[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:
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.
It is properly restrained within a motor vehicle
or trailer.
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.
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.
A.
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.
[1]
Editor's Note: This ordinance also provided
that it shall take effect 1-1-2009.
B.
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.
A.
No person shall knowingly keep, own or harbor any
vicious dog or any dog which frequently or habitually barks, yelps
or howls.
B.
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]
(1)
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.
(2)
All dangerous dogs shall be on a leash no longer than 10 feet and
muzzled in a humane manner while at large.
(3)
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.
C.
Whenever any dog has been found, when unprovoked, to inflict bodily
harm on a person or domesticated animal on public or private property
on or in two or more separate occasions or incidents, or has a propensity
to bite or attack persons on public or private property, 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 order by the City Health Officer or a police
officer:
(1)
The vicious dog shall be removed from the City of Franklin; or
(2)
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
(3)
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.
[2]
Editor's Note: This ordinance also provided for the redesignation
of former Subsection C as Subsection D.
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.
A.
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.
B.
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.
A.
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.
B.
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.[1]
[Amended 12-15-1998 by Ord. No. 98-1526; 4-18-2023 by Ord. No. 2023-2550]
A.
No person residing within the City shall keep more than three 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.
B.
Authority to keep up to 10 dogs shall be by permit.
The applicant for such permit must meet the following conditions:
(1)
The applicant is a resident of the city.
(2)
The dogs are to be housed on the applicant's premises
containing 10 or more acres of land.
(3)
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.
(4)
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.
A.
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.
