A.
No person shall erect, contrive, cause, continue, maintain or permit
to exist any public nuisance within the City of Onalaska.
A.
A "public nuisance" is a thing, act, occupation, condition or use
of property which shall continue for such length of time as to:
1.
Substantially annoy, injure or endanger the comfort, health, repose
or safety of the public;
2.
In any way render the public insecure in life or in the use of property;
3.
Greatly offend the public morals or decency;
4.
Unlawfully and substantially interfere with, obstruct or tend to
obstruct or render dangerous for passage any street, alley, highway,
navigable body of water or other public way or the use of public property.
A.
HUMAN HEALTH HAZARD
IMMEDIATE HEALTH HAZARD
POLLUTION
TOXIC AND HAZARDOUS MATERIALS
Definitions. For purposes of this section:
A substance, activity or condition that is known to have
the potential to cause acute or chronic illness, to endanger life,
to generate or spread infectious diseases, or otherwise injuriously
to affect the health of the public, pursuant to § 254.01(2),
Wis. Stats.
A health hazard that exists, or has the potential to exist,
which should, in the opinion of the La Crosse County Health Officer,
be abated or corrected immediately, or at least within a twenty-four-hour
period, to prevent possibly injury or damage to human health or the
environment.
The contaminating or rendering unclean or impure the air,
land or waters in the City, or making the same injurious to public
health, harmful or commercial or recreational use or deleterious to
fish, animal or plant life.
Any chemical or biological material that is stored, deposited,
used or disposed of in such quantity or manner that it is or has the
potential to create a health hazard.
B.
Public health nuisances. The following acts, omissions,
places, conditions and things are hereby specifically declared to
be public health nuisances, but such enumeration shall not be constructed
to exclude other nuisances coming from within the definitions set
forth above:
1.
Adulterated food. All decayed, harmfully adulterated
or unwholesome food or drink sold or offered for sale to the public.
No person shall take or permit to remain any dog, cat or other live
animal on or upon the interior of any premises where food is sold,
offered for sale or processed for consumption by the general public.
2.
Air pollution. The escape of smoke, soot, cinders, noxious
acids, fumes, gases, fly ash or industrial dust within the limits
or within one mile therefrom in such quantities as to endanger the
health of persons of ordinary sensibilities or to threaten or cause
substantial injury to property.
3.
Animals at large. All animals running at large.
4.
Animal welfare. Intentional abuse or prolonged confinement
of any domestic or wide animal or fowl such that a decline in the
health or well-being of the animal occurs.
5.
Accumulation of refuse. Accumulation of old cans, lumber,
firewood, and other refuse or trash.
6.
Clean Air Act. The statutory provisions describing and
defining regulations with respect to indoor smoking contained in § 101.123,
Wis. Stats., known as the "Clean Indoor Air Act," exclusive of any
provisions therein relating to penalties to be imposed or the punishment
for violation of such statutes, are hereby adopted by reference and
made part of this section as if fully set forth herein. Any act required
to be performed or prohibited by § 101.123, Wis. Stats.,
and incorporated herein by reference is required or prohibited by
this section. Penalties for violation of this section shall be as
provided in Section 1-01-17 of this Code of Ordinances.
7.
Garbage cans and recycling cans. Garbage cans and recycling
bins which are not fly-tight.
8.
Human health hazard. No person shall erect, create,
cause, continue, maintain or permit any human health hazard within
the City. Any person who shall cause, create or maintain a human health
hazard, or who shall, in any way, aid or contribute to the causing,
creating or maintenance thereof, shall be guilty of violation of this
section.
9.
Noxious odors, etc. Any use of property, substances
or things within the City or within four miles thereof or causing
any foul, offensive, noisome, nauseous, noxious or disagreeable odors,
gases, effluvia or stenches extremely repulsive to the physical senses
of ordinary persons which annoy, discomfort, injure or inconvenience
the health of any appreciable number of persons within the City.
10.
Stagnant water. All stagnant water in which mosquitoes,
flies or other insects can multiply.
11.
Storage of potentially polluting substances. It
shall be unlawful for any person, firm or corporation to store any
potentially polluting substances unless such substances are stored
in such manner as to securely prevent them from escaping onto the
ground surface and/or into any street, sewer, ditch or drainageway,
lake or stream within the jurisdiction of the City.
12.
Street pollution. Any use of property which shall
cause any nauseous or unwholesome liquid or substance to flow into
or upon any street, gutter, alley, sidewalk or public place within
the City.
13.
Unburied carcasses. Carcasses of animals, birds
or fowl not intended for human consumption or foods which are not
buried or otherwise disposed of in a sanitary manner within 24 hours
after death.
14.
Water pollution. The pollution of any public well
or cistern, stream, lake, canal or other body of water by sewage,
creamery or industrial wastes or other substances.
C.
Cleanup of spilled or accidentally discharged wastes.
1.
Cleanup required. All persons, firms, or corporations
delivering, hauling disposing, storing, discharging or otherwise handling
potentially polluting substances, solid or liquid, such as, but not
limited to, the following: fuel oil, gasoline, solvents, industrial
liquids or fluids, milk, grease trap and septic tank wastes, sewage
sludge, sanitary sewer wastes, storm sewer catch basin wastes, oil
or petroleum wastes, shall immediately clean up any such spilled material
to prevent its becoming a hazard to health or safety or directly or
indirectly causing pollution to the lakes and streams under the jurisdiction
of the City.
2.
Notification. Spills or accidental release of hazardous
materials or pollutants at a site or of a quantity or nature that
cannot adequately be cleaned up by the responsible party or parties
shall be immediately reported to the Police Department so that assistance
can be given by the proper agency.
3.
Financial liability. The party or parties responsible
for the release, escape or discharge of wastes shall be held financially
liable for the cost of any cleanup or attempted cleanup deemed necessary
or desirable and undertaken by the City, or its designated agent,
in an effort to minimize the pollutional effects of the discharged
waste.
A.
The following acts, omissions, places, conditions and things are hereby specifically declared to be public nuisances offending public morals and decency, but such enumeration shall not be constructed to exclude other nuisances coming from within the definition of Section 12.02.12:
1.
Disorderly houses. All disorderly houses or resorts,
houses of ill fame, gambling houses and buildings or structures kept
or resorted to for the purpose of prostitution, promiscuous sexual
intercourse or gambling unless said device is authorized by state
law.
2.
Gambling places and devices. All gambling devices and
slot machines unless specifically authorized by state law. Any gambling
place defined in § 945.01(4)(a), Wis. Stats. pursuant to
the restrictions and abatement process under § 823.20, Wis.
Stats.
3.
Unlicensed sale of liquor and beer. All places where
intoxicating liquor or fermented malt beverages are sold, possessed,
stored, brewed, bottled, manufactured or rectified without a permit
or license as provided for the ordinances of the City.
4.
Illegal drinking. Any place or premises resorted to
for the purpose of drinking intoxicating liquor or fermented malt
beverages in violation of the laws of the State of Wisconsin or ordinances
of the City.
5.
Drug and gang houses. Any building, structure or dwelling
unit or portion of any building that is used to facilitate the delivery,
distribution or manufacture of controlled substance as prohibited
by State Statute and as further defined in § 823.113, Wis.
Stats., or any building, structure or portion thereof that is used
as a meeting place of a criminal gang or that is used to facilitate
the activities of a criminal gang in accordance with this chapter
is hereby declared a public nuisance and may be proceeded against
under this section. The provisions of § 823.113, Wis. Stats.,
is hereby adopted and by reference made a part of this Code as is
fully set forth herein. Any act required to be performed or prohibited
by any statute incorporated herein by reference is required or prohibited
in this chapter.
A.
General public nuisances. The following acts, omissions, places, conditions and things are hereby specifically declared to be public nuisances affecting peace and safety, but such enumeration shall not be constructed to exclude other nuisances coming from within the definition of Section 12.02.12:
1.
Flammable liquids. Repeated or continuous violations
of the ordinances of the City or laws of the state relating to the
storage of flammable liquids.
2.
Fireworks. All use or display of fireworks except as
provided by the laws of the State of Wisconsin and ordinances of the
City.
3.
Noisy animals or fowl. The keeping or harboring of any
animal or fowl which, by frequent or habitual howling, yelping, barking,
crowing or making of other noises shall greatly annoy or disturb a
neighborhood or any considerable number of persons within the City.
4.
Obstructions of streets and excavations. All obstructions
of streets, alleys, sidewalks, crosswalks or bike paths and all excavations
in or under the same, except as permitted by the ordinances of the
City or which, although made in accordance with such ordinances, are
kept or maintained for an unreasonable or illegal length of time after
the purpose thereof has been accomplished, or which do not conform
to the permit. No person shall undertake any activity, resulting in
the placement of mud, dirt, clay, sediment or other similar substance
upon any street, gutter, alley, sidewalk or bike path within the City,
which creates a condition hazardous to others using the street, gutter,
alley, sidewalk or bike path.
5.
Open excavations. All open and unguarded pits, wells,
excavations or unused basements accessible from any public street,
alley or sidewalk.
6.
Wires over streets. All wires over streets, alleys or
public grounds which are strung less than 15 feet above the surface
thereof.
7.
Continuous violation of City ordinances. Any place or
premises within the City where City ordinances or state laws relating
to public health, safety, peace, morals or welfare are openly, continuously,
repeatedly and intentionally violated.
B.
Dangerous dogs.
1.
Authorization. This subsection is enacted pursuant to
the general police power, the authorities granted to cities by the
Wisconsin State Constitution and set forth under § 66.0101,
Wis. Stats., and the express authority under of § 174.12(3),
Wis. Stats., as may be amended.
2.
Purpose and intent. The purpose of this subsection is
to promote the public health, safety and general welfare of the citizens
of the City of Onalaska.
3.
ANIMAL CONTROL OFFICER
AT LARGE
BITE INJURY
DANGEROUS DOG
DIRECTOR
DOMESTIC ANIMAL
ENCLOSURE
IMPOUNDMENT
MUZZLE
OWNER
POTENTIALLY DANGEROUS DOG
PROVOCATION
SANITARY CONDITION
SERIOUS PHYSICAL INJURY
VICIOUS DOG
Definitions. When used in this subsection, words have
their common meaning and, in addition, the following words, terms
and phrases, and their derivations have the following meanings:
Any person employed, contracted with or appointed by the
City who is authorized to investigate and enforce violations relating
to animal control or cruelty under the provision of this section.
A dog that is not on its owner's property and not leashed.
Any contact between an animal's mouth and teeth and the skin
of a bite victim which causes visible trauma, such as a puncture wound,
laceration, or other piercing of the skin.
Any dog that has caused a bite injury and is not a vicious
dog.
The Director of Animal Control.
An animal of a tamed species that is commonly kept as pets
and includes livestock.
A fenced or walled area having a fence or wall height of
at least six feet, suitable to prevent the entry of young children
and suitable to confine a dog.
Seizing and confining a dog by any law enforcement officer,
animal control officer or any other public officer under the provisions
of this section.
A device construct of strong, soft material of or metal,
designed to fasten over the mouth of a dog, that prevents the dog
from biting any person or other animal and that does not interfere
with its respiration.
Any person, partnership or corporation having a right of
property in an animal, or who keeps or harbors a dog, or who has in
their care, or acts as its custodian, or who knowingly permits a dog
to remain on any premises occupied by them.
Any dog that while at large behaves in a manner that a reasonable
person would believe poses a serious and unjustified imminent threat
of serious physical injury or death to a person or domestic animal,
or causes injury to a domestic animal.
Any action or activity, whether intentional or unintentional
which would be reasonably expected to cause a normal dog in similar
circumstances to react in a manner similar to that shown by evidence.
A condition of good order and cleanliness to minimize the
possibility of disease transmission.
Disfigurement, protracted impairment of health, or impairment
of the function of any bodily organ.
A dog that without provocation or justification bites or
attacks a person and causes serious physical injury or death or is
declared vicious under this section.
4.
Declaration of status.
a.
An animal control officer or law enforcement officer may find
and declare a dog potentially dangerous, dangerous or vicious after
the officer has probably cause to believe that the dog falls within
the definition of "vicious dog," "dangerous dog" or "potentially dangerous
dog." The finding must be based on:
i.
The written complaint of a person who is willing to testify
that the dog has acted in a manner in which causes it to fall within
the definition of "vicious dog," "dangerous dog" or "potentially dangerous
dog";
ii.
Dog bite reports filed with the animal control officer or City
of Onalaska;
iii.
Action of the dog witnessed by any animal control
officer or law enforcement officer; or
iv.
Other substantial evidence admissible in court.
b.
The declaration shall be in writing and shall be served by the
City:
i.
On the owner if known using regular mail to the owner's last
known address or by certified mail directed to the owner at the owner's
last known address, personally, or, if the owner cannot be located,
by publication of a Class 1 notice and posting a notice on the property
of the owner.
c.
The declaration shall contain the following information:
i.
The name and address of the owner of the dog if known and, if
not known, that fact;
ii.
A description of the dog;
iii.
Whereabouts of the dog;
iv.
Facts upon which the declaration is based;
v.
Restrictions placed upon the dog and when the owner is not known
the intended disposition of the dog;
vi.
Penalties for violation of the restrictions, including possibility
of destruction of the dog and any fine or imprisonment of owner; and
vii.
Availability of a hearing to contest the declaration
by submitting a written request to the Common Council within 15 days
of receipt of the declaration or, if notice is given by publication
or posting, within 15 days of the earlier of the date the notice appears
in the newspaper or the property is posted.
d.
A dog may be declared dangerous under this subsection if the
dog has within a twelve-month period attacked and killed a domestic
animal on more than one occasion. For purposes of this subsection
only, a domestic animal does not include any feral animal or does
not apply where the attack was upon a domestic animal that was at
large or upon a domestic animal that was tormenting or attacking the
dog.
e.
Dogs shall not be declared dangerous, potentially dangerous
or vicious if the threat, injury, or damage was sustained by a person
who, at the time, was committing a willful trespass or other tort
upon the premises occupied by the owner of the dog, or was tormenting,
abusing, provoking or assaulting the dog or has, in the past, been
observed or reported to have tormented, abused, provoked or assaulted
the dog or was committing or attempting to commit a crime.
f.
Notice. When notice is given by regular mail to
the owner's last known address, notice is effective on the third day
after the notice was placed in the mail, postage prepaid, to the owner's
last known address. When notice is given by certified mail, notice
is effective when received; provided, however, if certified mail delivery
has been refused, notice is effective by publication or posting, and
whenever notice is accomplished by publication or posting, the notice
is effective and deemed received on the earlier of the day the property
is posted or the newspaper is published.
5.
Potentially dangerous dogs.
a.
Prohibited. No person shall maintain a potentially
dangerous dog in violation of Title 7 or otherwise in violation of
this subsection.
b.
No person owning, harboring or having the care or custody of
a potentially dangerous dog shall permit the dog to go at large or
leave the owner's property unless the dog is securely leashed and
muzzled.
c.
Spaying/neutering. All owners of potentially dangerous
dogs must spay or neuter the dog and provide proof of sterilization
to the City Clerk within 14 days of the animal control officer declaring
the dog potentially dangerous.
d.
In addition to any other penalty for a violation of this subsection,
a court may revoke the authority of a person to keep a potentially
dangerous dog within the City.
e.
The owner of a potentially dangerous dog may apply to the Chief
of Police and Director of Animal Control to have the declaration waived
after two years upon meeting the following conditions:
i.
The owner and offending dog has no subsequent violations of
this chapter; and
ii.
The owner of the dog has complied with all the provisions of
this ordinance for a period of two years; and
iii.
The owner provides proof to the Chief of Police
of successful completion of a behavior modification program administered
by a certified pet dog trainer (CPDT), certified dog behavior consultant
(CDBC), or veterinary behaviorist certified through the American College
of Veterinary Behaviorists (ACVB) or equivalent training.
iv.
If the Chief of Police and Director of Animal Control finds
sufficient evidence that the dog owner has complied with all conditions
in this subsection, the application to rescind the potentially dangerous
dog declaration shall be approved.
6.
Dangerous dogs.
a.
No person shall maintain a dangerous dog in violation of this
subsection.
b.
Keeping of a dangerous dog. Once a dog has been
declared dangerous, it shall be kept in a secure enclosure subject
to the following requirements:
i.
Leash. No person having charge, custody, control
or possession of a dangerous dog shall allow the dog to exit its enclosure
unless such dog is securely attached to a leash not more than four
feet in length and walked by a person who is both over the age of
18 and who has the physical ability to restrain the dog at all times.
No owner shall keep or permit a dangerous dog to be kept on a chain,
rope or other type of leash outside its enclosure unless a person
capable of controlling the dog is in physical control of the leash.
ii.
Muzzle. It shall be unlawful for any owner or keeper
of a dangerous dog to allow the dog to be outside of its proper enclosure
unless it is necessary for the dog to receive veterinary care or exercise.
In such cases, the dog shall wear a properly fitted muzzle to prevent
it from biting humans or other animals. Such muzzle shall not interfere
with the dog's breathing or vision.
iii.
Confinement. Except when leashed
and muzzled as provided in this section, a dangerous dog shall be
securely confined in a residence or confined in a locked pen or other
secure enclosure that is suitable to prevent the entry of children
and is designed to prevent the dog from escaping. The enclosure shall
include shelter and protection from the elements and shall provide
adequate exercise room, light, and ventilation. The enclosed structure
shall be kept in a clean and sanitary condition and shall meet the
following requirements:
1.
The structure must have secure sides and a secure
top, or all sides must be at least six feet high;
2.
The structure must have a bottom permanently attached
to the sides, or the sides must be embedded not less than one foot
into the ground; and
3.
The structure must be of such material and closed
in such a manner that the dog cannot exit the enclosure on its own.
iv.
Indoor confinement. No dangerous dog shall be kept
on a porch, patio or in any part of a house or structure that would
allow the dog to exit such building on its own volition. In addition,
no such dogs shall be kept in a house or structure when the windows
or screen doors are the only obstacle preventing the dog from exiting
the structure.
v.
Signs. All owners, keepers or harborers of dangerous
dogs shall display in a prominent place on their premises a sign easily
readable by the public using the words "Beware of Dog."
vi.
Liability insurance, surety bond. Subject to the
City's discretion, the owner of a dangerous dog may be required to
present to the City Clerk proof that the owner has procured liability
insurance or a surety bond in the amount of not less than $100,000,
covering any damage or injury that may be caused by such dangerous
dog. The policy shall contain a provision requiring that the City
be notified immediately by the agent issuing it if the insurance policy
is canceled, terminated or expires. The liability insurance or surety
bond shall be obtained prior to the issuing of a permit to keep a
dangerous dog. The dog owner shall sign a statement attesting that
the owner shall maintain and not voluntarily cancel the liability
insurance policy following the determination of the status of dangerous
dog unless the owner ceases to own or keep the dog prior to the expiration
date of the permit period.
vii.
Identification photographs. All owners,
keepers or harborers of dangerous dogs must within 10 days of determination
by the City provide to the City Clerk's office and Director of Animal
Control, each, two color photographs of the registered dog clearly
showing the color and approximate size of the dog.
viii.
Microchip. All owners, keeps or
harborers of dangerous dogs must within 10 days of determination of
such status microchip the dog and provide the microchip information
to the City Clerk and Director of Animal Control.
ix.
Sale or transfer of ownership prohibited. No person
shall sell, barter or in any other way dispose of a dangerous dog
registered with the City to any person within the City unless the
recipient person resides permanently in the same household and on
the same premises as the owner of such dog, provided that the owner
of a dangerous dog may sell or otherwise dispose of a registered dog
to persons who do not reside within the City. The owner must disclose
the dog's status as a dangerous dog to anyone to whom the owner transfers
custody or care of the dog.
x.
Notification of escape. The owner or keeper of
a dangerous dog shall notify the Onalaska Police Department and Animal
Control immediately if such dog escapes from its enclosure or restraint
and is at large. Such immediate notification shall also be required
if the dog bites or attacks a person or domestic animal.
xi.
Failure to comply. It shall be a separate offense
to fail to comply with the restrictions in this section. Any dog found
to be in violation of this section shall be subject to immediate seizure
and impoundment as set forth below. In addition, failure to comply
with the requirements and conditions set forth in this chapter shall
result in the revocation of the dog's license providing for the keeping
of such dog.
xii.
A dangerous dog owner may apply to the Chief of
Police and Director of Animal Control to have the declaration waived
after three years upon meeting the following conditions:
1.
The owner and offending dog have no subsequent violations
of this chapter;
2.
The owner of the dog has complied with all of the
provisions of this act for a period of three years; and successful
completion of a behavior modification program administered by a certified
pet dog trainer (CPDT), certified dog behavior consultant (CDBC),
or veterinary behaviorist certified through the American College of
Veterinary Behaviorists (ACVB) or equivalent training; and
3.
If the Chief of Police and Director of Animal Control
finds sufficient evidence that the dog has complied with all conditions
in this subsection, and has sufficient evidence that the dog's behavior
has changed, the application shall be approved to rescind the dangerous
dog declaration.
7.
Vicious dogs. It shall be unlawful to keep, possess
or harbor a vicious dog within the City limits.
a.
The provisions of this section shall not apply to a law enforcement
dog being used to assist one or more law enforcement officers acting
an official capacity.
b.
The Director of Animal Control, Chief of Police or their designee
may seek a court order to have a dog euthanized that has been declared
vicious.
c.
The owner of a dog that has been declared to be vicious may
appeal that determination to the Common Council within 15 days of
the declaration. If an appeal is timely filed, the order to destroy
the animal is suspended pending the final determination of the Common
Council except when the Director declares that the public health and
safety require the immediate destruction of the animal, as in the
case of rabies.
d.
The owner of a vicious dog shall be liable for and shall pay
all costs associated with impoundment, removal or euthanasia of said
animal. The owner shall pay any other associates costs incurred.
8.
Immediate impoundment.
a.
A dog suspected of being dangerous or vicious may be immediately
impounded when the Director of Animal Control, Chief of Police or
the Director's designee determines such immediate impoundment is necessary
for the protection of public health or safety.
b.
If the owner of the dog impounded is not reasonably ascertainable
at the time of impoundment, Animal Control in conjunction with the
City shall immediately notify the owner by mail sent to the owner's
last known address, postage prepaid, which upon the passage of three
days be deemed complete or by personal service within five business
days after the dog's impoundment.
c.
The notice of impoundment shall inform the owner of the dog
that the owner may request, in writing, a hearing to contest the impoundment.
Upon receipt of the notice of impoundment either through personal
service or by mail (receipt is complete three days after mailing to
the last known address of owner, postage prepaid), the owner has five
business days to request a hearing by serving on the City Clerk a
written request for the hearing.
d.
Upon request by the owner of the dog for a hearing, a hearing
must be held within 10 business days after receipt of the request.
Notice of the date, time and location of the hearing shall be provided
by regular mail to the dog owner requesting the hearing. The impoundment
hearing shall determine if the dog poses a risk to public health and
safety or if the dog could be released. If the trier of fact determines
the dog does not pose a risk to public health and safety, the dog
shall be immediately released back to the owner pending further proceedings
either administrative or judicial.
e.
The owner must pay all of the cost of the impoundment and upon
request must post sufficient funds to cover the anticipated costs
for continued impoundment. In the alternative, the owner may propose
a suitable facility where the dog could be contained and maintained
at the sole cost of the owner, and upon approval of the Director,
the dog may be impounded at that facility under the terms and conditions
set by the Director. Failure to post funds sufficient to pay for the
costs of impoundment constitutes a waiver of any rights the owner
may have to a hearing under this subsection.
f.
If the owner is successful in appealing the decision to impound
the dog, the Director must refund to the owner any costs paid for
the impoundment.
9.
Continuation of dangerous dog declaration. Any dog that
has been declared dangerous or vicious by any agency or department
of this City, another municipality, county, or state shall be subject
to the provisions of this chapter. The person owning or having custody
of any dog designated as potentially dangerous or dangerous by any
municipality, county, or state government shall notify the City Clerk's
Office and Animal Control of the dog's address and conditions of maintenance
within 10 days of moving the animal into the City of Onalaska. The
restrictions and conditions of maintenance of any dog declared dangerous
by this City, another municipality, county, or state shall remain
in force while the dog remains in the City. No dog declared a potentially
dangerous, dangerous, or vicious dog by any other designation agency
or department of another municipality, county, or state based solely
on size, breed, mix of breeds, or appearance shall be subject to this
subsection.
10.
Reckless dog owner.
a.
Any person convicted of:
i.
A violation of the City of Onalaska Code of Ordinances, Title
7, relating to the licensing and regulation of animals; or Title 11
nuisances ordinances three or more times in any twenty-four-month
period; or
ii.
A violation of this division two or more times in any five-year
period shall be declared a reckless dog owner.
b.
The City Attorney's office in consultation with the Police Department
and Animal Control office shall issue a notification to the declaration
of reckless dog owner to the person with the following:
i.
Name and address of the person subject to the declaration; and
ii.
The description, violation and conviction that led to the declaration;
and
iii.
The name, description and license number of all
dogs subject to the effects of such declaration; and
iv.
Instructions on appealing the declaration to the Common Council.
c.
Once declared a reckless dog owner, the person shall not own,
keep, possess or harbor a dog for a period of five full years from
the date of declaration.
d.
A person declared to be a reckless dog owner may apply to have
the declaration waived after two years upon meeting the following
conditions:
i.
The person has no subsequent violations of this chapter or Title
7; and
ii.
The person has complied with all provision of this chapter for
a period of two years; and
iii.
The person provides proof to the City of a successful
completion of a program designed to improve the person's understanding
of dog ownership responsibilities and based upon an interview with
Animal Control and City appropriate City Officials as determined by
the City Administrator establishes that understanding.
e.
If the City finds sufficient evidence that the person has complied
with all conditions in this subsection, the City may rescind the reckless
owner declaration subject to conditions that can help to ensure no
future violations.
11.
Penalties. Any person violating this subsection
shall, upon conviction, pay a fine of not less than $100 nor more
than $500 or imprisonment in the La Crosse County jail for up to 60
days or both. For each subsequent violation of this subsection within
24 months after committing a previous violation, the fine shall be
not less than $250 nor more than $500.
12.
Appeals. Any person aggrieved by a decision under
this subsection may appeal that decision to Circuit Court in accordance
with and pursuant to Wisconsin state laws and Circuit Court rules.
