[HISTORY: Adopted by the Board of Supervisors of Adams County
as indicated in article histories. Amendments noted where applicable.]
[Adopted 4-21-1987 by Ord. No. 7-1987]
A.
Except as otherwise specifically provided in this article, the statutory
provisions set forth in Ch. 174, Wis. Stats., and the statutory provisions
set forth in Ch. 95, § 95.21, Wis. Stats., describing and
defining regulations with respect to dogs and animal health, respectively,
exclusive of any regulations for which the statutory penalty is a
fine or term of imprisonment, are hereby adopted and by incorporation
and reference made a part of this article as if fully set forth herein.
Any future amendments, revisions or modifications of the statutory
regulations in Chapter 174 or Chapter 95, § 95.21, Rabies
control program, incorporated herein are intended to be made part
of this article.
B.
Any act required to be performed or prohibited by any regulation
incorporated herein by reference is required or prohibited by this
article.
A.
Any person, firm or corporation violating any provision of this article
shall, upon conviction, be required to forfeit not less than $10 nor
more than $500, together with the costs of the action, and in default
of payment thereof shall be subject to imprisonment in the County
jail for a period not to exceed 90 days.
B.
Deposits and stipulations. Persons arrested or cited for violation
of this article shall be permitted to make deposits in accordance
with the deposit schedule established by the County Board of Supervisors.
All deposits shall be made to the Clerk of Circuit Court's office.
Any deposit accepted by the Adams County Sheriff's Office shall be
brought to the Clerk of Circuit Court's office as soon as possible
after receipt thereof.[1]
C.
Juveniles.
(1)
A person under the age of 18 years violating a provision of this
article shall have the citation heard in the court assigned to exercise
the jurisdiction under Ch. 48, Wis. Stats. Dispositions of these citations
shall be in accordance with Ch. 48, Wis. Stats.
(2)
Further, any person under 18 years of age violating a provision of
this article may make a stipulation as to guilt or no contest and
make a deposit in accordance with Ch. 48, Wis. Stats. Deposits may
be brought or mailed to the office of the Clerk of Circuit Court.
Any deposit accepted by the Adams County Sheriff's Office shall be
brought to the Clerk of Circuit Court's office as soon as possible
after receipt thereof.
This article shall be titled and known as the "Adams County
Dog and Animal Health Ordinance."
This article shall be enforced by the Adams County Sheriff's
Office or persons deputized by the Adams County Sheriff. This article
shall apply to any person 14 years of age or older.
[Adopted 7-18-2006 by Ord. No. 34-2006]
Unless specifically defined below, words or phrases used in
this article shall be interpreted so as to give them the meaning they
have in common usage and to give this article a reasonable application
which protects human health and humane treatment of animals. As used
in this article, the following terms shall have the meanings indicated:
Any member of the animal kingdom except human beings.
The Adams County Sheriff's Office and any other public or
private agency delegated authority by the Health and Human Services
Board to enforce portions of this article or any public or private
agency designated by the state, County Supervisors or a municipality
as its animal control agent.
A designated contractor or officer of the animal control
agency.
The Adams County Board of Supervisors.
Includes all animals which are classified in the following
animal families, which are subject to amendment by the Board of Supervisors:
Canidae: e.g., wolves, coyotes, foxes, and jackals, within the
order Carnivora, but excluding Canis familaris, the domestic dog.
Felidae: e.g., lions, tigers, jaguars, leopards, cougars, lynx,
ocelots, and bobcats, within the order Carnivora, but excluding Felis
domestica, the domestic cat.
Ursidae: e.g., black bears, brown bears, grizzly bears, and
polar bears, of the order Carnivora.
Cercopithecidae: e.g., baboons.
Pongidae: e.g., gibbons, orangutans, chimpanzees, and gorillas.
Hyaenidae: e.g., hyaenas.
The Adams County Health and Human Services Board.
The Adams County Heath and Human Services (HSS) – Public
Health Unit.
The Manager of HSS – Public Health Unit, or his/her
authorized representative.
The act of confining, harboring, maintaining, owning, or
sheltering an animal.
Any person confining, harboring, keeping, maintaining or
sheltering an animal.
Any agency, association, business, club, company, corporation,
firm, individual, institution, organization, partnership, syndicate,
trust, trustee or any federal, state or local governmental agency
or instrumentality or other entity recognized by the law as the subject
of rights and duties. The feminine, masculine, singular or plural
is included in any circumstance.
An animal that has attacked and/or bitten a person without
provocation.
Dogs used in security or police work shall not be classified
as vicious dogs if a bite or bites occur while the dog is actually
performing in such a capacity.
Dogs shall not be classified as vicious dogs if a bite or bites
are inflicted upon a person who is at the time of the bite or bites
engaged in a criminal act against the person or property of another.
Animals used in agriculture, as defined by the United States
Department of Agriculture, shall not be considered dangerous animals.
No persons shall keep a dangerous animal in Adams County except as allowed by § 145-7.
The prohibition contained in § 145-6 of this article shall not apply to the keeping of dangerous animals in Adams County in secure containment under these circumstances:
A.
Dangerous animals kept at state-licensed veterinary hospitals, humane
societies, licensed wildlife rehabilitators or animal control pounds
for treatment or impoundment purposes.
B.
Dangerous animals kept by federal, state, County and municipal authorities
and their designees or veterinarians pursuant to the enforcement of
this article or any animal control ordinance.
C.
Dangerous animals kept by governmental agencies, colleges or universities
accredited by the North Central Association Commission on Accreditation
and School Improvement, medical institutions or research laboratories
for instructional or research purposes.
D.
Dangerous animals kept in zoos owned and operated by a municipality.
E.
Dangerous native animals kept in licensed game farms or for fur pelting
businesses on properly zoned land.
F.
Dangerous animals commercially exhibited for 10 days or less.
G.
Animals being commercially transported through Adams County.
A.
The animal control officer may seize and remove any dangerous animal that is not kept under circumstances authorized in § 145-7 of this article or which is not confined under United States Department of Agriculture standards (9 CFR 3.127). Any dangerous animals seized may be euthanized by the animal control officer. The owner or keeper of a seized dangerous animal may be assessed for any costs incurred for capturing, maintenance, or euthanizing the animal.
B.
A dangerous animal that kills or causes serious injury to a human
being shall be immediately surrendered to the animal control officer.
No person shall continue to own or keep a vicious animal in
Adams County. Upon written notice by a health officer, an animal alleged
to be vicious shall be surrendered to the animal control officer.
Unless a written authorization for euthanasia is signed by the owner
at the time of surrender, the animal shall be held for two working
days after surrender, with the cost of confinement being assessed
against the owner.
A.
An owner of a dangerous animal which has been seized may request
that the Adams County Circuit Court review the seizure. If an owner
requests review of the seizure of a dangerous animal, the animal shall
remain in the custody of the animal control agency during the pendency
of the proceedings and the cost of confinement shall be assessed against
the owner.
B.
Confinement of an animal shall be at a facility approved by the animal
control agency.
A.
No person may suffer or permit a dangerous animal to be at large
in Adams County.
B.
Any uncontrolled dangerous animal may be apprehended and impounded
by the animal control officer. The animal control officer shall have
the right to enter upon private property when it is necessary to apprehend
an uncontrolled dangerous animal. Such entrance upon private property
shall be in reasonable pursuit of an animal and shall not include
entry into a domicile unless it be at the invitation of the occupant.
An animal control officer denied entry to a domicile may initiate
procedures regarding issuance of a search warrant.
C.
Any peace officer or animal control officer may humanely destroy
an uncontrolled dangerous animal if apprehension of the animal would
pose a risk of injury to the officer.
A.
The animal control officer may euthanize a diseased or injured uncontrolled
dangerous animal. The animal shall first be examined by a licensed
veterinarian and the veterinarian shall determine whether or not euthanization
is required. A reasonable attempt to locate and notify the owner of
the animal will be made prior to euthanizing the animal.
B.
If the disease or injury to the uncontrolled dangerous animal is
of such severity that the animal could not humanely be treated, or
the animal has a contagious or fatal disease as determined by the
examining veterinarian, the animal may be euthanized immediately without
an attempt to locate or notify the owner. The owner shall subsequently
be notified, if possible.
Nothing in this article absolves the keeper of an animal that
inflicts injury to a person or property from financial responsibility
for the animal's actions. Adams County is not, by undertaking the
enforcement of this article, creating any duty to third parties.
It shall be the duty of the Health Officer to enforce provisions
of this article, and this duty may be delegated to his/her authorized
representative.
In addition to and without prejudice to the remedies contained
herein, violation of the provisions of this article or failure to
comply with any of its requirements shall make the keeper of the animals
subject to one or more of the following actions and/or penalties:
A.
Commencement of legal action against the keeper of the animal seeking
a court-imposed forfeiture (maximum fine of $500 per each 10 days
of violation).
B.
Commencement of legal action against the keeper of the animal seeking
an injunction to abate the violation and/or correct the damage created
by it.
