or
Health Officer may apprehend and confine in the animal shelter any
animal found in violation of this section or any animal suspected
of rabies.
I. Examination for rabies. The keeper of the animal shelter shall keep
any animal suspected of rabies for such period as the Health Officer
shall deem necessary to determine whether such animal has rabies.
If the animal is found to have rabies, it shall be disposed of in
a humane manner by the keeper of the shelter or by the Health Officer.
J. Disposition of unclaimed animals. The keeper of the animal shelter
shall keep all animals apprehended hereunder for seven days, and if
any animal is not claimed within such time the animal may be sold
or destroyed in a humane manner.
K. Payment of costs. The owner of an animal impounded may reclaim the
animal upon the payment of an apprehension fee set by the Common Council
and an additional fee set by the Common Council for each day that
the animal is impounded. In addition thereto, any expenses for inoculation,
destruction or other medical treatment of the animal shall be paid
by the owner of the animal.
L. No person shall return to or harbor within the City limits of the
City of Muskego an animal previously determined by the Municipal Court
to be a vicious animal or used in the sport of animal fighting.
M. It is unlawful in the City of Muskego to own or possess any animal used or that has been used or trained in the sport of animal fighting. Whenever any person is charged with harboring an animal used or that has been trained in the sport of animal fighting, that person shall, to the satisfaction of the Police Chief, confine said animal, as defined in Subsection
C(1) through
(4) of this section, within 48 hours of the issuance of a citation and shall keep the animal confined until the trial on the citation. If the owner fails to confine the animal within 48 hours of the issuance of the citation, the Muskego Police Department shall impound the animal until the trial on the citation. If the animal is determined by plea or trial to be a vicious animal pursuant to law, the Court shall be empowered and required to order such disposition of the animal as shall best safeguard the health, safety and welfare of the general public. The Court shall further order the animal impounded until it is satisfied arrangements have been made to comply with the Court's order. Failure to make arrangements within seven days of the hearing shall be deemed to constitute consent by the owner to destruction of the animal, and the Court shall order the destruction of the animal by humane means.
N. Animal bite. A person who owns or is responsible for any animal within
the City that bites or otherwise causes a less than serious injury
to a human being, livestock, or domestic animal is guilty of permitting
an animal bite.
Any person who shall violate any provision of this chapter shall be subject to a penalty as provided in §
1-4 of this Code.