City of Mayville, WI: Definitions.

The terms used in this article are defined as follows:

The pit bull terrier breed of dog.

The Staffordshire bull terrier breed of dog.

The American pit bull terrier breed of dog.

The American Staffordshire terrier breed of dog.

Dogs of mixed breed or of other breeds than listed under Subsections A to D above whose breed or mixed breed is commonly known as pit bull, pit bull dog or pit bull terrier.

VICIOUS DOG

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 dog fighting.

Any pit bull dog.

§ 150-21 Requirements and prohibitions.

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 Police Chief.

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 City.[1] All structures shall be adequately lighted and ventilated and kept in a clean and sanitary condition.

[1]

Editor's Note: See Ch. 164, Building Construction, and Ch. 430, Zoning.

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 own 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.

Prohibited in multiple dwellings. No vicious dog may be kept within any portion of any multiple dwelling.

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.

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.

§ 150-22 Vicious dog determination.

The Police Chief shall investigate every dog complaint and make a determination as to whether or not such dog is vicious, as defined in § 150-20 above. In the event that the Police Chief makes a determination that a dog is vicious, he shall so inform the owner, keeper or harborer of such dog and provide such person with a copy of this article.

§ 150-23 Appeals.

Any person aggrieved by the determination of the Police Chief, as provided in § 150-22 above, may appeal such determination as provided in Chapter 6, Administrative Review, of this Code.

§ 150-24 Disposition of vicious dogs.

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.

§ 150-25 Violations and penalties.

Any person who violates any provision of this article shall, upon conviction, be subject to the payment of a forfeiture as provided in § 1-4 of this Code. A separate offense shall be deemed committed on each day on which a violation of this article occurs or continues.