Chapter 6

ANIMALS

[HISTORY: Adopted by the Common Council of the City of Gillett as §§ 7.13 and 9.02(6) of the former Municipal Code. Amendments noted where applicable.]

GENERAL REFERENCES

Nuisances — See Ch. 15.

Peace and good order — See Ch. 16.

§ 6-1.  Definitions.

For purposes of this chapter, certain words and terms are defined as follows:

ANIMAL SHELTER — Any premises designated by the Common Council for the purpose of impounding and caring for all animals found running at large in violation of this chapter.

AT LARGE — Any dog shall be deemed to be at large when it is off the property of its owner and not under the control of a competent person.

DANGEROUS ANIMAL — An animal, wild or domestic, which bites any human being or other domestic animal or which demonstrates menacing and dangerous behavior toward a human being and/or property or other domestic animals. However, an animal shall not be deemed dangerous if it bites, attacks or menaces a trespasser on the property of its owners or harms or menaces anyone who has tormented or abused it.

DANGEROUS DOG

A.     Any dog which attacks without provocation or otherwise endangers the safety of human beings or domestic animals.

B.     Any dog owned or harbored primarily or in part for the purpose of dog fighting or any dog trained for dog fighting. However, no dog shall be deemed dangerous if it bites, attacks or menaces a trespasser on the property of its owner or harms or menaces anyone who has tormented or abused it.

EXPOSED TO RABIES — An animal has been exposed to rabies within the meaning of this chapter if it has been bitten by, or come in contact with, any animal known to have been infected with rabies.

OWNER — Any person or group of persons owning, keeping or harboring a dog.

RESTRAINT — A dog is under restraint within the meaning of this chapter if it is controlled by a leash, at "heel" beside a competent person and obedient to that person's commands, on or within a vehicle being driven or parked on the streets, or within the property limits of its owner or keeper.

SPAYED FEMALE DOG — Any female dog which has been operated upon to prevent conception.

§ 6-2.  Enforcement.

The provisions of this chapter shall be enforced by police officers.

§ 6-3.  Licensing of dogs. [1]

A.     License required. It shall be unlawful for any person in the City to own, harbor or keep any dog more than five months of age without complying with the provisions of § 174.05(1), (2) and (3), Wis. Stats. There is hereby imposed a City dog license tax payable to the Clerk/Treasurer as set by Common Council. [Amended 10-7-2004 by Ord. No. 2004-17]

B.     Lost license tag. In the event that a metallic license tag issued for a dog shall be lost, the owner may obtain a duplicate tag from the Clerk/Treasurer upon the payment of an amount set by Common Council.

C.     Change of ownership. If there is a change in ownership of a licensed dog during the license year, the new owner may have the current license transferred to his name upon the payment of a transfer fee as set by Common Council to the Clerk/Treasurer.

D.     Transfer prohibited. No person shall use for any animal a license receipt or license tag issued for another animal.

E.      Late fees. The Clerk/Treasurer shall assess and collect a late fee as set by Wisconsin Statutes[2] from every owner of a dog five months of age or older if the owner failed to obtain a license prior to April 1 of each year or within 30 days of acquiring ownership of a licensable dog or if the owner failed to obtain a license before the dog reached licensable age.

§ 6-4.  Rabies vaccination required.

It shall be unlawful for any person to keep a dog in the City which is over five months of age and has not received a rabies vaccination as required by § 95.21(2), Wis. Stats. No dog license shall be issued until a certificate of rabies vaccination issued by a veterinarian has been presented. A rabies vaccination tag shall be attached to the collar of all licensed dogs at all times except as provided in § 95.21(2)(f), Wis. Stats.

§ 6-5.  Dogs running at large and untagged dogs.

A.     Dog running at large. A dog is considered to be running at large if it is off the premises of its owner and not under the restraint of the owner of some other person as defined under "restraint" in § 6-1.

B.     Untagged dog. A dog is considered to be untagged if a valid license tag is not attached to a collar which is kept on the dog whenever the dog is outdoors unless the dog is securely confined in a fenced area.

C.     Dog subject to impoundment. Any police officer shall attempt to capture and restrain any dog running at large and any untagged dog.

D.     Penalties. If the owner of a dog, negligently or otherwise, permits the dog to run at large or be untagged, the owner shall forfeit an amount as provided in Chapter 1, Article II of this Code. If the dog is unlicensed, the above penalties shall be doubled.

§ 6-6.  Controlling and cleaning up after dogs and cats

A.     No person shall exercise or walk a dog or cat on a leash more than six feet in length, except that no leash is required where the dog or cat has training that the person who is conducting the exercise shall be able to cause the dog or cat, upon command, to heel. Evidence that such training is not present includes, but is not limited to, the dog touching other dogs, cats, animals or human beings after the order to heel, or an equivalent command, has been or should have been given.

B.     The owner or person having immediate care, custody or control of any animal shall promptly remove and dispose of, in a sanitary manner, any excreta left or deposited by the animal upon any property other than the owner's.

C.     It is unlawful for any person to permit an animal to be on public property or private property not owned or possessed by such person unless such person has, in his or her immediate possession, an appropriate means of removing animal excreta.

§ 6-7.  Confinement of certain dogs.

A.     Unconfined dogs. No person owning or harboring or having the care or custody of a dangerous dog shall suffer or permit such dog to:

(1)    Go unconfined on the premises of such person. A dangerous dog is "unconfined," as the term is used herein, if such dog is not securely confined indoors or confined in a securely enclosed and locked pen or a dog run area upon the premises of said person.

(2)    Go beyond the premises of such person unless such dog is securely muzzled or restrained with a chain of sufficient strength to maintain control of such dog.

B.     Dog fighting. No person shall own or harbor any dog for the purpose of dog fighting or train, torment, badger, bait or use any dog for the purpose of causing or encouraging said dog to unprovoked attacks upon human beings or domestic animals.

C.     Conveying dangerous dogs. No person shall possess within intent to sell, offer for sale, breed or buy, or attempt to buy or give away within the City any dangerous dog.

§ 6-8.  Number of dogs and cats per household. [Amended 10-7-2004 by Ord. No. 2004-16]

No household shall have more than a total of three dogs and/or cats over five months of age.

§ 6-9.  Duty to report dog bite.

Every person, including the owner or person harboring or keeping a dog, who knows that a dog has bitten any person shall immediately report such fact to the Police Department.

§ 6-10.  Impounding and disposition of dogs.

A.     Impounding of dogs. Any police officer or other person restraining a dog running at large shall take such dog to the City Animal Shelter. The boarding fee for impounded dogs shall be set by Common Council.[3] The police shall attempt to identify and notify the owner.

B.     Release of dog to owner or representative. The caretaker of the Animal Shelter or police officer may release the dog to the owner or his representative if the owner or representative:

(1)    Presents evidence of ownership and gives his name and address;

(2)    Presents evidence that the dog is licensed and vaccinated against rabies; and

(3)    Pays the dog's boarding fee.

C.     Release of dog to person other than owner. If the owner of the dog is unknown or does not reclaim the dog within seven days, the caretaker of the Animal Shelter may release the dog to a person other than the owner if such person:

(1)    Gives his name and address; and

(2)    Signs a statement agreeing to license the dog and have the dog vaccinated against rabies.

D.     Disposition of dog or use for humane purposes. If the dog is not released to the owner or other person in seven days, the caretaker may dispose of the dog as provided in § 174.13, Wis. Stats., or dispose of the dog in a proper and humane manner.

§ 6-11.  Investigation.

For the purpose of discharging the duties imposed by this chapter and to enforce its provisions, any police officer is empowered to enter upon any premises upon which a dog is kept or harbored and to demand the exhibition by the owner of such dog or the license for such dog. It is further provided that a police officer may enter the premises where any animal is kept in a reportedly cruel or inhumane manner and demand to examine such animal and to take possession of such animal when, in his opinion, it requires removal from the premises.

§ 6-12.  Interference prohibited.

No person shall interfere with or hinder any police officer or caretaker in the performance of any duty of such agent or seek to release any animal in the custody of the caretaker of the Animal Shelter, except as herein provided.

§ 6-13.  Records required.

A.     It shall be the duty of the caretaker to keep, or cause to be kept, accurate and detailed records of the licensing, impoundment and disposition of all animals coming into his custody. Such records shall be open to public inspection.

B.     It shall be the duty of the Police Chief to keep, or cause to be kept, accurate and detailed records of all bite cases reported to him and his investigation of the same.

C.     It shall be the duty of the Animal Shelter caretaker or Police Department to keep, or cause to be kept, accurate and detailed records of all moneys coming into his or its possession, which records shall be open to inspection at reasonable times by such persons responsible for similar records of the City and shall be turned into the Clerk/Treasurer quarterly.

§ 6-14.  Keeping of animals and fowl.

A.     Sanitary requirements. All structures, pens, buildings, coops or yards wherein animals are kept shall be maintained in a clean and sanitary condition, free of rodents, vermin and objectionable odors.

B.     Animals excluded from food-handling establishments. No person shall take or permit to remain any animal, except for a service animal, upon any premises where food is sold, offered for sale or processed for consumption by the general public.

C.     Animals excluded from within the City limits. No pig, except for a Vietnamese pot-bellied pig, horse, mule, donkey, pony, cow, goat, sheep, poultry, wild animal, venomous snake, or animal raised for fur-bearing purposes shall be kept within the City.

D.     Limitation on rabbits, guinea pigs and pigeons. Not more than two each of rabbits or guinea pigs more than four months old nor more than 10 pigeons shall be kept on any premises within the City.

E.      Exception. Notwithstanding whatever may be provided in Subsections C and D above, persons shall be allowed to have animals on City park property during special events, such as the Oconto County Youth Fair, dog shows, circuses and similar-type events, for not longer than a four-day period.

§ 6-15.  Violations and penalties.

In addition to other penalties provided in this chapter, the following penalties are imposed:

A.     Failure to obtain rabies vaccination. A dog owner who fails to have a dog vaccinated against rabies, as provided in this chapter, shall, upon conviction, forfeit an amount as provided in Chapter 1, Article II of this Code.

B.     Refusal to comply with quarantine order. An owner of a dog or cat who refuses to comply with an order issued under this chapter to deliver the animal to a police officer, the City Animal Shelter or veterinarian or who does not comply with the conditions of an order that the animal be quarantined shall, upon conviction, forfeit an amount as provided in Chapter 1, Article II of this Code.

C.     Any person violating any other provision of this chapter shall be subject to a penalty as provided in Chapter 1, Article II of this Code.