[HISTORY: Adopted by the Common Council of the City of Neillsville as Title 7, Ch. 1, of the 1985 Code. Amendments noted where applicable.]
[Amended 6-13-2000 by Ord. No. 969; 6-11-2002 by Ord. No. 992; 3-11-2003 by Ord. No. 996; 10-27-2015 by Ord. No. 1052; 8-23-2022 by Ord. No. 1070]
A. 
License required. It shall be unlawful for any person in the City of Neillsville to own, harbor or keep any dog more than five months of age without complying with the provisions of this chapter relating to the listing, licensing and tagging of the same.
B. 
Definitions. In this chapter, unless the context or subject matter otherwise require, the following terms shall have the meaning indicated:
ANIMAL
Mammals, reptiles and birds.
AT LARGE
To be 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 its owner or in an automobile of any other person with the consent of the owner of said animal, shall be deemed to be upon the owner's premises.
CAT
Any feline, regardless of age or sex.
CRUEL
Causing unnecessary and excessive pain or suffering or unjustifiable injury or death as defined in § 951.01(2), Wis. Stats., or as amended from time to time.
DANGEROUS DOG
As used in this chapter shall mean any of the following:
(1) 
Any dog which, without provocation, bites, attacks, or endangers or has inflicted severe injury on a human being on public or private property; or
(2) 
Severely injures or kills a domestic animal, which may include livestock, while off the owner's property.
(3) 
Any dog that engages in or is trained for animal fighting.
DOG
Any canine, regardless of age or sex.
FARM ANIMAL
Any warm-blooded animal normally raised on farms in the United States and used for food or fiber.
HABITUALLY BARKS, HOWLS OR YELPS
For a continuous period of 10 minutes.
HABITUALLY CRIES OR HOWLS
For a continuous period of 10 minutes.
LAW ENFORCEMENT AGENCY
A government unit of one or more persons employed full-time or part-time by the state or a political subdivision of the state for the purpose of preventing and detecting crime and enforcing state laws or local ordinances, employees of which unit are authorized to make arrests for crimes while acting within the scope of their authority.
LAW ENFORCEMENT OFFICER
Has that meaning as appears in § 967.02(5), Wis. Stats., includes humane officer under § 173.03, Wis. Stats., but does not include a conservation warden appointed under § 23.10, Wis. Stats.
MUZZLED
A device placed over the animal's mouth, which must be made in a manner that will not cause injury to the animal or interfere with its vision or respiration, but must prevent the animal from biting any person or other animal.
NEUTERED
As used herein describing an animal shall mean an animal having nonfunctional generative organs.
NUISANCE DOG
Shall mean any of the following:
(1) 
Any dog which the Law Enforcement Agency has investigated on more than one occasion, which, without provocation and off the property of its owner, chases, confronts or approaches a person or domestic animal in a menacing fashion such as would put the complainant in fear of attack.
(2) 
Any dog which is running at large within the City.
(3) 
Any dog which habitually barks, howls or yelps, or cries to the discomfort of the peace and quiet of the neighborhood in such a manner as to materially disturb or annoy a person.
OWNER
Any person owning, harboring or keeping an animal and the occupant of any premises on which an animal remains or to which it customarily returns daily for a period of 30 days is presumed to be harboring or keeping the animal within the meaning of this section.
PET
An animal kept and treated as a pet.
RESIDENTIAL LOT
A parcel zoned as residential, occupied or to be occupied by a dwelling, platted or unplatted, and under common ownership. For the purpose of this chapter, any vacant parcel or parcels adjoining a dwelling and under the same ownership shall constitute one lot.
RESTRAIN
Includes notifying the animal's owner or an officer and requesting either the owner or officer to capture and restrain the animal, or capturing and restraining the animal, and killing the animal if the circumstances require immediate action.
UNTAGGED
Not having a valid license tag attached to a collar kept on the dog whenever the dog is outdoors unless the dog is securely confined in a fenced area.
[Amended 8-23-2022 by Ord. No. 1070]
A. 
License required. The owner of a dog shall have the dog vaccinated against rabies by a veterinarian within 30 days after the dog reaches five months of age and re-vaccinated within one year after the initial vaccination. If the owner obtains the dog or brings the dog into the City of Neillsville after the dog has reached five months of age, the owner shall have the dog vaccinated against rabies within 30 days after the dog is obtained or brought into the City unless the dog has been vaccinated as evidenced by a current certificate of rabies vaccination from this state or another state. The owner of a dog shall have the dog re-vaccinated against rabies by a veterinarian before the date that the immunization expires as stated on the certificate of vaccination or, if no date is specified, within three years after the previous vaccination.
B. 
Vaccination tag to be attached. The owner of a dog shall attach the rabies vaccination tag or a substitute tag to a collar and a collar with the tag attached shall be kept on the dog at all times, but this requirement does not apply to a dog during competition or training, to a dog while hunting, to a dog securely confined indoors or to a dog securely confined in a fenced in area. The substitute tag shall be of a durable material and contain the same information as the rabies vaccination tag. The requirements of this paragraph do not apply to a dog which is not required to be vaccinated under Subsection A.
C. 
Penalty for failure to obtain rabies vaccination or attach tag. An owner who fails to have a dog vaccinated against rabies or attach the vaccination tag to the dog, as provided for herein, may be required to forfeit not less than $50 nor more than $100.
[Amended 6-16-2000 by Ord. No. 969; at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
A. 
Dog licenses.
(1) 
It shall be unlawful for any person in the City of Neillsville to own, harbor or keep any dog more than five months of age without complying with the provisions of §§ 174.05 through 174.10, Wis. Stats., relating to the listing, licensing and tagging of the same.
(2) 
The owner of any dog more than five months of age on January 1 of any year, or five months of age within the licensing year, shall annually, or on or before the date dog becomes five months of age, pay the dog license tax and obtain a license.
(3) 
The fee for the dog license shall be $3 for each spayed/neutered dog, upon presentation of evidence that the dog is spayed/neutered, and $8 for an unspayed/unneutered dog, or 1/2 these amounts if the dog became five months of age after July 1 of the license year. The Common Council may by resolution increase the amount of the license fee, but the additional fee shall not exceed the total cost of all dog licensing, regulating and impounding activities for the previous year, less any refunds which may be received pursuant to § 174.09(2), Wis. Stats.
(4) 
Upon payment of the required dog license tax and upon presentation of evidence that the dog is currently immunized against rabies, as required by § 169-2 of this chapter, the City Clerk-Treasurer shall complete and issue to the owner a license for such dog containing all information required by state law. A duplicate copy of the license shall be kept on file by the City Clerk-Treasurer. The Clerk-Treasurer shall also deliver to the owner, at the time of issuance of a license, a tag of durable material bearing the same serial number as the license, the name of the county in which issued and the license year.
(5) 
The owner shall securely attach the tag to a collar and the collar with the tag attached shall be kept on the dog for which the license is issued at all times.
(6) 
The fact that a dog is without a tag attached to the dog by means of a collar shall be presumptive evidence that the dog is unlicensed. Any City police officer shall seize, impound or restrain any dog for which a dog license is required which is found without such tag attached.
(7) 
Notwithstanding the foregoing, every dog specifically trained to lead blind or deaf persons is exempt from dog license tax and every person owning such a dog shall receive annually a free dog license from the Clerk-Treasurer upon application therefore.
B. 
Kennel licenses.
(1) 
Any person may, instead of paying the license fee for each dog required herein, apply for a kennel license for the keeping or operating of a kennel.
(2) 
The owner or keeper of a kennel shall keep at all times a kennel license tag attached to the collar of each dog over five months old kept by the owner or keeper under a kennel license but this requirement does not apply to a show dog during competition, to a dog securely confined indoors or to a dog securely confined in a fenced area. These tags may be transferred from one dog to another within the kennel whenever any dog is removed from the kennel. No dog bearing a kennel tag shall be permitted to stray or be taken anywhere outside the limits of the kennel unless the dog is in leash or temporarily for the purposes of hunting, breeding, trial, training or competition.
(3) 
Kennel licenses shall be obtained through the Clark County Treasurer pursuant to § 174.053, Wis. Stats.
The City Clerk-Treasurer shall assess and collect a late fee of $5 from every owner of a dog five months of age or over, 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 on or before the dog reached licensable age.
[Amended 6-13-2000 by Ord. No. 969; 1-28-2003 by Ord. No. 995; 4-2-2009 by Ord. No. 1027; 8-23-2022 by Ord. No. 1070]
A. 
Keeping of exotic or dangerous animals prohibited. It shall be unlawful to keep, harbor, own or in any way possess within the corporate limits of the City of Neillsville:
(1) 
Any warm-blooded, carnivorous or omnivorous, wild or exotic animal, including but not limited to non-human primates, raccoons, skunks, foxes and wild and exotic cats.
(2) 
Any animal having venomous/poisonous bites.
(3) 
Any animal that has previously been declared as a dangerous animal by another entity.
B. 
Keeping of registered pit bulls. The provisions of Subsection A are not applicable to owners, keepers of harborers of pit bull dogs previously registered with the City of Neillsville; however, the keeping, owning or harboring of such dogs is subject to the following conditions:
(1) 
Leash and muzzle. No person shall permit a registered pit bull dog to go outside its kennel or pen unless such dog is securely leashed with a leash no longer than three feet in length. No person shall permit a pit bull 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. Such dogs may not be leashed to inanimate objects such as trees, posts buildings, etc. In addition, all pit bull dogs on a leash outside the animal's kennel or pen must be muzzled by a muzzling device sufficient to prevent such dog from biting persons or other animals.
(2) 
Confinement. All registered pit bull 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 B(1). All pens or kennels shall comply with all zoning and building regulations of the City and shall be kept in a clean and sanitary condition.
(3) 
Confinement indoors. No pit bull dog may 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.
(4) 
Signs. All owners, keepers or harborers of registered pit bull dogs within the City shall, within 10 days of the effective date of this section, display in a prominent place on their premises a sign easily readable by the public using the words "Beware of Dog." In addition, a similar sign is required to be posted on the kennel or pen of such animal.
(5) 
Reporting requirements. All owners, keepers or harborers of registered pit bull dogs must, within 10 days of the incident, report the following information in writing to the Clerk-Treasurer:
(a) 
The removal from the City or death of a registered pit bull dog;
(b) 
The birth of offspring of a registered pit bull dog;
(c) 
The new address of a registered pit bull dog, should the dog be moved within the City of Neillsville.
(d) 
If the registered pit bull dog is sold, the name and address of the new owner.
(6) 
Animals born of registered pit bull dogs. All offspring born of pit bull dogs registered within the City must be removed from the City within six weeks after birth of said animal(s).
(7) 
Failure to comply.
(a) 
It shall be unlawful for the owner, keeper, or harborer of a pit bull dog registered with the City to fail to comply with the requirements and conditions set forth in this section.
(b) 
If the owner, keeper or harborer of a pit bull dog registered with the City violates any of the requirements and conditions set forth in this section, they shall, upon conviction for such violation, be required to remove the pit bull dog, which was involved in the violation from the City.
[Amended 6-13-2000 by Ord. No. 969; 6-11-2002 by Ord. No. 992; 1-28-2003 by Ord. No. 995; 3-11-2003 by Ord. No. 996; 10-27-2015 by Ord. No. 1052; 8-23-2022 by Ord. No. 1070]
A. 
Restrictions. It shall be unlawful for any person within the City of Neillsville to own, harbor or keep any animal which:
(1) 
Habitually pursues any vehicle upon any public street, alley or highway in the City.
(2) 
Assaults or attacks any person or damages any property.
(3) 
Is at large within the limits of the City.
(4) 
Habitually barks or howls to the annoyance of any person or persons, as defined in § 169-13.
(5) 
Kills, wounds or chases any domestic animal.
(6) 
Is known by such person to be infected with rabies or to have been bitten by an animal known to have been infected with rabies.
(7) 
Is a "dangerous dog" as defined in § 169-1B.
(8) 
Is a "nuisance dog" as defined in § 169-1B.
(9) 
In the case of a dog, is unlicensed.
B. 
Dangerous dogs. Any complaint filed alleging a dog is dangerous shall be investigated by the Neillsville Police Department and a written report shall be issued to the Common Council stating the findings and recommendation of the Police Department. The Common Council for the City of Neillsville shall review the Police Department's report at their next regularly scheduled meeting on which the issue can be properly put on agenda, for a determination of what should occur with the dog.
C. 
Animals running at large. No person having in his/her possession or ownership any animal or fowl shall allow the same to run at large within the City. The owner of any animal, whether licensed or unlicensed, shall keep his/her animal tied or enclosed in a proper enclosure so as not to allow said animal to interfere with the passing public or neighbors. Any animal running at large unlicensed and required by state law or City ordinance to be licensed shall be seized and impounded by a humane or law enforcement officer or animal warden.
D. 
Owners liability for damage; penalties. The provisions of § 174.02, Wis. Stats., relating to the owner's liability for damage caused by dogs, together with the penalties therein set forth, are hereby adopted and incorporated herein by reference.
E. 
Limitation on number of dogs.
(1) 
No person or family shall own, harbor or keep in its possession more than a total of three dogs in any residential unit, except that a litter of pups or kittens or a portion of a litter may be kept for not more than 10 weeks from birth.
(2) 
The above requirement may be waived with the approval of the Common Council when a kennel license has been issued by the Clark County Treasurer pursuant to § 282-3B. Such application for waiver shall first be made to the City Clerk-Treasurer.
[Amended 6-13-2000 by Ord. No. 969; 8-23-2022 by Ord. No. 1070]
A. 
Impounding of animals. In addition to any of the penalties provided for in this chapter, any police officer may impound any animal which habitually pursues any vehicle upon any street, alley or highway of this City, assaults or attacks any person, is at large within the City, habitually barks, cries or howls, kills, wounds or worries any domestic animal or is infected with rabies.
B. 
Owner may redeem. After seizure of animals under this section by law enforcement or the animal control officer, the animal shall be impounded. The officer shall notify the owner, personally or through the U.S. Mail, if such owner be known to the officer or can be ascertained with reasonable effort, but if such owner be unknown or unascertainable, the officer shall post written notice in three public places in the City, giving a description of the animal, stating where it is impounded and the conditions for its release, after the officer or warden has taken such animal into possession. Possession of animals impounded under this section may be obtained by the owner paying, upon the first impoundment, the fee charged by the animal shelter. Upon any second or subsequent impoundment within 12 months, the owner can obtain their animal by paying a fee of $45 to the Neillsville Police Department in addition to the fee charged by the animal shelter. An animal impounded for a period of seven days after notification to the owner or posting of a written notice as stated herein, shall be forfeited by the owner and can be surrendered or destroyed by or under the direction of the animal shelter.
C. 
City not liable for impounding animals. The City shall not be liable for the injury or death of any animal which has been impounded or disposed of pursuant to this section.
[Amended 12-9-1997 by Ord. No. 952; 8-23-2022 by Ord. No. 1070]
No dog is permitted in any public playground, public park, or swimming area within the City unless such dog or cat is entered in a contest or obedience class approved by the Common Council or is on a leash or under control. Dogs are prohibited from being in cemeteries. Every dog specially trained to lead blind persons shall be exempt from this section.
[Amended 6-13-2000 by Ord. No. 969; 7-10-2001 by Ord. No. 982; 8-23-2022 by Ord. No. 1070]
Every owner or person harboring or keeping an animal who knows that such animal has bitten any person shall immediately report such fact to the Police Department of the City of Neillsville and shall keep such animal confined for not less than 10 days or for such period of time as the Police Department shall direct.
[Amended 6-13-2000 by Ord. No. 969]
A. 
Any police officer may shelter and care for any animal found to be cruelly exposed to the weather, starved, neglected or abandoned, and may deliver such animal to another person to be sheltered, cared for and given medical attention, if necessary. In all cases the owner, if known, shall be immediately notified and the person having possession of the animal shall have a lien thereon for his/her care, keeping, medical attention and expenses of notice. Whenever in the opinion of a police office, an animal is hopelessly injured or diseased so as to be beyond the probability of recovery, such police officer may kill such animal. Wisconsin Statutes §§ 173.10, Investigation of Cruelty Complaints, and 173.24, Reimbursement for Expenses of Investigation, are hereby adopted by reference and made a part of this chapter.
B. 
No person shall be cruel or inhumane to an animal, said cruelty or inhumanity consisting of cruelly beating, torturing, mutilating, cruelly killing or failing to provide food, drink and shelter, or abandoning an old, sick or disabled animal.
[Amended 6-13-2000 by Ord. No. 969]
It shall be unlawful for any person to cause or permit an animal to be on property, public or private, not owned or possessed by such person, unless such person has in his/her immediate possession an appropriate device for scooping excrement and an appropriate depository for the transmission of excrement to a receptacle located upon property owned or possessed by such person. This section shall not apply to a person who is visually or physically handicapped.
[Amended 6-13-2000 by Ord. No. 969; 8-23-2022 by Ord. No. 1070]
It shall be unlawful for any person owning or possessing an animal to permit such animal to go upon any parkway or private lands or premises without the permission of the owner of such premises and break, bruise, tear up, crush or damage the lawn, flower bed, plant, shrub, tree or garden in any manner whatsoever, or to defecate thereon.
[Amended 6-13-2000 by Ord. No. 969]
It shall be unlawful for any person knowingly to keep or harbor any dog which habitually barks, howls or yelps, or any cat which habitually cries or howls to the great discomfort of the peace and quiet of the neighborhood or in such manner as to materially disturb or annoy persons in the neighborhood who are of ordinary sensibilities. Such dogs and cats are hereby declared to be a public nuisance. The owner of a dog or cat is considered to be in violation of this section when two formal, written complaints are filed with City law enforcement officers within a four-week period.
[Amended 6-13-2000 by Ord. No. 969]
Any person violating one of the sections herein shall be subject to a forfeiture pursuant to the general penalties provided for under § 1-5 of this Code.