Except as otherwise specifically provided in this Code, the current and future statutory provisions of Chapter 174, Wisconsin Statutes, describing and defining regulations with respect to dogs, exclusive of any provisions therein relating to penalties to be imposed, are adopted and by reference made a part of this article as if fully set forth herein. Any act required to be performed or prohibited by any current or future statute incorporated herein by reference is required or prohibited by this article. Any future additions, amendments, revisions or modifications of the current or future statutes incorporated herein are intended to be made part of this article in order to secure uniform statewide regulation of dogs.
[HISTORY: Adopted by the Town Board of the Town of Ottawa as indicated in article histories. Amendments noted where applicable.]
[Adopted as § 12.04 of the 1987 Code]
A.
When dog license required. Every owner, keeper or person having physical care or custody of a dog shall license the same as required in Chapter 174, Wisconsin Statutes, and all fees for licenses shall be established by resolution of the Town Board.
B.
Physical care or custody. "Care or custody" shall include to mean the owning, boarding, confinement and general maintenance of a dog on the premises.
C.
Quantity. The number of dogs kept on a single lot of record within the Town is controlled by the Zoning Code in Waukesha County. Any commercial kennel permit or hobby kennel permit issued under the Waukesha County Zoning Code shall be subject to a yearly administrative fee as set by resolution of the Town Board.
D.
Harboring stray dog. Any person harboring in any manner a stray dog for 10 days or more shall be considered its owner and shall be subject to the terms and regulations of this article.
E.
Exemptions. Every dog specially trained to lead blind or deaf persons is exempt from the dog license tax herein. The owner of such dog may apply for and receive each year a free license for said dog upon application therefor.
It shall be unlawful for the owner, keeper or person having physical possession of any dog or dogs to permit the same to run at large at any place within the Town unless accompanied by and under the control of the owner, keeper or person having physical custody of said dog or dogs. A dog will be considered running at large under this section if it is upon the property of another without consent of the owner or occupant of that property. The restriction set forth herein shall not be construed as to prevent any dog or dogs running at large upon the premises of the owner, person having physical custody, or keeper of said dog or dogs as long as the dog or dogs remain on said premises.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
The owner, keeper or person having physical possession of a dog or dogs shall remove and properly dispose of any dog excrement deposited by said animal. This section shall not apply to a person with a disability using a service animal, as defined by § 106.52(1)(fm), Wis. Stats.
It shall be unlawful to keep a vicious dog within the Town. A visual confirmation that a dog has bitten, attacked or injured any person shall constitute a prima facie showing that such a dog is vicious. Upon finding a dog to be vicious, the court shall order immediate destruction of the dog or removal from the Town after passage of any retention period required for rabies or other health reason.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
A.
It shall be the duty of the Animal Control Officer or any other officer duly appointed by the Town Board to apprehend any dog or dogs running at large within the Town, as defined in § 116-3 above, and confine the animal in the Waukesha County Animal Shelter.
B.
The owner, person who has physical custody, or keeper of any dog so confined as provided in Subsection A may reclaim such dog before the same is disposed of by payment of all costs and charges incurred by the Town in impounding and keeping said dog. Before said dog shall be released to the owner, person who has physical custody, or keeper, said dog shall be licensed as provided for herein and its owner, person who has physical custody, or keeper shall receive a receipt from the Town Clerk authorizing the animal shelter to release said dog.
A dog that barks or howls to such an extent that the noise disturbs any neighbor residing nearby by reason of excessive sound or unusual hours is hereby declared a nuisance.
Should a violation of this article be reported by a citizen, the Town shall not be required to pursue prosecution unless and until the complaining citizen shall present his/her complaint in writing on forms supplied by the Town and have same complaint notarized or witnessed by a Town official. Said citizen shall also agree in writing that, in the event said complaint is filed with the court for prosecution, he/she will cooperate fully with the Town Attorney in said prosecution including, if necessary, testifying in a court trial to support said complaint. Any failure by a complaining citizen to cooperate with the Town shall result in immediate dismissal of the complaint.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
Except where another penalty is prescribed, any person who shall violate any provisions of this article shall, upon conviction, be punished by a forfeiture not less than $10 nor more than $100, together with the costs of prosecution, for each offense, and in default of the payment of such penalty, shall be imprisoned for not more than 10 days. Each day in which the violation continues shall constitute a separate offense. The penalties imposed on the owner of a dog causing damage shall be as prescribed in § 174.02(2), Wis. Stats., which is adopted and incorporated in this section by reference. In addition to the penalty provided for in this section, the Town Treasurer may collect the delinquent license taxes pursuant to the procedure contained in § 74.11, Wis. Stats., for the collection of personal property taxes. Further, the court shall have the power to order abatement of any illegal activity under this article, including the power to order destruction of the offending animal.