[Adopted 8-5-1997 by Ord. No. 97-1461 as Sec. 13.11 of the 1997 Code]
As used in this article, the following terms shall have the meanings indicated:
- To be off the premises of the owner. A dog or cat shall not be considered at-large if:
- A. It is attached to a leash of sufficient strength to restrain such dog or cat and not more than 12 feet in length, provided that such leash is held by a person competent to control such dog or cat.
- B. It is properly restrained within a motor vehicle or trailer.
- C. It is upon property approved or licensed by the City for a use allowing such animals to be at-large under conditions as may be set forth under such license or approval, such as a dog park, a dog day-care establishment, a kennel, or the like; or it is upon private residential-use property premises with the consent of the owner or tenant of such premises.[Amended 4-7-2009 by Ord. No. 2009-1970]
- All the domesticated members of the feline family.
- All domesticated members of the canis family, male or female.
- Any person owning, harboring or keeping a dog, tiny horse or cat. The occupant of any premises on which a dog, tiny horse or cat remains or to which it customarily returns daily for a period of seven days is presumed to be harboring or keeping a dog, tiny horse or cat within the meaning of this definition.
- TINY HORSE
- Any horse weighing less than 200 pounds at maturity.
- A dog, tiny horse or cat which suddenly assaults or attacks a person while such person is walking or riding on any street, highway or alley or within any other public areas within the city. It shall also mean a dog, tiny horse or cat with a propensity to attack or bite persons, whether such persons are on public or private property when such propensity is known or ought reasonably to be known to the owner.
All dogs, tiny horses and cats shall be properly licensed. Every person residing in the City who owns a dog, tiny horse or cat which is five months of age on January 1, or five months of age within the license year, shall apply annually for a license. The license applicant for a dog or tiny horse must make application by the last day of March each year and pay an annual license fee as provided in Chapter 169, Licenses and Permits. The license applicant for a cat must make application by the last day of February each year and pay an annual license fee as provided in Chapter 169. Any late application fee for dogs, cats or tiny horses shall be assessed a late charge in addition to the license fee.
[Amended 10-5-2004 by Ord. No. 2004-1817; 11-18-2008 by Ord. No. 2008-1959]
Editor's Note: This ordinance also provided that it shall take effect 1-1-2009.
No license shall be issued for any dog or cat unless the applicant presents a current certificate of rabies vaccination as provided in § 95.21, Wis. Stats.
Ch. 174, Wis. Stats., pertaining to the licensing of dogs, is made a part of this article by reference.
No owner of any dog, tiny horse or cat shall permit or suffer such animal to be at-large. Any dog, tiny horse or cat found at-large shall be deemed to be so at the permission or at the sufferance of its owner.
No person except the owner of a dog, tiny horse or cat or his or her agent shall open any door or gate or any private premises or otherwise entice or enable any dog, tiny horse or cat to leave any private premises for the purpose or with the result of setting such dog, tiny horse or cat at-large.
No person shall knowingly keep, own or harbor any vicious dog or any dog which frequently or habitually barks, yelps or howls.
Whenever any dog has been found, when unprovoked, to inflict bodily harm on a person or domesticated animal on public property, the dog shall on the first occasion be deemed a "dangerous dog." The owner of a dangerous dog shall comply with the following requirements in order to keep the animal within the City of Franklin:
[Amended 3-20-2012 by Ord. No. 2012-2070]
All dangerous dogs shall be kept or harbored in a visibly fenced yard or securely leashed or chained to an immovable object when outside of the home.
All dangerous dogs shall be on a leash no longer than 10 feet and muzzled in a humane manner while at large.
If a dangerous dog is kept in an apartment or condominium, it must be leashed and muzzled when outside the dwelling unit and on common or shared grounds.
Whenever any dog has been found, when unprovoked, to inflict bodily harm on a person or domesticated animal on public property on or in two or more separate occasions or incidents, said dog shall be deemed a "vicious dog." The owner of a vicious dog shall comply with one of the following directives within 72 hours after service of a written by the City Health Officer or a police officer:
[Added 3-20-2012 by Ord. No. 2012-2070]
The vicious dog shall be removed from the City of Franklin; or
The vicious dog shall be euthanized by its owner. If the Franklin Police Department has issued a ten-day quarantine order for the vicious dog, the owner shall not euthanize the vicious dog until 10 days after the found last occasion or incident upon which the order was based; or
The vicious dog shall remain within the owner's premises. The premises shall plainly display at all points of entrance a warning as to the vicious nature of the dog. If the premises support a single or two-family home or condominium, the enclosure shall be a visible fence. If the premises support an apartment or condominium structure, all doors shall display a vicious dog warning and the dog shall not leave the apartment building or condominium unit except on a leash no longer than 10 feet and muzzled in humane manner while at large.
Editor's Note: This ordinance also provided for the redesignation of former Subsection C as Subsection D.
Whenever it shall be found, upon the complaint of any person residing within the city and upon investigation and verification by the Police Department, that any dog habitually barks, howls, yelps or in any other way disturbs the peace, such dog shall be removed from the city by the owner or keeper within 72 hours after service of written notice by the Police Department. In case of failure to do so, each day of such failure will constitute a separate offense.
[Amended 3-20-2012 by Ord. No. 2012-2070]
All pens, kennels or other structures wherein any dog or tiny horse is kept shall be of such construction so as to be easily cleaned and kept in good repair and shall be maintained in such a manner as not to cause or create a health hazard.
No person shall permit a dog or tiny horse to go upon any public area or upon private lands or premises without the permission of the owner of the lands or premises and break, bruise, tear up, crush or injure any lawn, plant, tree, shrub or garden or any other object upon such public or private lands and premises or to defecate thereon.
Any person governing and accompanying a dog or cat off the premises of its owner, including its owner, shall carry a waste deposit receptacle and a hand shovel or other reasonably similar device and shall utilize the same to immediately remove any feces deposited by such animal on any public or private premises and shall dispose of the same in any method allowable by law at the consenting owner's or such person's residence. Compliance with the requirements of this subsection shall not constitute a defense to or in any way absolve any person from any liability or penalty resulting from a violation of Subsection A above.
Every police officer, Sanitary Inspector or humane officer finding a dog or cat at-large shall seize such dog or cat and impound it in the place provided by the Wisconsin Humane Society.
The possession of any licensed dogs or cats so seized or impounded may be obtained by the owner upon payment of the daily boarding fee to the Wisconsin Humane Society for keeping such dog or cat for each day or fraction thereof during which the dog or cat has been impounded. The possession of an unlicensed dog or cat may be obtained by the owner after obtaining a license and paying the fee provided herein. If any dog or cat that has been impounded for seven days has not been reclaimed by its owner, such dog or cat may be disposed of by the Wisconsin Humane Society in the most humane manner.
No person residing within the City shall keep more than two dogs, cats or tiny horses on the premises occupied by him or her, with the exception of a litter, which may be kept for not more than six months from birth and with the exception hereinafter provided in Subsection B. Persons having more than the prescribed number of animals at the time this article became effective shall be permitted to keep them, but may not replace them when they are disposed of.
Authority to keep up to 10 dogs shall be by permit. The applicant for such permit must meet the following conditions:
The applicant is a resident of the city.
The dogs are to be housed on the applicant's premises containing 10 or more acres of land.
The dogs are to be properly housed and kept completely fenced in not less than 500 feet from the nearest dwelling, except the applicant's dwelling, and not less than 200 feet from lot lines.
All dogs shall be properly licensed. The applicant for permit must file by June 1 each year and pay an annual permit fee as specified in Chapter 169, Licenses and Permits. The permit shall be for one year; the date of issuance shall be January 1, with the date of expiration being December 31 following.
No dog shall bite, injure or cause injury to a person, livestock, other animal or property. The owner or keeper of such dog which bites, injures or causes such injury shall be responsible for the bite or injury regardless of whether the owner or keeper knew or should have known that the dog would bite or cause injury.