[HISTORY: Adopted by the Town Board of the Town of Koshkonong
as Title 7, Ch. 1, of the 1996 Code. Amendments noted where applicable.]
[Amended 3-13-2019 by Ord. No. 1]
In this chapter, unless the context or subject matter otherwise
require:[1]
Mammals, reptiles and birds.
To be off the premises of the owner and not under the control
of some person either by leash or otherwise, but a dog or cat within
an automobile of its owner, or in an automobile of any other person
with the consent of the owner of said dog or cat, shall be deemed
to be upon the owner's premises.
Any feline, regardless of age or sex.
Causing unnecessary and excessive pain or suffering or unjustifiable
injury or death.
Any canine, regardless of age or sex.
Any warm-blooded animal normally raised on farms in the United
States and used for food or fiber.
Has that meaning as appears in § 967.02(5), Wis.
Stats., and includes a humane officer under § 173.03, Wis.
Stats., but does not include a conservation warden appointed under
§ 23.10, Wis. Stats.
As used herein as describing a dog or cat shall mean a dog
or cat having nonfunctional reproductive organs.
Any person owning, harboring or keeping a dog or cat and
the occupant of any premises on which a dog or cat remains or to which
it customarily returns daily for a period of 10 days; such person
is presumed to be harboring or keeping the dog or cat within the meaning
of this section.
An animal kept and treated as a pet.
[1]
Editor's Note: Original Sec. 7-1-1(a), Licensed required,
was repealed 3-13-2019 by Ord. No. 1.
A.
Rabies vaccination. The owner of a dog shall have the dog vaccinated
against rabies by a veterinarian at five months of age and revaccinated
within one year after the initial
vaccination. If the owner obtains the dog or brings the dog into the
Town of Koshkonong after the dog has reached four months of age, the
owner shall have the dog vaccinated against rabies within 30 days
after the dog is brought into the Town unless the dog has been vaccinated
as evidenced by a current certificate of rabies vaccination. The owner
of a dog shall have the dog revaccinated against rabies by a veterinarian
before the date of that immunization expires as stated on the certificate
of vaccination or, if no date is specified, within three years after
the previous vaccination. The certificate of vaccination shall meet
the requirements of § 95.21(2), Wis. Stats.
[Amended 3-13-2019 by Ord. No. 1]
B.
Issuance of certificate of rabies vaccination. A veterinarian who
vaccinates a dog against rabies shall complete and issue to the owner
a certificate of rabies vaccination bearing a serial number and in
the form approved by the Town stating the owner's name and address,
the name, sex, spayed or unspayed, neutered or unneutered, breed and
color of the dog, the date of the vaccination, the type of rabies
vaccination administered and the manufacturer's serial number,
the date that the immunization expires as specified for that type
of vaccine by the Centers for Disease Control of the United States
Department of Health and Human Services and the Town.
C.
Copies of certificate. The veterinarian shall keep a copy of each
certificate of rabies vaccination in a file maintained for this purpose
until the date that the immunization expires or until the dog is revaccinated,
whichever occurs first.
D.
Rabies vaccination tag. After issuing the certificate of rabies vaccination,
the veterinarian shall deliver to the owner a rabies vaccination tag
of durable material bearing the same serial number as the certificate,
the year the vaccination was given and the name, address and telephone
number of the veterinarian.
E.
Tag to be attached. The owner shall attach the rabies vaccination tag or a substitute tag to a collar and a collar with the tag attached shall be kept on the dog at all times, but this requirement does not apply to a dog during competition or training, to a dog while hunting, to a dog securely confined indoors or to a dog securely confined in a fenced area. The substitute tag shall be of a durable material and contain the same information as the rabies vaccination tag. The requirements of this paragraph do not apply to a dog which is not required to be vaccinated under Subsection A.
F.
Duplicate tag. The veterinarian may furnish a new rabies vaccination
tag with a new serial number to an owner in place of the original
tag upon presentation of the certificate of rabies vaccination. The
veterinarian shall then indicate the new tag number on the certificate
and keep a record in the file.
G.
Cost. The owner shall pay the cost of the rabies vaccination and
the cost associated with the issuance of a certificate of rabies vaccination
and the delivery of a rabies vaccination tag.
A.
Dog licenses.[1]
(1)
It shall be unlawful for any person in the Town of Koshkonong to
own, harbor or keep any dog more than five months of age without complying
with the provisions of § 174.05 through § 174.10,
Wis. Stats., relating to the listing, licensing and tagging of the
same.
(2)
The owner of any 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, pay a
license fee and obtain a license.
[Amended 3-13-2019 by Ord. No. 1]
(3)
The minimum license fee under this section for spayed females or
neutered males and for unspayed or unneutered animals shall be as
provided in the Town Fee Schedule.[2] Transfer of licenses shall be pursuant to state law.
[Amended 3-13-2019 by Ord. No. 1]
[2]
Editor's Note: The Fee Schedule is on file in the Town office.
(4)
Upon payment of the required license fee and upon presentation of evidence that the dog is currently immunized against rabies, as required by § 190-2 of this chapter, the Town Treasurer or his deputy shall complete and issue to the owner a license for such dog containing all information required by state law. The Town Treasurer or his deputy shall also deliver to the owner, at the time of issuance of the license, a tag of durable material bearing the same serial number as the license, the name of the county in which issued and the license year.
[Amended 3-13-2019 by Ord. No. 1]
(5)
The owner shall securely attach the tag to a collar and the collar with the tag attached shall be kept on the dog for which the license is issued at all times, except as provided in § 190-2E.
(6)
The fact that a dog is without a tag attached to the dog by means
of a collar shall be presumptive evidence that the dog is unlicensed.
Any Town law enforcement or humane officer shall seize, impound or
restrain any dog for which a dog license is required which is found
without such tag attached. Each day that any dog within the Town of
Koshkonong continues to be unlicensed constitutes a separate offense
for which a separate penalty applies.
(7)
Notwithstanding the foregoing, every dog specifically trained to
lead blind or deaf persons is exempt from the dog license fee, and
every person owning such a dog shall receive annually a free dog license
from the Town Treasurer or his designee upon application therefor.
[Amended 3-13-2019 by Ord. No. 1]
[1]
Editor's Note: See also county zoning provisions.
B.
Kennel licenses.
(1)
Any person who keeps or operates a kennel may, instead of the license
fee for each dog required by this chapter, apply for a kennel license
for the keeping or operating of the kennel. Such person shall pay
for the license year a license fee according to the Town Fee Schedule.[3] Upon payment of the required kennel license fee and, if
required by the Town Board, upon presentation of evidence that all
dogs over five months of age are currently immunized against rabies,
the Town Treasurer or his deputy shall issue the kennel license and
a number of tags equal to the number of dogs authorized to be kept
in the kennel. (Note: See Jefferson County Zoning Ord. No. 11.)
[Amended 3-13-2019 by Ord. No. 1]
[3]
Editor's Note: The Fee Schedule is on file in the Town office.
(2)
The owner or keeper of a kennel shall keep at all times a kennel
license tag attached to the collar of each dog over five months old
kept by the owner or keeper under a kennel license but this requirement
does not apply to a show dog during competition, to a dog securely
confined indoors or to a dog securely confined in a fenced area. These
tags may be transferred from one dog to another within the kennel
whenever any dog is removed from the kennel. The rabies vaccination
tag or substitute tag shall remain attached to the dog for which it
is issued at all times but this requirement does not apply to a show
dog during competition, to a dog securely confined indoors or to a
dog securely confined in a fenced area. No dog bearing a kennel tag
shall be permitted to stray or to be taken anywhere outside the limits
of the kennel unless the dog is in leash or temporarily for the purposes
of hunting, breeding, trial, training or competition.
[Amended 3-13-2019 by Ord. No. 1]
The Town Treasurer shall assess and collect a late fee according
to the Town Fee Schedule[1] from every owner of a dog five months of age or over if
the owner failed to obtain a license prior to April 1 of each year,
or within 30 days of acquiring ownership of a licensable dog or if
the owner failed to obtain a license on or before the dog reached
licensable age. Said late fee shall be charged in addition to the
required license fee.
[1]
Editor's Note: The Fee Schedule is on file in the Town office.
A.
Dogs and cats confined. If a district or neighborhood is quarantined
for rabies, all dogs and cats within the Town shall be kept securely
confined, tied, leashed or muzzled. Any dog or cat not confined, tied,
leashed or muzzled is declared a public nuisance and may be impounded.
All officers shall cooperate in the enforcement of the quarantine.
The Town Clerk shall promptly post in at least three public places
in the Town notices of quarantine.
B.
Exemption of vaccinated dog or cat from Town quarantine. A dog or cat which is immunized currently against rabies, as evidenced by a valid certificate of rabies vaccination or other evidence, is exempt from the Town quarantine provisions of Subsection A if a rabies vaccination tag or substitute tag is attached to the dog's or cat's collar.
C.
Quarantine or sacrifice of an animal suspected of biting a person
or being infected or exposed to rabies.
(1)
Quarantine or sacrifice of dog or cat. A law enforcement, humane
or animal control officer shall order a dog or cat quarantined if
the officer has reason to believe that the animal bit a person, is
infected with rabies or has been in contact with a rabid animal. If
a 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 and in a manner which avoids
damage to the animal's head.
[Amended 3-13-2019 by Ord. No. 1]
(2)
Sacrifice of other animals. A law enforcement, humane or animal control
officer may order killed or may kill an animal other than a dog or
cat if the officer has reason to believe that the animal bit a person
or is infected with rabies.
D.
Quarantine of dog or cat.
(1)
Delivery to isolation facility or quarantine on premises of owner.
A law enforcement, humane or animal control officer who orders a dog
or cat to be quarantined shall deliver the animal or shall order the
animal delivered to an isolation facility as soon as possible but
no later than 24 hours after the original order is issued or the officer
may order the animal to be quarantined on the premises of the owner
if the animal is immunized currently against rabies as evidenced by
a valid certificate of rabies vaccination or other evidence.
(2)
Health risk to humans. If a dog or cat is ordered to be quarantined
because there is reason to believe that the animal bit a person, the
custodian of an isolation facility or the owner shall keep the animal
under strict isolation under the supervision of a veterinarian for
at least 10 days after the incident occurred. In this paragraph, "supervision
of a veterinarian" includes, at a minimum, examination of the animal
on the first day of isolation, on the last day of isolation and on
one intervening day. If the observation period is not extended and
if the veterinarian certifies that the dog or cat has not exhibited
any signs of rabies, the animal may be released from quarantine at
the end of the observation period.
(3)
Risk to animal health.
(a)
If a dog or cat is ordered to be quarantined because there is
reason to believe that the animal has been exposed to a rabid animal
and if the dog or cat is not currently immunized against rabies, the
custodian of an isolation facility or the owner shall keep the animal
leashed or confined for 180 days. The owner shall have the animal
vaccinated against rabies between 155 and 165 days after the exposure
to a rabid animal.
(b)
If a dog or cat is ordered to be quarantined because there is
reason to believe that the animal has been exposed to a rabid animal
but if the dog or cat is immunized against rabies, the custodian of
an isolation facility or the owner shall keep the animal leashed or
confined for 60 days. The owner shall have the animal revaccinated
against rabies as soon as possible after exposure to a rabid animal.
(4)
Sacrifice of a dog or cat exhibiting symptoms of rabies. If a veterinarian
determines that a dog or cat exhibits symptoms of rabies during the
original or extended observation period, the veterinarian shall notify
the owner and the officer who ordered the animal quarantined and the
officer or veterinarian shall kill the animal in a humane manner and
in a manner which avoids damage to the animal's head. If the
dog or cat is suspected to have bitten a person, the veterinarian
shall notify the person or the person's physician.
E.
Delivery of carcass; preparation; examination by laboratory of hygiene.
An officer who kills an animal shall deliver the carcass to a veterinarian
or local health department. The veterinarian or local health department
shall prepare the carcass, properly prepare and package the head of
the animal in a manner to minimize deterioration, arrange for delivery
by the most expeditious means feasible of the head of the animal to
the State Laboratory of Hygiene and dispose of or arrange for the
disposal of the remainder of the carcass in a manner which minimizes
the risk or exposure to any rabies virus. The Laboratory of Hygiene
shall examine the specimen and determine if the animal was infected
with rabies. The State Laboratory of Hygiene shall notify the Town,
the veterinarian or local health department which prepared the carcass
and, if the animal is suspected to have bitten a person, that person
or the person's physician.
F.
Cooperation of veterinarian. Any practicing veterinarian who is requested
to be involved in the rabies control program by an officer is encouraged
to cooperate in a professional capacity with the Town, the Laboratory
of Hygiene, the local health department, the officer involved and,
if the animal is suspected to have bitten a person, the person's
physician.
G.
Responsibility for quarantine and laboratory expenses. The owner
of an animal is responsible for any expenses incurred in connection
with keeping the animal in an isolation facility, supervision and
examination of the animal by a veterinarian, preparation of the carcass
for laboratory examination and the fee for the laboratory examination.
If the owner is unknown, the county is responsible for these expenses.
A.
Restrictions. It shall be unlawful for any person within the Town
of Koshkonong to own, harbor or keep any dog, cat, fowl or other animal
which:
(1)
Habitually pursues any vehicle upon any public street, alley or highway
in the Town.
(2)
Assaults or attacks any person or destroys property.
(3)
Is at large within the limits of the Town.
(5)
Kills, wounds or worries any domestic animal.
(6)
Is known by such person to be infected with rabies or to have been
bitten by an animal known to have been infected with rabies.
(7)
In the case of a dog, is unlicensed.
B.
Vicious dogs and animals.
(1)
For purposes of enforcing this section, a dog shall be deemed as
being of a vicious disposition if, within any twelve-month period
it bites two or more persons or inflicts serious injury to one person
in unprovoked circumstances off the owner's premises. Any vicious
dog which is found off the premises of its owner other than as hereinabove
provided may be seized by any person and, upon delivery to the proper
authorities, may, upon establishment to the satisfaction of a court
of competent jurisdiction of the vicious character of said dog, by
testimony under oath reduced to writing, be killed by the police authorities.
(2)
No person shall harbor or permit to remain on his premises any animal
that is habitually inclined toward attacking persons or animals, destroying
property, barking excessively or making excessive noises or running
after automobiles.
C.
Animals running at large.
(1)
No person having in his possession or ownership any animal or fowl
shall allow the same to run at large within the Town. The owner of
any animal, whether licensed or unlicensed, shall keep his animal
tied or enclosed in a proper enclosure so as not to allow said animal
to interfere with the passing public or neighbors. Any animal running
at large unlicensed and required by state law or Town Ordinance to
be licensed shall be seized and impounded by a humane or law enforcement
officer or other designated official.
(2)
A dog shall not be considered to be running at large if it is on
a leash and under control of a person physically able to control it.
D.
Owner's liability for damage caused by dogs; penalties. The
provisions of § 174.02, Wis. Stats., relating to the owner's
liability for damage caused by dogs together with the penalties therein
set forth are hereby adopted and incorporated herein by reference.
E.
Animal feces. The owner or person in charge of any dog or other animal
shall not permit solid fecal matter of such animal to deposit on any
street, alley or other public or private property, unless such matter
is immediately removed therefrom by said owner or person in charge.
This section shall not apply to a person who is visually or physically
handicapped.
A.
Animal control agency.
(1)
The Town of Koshkonong may contract with or enter into an agreement
with such person, persons, organization or corporation to provide
for the operation of an animal shelter, impoundment of stray animals,
confinement of certain animals, disposition of impoundment animals
and for assisting in the administration of rabies vaccination programs.
(2)
The Town of Koshkonong does hereby delegate any such animal control
agency the authority to act pursuant to the provisions of this section.
B.
Impounding of animals. In addition to any penalty hereinafter provided
for a violation of this chapter, any law enforcement or humane officer
may impound any dog, cat or other animal which habitually pursues
any vehicle upon any street, alley or highway of this Town, assaults
or attacks any person, is at large within the Town, habitually barks,
cries or howls, kills, wounds or worries any domestic animal or is
infected with rabies. In order for an animal to be impounded, the
impounding office must see or hear the violation of this section or
have in his/her possession a signed statement of a complaining witness
made under oath alleging the facts regarding the violation and containing
an agreement to reimburse the Town for any damages it sustains for
improper or illegal seizure.
C.
Claiming animal; disposal of unclaimed animals. After seizure of
animals under this section by a law enforcement or humane officer,
the animal shall be impounded. The officer shall notify the owner,
personally or through the U.S. Mail, if such owner be known to the
officer or can be ascertained with reasonable effort, but if such
owner be unknown or unascertainable, the officer shall post written
notice in three public places in the Town, giving a description of
the animal, stating where it is impounded and the conditions for its
release, after the officer has taken such animal into his/her possession.
If, within seven days after such notice, the owner does not claim
such animal, the officer may dispose of the animal in a proper and
humane manner; provided, if an animal before being impounded has bitten
a person, the animal shall be retained in the Animal Shelter for 14
days for observation purposes. Within such times, the owner may reclaim
the animal upon payment of impoundment fees, such fees to be established
by resolution of the Town Board. No animal shall be released from
the pound without being properly licensed if so required by state
law or Town ordinance.
D.
Sale of impounded animals. If the owner doesn't reclaim the
animal within seven days, the animal warden may sell the animal to
any willing buyer.
E.
Town not liable for impounding animals. The Town and/or its animal
control agency shall not be liable for the death of any animal which
has been impounded or disposed of pursuant to this section.
No dog or cat shall be permitted in any public cemetery. Every
dog specially trained to lead blind or hearing impaired persons shall
be exempt from this section.
Every owner or person harboring or keeping a dog or cat who
knows that such dog or cat has bitten any person shall immediately
report such fact to a law enforcement, humane or animal control officer
and shall keep such dog or cat confined for not less than 14 days
or for such period of time as a law enforcement, humane or animal
control officer shall direct. The owner or keeper of any such dog
or cat shall surrender the dog or cat to a law enforcement or humane
officer upon demand for examination.
It shall be unlawful for any person owning or possessing an
animal, dog or cat to permit such animal, dog or cat to go upon any
parkway or private lands or premises without the permission of the
owner of such premises and break, bruise, tear up, crush or injure
any lawn, flower bed, plant, shrub, tree or garden in any manner whatsoever,
or to defecate thereon.
[Amended 3-13-2019 by Ord. No. 1]
It shall be unlawful for any person knowingly to keep or harbor
any dog which habitually barks, howls or yelps, or any cat which habitually
cries or howls in such manner as to materially disturb or annoy persons
in the neighborhood who are of ordinary sensibilities. Such dogs and
cats are hereby declared to be a public nuisance. A dog or cat is
considered to be in violation of this section when two formal, written
complaints are filed with the Town within a six-week period.[1]
[1]
Editor's Note: The following original sections, which immediately
followed this section, were repealed 3-13-2019 by Ord. No. 1: Sec.
7-1-12, Sale of rabbits, chicks or artificially colored animals, Sec.
7-1-13, Providing proper food and drink to confined animals, and Sec.
7-1-14, Providing proper shelter.
A.
Neglected or abandoned animals.
(1)
No person may abandon any animal.
(2)
Any law enforcement officer may remove, shelter and care for an animal
found to be cruelly exposed to the weather, starved or denied adequate
water, neglected, abandoned or otherwise treated in a cruel manner
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 such officer, or other
person, having possession of the animal shall have a lien thereon
for its care, keeping and medical attention and the expense of notice.
(3)
If the owner or custodian is unknown and cannot, with reasonable
effort, be ascertained or does not, within five days after notice,
redeem the animal by paying the expenses incurred, it may be treated
as a stray and dealt with as such.
(4)
Whenever in the opinion of any such 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 and the owner
thereof shall not recover damages for the killing of such animal unless
he shall prove that such killing was unwarranted.
(5)
Section 173.10, Investigation of Cruelty Complaints, and § 173.24,
Expenses of Investigation, Wis. Stats., are hereby adopted by reference
and made a part of this chapter.
B.
Injured animals. No person who owns, harbors or keeps any animal
shall fail to provide proper medical attention to such animal when
and if such animal becomes sick or injured. In the event the owner
of such animal cannot be located, the Town or any animal control agency
with whom the Town has an agreement or contract shall have the authority
to take custody of such animal for the purpose of providing medical
treatment, and the owner thereof shall reimburse the person or organization
for the costs of such treatment.
[Amended 3-13-2019 by Ord. No. 1]
No person, except a law enforcement, health or humane officer
in the pursuit of his duties, shall, within the Town, shoot or kill
or commit an act of cruelty to any animal or bird or disturb any bird's
nests or bird's eggs.
A.
Any person violating § 190-13 shall be subject to a forfeiture of not less than $50 and not more than $200. This section shall also permit the Town Attorney to apply to the court of competent jurisdiction for a temporary or permanent injunction restraining any person from violating any aspect of this chapter.
B.
General.
(2)
An owner who refuses to comply with an order issued under § 190-5 to deliver an animal to an officer, isolation facility or veterinarian or who does not comply with the conditions of an order that an animal be quarantined shall be fined not less than $100 nor more than $1,000 or imprisoned not more than 60 days.
[Amended 3-13-2019 by Ord. No. 1]
