This ordinance hereby adopts the provisions of § 95.21,
Chapters 173, 174 and 951, of the Wisconsin Statutes, exclusive of
any penalties.
The provisions of this ordinance shall be interpreted to be
the minimum requirements and shall be liberally translated in favor
of Oneida County and shall not be deemed a limitation of any power
granted by the State of Wisconsin State Statutes.
This ordinance shall be effective and enforceable in all areas
of Oneida County except where municipalities have enacted legislation
which is as or more restrictive than this ordinance.
Words or phrases, unless specifically defined, shall be interpreted
as having the same meaning as they have in Wisconsin Statutes, Wisconsin
Administrative Codes and/or judicially interpreted by Wisconsin Case
Law.
(1) ANIMAL — Includes every living warm-blooded creature, except
for human beings, reptiles or amphibians.
(2) ANIMAL AT LARGE — Any animal shall be deemed to be at large
when off the property of the owner and not under the control of the
owner or some other person.
(3) ANIMAL CONTROL OFFICER — Any person designated by a government
agency (County or town), to enforce the adopted ordinances of the
County and the State Statutes, as they pertain to animal control,
except authority restricted to humane officers under § 173.07,
Wis. Stats.
(4) ANIMAL SHELTER — Any facility operated by a humane society
or municipal agency or its authorized agents for the purpose of impounding
and caring for animals held under the authority of this Ordinance
or State Law.
(5) CONFINED — The restriction of an animal at all times by the
owner or an agent of the owner to an escape proof building, vehicle
or other enclosure.
(6) CRUEL — Causing unnecessary and excessive pain or suffering
or unjustifiable injury or death.
(7) DATCP — The Wisconsin Department of Agriculture, Trade, and
Consumer Protection.
(8) DOMESTIC ANIMAL — Any animal, which normally can be considered
tame and converted to home life or livestock and includes livestock,
dogs and cats.
(9) DWELLING UNIT — For purposes of Chapter
23 exclusively, means a building or portion thereof, designated or used exclusively for residential purposes.
(10) EXOTIC ANIMAL — Any animal that is not normally domesticated
in the United States or is wild by nature.
(11) HEALTH OFFICER — The person with authority in the County or
a municipality for public health law enforcement and the implementation
of public health program activities, or duly designated representative
of such person.
(12) KENNEL or CATTERY — Any premises wherein any person engages
in the business of boarding, breeding, buying, letting for hire, training
for a fee or selling of dogs or cats.
(13) LICENSING AUTHORITY — The municipal treasurer or its delegated
collecting agent.
(14) OWNER — Any person who owns, harbors, or keeps a domestic animal
or owns or keeps any animal. Where a family keeps an animal all adult
members of the household shall be responsible for the requirements
of this Ordinance. Any animals shall be deemed to be harbored if it
is fed and/or sheltered.
(15) PUBLIC NUISANCE — Any domestic animal or animals which engage
in one or more of the following:
(a)
Molesting passers-by or passing vehicles.
(b)
Attacking persons or animals without provocation when said persons
or animals were peacefully conducting themselves where they were lawfully
entitled to be.
(c)
Trespassing on school grounds, parks, cemeteries or other public
and private property.
(d)
Being repeatedly at-large, where repeatedly means at least two
times.
(e)
Damaging private or public property.
(f)
Barking, whining, howling or other noise in a continuous manner,
such as it causes an unreasonable disturbance to a person or persons.
(16) QUARANTINE or ISOLATION FACILITY — A humane society, shelter,
veterinary hospital, municipal pound, which is equipped with a pen
or a cage which isolates one animal from contact with other animals.
(17) RESTRAINT — Any animal secured by a leash, lead or within the
fenced (underground/above ground) property limits of the animal's
owner or leashed by a chain or other significant restraining device
that limits the animal to the property limits of the owner.
(18) VETERINARIAN — A person who is currently licensed in the State
of Wisconsin to practice veterinarian for surgery, diagnosis and treatment
of disease and injury of animals.
(19) VETERINARY HOSPITAL/CLINIC — Any establishment maintained and
operated by a licensed veterinarian for surgery, diagnosis and treatment
of disease and injury of animals.
(20) VICIOUS ANIMAL — An animal will be considered vicious 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.
(21) WILD ANIMAL — Any indigenous, warm-blooded mammal, which is
now or historically has been found in the wild.
Health care providers, attending physicians, and attending veterinarians
are required to report all incidents of suspected and/or confirmed
animal bites on persons in Oneida County within 24 hours to the appropriate
law enforcement agency. This includes bites occurring to the owner
or immediate family. In the case that no health care providers, physicians,
or veterinarians are contacted, the owner is responsible for reporting
the incident within 24 hours.
This Chapter incorporates the provisions of §§ 10.951.02, 10.951.13 & 10.951.14 as they relate to Chapter 951, Wis. Stats., and the penalties as set forth in §
25.04 for violation of those referenced sections. The Sheriff's department will investigate crimes against animals, using clarifications and references provided by the State of Wisconsin Humane Officer as a guideline in making such determinations. The County appointed Humane Officer(s) shall attend, when possible, training as offered by the Wisconsin Department of Agriculture, Trade, and Consumer Protection.
All dead domestic animals shall be disposed of in a manner pursuant
to Wis. Stats. 95.50. Animals killed by motor vehicles shall not be
included in this section.
Animals killed by motor vehicles will be disposed of in a manner
outlined by any present contracts for removal in place with the Wisconsin
Department of Transportation and Oneida County or other arrangements.
It shall be the duty of each town in Oneida County to provide
on an annual basis to the Oneida County Clerk, the following information:
(1) A list of individuals appointed to perform animal control duties.
(2) A list of approved shelter facilities that may be utilized by their
town in the event an animal is taken into custody.
All costs associated with animal control violations, impoundment,
quarantine, or abatement shall be the responsibility of the animal
owner.