[HISTORY: Adopted by the Common Council of the City of Muskego 5-18-1989 by Ord. No.
647 (Ch. 13 of the 1964 Code). Amendments noted
where applicable.]
GENERAL REFERENCES
Peace and good order — See Ch. 263.
A.
Statutes adopted. The current and future provisions of Ch. 174, Wis.
Stats., defining and regulating dogs, excluding provisions relating
to the penalty to be imposed or the punishment for violation of such
statutes, are adopted and made a part of this section by reference.
A violation of any of such provisions constitutes a violation of this
section. Any future amendments, revisions, modifications or additions
to the statutes incorporated herein are intended to be made part of
this section.
B.
AT LARGE
DANGEROUS DOG
(1)
(2)
(3)
(4)
DOG BITE
GUARD DOG
OWNER
PREMISES
SERIOUS INJURY
VICIOUS DOG
(1)
(2)
(3)
(4)
Definitions. As used in this section, the following terms shall have
the meanings indicated:
[Amended 8-5-1993 by Ord. No. 808; 7-5-2001 by Ord. No. 1073; 12-4-2003 by Ord. No. 1158; 10-3-2013 by Ord. No. 1377]
The dog 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 dog.
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]
Any bite from a dog which occurs without provocation and
causes less than serious injury to a person, livestock or domestic
animal.
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.
Any person, including a keeper or custodian, owning, possessing,
harboring or having the care or custody, whether temporarily or permanently,
of a dog.
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.
Broken bones or wounds that require sutures.
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]
C.
License required.
(1)
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.
(2)
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.
D.
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.
E.
Running at large prohibited. No owner of any dog shall permit such
dog to run at large within the City.
F.
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.
(1)
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.
(2)
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]
G.
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.
(1)
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]
(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
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.
(3)
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.
(4)
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]
H.
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]
I.
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]
J.
Noisy dogs prohibited. No person shall keep a dog which by barking,
fighting or howling disturbs the peace and quiet of the neighborhood.
K.
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]
L.
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.
M.
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.
N.
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.
O.
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.
Q.
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.
R.
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:
(1)
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;
(2)
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
(3)
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.
S.
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]
T.
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]
A.
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]
B.
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]
C.
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.
D.
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]
E.
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.
F.
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.
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).
(4)
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.
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:
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.
ANIMAL BITE
AT LARGE
DANGEROUS ANIMAL
(1)
(2)
(3)
(4)
PREMISES
OWNER
SERIOUS INJURY
VICIOUS ANIMAL
(1)
(2)
(3)
Definitions. As used in this section, the following terms shall have
the meanings indicated:
Any bite from an animal which occurs without provocation
and causes less than serious injury to a person, livestock or domestic
animal.
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.
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 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.
Any person, including a keeper or custodian, owning, possessing,
harboring or having the care or custody, whether temporarily or permanently,
of an animal.
Broken bones or wounds that require sutures.
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.
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.