[Ord. No. O1-2003, § 7-1-1, 1-14-2003]
(a) ANIMAL AT LARGE CAT COOP CRUEL DOG FARM ANIMAL LAW ENFORCEMENT OFFICER LEASH NEUTERED and SPAYED OFFENSIVE BUSINESS OWNER PET POTBELLIED PIG SERVICE ANIMAL SLAUGHTERHOUSE STABLE VETERINARIAN VICIOUS ANIMAL(1) (2) (3) (4)
Definitions. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:
Mammals, reptiles and birds.
To be off the premises of the owner and not under the control of a person by leash. However, a dog, cat, potbellied pig or ferret within an automobile of its owner or with the consent of the owner shall be deemed to be upon the owner's premises. Hunting dogs, under the control of the owner when hunting with the landowner's permission, and law enforcement animals are exempt from this definition.
Any feline, regardless of age or sex.
Any barn, warren or other structure, together with the yard in connection therewith, used for the housing of any chicken, rabbit or other small animal or bird, except dogs.
Causing unnecessary and excessive pain or suffering, or unjustifiable injury or death.
Any canine, regardless of breed, age or sex.
[Amended 10-10-2022 by Ord. No. 36-2022]
Any animal normally raised on a farm in the United States and used for food or fiber. Such term also includes horses, donkeys, mules and ponies.
A cord, thong or chain not more than 10 feet in length, by which an animal is controlled by the person accompanying the animal. A retractable lead may also be used by a responsible individual if the lead is of adequate strength to control the animal. Retractable leads shall only be used in open areas.
A dog, cat, potbellied pig or ferret having nonfunctional reproductive organs.
The killing or dressing, or both, of any animal in the usual course of a business or occupation, except the killing or dressing, or both, by farms of animals produced on their own farms where such killing or dressing, or both, occurs.
Any person owning, harboring or keeping a dog, cat, potbellied pig or ferret, and the occupant of any premises on which a dog, cat, potbellied pig or ferret remains or to which it customarily returns daily for a period of 30 days. An occupant of any premises on which a dog, cat, potbellied pig or ferret remains or to which it customarily returns daily for a period of 30 days is presumed to be harboring or keeping the dog, cat, potbellied pig or ferret within the meaning of this definition. Such term shall not apply to veterinarians, kennel operators or qualified nonprofit animal rescue groups (e.g., 501-c3) temporarily maintaining animals owned by others on their premises.
A domestically owned animal.
A purebred Vietnamese potbellied pig, registered through a North American Vietnamese potbellied pig registry. Potbellied pigs may not exceed 100 pounds in weight.
Any guide dog, signal dog or other animal trained to provide assistance to an individual with a disability.
A place where cattle, swine, sheep, goats or horses are killed or dressed, or both, for human consumption, except by farmers of animals produced on their own farms where killing or dressing, or both, occurs, and except occasionally such killing or dressing, or both, by individuals for their own use.
Any barn, sty, building or other structure, together with the yard in connection therewith, used for the housing of any horse, cow, pig, sheep, goat or other animal, except only dogs, chickens, rabbits or other small animals and birds.
A person duly licensed to practice veterinary medicine in the state and possessing a doctor's degree in veterinary medicine.
[Amended 10-10-2022 by Ord. No. 36-2022]
Any animal that, when unprovoked, attacks, bites or injures a human being, pet, companion animal or livestock on either public or private property; or
Any animal that has a history, known to the owner thereof, of attacking, without provocation; or
Any animal trained or used for fighting against another animal; or
Any animal brought from another city, village, town or county that has been declared dangerous or vicious by that jurisdiction.
Notwithstanding this definition of the term "vicious animal," no animal may be declared vicious if death, injury or damage is sustained by a person who, at the time such death, injury or damage was sustained, was committing a criminal trespass upon the premises occupied by the owner of the animal, or was teasing, tormenting, abusing or assaulting the animal or was committing, or attempting to commit, a crime, or violating, or attempting to violate, an ordinance which protects persons or property. No animal shall be declared to be vicious if death, injury or damage was sustained by a domestic animal which, at the time such death, injury or damage was sustained, was teasing, tormenting, abusing or assaulting the animal. No animal may be declared to be vicious if the animal was protecting or defending a human being within the immediate vicinity of the animal from an unjustified attack or assault. This definition shall not be construed to include animals that are part of a governmental organization or a trained guard dog in the performance of its duties. This definition shall not apply to an attack or biting by an animal when such animal is within the confines of a fenced in or enclosed building area, if such building or fenced in area has a sign warning or stating, "Beware of Dog," or other animal. |
(b)
Seizure and impoundment.
(1)
Police officers or persons designated by the Police Chief may seize and impound any animal found running at large. If an impounded animal bears identification, such as a microchip or tag, the owner shall be notified. Any impounded animal without a known owner shall be held for no less than seven days, during which time the owner may reclaim or surrender the animal. Any animal that has been held for seven days shall become the property of the impoundment facility at the beginning of the eighth day.
(3)
A law enforcement officer may take custody and impound an animal if the law enforcement officer has reasonable grounds to believe that the animal caused damage to any persons or property, pursuant to Wis. Stats. § 173.13. Under such circumstance, the animal shall remain in custody of the Animal Control Agency pursuant to § 10-7 until such time that a court of competent jurisdiction orders that the animal be released, relinquished or euthanized pursuant to Subsection (b)(2)b and c. If a court of competent jurisdiction makes a finding that the impounded animal is a vicious animal, then such animal shall not be released unless the court determines that the requirements of Subsection (d)(1) through (9) are satisfied to the extent they can be prior to the animal's release.
[Added 10-24-2022 by Ord. No. 39-2022]
(c)
Notice. If the Police Chief has reasonable grounds to believe an animal is a vicious animal, he or she shall promptly notify the owner of a vicious animal of the requirements of Subsection (d)(1) through (9) and that any violations of the requirements in that subsection may result in seizure and euthanizing of the animal.
[Amended 10-24-2022 by Ord. No. 39-2022]
(d)
Harboring vicious animals. The following requirements apply to owners harboring a vicious animal. Violation of this subsection subjects the owner to seizure and impoundment and, upon a petition to a court of competent jurisdiction, either permanent relinquishment or euthanizing of the vicious animal.
[Amended 10-24-2022 by Ord. No. 39-2022]
(1)
Any vicious animal which is found off the premises of its owner, other than as provided in this subsection, may be seized and delivered to the Mount Pleasant Police Department or Animal Control Agency as defined in § 10-7.
(2)
Except when leashed and muzzled, all vicious animals shall be securely confined indoors or in a securely enclosed and locked pen or kennel that is located on the premises of the owner and constructed in a manner that does not allow the animal to exit the pen or kennel on its own volition.
(3)
When constructed in a yard, the pen or kennel shall, at a minimum, be constructed to conform to the requirements of this subsection. The pen or kennel shall be childproof from the outside and animal-proof from the inside. A strong metal double fence with adequate space between fences (at least two feet) shall be provided so that a child cannot reach into the animal enclosure. The pen, kennel or structure shall have secure sides and a secure top attached to all sides. A structure used to confine an animal shall be locked with key or combination lock when the animal is within the structure. The structure shall either have a secure bottom or floor attached to the sides of the pen or the sides of the pen shall be embedded in the ground no less than two feet. All structures erected to house dangerous animals shall comply with all Village zoning and building regulations
(4)
Indoor confinement. No vicious animal 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 animal to exit the building on its own volition. No vicious animal may be kept in a house or structure when the windows are open or when screen windows or screen doors are the only obstacles preventing the animal from exiting the structure. No vicious animal may reside on a property where any person under the age of 18 resides.
(5)
Signs. The owner or caretaker of a vicious animal shall display, in prominent places on his or her premises near all entrances to the premises, signs in letters of not less than two inches high warning that there is a vicious animal on the property. A similar sign is required to be posted on the kennel or pen of the animal. In addition, the owner or caretaker shall conspicuously display a sign with a symbol warning children of the presence of a vicious animal.
(6)
Spay and neuter requirements. Within 30 days after an animal has been designated vicious, the owner or caretaker of the animal shall provide written proof to the Police Department from a licensed veterinarian that the animal has been spayed or neutered.
(7)
Microchip requirements. Within 30 days after an animal has been designated vicious, the owner must provide written proof from a licensed veterinarian that a numbered microchip has been placed in the animal so that the animal can be easily identified. The number on the microchip shall be provided with the written proof.
(8)
Liability insurance. The owner or caretaker of a vicious animal shall present proof of a certificate of insurance that the owner has procured liability insurance in an amount not less than $1,000,000 for any personal injuries inflicted by the vicious animal. Whenever such policy is cancelled or not renewed, the insurer and animal's owner or caretaker shall notify the Police Department of such cancellation or nonrenewal in writing by certified mail.
(9)
Training. If the vicious animal is a dog, the owner of a vicious animal, at his or her expense, must provide documentation from an accredited dog training specialist of attending and completing either an animal socialization program offered by a trainer certified by the Certification Council for Professional Pet Dog Trainers or the American Kennel Club Canine Good Citizen Program.
(e)
At large. It shall be unlawful for the owner or keeper of any animal to permit or suffer such animal to be at large.
(f)
At large causing injury. If an animal bites a person or animal and such bite causes injury, the owner of such animal shall be subject to a forfeiture of not less than $200 nor more than $2,500, together with the costs of prosecution, shall be imprisoned in the county jail until such forfeiture and costs are paid, but not exceeding 90 days, and shall be subject to an order for restitution for any damages suffered by the victim of said injury.
(g)
Incorporation of statutory regulation. Wis. Stats. §§ 173.13 and 174.01 — 174.046, and such sections as may be amended and/or renumbered, are hereby incorporated by reference with respect to restraining action against dogs, the imposition of forfeitures for violations of such regulations and other regulations of dogs imposed under this Code, and the impoundment and subsequent delivery, treatment and disposition of dogs; provided, however, that this subsection shall not be construed to restrict or limit any authority granted to the Police Department with respect to the regulation of dogs and shall not operate to reduce any forfeitures or other penalties which might otherwise be imposed under this Code.