[HISTORY: Adopted by the Common Council of
the City of Montello 5-7-1984 as Title 7, Ch. 1 and § 4-1-5 of the 1984 Code.
Amendments noted where applicable.]
A.
License required. It shall be unlawful for any person
in the City of Montello to own, harbor or keep any dog more than five
months of age without complying with the provisions of this chapter
relating to the listing, licensing and tagging of the same.
B.
AT LARGE
COLLAR
OWNER
RESTRAIN
UNTAGGED
Definitions. In this chapter, unless the context or
subject matter otherwise require, the following terms shall have the
meaning indicated:
Off the premises of its owner and not under the control of
the owner or some other person.
A band, strip or chain placed around the neck of the dog.
Includes any person who owns, harbors or keeps a dog.
Includes notifying the dog's owner or an officer and requesting
either the owner or officer to capture and restrain the dog; or capturing
and restraining the dog; and killing the dog if the circumstances
require immediate action.
Not having a valid license tag attached to a collar kept
on the dog whenever the dog is outdoors, unless the dog is securely
confined in a fenced area.
The owner of a dog or cat shall have the dog
or cat vaccinated against rabies by a veterinarian within 30 days
after the dog or cat reaches five months of age and revaccinated within
one year after the initial vaccination. If the owner obtains the dog
or cat or brings the dog or cat into the City of Montello after the
dog or cat has reached five months of age, the owner shall have the
dog or cat vaccinated against rabies within 30 days after the dog
or cat is obtained or brought into the City, unless the dog or cat
has been vaccinated as evidenced by a current certificate of rabies
vaccination from this state or another state. The owner of a dog or
cat shall have the dog or cat revaccinated against rabies by a veterinarian
before the date that the immunization expires as stated on the certificate
of vaccination or, if no date is specified, within three years after
the previous vaccination.
A.
The owner of a dog more than five months of age on
January 1 of any year, or five months of age within the license year,
shall annually, on or before the dog becomes five months of age, pay
the dog license tax and obtain a license.
B.
Upon payment of the required dog license fee and upon
presentation of evidence that the dog is currently immunized against
rabies, the City Clerk-Treasurer shall complete and issue to the owner
a license and tag for the dog.
C.
The owner shall pay to the City Clerk-Treasurer the
sum of $3 for a neutered male or spayed female dog, and present evidence
that the dog is neutered or spayed, and $8 for any unneutered male
dog or unspayed female dog, provided that 1/2 of these amounts shall
be paid if the dog became five months of age after July 1 of the license
year. The license year commences January 1 and ends the following
December 31.[1]
D.
The owner shall securely attach the tag to a collar,
the same to be kept on the dog at all times, except during competition
or when a dog is securely confined indoors or in a securely confined
fenced area outdoors.
[Amended 4-7-1986]
A.
The City Clerk-Treasurer shall assess and collect
a late fee of $5 from every owner of a dog five months of age or over
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 on or before the dog reached
licensable age. All late fees received or collected shall be paid
into the local treasury as revenue of the City.
B.
An owner who fails to obtain a dog license pursuant to the provisions of § 117-3 or to pay a late fee pursuant to the above provisions of Subsection A, upon 30 days' written notice by the City to the owner, shall be subject to a penalty as provided in Chapter 1, § 1-4 of this Code.
[Amended 7-6-2005]
[Amended 7-6-2005]
A.
AT LARGE
OWNER
Definitions. As used in this section, the following
terms shall have the meanings indicated.
To be off the premises of the owner and not under the control
of some person either by leash or otherwise, but a dog or cat within
an automobile of any other person with the consent of the dog's or
cat's owner shall be deemed to be upon the owner's premises.
Any person owning, harboring or keeping a dog or cat and
the occupant of any premises on which a dog or cat remains or to which
a dog or cat customarily returns daily for a period of 10 days is
presumed to be harboring or keeping the dog or cat within the meaning
of this section.
B.
Restrictions. It shall be unlawful for any person
within the City of Montello to own, harbor or keep any dog or cat
which:
(1)
Habitually pursues any vehicle upon any public street,
alley or highway in the City.
(2)
Assaults or attacks any person.
(3)
Is at large within the limits of the City.
(4)
Habitually barks or howls to the annoyance of any
person or persons.
(5)
Kills, wounds or worries any domestic animal.
(6)
Is known by such person to be infected with rabies
or to have been bitten by an animal known to have been infected with
rabies.
(7)
Is an untagged dog.
C.
Vicious dogs. No vicious dog shall be allowed off
the premises of its owner unless muzzled or on a leash in charge of
the owner or a member of the owner's immediate family over 16 years
of age. A dog is declared to be vicious within the meaning of this
section when it shall have bitten any person or when a propensity
to attack or bite human beings shall exist and is known or ought reasonably
to be known to the owner or any member of the owner's immediate family
over 16 years of age. Any vicious dog which is found off the premises
of its owner, other than as hereinabove provided, may be seized by
any person and, upon delivery to the proper authorities, may, upon
establishment to the satisfaction of a court of competent jurisdiction
of the vicious character of said dog, by testimony under oath reduced
to writing, be killed by the police authorities.
D.
A dog or cat is in violation of Subsection B(4) above when two formal written complaints regarding the animal's behavior are filed with the Police Department.
E.
There shall
be a maximum of three dogs per residence or business. Residents who
have more than three dogs at time of adoption of this ordinance[1] may be grandfathered in, with proper proof of those dogs
having been licensed in the City of Montello prior to adoption of
this ordinance.
[Added 8-26-2020]
[1]
Editor's Note: "This ordinance" refers to an ordinance adopted
8-26-2020.
The Police Department may seize and impound
any dog running at large or any unlicensed dog at large or upon a
person's premises. Upon the impounding of any dog, the Police Department
shall notify the owner personally or through the United States mail,
if such owner is known to the Police Department or can be ascertained
with reasonable effort. If after seven days the owner does not claim
such dog, the Police Department shall dispose of the dog in a proper
and humane manner.
A.
Owner may redeem dog. The owner of any dog impounded
may redeem his dog within the period above specified upon the payment
of an impounding fee of $5 plus the actual costs per day for the dog's
keep.
[Amended 7-6-2005]
B.
City not liable for impounding dogs. The City shall
not be liable for the death of any dog which has been impounded or
disposed of pursuant to this section.
[Amended 9-26-2019]
No dog or cat is permitted on any school ground or other public
grounds within the City unless such dog or cat is on a leash. Dogs
and cats are prohibited from being in cemeteries. Law enforcement
canines and service animals as defined by the federal Americans With
Disabilities Act (ADA)[1] shall be exempt from this section.
[1]
Editor's Note: See 42 U.S.C.A. § 12101 et seq.
No person, except a peace officer or health
or humane officer in pursuit of his duties, shall within the City
shoot or kill or commit an act of cruelty on any animal or bird.
Any police officer may shelter and care for
any animal found to be cruelly exposed to the weather, starved, neglected
or abandoned and may deliver such animal to another person to be sheltered,
cared for and given medical attention, if necessary. In all cases
the owner, if known, shall be immediately notified and the person
having possession of the animal shall have a lien thereon for his
care, keeping, medical attention and expenses of notice. Whenever
in the opinion of a police officer an animal is hopelessly injured
or diseased so as to be beyond the probability of recovery, such police
officer may kill such animal.
Any person owning or having control of any dog,
cat or other animal shall clean up the feces of such animal immediately
and dispose of it in a sanitary manner. No animal feces shall be permitted
to remain exposed upon any private or public property.
Every owner or person harboring or keeping a
dog who knows that such dog has bitten any person shall immediately
report such fact to the City Chief of Police and shall keep such dog
confined for such period of time as the Chief of Police shall direct.
The owner of keeper of any such dog shall surrender the dog to the
Chief of Police upon his demand for examination.
A.
Any person who keeps or operates a kennel may, instead
of the license tax for each dog required by this chapter, apply for
a kennel license for the keeping or operating of the kennel. For the
kennel, the person shall pay a kennel license tax of $35 for 12 dogs
and under and $3 for each additional dog over 12. Upon payment of
the required kennel license tax and, if required by the Common Council,
upon presentation of evidence that all dogs over five months of age
are currently immunized against rabies, the City Clerk-Treasurer shall
issue the kennel license and a number of tags equal to the number
of dogs authorized to be kept in the kennel.[1]
B.
The owner or keeper of a kennel shall keep at all
times a kennel license tag attached to the collar of each dog over
five months old kept by the owner or keeper under a kennel license,
but this requirement does not apply to a show dog during competition,
to a dog securely confined indoors or to a dog securely confined in
a fenced area. These tags may be transferred from one dog to another
within the kennel whenever any dog is removed from the kennel. The
rabies vaccination tag or substitute tag shall remain attached to
the dog for which it is issued at all times, but this requirement
does not apply to a show dog during competition, to a dog securely
confined indoors or to a dog securely confined in a fenced area. No
dog bearing a kennel tag shall be permitted to stray or to be taken
anywhere outside the limits of the kennel unless the dog is in leash
or temporarily for the purposes of hunting, breeding, trial, training
or show.
[Amended 7-6-2004]
A.
No person shall keep domestic animals or fowl, including
but not limited to horses, cows, pigs, goats, sheep, chickens, ducks,
and geese, on a parcel of less than 10 acres in size. No person shall
maintain any building or premises for the purpose of housing such
domestic animals or fowl within 200 feet from a building used for
human habitation.
B.
All structures, pens, buildings, stables, coops or
yards wherein animals or fowl are kept shall be maintained in a clean
and sanitary condition, free of rodents, vermin and objectionable
odors or noise.
No person shall take or permit to remain any
dog, cat or other live animal on or upon any premises where food is
sold, offered for sale or processed for consumption by the general
public.
[Added 4-7-1986[1]]
[Added 5-7-1989]
A.
Keeping prohibited. It shall be unlawful to keep, harbor, own or in any way possess within the corporate limits of the City of Montello, Wisconsin, any pit bull dog, provided that pit bull dogs registered with the City on the date of publication of this section may be kept within the City subject to the standards and requirements set forth in Subsection B of this section. "Pit bull dog" is defined to mean:
(1)
The Staffordshire bull terrier breed of dog.
(2)
The American pit bull terrier breed of dog.
(3)
The American Staffordshire Terrier breed of dog.
(4)
Any dog which has the appearance and characteristics
of being predominantly of the breeds of Staffordshire bull terrier,
American pit bull terrier, American Staffordshire terrier, or a combination
of any of these breeds.
B.
Keeping of registered pit bulls. The provisions of Subsection A of this section are not applicable to owners, keepers or harborers of pit bull dogs registered with the City of Montello as of May 10, 1989, the effective date of this section. The keeping of such dogs, however, shall be subject to the following standards:
(1)
Leash and muzzle. No person shall permit a registered
pit bull dog to go outside its kennel or pen unless such dog is securely
leashed with a leash no longer than four feet in length. No person
shall permit a pit bull 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. Such dogs may not be leashed to inanimate objects,
such as trees, posts, buildings, etc. In addition, all pit bull dogs
on a leash outside the animal's kennel must be muzzled by a muzzling
device sufficient to prevent such dog from biting persons or other
animals.
(2)
Confinement. All registered pit bull dogs shall be
securely confined indoors or in a securely enclosed and locked pen
or kennel, except when leashed and muzzled as above provided. Such
pen, kennel or structure must have secure sides and a secure top attached
to the sides. All structures used to confine registered pit bull dogs
must be locked with a key or combination lock when such animals are
within the structure. Such structure must 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 not less than two feet. All structures erected
to house pit bull dogs must comply with all zoning and building regulations
of the City. All such structures must be adequately lighted and ventilated
and kept in a clean and sanitary condition.
(3)
Confinement indoors. No pit bull dog may be kept on
a porch or patio or in any part of a house or structure that would
allow the dog to exit such building on its own volition. In addition,
no such animal 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.
(4)
Signs. All owners, keepers or harborers of registered
pit bull dogs within the City shall, within 10 days of the effective
date of this section, display in a prominent place on their premises
a sign easily readable by the public using the words "Beware of Dog."
In addition, a similar sign is required to be posted on the kennel
or pen of such animal.
(5)
Insurance. All owners, keepers or harborers of registered
pit bull dogs must, within 10 days of the effective date of this section,
provide proof to the Montello City Clerk-Treasurer of public liability
insurance in a single incident amount of $50,000 for bodily injury
to or death of any person or persons or for damage to property owned
by any persons which may result from ownership, keeping or maintenance
of such animal. Such insurance policy shall provide that no cancellation
of the policy will be made unless 10 days' written notice is first
given to the Montello City Clerk-Treasurer.
(6)
Identification photographs. All owners, keepers or
harborers of registered pit bull dogs must, within 10 days of the
effective date of this section, provide to the City Clerk-Treasurer
two color photographs of the registered animal clearly showing the
color and approximate size of the animal.
(7)
Reporting requirements. All owners, keepers or harborers
of registered pit bull dogs must, within 10 days of the incident,
report the following information in writing to the Montello City Clerk-Treasurer
as required hereinafter:
(8)
Sale or transfer of ownership prohibited. No person
shall sell, barter or in any other way dispose of a pit bull dog registered
with the City to any person within the City unless the recipient person
resides permanently in the same household and on the same premises
as the registered owner of such dog, provided that the registered
owner of a pit bull dog may sell or otherwise dispose of a registered
dog or the offspring of such dog to persons who do not reside within
the City.
(9)
Animals born of registered dogs. All offspring born
of pit bull dogs registered within the City must be removed from the
City within six weeks of the birth of such animals.
C.
Irrebuttable presumptions. There shall be an irrebuttable presumption that any dog registered with the City as a pit bull dog or any of those breeds prohibited by Subsection A of this section is in fact a dog subject to the requirements of this section.
D.
Failure to comply. It shall be unlawful for the owner,
keeper or harborer of a pit bull dog registered with the City of Montello
to fail to comply with the requirement and conditions set forth in
this section. Any dog found to be the subject of a violation of this
section shall be subject to immediate seizure and impoundment. In
addition, failure to comply will result in the revocation of the license
of such animal resulting in the immediate removal of the animal from
the City.
E.
Violations and penalties. Any person violating or
permitting the violation of any provision of this section shall, upon
conviction in Circuit Court, be fined a sum of not less than $200
and not more than $1,000. In default of payment of the fine imposed
the Court may sentence the defendant to imprisonment in the county
jail for a period not to exceed 30 days. In addition, the court shall
order the registration of the subject pit bull revoked and the dog
removed from the City. Should the defendant refuse to remove the dog
from the City, the Circuit Court Judge shall find the defendant owner
in contempt and order the immediate confiscation and impoundment of
the animal. Each day that a violation of this section continues shall
be deemed a separate offense. In addition to the foregoing penalties,
any person who violates this section shall pay all expenses, including
shelter, food, handling, veterinary care and testimony, necessitated
by the enforcement of this section.[1]
