[Adopted by Ord. No. 1415 (Sec. 15.11 of the Codification)]
[Amended by Ord. No. 1785]
A.
Definition of dangerous dog. Any dog shall be categorized as a dangerous
dog if it fits into any of the following categories:
(1)
Any dog which, when unprovoked, bites a person or a domestic pet
or animal, whether on public or private property.
(2)
Any uncontrolled dog which chases or approaches a person without
provocation in a manner which threatens the safety of humans or domestic
pets or animals.
(3)
Any dog with a demonstrated propensity, tendency or disposition to
attack, to cause injury to, or to otherwise threaten the safety of
humans or domestic pets or animals. This category shall include a
security dog which has been trained to attack.
(4)
Any dog not in strict conformity with the rabies control program
of the Village as established by this Village Code.
B.
Definition of vicious dog. Any dog shall be categorized as a vicious
dog if it fits into any of the following categories:
(1)
Any dog that, according to the records of a health department, police
department, or humane society or according to any other records available
to the Police Department, has directly inflicted any physical injury
that resulted in broken bones or lacerations requiring sutures on
a human being without provocation on public or private property.
(2)
Any dog that has killed a domestic pet or animal without provocation
while off its owner's property.
(3)
Any dog, having been previously found to be dangerous and its owner
having been given notice of the dangerous action, upon the dog biting,
attacking or endangering the safety of humans, domestic pets or animals.
C.
Exceptions. A dog shall not be categorized as dangerous or vicious
if it bites, attacks or menaces any person, domestic pet or animal
in order to:
D.
Determination of vicious dog.
(1)
Upon investigation, if an animal officer, law enforcement officer, or humane officer determines that a dog fits into any of the categories of Subsection A or B, the officer may declare the dog to be a dangerous or vicious dog as appropriate. The officer shall immediately inform the owner or caretaker in writing by personal service or by regular mail of said determination. If an owner or caretaker contests the designation of the dog as dangerous or vicious, the Chief of Police or the Chief's designee shall convene a hearing. At the hearing, the owner or caretaker shall have the opportunity to present evidence as to why the dog should not be declared dangerous or vicious. The hearing shall be held promptly within no less than five days and no more than 10 days after service of notice upon the owner or caretaker of the dog.
(2)
Pending the outcome of the hearing, the dog must be securely confined
in a humane manner either on the premises of the owner or caretaker
or with a licensed veterinarian.
(3)
After the hearing, the owner or caretaker shall be notified in writing
of the determination. If a determination is made that the dog is dangerous
or vicious, the owner or caretaker shall comply with this article
in accordance with a time schedule established by the Chief of Police,
but in no case more than 30 days after the date of determination.
If the owner or caretaker further contests the determination, he or
she may appeal the decision within five days of receiving the decision
to the Board of Appeals. If the Board of Appeals affirms the determination
that the dog is dangerous or vicious, the owner or caretaker shall
comply in accordance with a time schedule established by the Board
of Appeals. In the absence of a time schedule being established by
the Board of Appeals, the owner or caretaker shall comply in accordance
with the time schedule previously established by the Chief of Police.
E.
Regulation of dangerous and vicious dogs.
(1)
The owner or caretaker of any dog determined to be dangerous pursuant
to the provisions of this article shall be required to maintain actual
control of the dog by indoor confinement, secure fencing or enclosure,
tether which does not extend beyond property lines or into the right-of-way,
or a leash securely fastened to the dog and held and managed by an
owner or caretaker of sufficient strength and ability to control the
dog.
(2)
The owner or caretaker of any dog determined to be vicious pursuant
to the provisions of this article shall comply with the following
regulations:
(a)
Leash and muzzle.
[1]
No person owning, harboring or having care of a vicious dog
may permit such dog to go outside of its kennel or pen unless the
dog is securely leashed on a leash, no longer than four feet in length.
[2]
No person may permit a vicious dog to be kept on a chain, rope,
leash or similar restraining device outside its kennel or pen unless
a person competent to govern the animal is in physical control of
the restraining device and remains in position to control the dog
at all times. The dog may not be leashed to inanimate objects such
as trees, posts and buildings.
[3]
A vicious dog outside the dog's kennel shall be muzzled in a
humane way by a muzzling device sufficient to prevent the dog from
biting persons or other animals. A vicious dog shall not be required
to be muzzled when either shown in a sanctioned American Kennel Club
Show or upon prior written approval by the Director of Public Safety
or his designee.
(b)
Confinement.
[1]
All vicious dogs shall be securely confined indoors or in a
securely enclosed and locked pen or kennel on the premises of the
owner or caretaker, except when leashed and muzzled. When constructed
in an open yard, the pen or kennel must be childproof from the outside
and dogproof from the inside. A strong metal double fence with adequate
space between fences (at least two feet) must be provided so that
a child cannot reach into the dog enclosure. The pen, kennel or structure
shall have secure sides and a secure top attached to all sides. A
structure used to confine a vicious dog shall be locked with a key
or combination lock when the dog is within the structure. The structure
shall have a secure bottom or floor attached to the sides of the pen
or the sides of the pen must be embedded in the ground no less than
two feet. All structures erected to house vicious dogs shall comply
with all zoning and building regulations of the Village. All structures
shall be adequately lighted and ventilated and kept in a clean and
sanitary condition.
[2]
No vicious dog may be kept on a porch, patio or in any part
of a house or structure on the premises of the owner or caretaker
that would allow the dog to exit the building on its own volition,
except through a door leading directly to a pen or kennel meeting
all of the requirements of this subsection. No vicious dog may be
kept in a house or structure when the windows are open or when screen
windows or screen doors are the only obstacle preventing the dog from
exiting the structure.
(c)
Liability insurance or surety bond. The owner or caretaker of
a vicious dog shall present to the Health Department or Police Department
proof that the owner or caretaker has procured liability insurance
in the amount of at least $100,000, insuring the owner for any personal
injuries inflicted by the vicious dog. In lieu of the liability insurance
requirement, the owner or caretaker of a vicious dog may present evidence
of a surety bond in the sum of at least $100,000, payable to any person
injured by a vicious dog.
(d)
Signs. The owner or caretaker of a vicious dog shall display,
in prominent places on his or her premises near all entrances to the
premises, signs in letters of no less than two inches high warning
that there is a vicious dog on the property. A similar sign is required
to be posted on the kennel or pen of the dog.
(e)
Notification. The owner or caretaker shall immediately notify
the police department if a vicious dog is on the loose, is unconfined,
has attacked another animal, has attacked a human being, has died,
has been sold or has been given away. If the vicious dog has been
sold or given away, the owner or caretaker shall also provide the
Police Department with the name, address and telephone number of the
new owner of the vicious dog. If the vicious dog is sold or given
away to a person residing outside the Village, the owner or caretaker
shall present evidence to the Police Department showing that he or
she has notified the Police Department or other law enforcement agency
of the dog's new residence.
F.
Removal. If the owner or caretaker of a dog that has been designated
vicious is unwilling or unable to comply with the regulations for
keeping the dog in accordance with this article, he or she shall remove
the dog from the Village, with the dog only being allowed to be returned
if there is compliance with all regulations of this article.
G.
Inspection. The health department or police department will make
whatever inquiry is deemed necessary to insure compliance with this
article.
H.
Exemption. This article does not apply to dogs used while in the
line of duty by the police department, any other law enforcement agency
or unit of the United State Military Service.
[Amended by Ord. No. 1476]
A.
Number of dogs limited. No person or persons living together as a
single housekeeping unit shall own or keep more than two dogs. However,
in addition, when puppies have been born or sired by a dog in residence
with the owner or caretaker, such puppies may be kept up to an age
of five months.
B.
Dog licenses and collar tags. Every dog shall be licensed pursuant
to the provisions of Wis. Stats. § 174.05. All dogs, their
owners and caretakers shall be subject to the provisions of Wis. Stats.
§ 174.07 in regard to dog licenses and collar tags, including,
but not limited to, the requirement that the owners shall securely
attach the tag to a collar and a collar with the tag attached shall
be kept on the dog for which the license is issued at all times except
for the circumstances set forth in that said statutory section. Humane
officers, licensed by the State of Wisconsin, are hereby authorized
to issue Village citations to Village residents for violation of this
article.
C.
Registration of security dogs. Any dog which is trained as a security dog and which is hired by an owner of premises within the Village for the purpose of guarding or securing said property shall be registered with the police department. An annual registration fee as set from time to time by the Village Board shall be paid, said fee to be in addition to the dog license fee. The owner of the dog and the owner of the premises shall be jointly responsible for said registration. In addition to the registration, the owner of the dog or the owner of the premises shall inform the police department as to the specific day or days when the dog will be present on the premises. Security dogs shall also be subject to all other provisions of this Article VII.
[Amended at time of adoption of Code (see Ch. 17, Village
Code and Ordinances, Art. I)]
D.
Dogs trained for fighting prohibited. No dog shall be kept within
the Village which has been trained, owned or harbored for the purpose
of dog fighting.
E.
Dog scoop.
(1)
Any person in control of a dog who takes the dog off of the premises
of the dog's owner or caretaker shall have a dog scoop, bag or container
in hand or on their person of sufficient size to immediately remove
fecal matter deposits from the public ways and from the property of
any other person deposited without the other person's knowledge and
consent.
(2)
No person shall place said fecal matter wrapped or unwrapped in a
storm catch basin of the Village, nor wrapped or unwrapped in private
trash receptacles of persons other than the person collecting the
fecal deposit, the dog's owner or caretaker, nor unwrapped in a public
receptacle.
F.
Killing of dogs prohibited. No dog may be killed within the Village
except as provided by Wis. Stats. §§ 174.01 and 174.02.
G.
Dog running at large. No dog shall run at large and no owner or caretaker
shall keep or possess a dog which runs at large. A dog is considered
running at large under the following circumstances:
(1)
A dog is considered to be running at large if it is off the premises
of its owner or caretaker and not controlled by the owner, caretaker
or some other person by leash not longer than six feet, and that person
is of sufficient size and physical stature and condition to control
the dog by continuous use of the leash.
(2)
A dog is considered to be running at large under any condition if
it is a public park, on school grounds or any other public areas of
this Village. Right-of-way areas for street purposes are not "public
areas" for the purpose of this subsection.
(3)
No dog shall be kept untagged. A dog is considered to be untagged
if a valid license is not attached to a secure and well maintained
collar which is properly affixed and worn by the dog whenever the
dog is outdoors, unless the dog is securely confined in a secure fenced
area.
(4)
The owner or caretaker of a dog which is found to be running at large
or found to be untagged may be issued a citation and subject to the
penalty as provided; and further, the owner and caretaker of a dog
which is found running at large or found to be untagged is responsible
for the cost of impoundment, boarding and other expenses related to
the Village dog control regulations. Reasonable charges for costs,
if unpaid within 30 days of the mailing of an appropriate invoice,
are to be added to the yearly property tax bill.
H.
Barking dogs. No person or caretaker shall own or possess a dog which
customarily, frequently or habitually barks or howls to the annoyance
of any person or persons.
A.
Quarantine. An officer of the Police Department, Health Department
or the Humane Society shall order a dog quarantined if the officer
has reason to believe that the dog bit a person, is infected with
rabies or has been in contact with a rabid animal. For the purposes
of this subsection, a bite shall be defined as any penetration of
the top layer of skin by teeth, or scratches, abrasions, open wounds,
or mucous membranes contaminated with the saliva of the dog.
B.
Quarantine period and examination. If a dog is quarantined because
there is reason to believe that the dog bit a person, the dog shall
be kept under strict isolation under the supervision of a veterinarian
for at least 10 days after the incident occurred. The supervision
of a veterinarian shall include an examination of the dog on the first
day of isolation, on the last day of isolation and on one intervening
day. Dogs that have been exposed to a rabid or suspect animal that
cannot be tested by the SHL antibody assay will be required to be
revaccinated and restrained by leash or confinement for 60 to 90 days.
C.
End of quarantine period. If the observation period is not extended
and if the veterinarian certifies that the dog has not exhibited any
signs of rabies and said letter is filed with the Police Department,
the animal may be released from quarantine.
D.
If rabies confirmed. If the veterinarian determines that the dog
exhibits symptoms of rabies during the observation, the dog shall
be destroyed in a humane manner. If the dog is suspected to have bitten
a person, the veterinarian shall notify the person or person's physician.
E.
Any owner or caretaker of a dog or any other person who knows that
a dog has bitten a person shall report such fact to the Police Department.
F.
Vaccination. Every owner or caretaker of a dog, in residence in the
Village, either permanently or temporarily, over five months of age
must be vaccinated for rabies pursuant to the provisions of Wis. Stats.
§ 95.21. The vaccination tag shall be attached to a collar
and the collar with the tag attached shall be kept on the dog at all
times except those situations specifically exempted pursuant to Wis.
Stats. § 95.21(2)(f).
G.
Wisconsin statutory provisions. All provisions of Wis. Stats. § 95.21,
the rabies control program, are hereby adopted by reference and made
a portion of these Code provisions, and all owners and caretakers
of dogs shall comply with all said provisions, whether or not specifically
enumerated in this Code section.
