[HISTORY: Adopted by the Village Board of the Village of
Gresham as indicated in article histories. Amendments noted where
applicable.]
[Adopted as § 12.08 of the prior Code; amended
in its entirety 11-14-2017]
It shall be unlawful for any person in the Village to own, harbor
or keep any dog/cat more than five months of age without complying
with the provisions of this article and §§ 174.05 through
174.10, Wis. Stats., relating to the listing, licensing and tagging
of same.
A.
The license fee for a dog/cat shall be as set from time to time by
the Village Board, with higher fees charged for unneutered or unspayed
animals.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
B.
In the event a dog/cat becomes five months of age after July 1, 1/2
of the appropriate fee shall be charged.
[Amended 3-12-2019]
The Village Clerk shall assess and collect a late fee of $25
from every owner of a dog/cat five month of age or older if the owner
failed to obtain a license prior to April 1 of each year or within
30 days of acquired ownership of a licensable dog/cat, or if the owner
failed to obtain a license before the dog/cat reached licensable age.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
The owners of kennels may opt to pay a kennel license fee in an amount as set from time to time by resolution of the Village Board in lieu of the fees provided for in § 118-2 above and the Village Clerk shall issue tags for each dog owned by the kennel owners. No kennel may be located in a residential district.
It shall be unlawful for any person to keep a dog/cat in the
Village which is over five months of age and has not received a rabies
vaccination as required by § 95.21(2), Wis. Stats. No dog/cat
license shall be issued until a certificate of rabies vaccination
issued by a veterinarian has been presented. A rabies vaccination
tag shall be attached to the collar of all licensed dogs/cats at all
times, except as provided in § 95.21(2)(f), Wis. Stats.
In this article, unless the context of subject matter otherwise
requires, the terms used shall be defined as follows:
A dog/cat which is off the premises of the owner and not
under the control of some person competent to handle the animal either
by leash or otherwise, but an animal with an automobile of any other
person with the consent of the animal's owner shall be deemed
to be upon the owner's premises.
Any establishment wherein dogs are kept for the purpose of
breeding, sale or sporting purposes.
Any person owning, harboring or keeping a dog/cat and the
occupant of any premises on which the dog/cat remains or to which
it customarily returns daily for a period of 10 days is presumed to
be harboring or keeping the dog/cat within the meaning of this article.
It shall be unlawful for any person within the Village to own,
harbor or keep any dog/cat, which:
A.
Habitually pursues vehicles upon any street, alley or highway.
B.
Molests passersby or assaults or attacks any person without provocation.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
C.
Is at large within the limits of the Village.
D.
Habitually barks or howls to the annoyance of any person or persons.
This subsection shall not apply to hospitals conducted for the treatment
of small animals or to the premises occupied or used by the Village
Pound.
E.
Kills, wounds or worries any domestic animal.
A.
Dogs/carts running at large. A dog/cat is considered to be running at large if it is off the premises of its owner and not under the control or the owner or some other person, as defined in the definition of "at large" in § 118-6 above.
B.
Untagged dogs/cats. A dog/cat is considered to be untagged if a valid
license tag is not attached to a collar which is keep on the dog/cat
whenever the dog/cat is outdoors unless the dog/cat is securely confined
in a fenced area.
C.
Dogs/cats subject to impoundment. Police officers or other officers
appointed by the Village Board shall attempt to capture and restrain
any dog/cat running at large and any untagged dog/cat.
D.
Penalties. If the owner of a dog or cat, negligently or otherwise,
permits the dog or cat to run at large, or permits a dog/cat to be
untagged, the owner shall forfeit $10 for the first offense and $20
for subsequent offenses.
Every person, including the owner or person harboring or keeping
a dog/cat or other animal, who knows that such animal has bitten any
person, shall immediately report such fact to the Police Department.
A.
Quarantine or sacrifice of animal. The County Health Officer or a
police officer may order a dog/cat or other animal quarantined if
he 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 animal cannot be captured, the officer
may kill the animal. The officer may kill an animal 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.
B.
Quarantine order. If a quarantine is ordered, the owner of the dog/cat
shall be subject to the provisions of § 95.21(5), (6) and
(8), Wis. Stats.
No person shall open any door or gate of any private premises
for the purpose of setting any dog, cat or other animal at large,
including the owner of such animal.
A.
Impounding of dogs/cats. A police officer or other person restraining
a dog running at large shall take such animal to a pound designated
by the Village Board. The keeper of the pound shall attempt to identify
the dog/cat and notify the owner and shall keep a public record of
all such dogs/cats impounded.
B.
Release of dog/cat to owner or representative. The keeper of the
pound may release the dog/cat to the owner or his representative if
the owner or representative:
(1)
Gives his name and address and presents identification verifying
same.
(2)
Presents evidence that the dog/cat is licensed and vaccinated against
rabies.
(3)
Pays the dog's/cat's service fee in such amount as set
from time to time by resolution of the Village Board.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
C.
Release of dog/cat to person other than owner. If the owner of the
dog/cat is unknown or does not reclaim the dog/cat within seven days,
the keeper of the pound may release the dog/cat to a person other
than the owner if such person:
In addition to other penalties provided in this article, the
following penalties are imposed.
A.
Failure to obtain rabies vaccination. A dog/cat owner who fails to
have a dog/cat vaccinated against rabies, as provided in this article,
shall, upon conviction, forfeit not less than $50 nor more than $100.
B.
Refusal to comply with quarantine order. An owner of a dog, cat or
other animal who refuses to comply with an order issued under the
section to deliver the animal to a police officer, the pound designated
by the Village Board, or veterinarian or who does not comply with
the conditions of an order that the animal be quarantined, shall,
upon conviction, forfeit not less than $100 nor more than $1,000 or
be imprisoned not more than 60 days, or both.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
[Adopted as § 12.09 of the prior Code]
The terms used in this article are defined as follows:
Any dog or hybrid dog with a propensity, tendency or disposition
to attack, assault, cause injury or otherwise endanger the safety
of human beings or other domestic animals as evidenced by its habitual
or repeated chasing or snapping, or barking and/or snarling in a threatening
manner.
[Amended 11-14-2017]
Any dog or hybrid dog which attacks a human being or another
domestic animal without provocation.
Any dog or hybrid dog owned or harbored primarily or in part
for the purpose of dogfighting, or any dog trained for dogfighting.
Any pit bull dog.
A.
Leash and muzzle. No person owning, harboring or having the care
of a vicious dog may suffer or permit such dog to go outside its kennel
or pen unless the dog is securely leashed with a leash no longer than
four feet in length. No person may permit a vicious dog to be kept
on a chain, rope or other type of leash outside its kennel or pen
unless a person is in physical control of the leash. The dog may not
be leashed to inanimate objects such as trees, posts and buildings.
A vicious dog on a leash outside the dog's kennel shall be muzzled
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 shown either in a sanctioned American Kennel Club show or upon
prior approval of the Police Department.
B.
Confinement. All vicious dogs shall be securely confined indoors or in a securely enclosed and locked pen or kennel, except when leashed and muzzled as provided in Subsection A above. 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.
C.
Confinement indoors. No vicious dog may be kept on a porch, patio
or in any part of a house or structure that would allow the dog to
exit the building on its volition. 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.
D.
Prohibited in multiple dwellings. No vicious dog may be kept within
any portion of any multiple dwelling.
E.
Signs. All owners, keepers or harborers of vicious dogs shall, within
15 days of the effective date of this article, display in a prominent
place on their premises a sign easily readable by the public with
letters not less than two inches in height stating "danger - vicious
dog." A similar sign is required to be posted on the kennel or pen
of the dog.
F.
Insurance. All owners, keepers or harborers of vicious dogs or hybrid
dogs shall, within 30 days of the effective date of this article,
provide proof to the Police Department of public liability insurance
in a single incident amount of $50,000 for bodily injury to or death
of any person or for the damage to property owned by any person which
may result from the ownership, keeping or maintenance of vicious dogs
or hybrid dogs. The insurance policy shall provide that no cancellation
of the policy will be made unless a ten-day written notice is first
given to the Police Department. The owner or custodian of the dog
shall produce evidence of the required insurance upon request of a
law enforcement officer. This paragraph does not apply to dogs kept
by law enforcement agencies.
The Police Department shall investigate every dog complaint and make a determination as to whether or not such dog is vicious, as defined in the definition of "vicious dog" in § 118-14 above. In the event the Police Department makes a determination that a dog is vicious, the Department shall so inform the owner, keeper or harborer of such dog and provide such person with a copy of this article.
Any vicious dog which attacks a human being or domestic animal
may be ordered destroyed by a police officer or humane officer when,
in the judgment of a court of competent jurisdiction, the dog represents
a continuing threat of serious harm to human beings or domestic animals.
Any person who violates any provision of this article shall, upon conviction, be subject to the payment of a forfeiture as provided in § 1-3 of this Code. A separate offense shall be deemed committed on each day on which a violation of this article occurs or continues.
