[HISTORY: Adopted by the Town Board of the Town of West Bend
as indicated in article histories. Amendments noted where applicable.]
[Adopted by Ord. No. 90-05 (Ch. 12, Sec. 12.08, of the 1990 Code of Ordinances)]
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
the provisions of this article and §§ 174.05 through
174.10, Wis. Stats., relating to the listing, licensing and tagging
of same.
A.
The following license fees for dogs shall be as established in the
current fee schedule, on file in the Town offices, as amended from
time to time by the Town Board:
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. III)]
B.
In the event a dog becomes five months of age after July 1, 1/2 of
the appropriate fee shall be charged.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. III)]
The Town Clerk shall assess and collect a late fee, as established
in the Town fee schedule, from every owner of a dog five months of
age or older if the owner failed to obtain a license prior to April
1 of each year or within 30 days of acquiring ownership of a licensable
dog, or if the owner failed to obtain a license before the dog reached
licensable age.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. III)]
The owners of kennels may opt to pay a kennel license fee as established in the Town Fee Schedule for a kennel of 12 dogs or less, plus an additional fee for each dog in excess of 12, in lieu of the fees provided in § 111-2 above and the Town Clerk shall issue tags for each dog owned by the kennel owners. No kennel may be located in a residential area.
It shall be unlawful for any person to keep a dog in the Town
which is over five months of age and has not received a rabies vaccination
as required by § 95.21(2), Wis. Stats. No dog 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 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 which is off the premises of the owner and not under
the control of some person either by leash or otherwise, but an animal
within 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 and the occupant
of any premises on which the dog remains or to which it customarily
returns daily for a period of 10 days is presumed to be harboring
or keeping the dog within the meaning of this article.
It shall be unlawful for any person within the Town to own,
harbor or keep any dog which:
A.
Habitually pursues vehicles upon any street, alley or highway.
B.
Molests passersby or assaults or attacks any person without provocation.
C.
Is at large within the limits of the Town.
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 Town pound.
E.
Kills, wounds or worries any domestic animal.
A.
Dogs running at large. A dog is considered to be running at large if it is off the premises of its owner and not under the control of the owner or some other person, as defined in § 111-6 above.
B.
Untagged dogs. A dog is considered to be untagged if a valid license
tag is not attached to a collar which is kept on the dog whenever
the dog is outdoors unless the dog is securely confined in a fenced
area.
C.
Dogs subject to impoundment. Peace officers shall attempt to capture
and restrain any dog running at large and any untagged dog.
D.
Penalties. If the owner of a dog, negligently or otherwise, permits
the dog to run at large, or permits a dog to be untagged, the owner
shall forfeit $25 for the first offense and $100 for subsequent offenses.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. III)]
Every person, including the owner or person harboring or keeping
a dog or other animal, who knows that such animal has bitten any person
shall immediately report such fact to the Sheriff.
A.
Quarantine or sacrifice of animal. The Health Officer may order a
dog 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
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 or other animal at large, except
the owner of such animal.
A.
Impounding of dogs. The Town Police Chief or other person restraining
a dog running at large shall notify the county pound or take such
animal to the pound. The Police Chief shall attempt to identify the
dog and notify the owner and shall keep a public record of all such
dogs impounded.
C.
Release of dog to person other than owner. If the owner of the dog
is unknown or does not reclaim the dog within seven days, the pound
may release the dog to a person other than the owner if such person:
No person, except a kennel licensee, shall own, harbor or keep
more than two dogs that are more than five months of age except in
a place or places where animals are impounded or restrained, as specified
in this article. If a total of more than two dogs are owned, harbored
or kept in or by any one household, the head of the household shall
be deemed the person so owning, harboring or keeping such animals,
notwithstanding that the dog license or licenses may be issued to
other members of the household as owners of such dogs.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. III)]
In addition to any other penalties provided in other sections
of this article, the following penalties are imposed:
A.
Failure to obtain rabies vaccination. A dog owner who fails to have
a dog vaccinated against rabies, as provided in this article, shall,
upon conviction, be subject to a forfeiture of $100.
B.
Refusal to comply with quarantine order. An owner of a dog or other
animal who refuses to comply with an order issued under this article
to deliver the animal to a police officer, the pound designated by
the Town Board, or veterinarian, or who does not comply with the conditions
of an order that the animal be quarantined, shall, upon conviction,
be subject to a forfeiture of $500.
[Added 7-14-1999 by Ord.
No. 99-04]
The owner or person in control of any animal shall not permit
solid fecal matter of such animal to be deposited on any street, alley
or other public or private property, other than such person's property
or property in the possession of such person, unless such fecal matter
is immediately removed therefrom by said owner or person in control.
This article shall not apply to a visually or physically handicapped
person who is using such animal as an aid.
[Adopted by Ord. No. 90-05 (Ch. 12, Sec. 12.09, of the 1990 Code of Ordinances)]
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. III)]
The following terms when used in this article are defined as
follows:
Any dog with a propensity, tendency or disposition to attack,
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.
Any dog which attacks a human being or another domestic animal
without provocation.
Any dog owned or harbored primarily or in part for the purpose
of dog-fighting, or any dog trained for dogfighting.
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 Town Police Chief.
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 Town. 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 using
the words "Beware of 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 shall,
within 30 days of the effective date of this article, provide proof
to the Police Chief 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. 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 Chief. The owner
or custodian of the dog shall produce evidence of the required insurance
upon request of a law enforcement officer. This subsection does not
apply to dogs kept by law enforcement agencies.
The Police Chief shall investigate every dog complaint and make a determination as to whether or not such dog is "vicious," as defined in § 111-16 above. In the event the Police Chief makes a determination that a dog is "vicious," he or she 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.
