[Adopted 10-5-1976 by Ord. No. 1-76 as
Secs. 12.04 and 12.15 of the 1976 Code]
Every person residing in the village who owns
a dog which is more than five months of age on January 1 of any year
shall annually, at the time and in the manner prescribed by law for
the payment of personal property taxes, obtain a license therefor.
Such owner shall pay to the Village Clerk-Treasurer a fee as set forth in Chapter
102, Fees and Penalties.
Upon payment to the Village Clerk-Treasurer
of the required fee, the Clerk-Treasurer shall issue to such person
a license to keep such dog for one year, and such person shall, upon
procuring the license, place upon the dog a collar with a tag furnished
to him or her by the Village Clerk-Treasurer or the County Clerk.
Chapter
174 of the Wisconsin statutes shall apply so far as applicable.
No owner or person in control or having custody
of a dog shall allow the same to run at large within the village unless
accompanied by and under control of the owner or keeper.
No person shall own, harbor or keep any dog
which:
A. Habitually pursues any vehicle upon any public street,
alley or highway.
D. Habitually barks or howls to the annoyance of any
two or more other persons.
E. Is required to be licensed, but is not.
No license shall be issued hereunder for any
dog unless the applicant exhibits a certificate of a qualified veterinarian
showing that the dog has been inoculated for rabies and distemper
within the two years prior to application.
[Added 8-16-1994 by Ord. No. 081694C; amended 5-19-2015 by Ord. No.
05192015]
A. Number of
dogs. No person, except a kennel licensee, shall own, harbor or keep
more than three dogs that are more than five months of age except
in a place or places where animals are impounded by the village. If
a total of more than three dogs are owned, harbored or kept in or
by any one household, the head of the household shall be deemed the
person so owning, harboring or keeping such dogs, notwithstanding
that the dog license or licenses may be issued to other members of
the household as owners of such animals.
B. Kennels.
(1) Any person having more than three dogs in his or her possession will be required to obtain a kennel license, defined as a business that provides habitation and shelter for up to 12 animals at any one time, and pay the respective annual fee, based on a scale dependent on the number of dogs allowed as set forth in Chapter
102, Fees and Penalties.
(2) A kennel license is only allowed in Zoning §
206-23, R-R Rural Residential District, Subsection
C, Conditional uses.
(3) Operation of kennel is subject to recommendation of the Village Planning
Commission and subsequent approval of the Village Board. The County
Health Department may inspect and approve the premises prior to the
initial occupancy. Operation of a kennel shall be in compliance with
Wisconsin State Statutes and county regulations, with required permitting
approved prior to municipal approval.
(4) The method of collection, treatment, and disposal of animal excrement
shall be in accordance with all applicable DNR regulations.
(5) The outside area of the kennel shall be adequately fenced to assure
no dog escapes to run at large; a suitable privacy barrier shall be
put in place to visually block the outside area of the play area of
the kennel from passing vehicle or pedestrian traffic on any abutting
street, sidewalk, and neighboring residential property to minimize
noise, barking, and any other exceedingly annoying circumstances that
could occur.
(6) Aside from the annual kennel license fee, each dog shall also be
individually licensed in accordance with Wisconsin State Statutes.
Any person who shall violate any provision of this article or who shall fail to obtain a license or permit as required hereunder shall, unless otherwise indicated, be subject to a penalty as provided in Chapter
1, General Provisions, §
1-18.
[Adopted 5-9-1995 by Ord. No. 050995A]
As used in this article, the following terms
shall have the meanings indicated:
PIT BULL DOG
A.
The pit bull terrier breed of dog.
B.
The Staffordshire bull terrier breed of dog.
C.
The American pit bull terrier breed of dog.
D.
The American Staffordshire-terrier breed of
dog.
E.
Dogs of mixed breed or of other breeds than listed under Subsections
A through
D above whose breed or mixed breed is commonly known as pit bull, pit bull dog or pit bull terrier.
VICIOUS DOG
A.
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.
B.
Any dog which attacks a human being or another
domestic animal without provocation.
C.
Any dog owned or harbored primarily or in part
for the purpose of dogfighting, or any dog trained for dogfighting.
[Added 4-3-2019 by Ord. No. 04032019A]
No license shall be issued for any dog defined as or determined
to be vicious unless and until all of the following additional conditions
have been met:
A. Insurance. The responsible owner, keeper or harborer of any vicious
dog shall, within 30 days of submitting a license application, provide
proof of insurance to the Village Clerk/Treasurer 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 a vicious dog. 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 Department.
B. The responsible owner, keeper or harborer of any vicious dog shall
be provided a copy of this section and will provide the Village Clerk/Treasurer
with a signed copy acknowledging that the owner, keeper or harborer
of any vicious dog has read, understood and will comply with any and
all restrictions for the continued ownership of such dog.
C. Signs. All responsible owners, keepers or harborers of vicious dogs
shall 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 any kennel or pen of the dog.
[Amended 4-3-2019 by Ord. No.
04032019A]
No person owning, harboring or having the care of a vicious
dog may allow 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 controlled at all
times by the responsible owner, keeper or harborer of such dog, in
a manner to prevent the dog from biting persons or other animals.
A muzzle or muzzling device may be appropriate and is required when
the responsible owner, keeper or harborer is unable to control such
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 Department.
[Amended 4-3-2019 by Ord. No.
04032019A]
All vicious dogs shall be securely confined indoors or in a securely enclosed and locked outdoor pen or kennel, except when leashed and/or muzzled as provided in §
75-12. 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 Village and are subject to inspection and validation by the Village. All structures shall be adequately lighted and ventilated and kept in a clean and sanitary condition.
[Amended 4-3-2019 by Ord. No.
04032019A]
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 volition. Owners, keepers and harborers of a vicious dog are
responsible for ensuring that open windows and screen doors are adequately
monitored to prevent the dog from exiting the building.
[Amended 4-3-2019 by Ord. No.
04032019A]
No vicious dog may be kept within any portion of any multifamily
dwelling.
[Amended 4-3-2019 by Ord.
No. 04032019A]
The Police Department shall investigate every dog complaint and make a determination as to whether or not such dog is "vicious," as defined in §
75-11. In the event that an officer of the Police Department makes a determination that a dog is vicious, he or she shall so inform the owner, keeper or harborer of such dog and provide such person with a copy of this section.
Any person aggrieved by the determination of the Police Department, as provided in §
75-18, may appeal such determination directly to the Village Board.
Within 10 days of the determination that a dog is vicious, as provided in §
75-18, or 10 days after an unsuccessful appeal under §
75-19, the owner of a vicious dog shall either comply with all provisions of this article or dispose of such dog.
[Amended 4-3-2019 by Ord.
No. 04032019A]
Any vicious dog which attacks a human being or domestic animal
may be ordered relocated and/or 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.
Any person who violates any provision of this article shall, upon conviction, be subject to the payment of a forfeiture, as provided in Chapter
1, General Provisions, §
1-18. A separate offense shall be deemed committed on each day on which a violation of this section occurs or continues.