§ 10-5. Dangerous animals regulated.

(a)

Statement of purpose. It is hereby declared that this regulation of dangerous animals is a matter of public interest pertaining to the health, safety and welfare of residents of and visitors to the Village of Kewaskum, and that existing laws are inadequate to deal with the threat to public health and safety posed by dangerous animals. It is further declared that the owning, keeping or harboring of dangerous animals is a public nuisance.

(b)

Definitions. For the purposes of this section the following definitions shall apply:

(1)

Animal means mammals, reptiles and birds.

(2)

At large means that the dog /cat/animal is off premises of the owner or keeper and not accompanied and under the control of a person of suitable age and able to control the dog/animal.

(3)

Dangerous dog as used in this ordinance means any dog which:

a.

Because of its aggressive nature, training or characteristic behavior, is capable of inflicting serious physical harm or death to humans, and which would constitute a danger to human life or property if it were not kept in the manner required by this ordinance;

b.

When provoked, chases or approaches a person in a menacing fashion or apparent attitude of attack on public or private property;

c.

Has caused less than serious injuries to humans, livestock or domestic animals after the owner was notified or should have known the dog previously injured or caused injury to a person, livestock or domestic animal;

d.

Has been found to be dangerous by the Municipal Court of the Village of Kewaskum in a trial or hearing upon a charge of harboring a dangerous animal.

(4)

Department shall mean the police department.

(5)

Impoundment shall mean the confinement of an animal in a department-approved, supervised facility such as a veterinarian's kennel, commercially operated kennel, or the Washington County Humane Society.

(6)

Owner shall mean the owner, keeper, custodian or person having charge, harboring or having the care, custody, whether temporarily or permanent, of an animal.

(7)

Permit shall include the otherwise unregulated right to keep an animal currently not covered by a requirement for a village license or permit.

(8)

Premises of the owner shall be defined as the residence of said owner, including the attached property surrounding said residence that is leased or owned by said owner, but not including any common area, park or recreational property jointly owned or leased by the members of a homeowners' or tenants' association.

(9)

Serious injury is defined as broken bones or wounds that require sutures.

(10)

Subcommittee shall mean a subcommittee of the protection and public safety committee consisting of three members appointed by the village president and ratified by the village board.

(11)

Vicious dog as used in this ordinance means any dog:

a.

With a propensity, tendency, or disposition to attack or cause serious injury to human beings or domestic animals;

b.

Which without provocation, attacks or bites, or has attacked or bitten a human being or domestic animal causing serious injury;

c.

Owned or harbored primarily or in part for the porous of dog fighting or any dog trained for dog fighting;

d.

Which has been found to be vicious by the Municipal Court of the Village of Kewaskum in a trial or hearing upon a charge of harboring a vicious animal.

State Law reference— Similar provisions, §§ 174.05—174.10, Wis. Stats.

(c)

Impoundment—Biting or attacking animal.

(1)

The department shall have the power to summarily and immediately impound an animal whenever the department has reasonable grounds pursuant to subsection (d) to believe that the animal is a dangerous animal, pending the results of an investigation by the department. Any law enforcement officer or duly authorized department employee may enter and inspect private property to enforce the provision of this section. The owner of the animal shall be liable to the village for the costs and expenses of impounding and keeping said animal, unless the department fails to declare the animal dangerous or the department determination is ultimately overturned by the protection and public safety committee or the Municipal Court.

(2)

An animal, impounded pursuant to this section, may be returned to the owner upon payment of all outstanding village fees and charges, including costs and expenses of impounding the animal, when the investigation is completed.

(3)

In lieu of impoundment, if the animal is currently immunized against rabies, or if the animal species is at low risk for transmitting this or other diseases, the department may permit the animal to be confined at the owner's residence provided that the owner complies with conditions set forth by the department. (Refer to section 10-62 of the Municipal Code.)

(4)

The owner or custodian of an animal confined under subsection (3) above shall immediately notify the department if said animal is loose, unconfined, has attacked or bitten or injured another animal or has attacked, bitten or injured a human being or has died. The animal shall not be sold or given away during the impoundment period.

(d)

Determination. The department shall investigate situations in which there are reasonable grounds to believe an animal is dangerous. Reasonable grounds to believe an animal is dangerous are that the animal:

(1)

Has attacked, bitten or injured another animal or human being engaged in a lawful activity; or

(2)

Has without provocation and off the property of its owner, chased, confronted or approached a person in a menacing fashion such as would put an average person in fear of attack; or

(3)

Has been trained for fighting or attack and is being handled, kept or maintained in a manner that causes or should cause an owner to know that it potentially poses a threat to public health and safety; or

(4)

Has acted in any manner that causes or should cause an owner to know that the animal is a threat to public health and safety.

(e)

Dangerous animal, declared. The department, after considering appropriate evidence, may declare any animal to be a dangerous animal (refer to subsection (d) above). The department shall make a reasonable attempt to personally notify the owner of the pendency of the department's investigation and shall notify the owner in writing of its determination. Mailing a copy of the determination to the owner's last known address and posting in accordance with approved department policy shall satisfy this notice requirement.

(f)

Dangerous animal, disposition.

(1)

It shall be unlawful for any person to own, possess, harbor or keep any animal declared by the department to be dangerous, except as allowed in subsection (2) below.

(2)

Any animal declared by the department to be a dangerous animal shall be humanely destroyed, removed from the village or placed under restrictions as set forth in department policies. The police chief or his designee shall issue an order authorizing the destruction, removal or restriction of the animal within two days after the time for appeal as provided in subsection (h) below has passed without notice of appeal being filed.

(3)

Any animal declared by the department to be dangerous, if not already impounded by the department, shall be immediately surrendered to the department upon the order of the police chief or his designee, and it is the duty of the department to contact the Washington County Humane Society to take up and impound any such animal.

(g)

Subsequent determination and penalty.

(1)

The department may make a new determination if an owner fails to comply with the terms, conditions or restrictions imposed in subsection (f)(2) above.

(2)

The failure of any person to comply with any term, condition or restriction imposed by the department is a violation of this section.

(h)

Subcommittee review of determination. The owner or any person aggrieved by a department determination declaring any animal to be a dangerous animal may appeal such determination to the protection and public safety committee by filing a notice of appeal stating the grounds therefor with the chief of police within seven days of the date of mailing of the department determination under subsection (e) above. The protection and public safety committee shall schedule a hearing on whether to affirm, conditionally affirm or reject the department determination within 32 days, but not sooner than five days, and shall make reasonable efforts to notify the owner, bite or attack victims and their representatives, if any, departmental witnesses and other interested parties of such hearing and the opportunity to present evidence and testimony to the subcommittee. The subcommittee shall, within a reasonable period of time after the hearing, issue its decision in writing and serve a copy of the same by first class mail upon the owner and all parties requesting the same.

(i)

Appeals to municipal court. Any person aggrieved by a determination of the protection and public safety committee under subsection (h) above may appeal such action on a dangerous animal determination to municipal court by writ of certiorari within 20 days of notification of such final action by mailing of the decision under subsection (h).

(j)

Prosecution. It is the intent of this section that any investigation or determination under this section shall not prohibit the village from prosecuting the same owner for other animal control violations relating to the same animal or other animal.

(k)

Forfeiture.

(1)

Any person violating any of the provisions of this section shall be subject to a forfeiture of not less than $50.00 nor more than $500.00. Each and every day such violation continues shall be considered a separate offense.

(2)

The failure or neglect of any person to comply with any lawful order of the department issued pursuant to this section is a violation of this section.

(l)

Severability. In the event that any subsection of this section shall be declared or adjudged by a court or competent jurisdiction to be invalid or unconstitutional, such adjudication shall in no manner affect the other subsections of this section, which shall be in full force and effect as if the said subsection(s) were not originally a part thereof.

(Ord. No. 99-3, 3-15-99; Ord. No. 2003-11, 5-19-03)