[HISTORY: Adopted by the Town Board of the Town of Wescott
as indicated in article histories. Amendments noted where applicable.]
[Adopted 1981 by Ord. No. 4-81]
This article shall be named the "Dog Control Ordinance"; any
previous ordinances enacted by the Town in conflict herewith are repealed.
In this article, unless the context or subject matter requires
otherwise, the following definitions shall be applicable:
To be off the premises of the owner and not under the control
of some person either by leash or physical means of restraining a
dog, but a dog within an automobile of its owner or in an automobile
of any person with the consent of the dog's owner shall be deemed
to be upon the owner's premises.
A designated officer appointed by the Town Board of the Town
to enforce this article. However, since passage of this article, Shawano
County has also passed a dog control ordinance, and the Town Board
wishes to encourage cooperation between enforcement officers of both
governments.
Any person owning, harboring, or keeping a dog and the occupant
of any premises on which a dog remains or to which the dog customarily
returns daily for a period of 10 days, is presumed to be harboring
or keeping the dog within the meaning of this section. This includes
immediate family and household members where appropriate.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
It shall be unlawful for any person in the Town to own, harbor
or keep any dog more than five months of age without complying with
Chapter 174 of Wisconsin Statutes. The fee and late fee for licensing
shall be in an amount as set from time to time by resolution of the
Town Board, plus actual Town expenses. Fees shall be paid to the Town
of Wescott.
It shall be unlawful for any person within the Town to own,
harbor, or keep any dog which:
A.Â
Is at large within the Town, off the owner's premises;
B.Â
Habitually pursues any vehicle upon any public street or highway
in the Town;
C.Â
Assaults or attacks any person, except if defending its owner's family
at the owner's premises;
D.Â
Habitually barks or howls to reasonable annoyance of any person(s)
E.Â
Kills, wounds or worries any domestic animal, deer, game birds or
their nests when not legitimately hunting with a licensed owner;
F.Â
Violates any other section of this article;
G.Â
Is known by the owner to be infected with rabies, or has been bitten
by an animal known to have been infected with rabies, and such owner
fails to quarantine the dog as required by Wis. Stats., § 95.21.
Section 95.21 of Wisconsin Statutes is hereby incorporated by
reference and made a part of this article. Any provisions of this
article shall be read in conjunction with said § 95.21;
however, it is the intent to make this article more restrictive pursuant
to § 95.21(9).
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
It shall be unlawful for any person to keep more than three domestic dogs over five months of age in any household within the Town unless allowed under Chapter 285, Zoning.
The Town Board shall approve kennel permits after review and
recommendation of the Town zoning committee, which holds a public
hearing after notice.
[Amended 3-9-1999 by Ord.
No. 99-3; 4-10-2000 by Ord. No. 2000-3; at time of adoption of Code (see
Ch. 1, General Provisions, Art. I)]
A.Â
Any person who violates this chapter shall, upon conviction, be subject
to the forfeiture amount in the Fine and Forfeiture Schedule of the
Town of Wescott that shall be as set from time to time by resolution
by the Town of Wescott. Each violation and each day a violation continues
or occurs shall constitute a separate offense.
B.Â
Any person who fails to obtain a dog license by the state deadline
in any year where required shall pay the corresponding late fee, as
set forth in corresponding state statue, in addition to the base license
amount.
The Town hereby designates the elected Treasurer as the listing
official for dog licensing purposes.
