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:
AT LARGE
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.
CAT
All domesticated members of the felis domestica family, male
or female.
DANGEROUS ANIMAL
Any animal which:
A.
When unprovoked, bites or otherwise inflicts bodily harm on
a person, domestic pet or animal on public or private property.
B.
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.
C.
An animal shall not be deemed "dangerous" if it bites, attacks
or menaces any person or animal to:
1.
Defend its owner, caretaker or other person from attack by a
person or animal;
2.
Protect its young or another animal;
3.
Defend itself against any person or animal which has tormented,
assaulted or abused it; or
4.
Defend its owner's or caretaker's property against trespassers,
unless the animal, without provocation, inflicts substantial bodily
harm on a person.
DOG
All domesticated members of the canis familiaris family,
male or female.
DOMESTICATED ANIMAL
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.
FERRET
A small mammal belonging to the weasel family, including
the domestic ferret and the black-footed ferret.
OWNER
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.
WATERFOWL
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.
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.
No person shall feed waterfowl of any type within any park or
other public area of the Village.
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.
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.
[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.