City of Muskego, WI Animals

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;

Any dog which, when unprovoked, chases or approaches a person in a menacing fashion or apparent attitude of attack on public or private property;

Any dog which has caused less than serious injuries to humans, livestock or domestic animals after the owner was notified or should have known that the dog previously injured or caused injury to a person, livestock or domestic animal; or

Any dog which has been found to be dangerous by a circuit or municipal court in a trial or hearing upon a charge of harboring a dangerous dog.[2]

DOG BITE

Any bite from a dog which occurs without provocation and causes less than serious injury to a person, livestock or domestic animal.

GUARD DOG

Any dog trained or used to protect persons or property by attacking or threatening to attack any person found within the area patrolled by the dog.

OWNER

Any person, including a keeper or custodian, owning, possessing, harboring or having the care or custody, whether temporarily or permanently, of a dog.

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.

SERIOUS INJURY

Broken bones or wounds that require sutures.

VICIOUS DOG

Any dog with a propensity, tendency, or disposition to attack or cause serious injury to human beings or domestic animals;

Any dog which, without provocation, attacks or bites or has attacked or bitten a human being or domestic animal causing serious injury;

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 a circuit or municipal court in a trial or hearing upon a charge of harboring a vicious dog.[3]

[2]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

[3]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

License required.

[Amended 7-5-2001 by Ord. No. 1073; 10-3-2013 by Ord. No. 1377[4]]

Every owner of a 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 within 30 days from the date such dog becomes five months of age, at the time and in the manner provided by law for the payment of personal property taxes, pay to the Treasurer his dog license tax and obtain a license therefor. Prior to the issuance of the license the owner shall present evidence that the dog is currently immunized against rabies. A dog is considered to be unlicensed if a valid license tag is not attached to a collar which is kept on the dog.

All owners of dangerous dogs shall comply with the provisions of this section regarding the containment/security/identification of a dangerous dog on the owner's premises, subject to police inspection for compliance prior to the initial registration. An inspection fee established by the Common Council by resolution shall be charged. Annually, pursuant to Subsection C(1) of this section, owners shall register their dangerous dogs with the City Clerk-Treasurer's office and shall provide a current color photograph, showing its distinct features, and pay a dangerous dog registration fee. An owner of a dangerous dog who fails to register his/her dog is subject to a forfeiture prescribed by law.

[4]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

Fees. All fees shall from time to time be established by the Common Council by resolution, a copy of which shall be kept on file with the City Clerk.

Running at large prohibited. No owner of any dog shall permit such dog to run at large within the City.

Vicious dogs. No person shall harbor, keep or maintain within the City limits of the City of Muskego any vicious dog. Violators of this subsection shall be summoned to appear before the Municipal Court.

Whenever any person is charged with harboring a vicious dog as defined in this section, that person shall, to the satisfaction of the Police Chief, confine said dog, as defined in Subsection G(1) through (3) of this section, until the trial on the citation. If the owner fails to confine the dog within 48 hours of the issuance of the citation, the Muskego 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 pursuant to law, the Court shall be empowered and required to order such disposition of the dog as shall best safeguard the health, safety and welfare of the general public. The Court shall further order the dog 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 dog, and the Court shall order the destruction of the dog by humane means.

The owner of a dog found to be vicious pursuant to this section shall provide certification of the implantation of an identification microchip if the disposition of the vicious dog is not the destruction of the dog. The microchip shall be an American Veterinary Identification Device (AVID) or equivalent. The chip implanted in the dog shall be consistent with the AVID technology and readable by an AVID scanner.

[Added 7-5-2001 by Ord. No. 1073]

Dangerous dogs. No person shall harbor, keep or maintain within the City limits of the City of Muskego any dangerous dog not in compliance with this section. Determination of a dangerous dog will be made by the Municipal Court upon complaint and summons issued by the Police Department to the owner.

Dangerous dog on premises of owner. A dangerous dog, 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 dog from escaping, and designed so that the snout of the dog 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 dog.[5]

[5]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

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 dog 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 dog.

Dangerous dog off premises. A dangerous dog, 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 dog or interfere with its vision or respiration but must prevent it from biting any person or animal.

The owner of a dangerous dog, 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 dog shall be consistent with the AVID technology and readable by an AVID scanner.

[Added 7-5-2001 by Ord. No. 1073]

No dog shall be declared to be vicious or dangerous if the dog caused injury or damage to a person who, at the time, was teasing, tormenting, abusing or assaulting the dog, or if the dog was protecting its owner from attack by a human being.

[Amended 8-5-1993 by Ord. No. 808]

Dogs which cannot be brought to an animal shelter or impounded because of inability of the owner or police officer to extricate or capture a dog 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.[6]

[6]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

Noisy dogs prohibited. No person shall keep a dog which by barking, fighting or howling disturbs the peace and quiet of the neighborhood.

Dog control. A police officer or county humane officer shall apprehend and confine dogs in violation of this section. He may commence action in the name of the City for the collection of forfeitures for violation of this section.[7]

[7]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

Impounding of dogs. The officer shall apprehend and confine in the animal shelter any dog found in violation of this section or any dog suspected of rabies.

Examination for rabies. The keeper of the animal shelter shall keep any dog suspected of rabies for such period as the Health Officer shall deem necessary to determine whether such dog has rabies. If the dog 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.

Disposition of unclaimed dogs. The keeper of the animal shelter shall keep all dogs apprehended hereunder for seven days, and if any dog is not claimed within such time the dog may be sold or destroyed in a humane manner.

Payment of costs. The owner of a dog impounded may reclaim the dog 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 dog is impounded. In addition thereto, any expense for inoculation, destruction or other medical treatment of the dog shall be paid by the owner of the dog.

Number of dogs limited. Not more than four dogs over the age of five months shall be kept or maintained in any area of the City, except in an authorized hobby kennel or commercial kennel (see Chapter 400, Zoning, § 400-166).

[Amended 10-3-2013 by Ord. No. 1377]

No person shall return to or harbor within the City limits of the City of Muskego a dog previously determined by the Municipal Court to be a vicious dog or used in the sport of animal fighting.

Keeping guard dogs. It shall be unlawful for any person to place or maintain guard dogs in any area for the protection of persons or property unless the following provisions are met:

The dogs shall be confined to an enclosed area adequate to ensure they will not escape or shall be under the absolute control of a handler at all times when not securely enclosed;

The owner or other persons in control of the premises upon which a guard dog is maintained shall post warning signs on, over or next to all exterior doors stating that such a dog is on the premises. At least one such sign shall be posted at each driveway or entranceway to said premises. Such signs shall be in lettering clearly visible from either the curbline or a distance of 50 feet, whichever is lesser, and shall contain a telephone number where some person responsible for controlling such guard dog can be reached 24 hours a day; and

Prior to the placing of a guard dog on any property, the person or persons responsible for the placing shall inform the Police Department and the Fire Department, in writing, of their intention to post said dog or dogs, the number of dogs to be posted, the locations where said dog or dogs will be posted, the approximate length of time said dog or dogs will be guarding the area, the daily hours said dog or dogs will be guarding the area, and the breed, sex, age and rabies tag number of said dog or dogs. Such notice must be renewed every six months.

It is unlawful in the City of Muskego to own or possess any dog used or that has been used or trained in the sport of animal fighting. Whenever any person is charged with harboring a dog used or that has been trained in the sport of animal fighting, that person shall, to the satisfaction of the Police Chief, confine said dog, as defined in Subsection G(1) through (3) of this section, within 48 hours of the issuance of a citation and shall keep the dog confined until the trial on the citation. If the owner fails to confine the dog within 48 hours of the issuance of the citation, the Muskego 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 pursuant to law, the Court shall be empowered and required to order such disposition of the dog as shall best safeguard the health, safety and welfare of the general public. The Court shall further order the dog 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 dog, and the Court shall order the destruction of the dog by humane means.[8]

[8]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

Dog bite. A person who owns or is responsible for any dog 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 a dog bite.

[Added 8-5-1993 by Ord. No. 808]

[1]

Editor's Note: See also §§ 263-10B (animal waste) and 263-11 (animals running at large).

§ 140-2 Horses and horseback riding.

Areas of riding restricted. No person shall engage in horseback riding in the City, except on the private property of the rider, the property of another with his consent, designated bridle trails on public or private property, or upon the shoulder of any highway within the City between the hours of daybreak and sunset.[1]

[1]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

Vehicle regulations. Any person riding a horse or any horse-drawn vehicle is granted the right and is subject to all the duties and state laws which apply to the operator of a vehicle, except those provisions which by their very nature would have no application. Vehicles shall be in compliance with Ch. 347, Wis. Stats., in particular with respect to lamps, identification emblems, and slow-moving vehicle signs.[2]

[2]

Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

Riding on public property restricted. No person shall engage in horseback riding upon any school yard, public parks or on other public property, except when the same is done as a participant in connection with a public event such as a parade or fair.

Use of manure bags. Any person riding a horse or any horse-drawn vehicle upon any public property or highway within the City shall affix to any horse involved a manure bag, which shall be a specialized sanitation device for the purpose of catching horse manure before it hits the ground. Any person riding a horse or any horse-drawn vehicle upon any public property or highway within the City shall immediately pick up and provide for the disposal of any horse manure which is produced by his horse.[3]

[3]

Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

Orderly riding. No person shall ride a horse in the City, except the same shall be thoroughly broken and properly restrained with a bridle. No person shall engage in a horse race on public property within the City. Every person shall ride a horse with proper care and in such manner as not to endanger the safety or property of himself or others.

Running at large or unattended prohibited. No owner, keeper or person having a horse or horses under his control shall allow the same to run at large. No person shall allow any horse under his control to damage public or private property nor shall any person hitch or tie a horse to any rock, tree or shrubbery or allow the animal to remain unattended on private or public property without proper consent.

Stabling of horses. No person shall keep or stable any horse, except as permitted by Chapter 400, Zoning, of the City Code.

§ 140-3 Neglected or abandoned animals.

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.

§ 140-4 Wild animals; prohibition on keeping.

[Added 11-4-1999 by Ord. No. 1001]

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:

All poisonous animals and reptiles including rear-fang snakes.

Apes. Chimpanzees (Pan); gibbons (Hylobates); gorillas (Gorilla); orangutans (Pongo); and siamangs (Symphalangus).

Baboons (Papoi, Mandrillus).

Bears (Ursidae).

(5)

Cheetahs (Acinonyx jubatus).

(6)

Crocodilians (Crocodilia) 30 inches in length or more.

(7)

Constrictor snakes, six feet in length or more.

(8)

Coyotes (Canis latrans).

(9)

Elephants (Elephas and Loxodonta).

(10)

Game cocks and other fighting birds.

(11)

Hippopotami (Hippopotamidea).

(12)

Hyenas (Hyaenidae).

(13)

Jaguars (Panthera onca).

(14)

Leopards (Panthera pardus).

(15)

Lions (Panthera leo).

(16)

Lynxes (Lynx).

(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.

(24)

Poisonous insects.

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:

Their location conforms to the provisions of Chapter 400, Zoning, of the City Code.

All animals and animal quarters are kept in a clean and sanitary condition and so maintained as to eliminate objectionable odors.

Animals are maintained in quarters so constructed as to prevent their escape.

No person lives within 100 feet of the quarters in which the animals are kept.

Exceptions. "Wild animal" does not include captive-bred species of caged birds, rodents, turtles, fish, and nonpoisonous, nonconstricting snakes.

§ 140-5 Vicious and dangerous animals (except dogs); prohibition on keeping.

[Added 10-3-2002 by Ord. No. 1117]

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

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;

Any animal which, when unprovoked, chases or approaches a person in a menacing fashion or apparent attitude of attack on public or private property;

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

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

OWNER

Any person, including a keeper or custodian, owning, possessing, harboring or having the care or custody, whether temporarily or permanently, of an animal.

SERIOUS INJURY

Broken bones or wounds that require sutures.

VICIOUS ANIMAL

Any animal with a propensity, tendency, or disposition to attack or cause serious injury to human beings or domestic animals;

Any animal which, without provocation, attacks, bites, kicks, or has attacked or bitten a human being or domestic animal causing serious injury; or

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.

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.

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.

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.

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.

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.

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.

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.