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Chapter 10 - ANIMALS
Sec. 10-1. - State regulations.
Sec. 10-2. - Noisy animals or fowl.
Sec. 10-3. - Animals and poultry, keeping of.
Sec. 10-4. - Control of dogs and cats.
Sec. 10-5. - Dogs and cats, licensing and regulation of.
Sec. 10-7. - Keeping of wild and exotic animals regulated.
Sec. 10-1. - State regulations.
Wis. Stats. ch. 174 and § 951.16 shall apply in the city so far as applicable.
(Code 1972, § 12.05(3))
Sec. 10-2. - Noisy animals or fowl.
The keeping or harboring of any animal or fowl which by frequent or habitual howling, yelping, barking, crowing or making of other noises shall greatly annoy or disturb a neighborhood or any considerable number of persons within the city is declared a nuisance.
(Code 1972, § 10.05(10))
Sec. 10-3. - Animals and poultry, keeping of.
No person having in his possession or under his control any animal or fowl shall allow the animal or fowl to run at large within the city. No person shall keep within the city any animals or fowl, except domesticated pets, without a permit issued by the city. In issuing a permit for other animals such as horses, cows, pigs, pigeons and the like, the city shall consider the number of such animals expected to be kept, the location, and the likelihood of a public or private nuisance being created.
(Code 1972, § 9.08)
Sec. 10-4. - Control of dogs and cats.
(a)
At large. No person shall permit any dog or cat to be at large in the city at any time. A dog or cat is at large when the animal is on any public street, alley, park or other public grounds, or when otherwise off the premises of the owner or person who has custody of such dog or cat, and not constrained by a leash or otherwise under the immediate control of the owner or the person who has custody of such dog or cat.
(b)
Prohibition against animals in public grounds and facilities. No owner or person having control of any dog, cat or other animal shall permit such dog, cat or other animal to enter into or be upon any public park, school grounds, public building or other public grounds, even if such animal is leashed and within the immediate control of the owner or custodian of the animal.
(c)
Removal of animal feces. No owner or person having custody of any dog, cat or other animal shall permit such dog, cat or other animal to defecate on any school ground, public street, alley, sidewalk, tree bank, park or any other public grounds or private property within the city, other than the premises of the owner or person having custody of such dog, cat or other animal, unless such feces is immediately removed by the owner or other person having custody of such animal.
(d)
Exhibition and amusement. Notwithstanding any restrictions or prohibitions contained in this section, animals of any kind and in any number may be kept for exhibition or amusement purposes, temporarily, by a carnival or circus offering exhibitions within the city limits; however, all animal defecation shall be cleaned up and removed by the owners and/or operators of such circus or carnival.
(e)
Exceptions. The provisions of this section shall not be applicable to any guide dog owned or controlled by any visually handicapped person or law enforcement dogs.
(Code 1972, § 9.19)
Sec. 10-5. - Dogs and cats, licensing and regulation of.
(a)
Required. Every person residing in the city who owns a dog or cat which is more than six 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 for such dog or cat, upon payment of a fee set by the council pursuant to subsection (b) of this section for each neutered male or spayed female and a fee set by the council pursuant to subsection (b) of this section for each unneutered male or unspayed female.
(b)
Fees. Such owners shall pay the city treasurer a fee as stated in subsection (a) of this section.
(c)
Issuance of license. Upon payment to the city treasurer of the required fee, the treasurer shall issue to such person a license to keep such dog or cat for one year; and such person shall, upon procuring the license, place upon the dog or cat a collar with a tag furnished to him by the city treasurer or the county clerk.
(d)
Harboring certain dogs or cats prohibited. No person shall own, harbor or keep any dog or cat which:
(1)
Habitually pursues any vehicle upon any public street, alley or highway.
(2)
Assaults or attacks any person.
(3)
Is vicious. A showing that a dog or cat has bitten, attacked or injured any person shall constitute prima facie showing that such dog or cat is vicious.
(4)
Habitually barks, howls or cries to the annoyance of any two or more other persons.
(e)
Dog and cat pound.
(1)
Confinement of dogs and cats. The police department or any other officer appointed by the council shall apprehend any dog or cat running at large within the city or which does any of the things prohibited under subsection (d) of this section and confine the animal in a suitable dog and cat pound.
(2)
Enforcement. The council shall from time to time appoint a qualified officer to apprehend and confine dogs and cats in a pound as provided in this subsection; and such officer shall apprehend and confine dogs and cats as provided in this section and may enforce this section, including the right to commence actions for the collection of any forfeiture imposed by this chapter. Such action shall be brought in the name of the city. Such officer shall be paid such compensation as the council shall determine by resolution.
(3)
Disposition of unclaimed dogs or cats. The keeper of the pound shall keep all dogs and cats apprehended as provided in this section for a period of seven days at the dog and cat pound unless sooner claimed by the owner or keeper; and if any dog or cat is not reclaimed by the rightful owner within such time, the dog or cat may be sold for the amount incurred in apprehending, keeping and care for the dog or cat or it may be destroyed in a proper and humane manner.
(4)
Owner or keeper to post bail. The owner or keeper of any dog or cat confined shall, in addition to any costs required to be paid under subsection (e)(3) of this section, be required to post bail in the amounts set by the council prior to reclaiming such dog or cat.
(Code 1972, §§ 12.01(7), 12.05(1)—(3), (6)—(8); Ord. No. 507, 9-13-2011)
(a)
Definitions. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning.
Vicious dog means:
(1)
Any dog with a propensity, tendency or disposition to attack, assault, 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.
(2)
Any dog which attacks a human being or another domestic animal without provocation.
(3)
Any dog owned or harbored primarily or in part for the purpose of dogfighting, or any dog trained for dogfighting.
(b)
Penalties. Any person who violates any provision of this chapter shall, upon conviction, be subject to the payment of a forfeiture, as provided in the Code of Ordinances of the City of Eagle River. A separate offense shall be deemed committed on each day on which a violation of this section occurs or continues.
(c)
Prohibited generally.
(1)
Except as provided in this section, no person shall harbor or keep a vicious dog within the city. A dog is deemed to be vicious when it has attacked or bitten any person or when a propensity to attack or bite persons exists and is known or reasonably should be known to the owner. Any vicious dog which is found off the premises or on the premises of its owner may be seized by any police officer upon the establishment of the vicious character of the dog. If a dog is determined to be vicious by either a police officer or a representative of the Vilas County Animal Shelter, said dog may be seized by the officer or the employee of the Vilas County Animal Shelter and held at the Vilas County Animal Shelter until such time as a determination can be made that the dog is vicious and what course of action should be pursued by the City of Eagle River. Any expenses related to the seizure of the dog and the dog being held at the Vilas County Animal Shelter shall be the responsibility of the owner.
(2)
Notwithstanding subsection (1) of this section, a police officer or humane officer may kill or tranquilize a vicious dog if they determine that it is necessary to take such action to prevent real and immediate personal injury to any person, including themselves or, if the vicious dog is in the process of attacking another animal.
(d)
Requirements and prohibitions.
(1)
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 or 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.
(2)
Confinement generally. All vicious dogs shall be securely confined indoors or in a securely enclosed and locked pen or kennel, except when leashed or muzzled as provided in subsection (d)(1) 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 town. All structures shall be adequately lighted and ventilated and kept in a clean and sanitary condition.
(3)
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 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 existing the structure.
(4)
Prohibited in multiple dwellings. No vicious dog may be kept within any portion of any multiple dwelling.
(5)
Signs. All owners, keepers or harborers of vicious dogs shall display in a prominent place on their premises a sign easily readable by the public, with letters not less than two inches in height, stating: "Danger — Vicious Dog." A similar sign is required to be posted on the kennel or pen of the dog.
(6)
Insurance. All owners, keepers or harborers of vicious dogs or hybrid dogs shall provide proof to the constable of public liability insurance in a single incident amount of $50,000.00 for bodily injury to or death of any person or for damage to property owned by any person which may result from the ownership, keeping or maintenance of vicious dogs or hybrid 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.
(e)
Determination of status; appeal.
(1)
The police department shall investigate every dog complaint and make a determination as to whether or not such dog is vicious as defined in subsection (a). If the police department 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 section.
(2)
Any person aggrieved by the determination of the police department, provided in subsection (e)(1) above, may appeal such determination, to the Circuit Court of Vilas County.
(f)
Compliance with division provisions. Within ten days of the determination that a dog is vicious, as provided in subsection (e)(1), or ten days after an unsuccessful appeal under subsection (e)(2), the owner of a vicious dog shall either comply with all provisions of the section or dispose of such dog.
(g)
Disposition. Any vicious dog which attacks a human being or domestic animal may be ordered destroyed by a law enforcement 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.
(Ord. No. 445, §§ 1—7, 6-12-2007)
Sec. 10-7. - Keeping of wild and exotic animals regulated.
No person shall keep, maintain or have in such person's possession or under such person's control any poisonous reptile, dangerous or wild animal or insect, including, but not limited to, poisonous insects and arachnids, all venomous snakes, constrictor snakes, any snake exceeding four feet in length, monitor lizards, non-human primates, bears, crocodiles, alligators, coyotes, elephants, gamecocks and other fighting birds, bats, hippopotami, hyenas, jaguars, leopards, lions, lynx, pumas, cougars, mountain lions, panthers, ocelots, tigers or other wild feline species, wolves, prairie dogs, and wild and domestic animal hybrids such as coyote/dog.
(1)
Exceptions. The prohibitions set forth above shall not apply to: residents of the city who possessed one or more of the prohibited species prior to the effective date of this section and who registered same with the office of the city clerk within 60 days of the effective date; licensed veterinary clinics; licensed animal rehabilitation homes, municipal zoos or those accredited by the Association of Zoos and Aquariums; public or private educational institutions; agricultural fairs; shows or projects of the 4-H Clubs; a display for judging purposes; circuses, traveling exhibits, fair exhibitions, petting zoos that are currently licensed under the Federal Animal Welfare Act and also licensed by the USDA provided that:
a.
Their location conforms to the zoning requirements of the Zoning Code of the Municipal Code of Eagle River.
b.
All animals and animal quarters are kept in a clean and sanitary condition and so maintained as to eliminate objectionable odors.
c.
Animals are maintained in quarters so constructed as to prevent their escape.
(2)
Any resident who shall claim exemption under subsection (1) above shall furnish satisfactory evidence in the form of a bill of sale, veterinary records, or other proof satisfactory to the clerk, which demonstrates ownership of the otherwise prohibited species prior to the effective date of this section. All such animals shall be photographed and micro chipped for identification.
(3)
Any person found to be harboring an animal in violation of this section shall relinquish possession of the wild and exotic animal to the Vilas County Animal Shelter. If surrender of the animal described herein does not occur, the animal may be seized by the Vilas County Animal Shelter and held there at the owner's expense until such time as the animal may be disposed of.
(Ord. No. 446, § 1, 6-12-2007)
