[HISTORY: Adopted by the Village Board of the Village of
Grafton by Ord. No. 015, Series 2004 (Title 6, Ch. 6.08, of the 1979 Code). Amendments
noted where applicable.]
The provisions of Ch. 174, Wis. Stats., and all subsequent amendments
and modifications thereof, are incorporated herein by reference.
In this chapter, unless otherwise noted, the following terms
and phrases shall have the meanings ascribed to them in this section:
An animal off the premises of its owners and on any public
street or alley, school grounds, a public park or other public grounds,
or on private property without the permission of the owner of the
person in lawful control of the property.
All domesticated members of the felis domestica family, male
or female.
Any animal which:
When unprovoked, bites or otherwise inflicts bodily harm on
a person, domestic pet or animal on public or private property.
Chases or approaches a person in a menacing fashion or apparent
attitude of attack without provocation upon the streets, sidewalks
or any public grounds or on private property without the permission
of the owner or person in lawful control of the property.
An animal shall not be deemed "dangerous" if it bites, attacks
or menaces any person or animal to:
Defend its owner, caretaker or other person from attack by a
person or animal;
Protect its young or another animal;
Defend itself against any person or animal which has tormented,
assaulted or abused it; or
Defend its owner's or caretaker's property against trespassers,
unless the animal, without provocation, inflicts substantial bodily
harm on a person.
All domesticated members of the canis familiaris family,
male or female.
Any bird or animal of any species which usually lives in
or about the habitation of humans as a pet or animal companion or
which is usually raised and tended by humans in order to contribute
to the support of a family or the wealth of the community. This term
does not include a dangerous animal or prohibited dangerous animal.
A small mammal belonging to the weasel family, including
the domestic ferret and the black-footed ferret.
Includes any person, firm or corporation owning, harboring,
sheltering or keeping a dog or cat or any occupant of any premises
on which a dog or cat remains or to which it customarily returns daily
for a period of 10 days is presumed to be harboring or keeping the
dog or cat within the meaning of this chapter.
Any bird that frequents the water, or lives about rivers,
lakes, etc., or on or near the sea; an aquatic fowl; birds that are
ecologically dependent upon wetlands for their food, shelter or reproduction,
including but not limited to ducks, geese and swans.
A.
No person may keep, harbor, shelter or possess at any time more than
five dogs or cats, or combination thereof, except that no person shall
keep, harbor, shelter or possess more than three dogs which are over
the age of five months unless the person holds a valid kennel license.
B.
In determining the limitations on the numbers of dogs and cats, as provided in Subsection A above, any specific dog or cat which was owned and/or licensed on or before the effective date of this chapter will be grandfathered in. Any owner having more than five dogs or cats, or any combination as indicated in this section, on or before the effective date of this chapter will comply with this chapter as the excess dog or cat dies, is given away or is sold.
C.
The limit provisions of this section shall not apply to a litter
of pups or kittens which may be kept for not more than 16 weeks from
birth.
No person residing in the Village of Grafton shall own, keep,
harbor or have custody or possession of any dog or cat of more than
five months of age unless a license has been obtained.
A.
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 on or before the date the dog becomes five months of age obtain
a license for each dog in the owner's possession. The license shall
remain in effect until December 31 of the year in which it is obtained.
B.
A certificate issued by a licensed veterinarian, indicating that
the dog has been currently immunized for rabies, shall be presented
to the Village Director of Administrative Services in order to obtain
a license.
C.
The dog license fee shall be as established by § 174.05(2),
Wis. Stats., with an additional amount as set from time to time by
the Village Board. A late fee shall be charged after March 31 of each
year.
[Amended by Ord. No. 013, Series 2008; at time of adoption of Code (see Ch. 1.01,
Code Adoption)]
D.
With the exception of the license fee, the provisions of this section
shall apply to dogs specially trained to lead blind or deaf persons
or to provide support for mobility-impaired persons.
A.
Every owner of a cat more than five months of age on January 1 of
any year, or five months of age within the license year, shall annually
or on or before the date the cat becomes five months of age obtain
a license and comply with Ch. 174, Wis. Stats., as though said statutes
were equally applicable to cats insofar as they apply to the listing,
licensing and tagging of such cats.
B.
A certificate issued by a licensed veterinarian, indicating that
the cat has been currently immunized for rabies, shall be presented
to the Village Director of Administrative Services in order to obtain
a license.
C.
Such cat license fee shall be the same as the fee established for
a dog license.
No person shall feed waterfowl of any type within any park or
other public area of the Village.
A.
Food and water. No person owning or having custody of any animal,
reptile, snake or bird may neglect or fail to provide it with necessary
nourishing food at least once daily and provide a constant supply
of clean water to sustain the animal, reptile, snake or bird in good
health.
B.
Shelter. No person may fail to provide any animal or bird in his
or her charge with shelter from inclement weather to ensure the protection
and comfort of the animal or bird.
1.
When sunlight is likely to cause overheating or discomfort to any
animal or bird, shade shall be provided by natural or artificial means
to allow protection from the direct rays of the sun, but still allow
air to pass to keep the animal cool.
2.
Dogs and cats kept outdoors for more than one hour at a time shall
be provided with a moistureproof and windproof shelter of a size which
allows the animal to turn around freely and to easily sit, stand and
lie in a normal position and to keep the animal clean, dry and comfortable.
Whenever the outdoor temperature is at or below 40° F., clean
dry bedding material shall be provided in such shelters for insulation
and to retain the body heat of the animal.
3.
Motor vehicles or garages shall not be used as proper shelter under
the provisions of the section, except that during the winter months
a shelter structure may be placed inside a garage for additional protection
from the elements.
4.
Any area where an animal is housed or allowed to remain shall be
kept clean of feces, animal waste and other substances in order to
keep the animal healthy and comfortable.
C.
Cruelty.
1.
No person shall directly or indirectly beat, frighten, overburden,
neglect or abuse any animal, reptile, snake or bird, or use any device
or chemical substance by which pain, suffering or death may result,
whether the animal or bird belongs to the person or another, except
that reasonable force may be used to drive off dangerous or trespassing
animals, excluding treatment by a veterinarian or euthanasia and except
the legal use of mace or similar substance.
2.
The owner of any animal, reptile, snake or bird shall be responsible
to provide treatment to any ill or injured animal. No person shall
abandon any animal, reptile, snake or bird or transport any animal,
reptile, snake or bird in a cruel manner.
A.
It is unlawful for any person to cause or permit a dog, cat, ferret
or other domesticated animal to be on property, public or private,
not owned or possessed by such person, unless such person has in his
immediate possession an appropriate device for scooping excrement
and an appropriate depository for the transmission of excrement to
a receptacle located upon property owned or possessed by such person.
This section shall not apply to a person who is visually or physically
handicapped.
B.
All pens, yards, structures or areas where animals are kept shall
be maintained in a reasonably safe and sanitary condition. Maintenance
shall include the regular removal and disposal of defecation so as
not to attract insects or rodents, or to become unsightly or cause
objectionable odors, or to result in any condition recognized as a
nuisance by this Code or by any other common or statutory law.
C.
Properties located in the A-1 (Prime Agriculture), A-2 (Agriculture)
or A-3 (Agricultural Holding) Zoning Districts shall be maintained
in as sanitary condition as possible.
No person shall own, keep, have in their possession or harbor
any animal which:
A.
Has not been licensed as required by this chapter;
B.
Habitually pursues any vehicle upon any public street, alley or highway;
C.
Habitually or frequently barks, yelps, howls or makes any other noise
which would unreasonably disturb or annoy a person of ordinary sensibilities;
D.
Which, while away from the owner's premises, causes property damage
or injury to any licensed dog or cat, domestic animal or other desirable
wildlife; or
E.
Has been determined to be dangerous.
1.
Any dog, cat, ferret or other domesticated animal that has caused
serious injury to a person or persons on two separate occasions off
the owner's premises, without reasonable cause, may be destroyed as
a result of judgment rendered by a court. Provocation of the dog by
the person who is bitten may be considered in mitigation, and if the
amount of provocation is substantial, the court in its discretion
may accept the provocation as a defense.
2.
Any concerned person may initiate action against the owner of an
animal he/she believes is dangerous by following the complaint procedure
outlined in this chapter.
A.
It shall be unlawful for any person owning or possessing any dog,
cat or other domesticated animal to permit the same to run at large.
Any such animal found at large shall be deemed to be so with the permission
or sufferance of the owner.
B.
It shall be unlawful for any person. except the owner of said animal
or his agent, to open any door or gate of any private premises or
to otherwise entice or enable any dog or cat to leave any private
premises for the purpose or with the result of setting such dog or
cat at large.
C.
An animal shall not be considered to be running "at large" if:
1.
It is attached to a leash of sufficient strength to restrain the
dog or cat, the leash is not more than six feet in length, and provided
said leash is held by a person physically able to control it.
2.
When properly restrained within a motor vehicle, provided such vehicle
is property ventilated for the animal's safety.
3.
When not more than 50 feet from the owner or his agent competent
to govern such dog or cat at such distance, if such dog or cat is
not annoying or worrying pedestrians or trespassing on private property
or public areas where dogs and cats are forbidden.
D.
No dog or cat shall be permitted in any cemetery, parks, beaches
or any swimming areas open to the public in the Village.
A.
No dog, cat or other domesticated animal shall run at large or be
abandoned on any public or private lands within the Village. Any person
may seize or impound such animal found at large. The fact that a dog
or cat is without a proper license tag attached to its collar shall
be presumptive evidence that it is unlicensed. Every duly authorized
officer of the Grafton Police Department or humane officer finding
a dog, cat or other animal at large shall seize such animal and impound
it in the place provided therefor and authorized by the Village. Whenever
any unlicensed dog or cat is so impounded and delivered to the proper
officer of the Village, said officer shall give notice thereof to
the owner, if known, of such unlicensed dog or cat within 12 hours
of impoundment. Such notice shall be sufficient if given verbally
to the owner, keeper or member of the owner's or keeper's family over
16 years of age.
B.
The possession of any licensed or unlicensed dog or cat so seized
or impounded may be obtained by the owner upon payment to the Ozaukee
Humane Society, plus the daily boarding fee imposed by the authorized
agency for keeping such dog or cat for each day, or fraction thereof,
during which time said dog or cat was impounded. The possession of
any unlicensed dog or cat may be obtained by the owner or owner's
agent after obtaining the required license and paying the appropriate
fee to the Village Director of Administrative Services, as provided
in this chapter.
A.
Any animal that has been impounded for a minimum of seven days that
has not been reclaimed by its owner may be disposed of by the proper
agency in the most humane manner available or per the policy established
by the Ozaukee Humane Society but not in less than seven days.
B.
Carcasses of animals must be disposed of in a sanitary manner within
24 hours after death. If possible, the Village will notify the owners
of said animal of the disposal of their animal.
C.
Whenever in the opinion of any law enforcement officer an animal
is hopelessly injured or diseased so as to be beyond the probability
of recovery, it shall be lawful for such officer to kill such animal.
A.
The owner of any dog or cat shall be responsible to have such animal
vaccinated at periodic intervals to ensure effective immunization
against rabies at all times. Proof of such immunization shall be evidenced
by a certificate of immunization from a licensed veterinarian presented
at time of licensing or renewal.
B.
Any officer of the Grafton Police Department may impound any animal
which he/she believes from appearance and conduct to be infected with
rabies.
C.
Any person who shall suspect that any animal is infected with rabies
shall report his/her suspicion to the appropriate Village Health Inspector,
describing the animal and giving the name of the owner, if known.
Any such animal shall, upon demand of the Village Health Inspector,
be delivered to the Inspector. If upon examination by the Village
Health Inspector the animal is suspected of being infected with rabies,
the animal may be killed by an officer of the Grafton Police Department
or humane officer in the most humane manner and in a manner which
avoids damage to the animal's head.
[Amended at time of adoption of Code (see Ch. 1.01, Code
Adoption)]
D.
During the time that this Village or any part thereof shall be quarantined
for rabies, pursuant to the provisions of § 95.21, Wis.
Stats., or any other provisions of the law, all dogs and cats within
the district so quarantined shall be securely confined, tied, leashed
or muzzled. Any dog or cat not kept securely confined, tied, leashed
or muzzled is declared to be a public nuisance and shall be impounded
by any humane officer, police officer, or other person as designated
by the Grafton Police Department.
Any owner of any dog or cat which has bitten any person shall
cause the dog or cat to be confined and isolated for a period of at
least 10 days. This quarantine may be on the premises of the owner
if the animal is immunized currently against rabies. Notice of such
bite shall be made to the Village Health Inspector, immediately, in
writing. The Village Health Inspector may order such dog or cat to
be immediately examined by a trained individual or, at the owner's
expense, by a licensed veterinarian. Said examiner shall issue to
the Village Health Inspector and/or Police Department a certified
statement of determination as to whether or not the dog or cat is
infected with rabies. A dog or cat will be released from confinement
only after a determination that it is free from rabies and a proper
written release is obtained from the Village Health Inspector, Police
Department or humane officer, upon demand. If quarantine cannot be
imposed because the dog or cat cannot be captured, the officer may
kill the animal. The officer may kill a dog or cat only as a last
resort or if the owner agrees. The officer shall attempt to kill the
animal in a humane manner which avoids damage to the animal's head.
It shall be unlawful for any person to willfully tease, taunt,
torment, strike, kick, mutilate, disable or otherwise injure or kill
or to interfere or to meddle with any dog or horse which animal is
being utilized by a law enforcement official in the performance of
any function or duty of said law enforcement officer.
A.
Any adult person(s) may seek relief from a problem resulting from
a violation of this chapter by filing a written complaint to the Grafton
Police Department or Village Health Inspector. Such written complaint
shall contain:
B.
Upon receipt of the written complaint, the Grafton Police Department
or Village Health Inspector will notify the owner of the animal in
question, in writing, of the alleged violation and provisions of this
section.
C.
If the violation persists, the complainant(s) shall submit a written
petition to the Village Attorney for commencement of prosecution to
obtain compliance with the requirements of this chapter. Such written
petition shall include a thorough explanation of the violation and
include the following information:
[Amended at time of adoption of Code (see Ch. 1.01, Code
Adoption)]
The Grafton Police Department, Village Health Inspector or the
Ozaukee Humane Society may enforce any provision of this chapter and
is authorized to confiscate and remove animals from premises for a
violation of any part of this chapter. Animals removed because of
such action may be stored or disposed of in a humane manner by the
Ozaukee Humane Society or designee. Probable cause that such a violation
exists is sufficient reason to confiscate such animal. Conviction
of a violation is not required.
[Amended at time of adoption of Code (see Ch. 1.01, Code
Adoption)]
Any person who shall violate any provisions of this chapter shall, upon conviction thereof, be subject to the general penalty in Chapter 1.08 of this Code.
