City of Nekoosa, WI
Wood County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Common Council of the City of Nekoosa 2-9-1988 by Ord. No. 423. Amendments noted where applicable.]
GENERAL REFERENCES
Public trees and shrubs — See § 8.15.
Orderly conduct — See Ch. 9.
Regulation of nuisance-type businesses — See § 11.06.
Smoking regulations — See § 11.10.
Municipal utilities — See Ch. 13.

§ 10.01 Prohibited acts.

No person shall erect, contrive, cause, continue, maintain or permit to exist any public nuisance within the City.

§ 10.02 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:
PUBLIC NUISANCE
A thing, act, occupation, condition or use of property which shall continue for such length of time as to:
(1) 
Substantially annoy, injure or endanger the comfort, health, repose or safety of the public.
(2) 
In any way render the public insecure in life or in the use of property.
(3) 
Greatly offend the public morals or decency.
(4) 
Unlawfully and substantially interfere with, obstruct or tend to obstruct or render dangerous for passage any street, alley, highway, navigable body of water or other public way or the use of public property.

§ 10.03 Public nuisances affecting health.

The following acts, omissions, places, conditions and things are hereby specifically declared to be public health nuisances, but such enumeration shall not be construed to exclude other health nuisances coming within the definition of § 10.02 of this chapter:
(1) 
Adulterated food: all decayed, adulterated or unwholesome food or drink sold or offered for sale to the public.
(2) 
Unburied carcasses: carcasses of animals, birds or fowl not intended for human consumption or food which are not buried or otherwise disposed of in a sanitary manner within 24 hours after death.
(3) 
Breeding places for vermin, etc.: accumulations of decayed animal or vegetable matter, trash, rubbish, rotting lumber, bedding, packing material, scrap metal or any material whatsoever in which flies, mosquitoes, disease-carrying insects, rats or other vermin may breed.
(4) 
Stagnant water: all stagnant water in which mosquitoes, flies or other insects can multiply.
(5) 
Privy vaults and garbage cans: privy vaults and garbage cans which are not flytight.
(6) 
Animals: all animals running at large.
(7) 
Air pollution: the escape of smoke, soot, cinders, noxious acids, fumes, gases, fly ash or industrial dust within the City limits or within one mile therefrom in such quantities as to endanger the health of persons of ordinary sensibilities or to threaten or cause substantial injury to property.
(8) 
Noxious weeds: all noxious weeds, as defined in § 66.0407, Wis. Stats. In addition, other rank growth of vegetation, and all weeds, grasses and plants over 12 inches in height, excluding trees and shrubs, which:
(a) 
Detract from the surrounding area and properties.
(b) 
Become a possible fire hazard, as determined by the Fire Chief.
(c) 
Become a health hazard due to their pollen or a potential cover for disease-carrying rodents and other small animals.
(d) 
Are of infectious or poisonous nature in or adjacent to a populated area, regardless of height.
(e) 
Become a potential hazard to vehicular traffic in vision clearance triangles.
(9) 
Water pollution: the pollution of any public well or cistern, stream, lake, canal or other body of water by sewage, creamery or industrial wastes or other substances.
(10) 
Noxious odors, etc.: any use of property, substances or things within the City emitting or causing any foul, offensive, noisome, nauseous, noxious or disagreeable odors, gases, effluvia or stenches repulsive to the physical senses of ordinary persons which annoy, discomfort, injure or inconvenience the health of any appreciable number of persons within the City.
(11) 
Street pollution: any use of property which shall cause any nauseous or unwholesome liquid or substance to flow into or upon any street, gutter, alley, sidewalk or public place within the City.
(12) 
Pesticide application: the application, or causing of the application, of any pesticide, as defined in § 94.67(25), Wis. Stats., in such a manner as to endanger the health of persons within the City.

§ 10.04 Public nuisances offending morals and decency.

The following acts, omissions, places, conditions and things are hereby specifically declared to be public nuisances offending public morals and decency, but such enumeration shall not be construed to exclude other nuisances offending public morals and decency coming within the definition of § 10.02 of this chapter:
(1) 
Disorderly houses: all disorderly houses, bawdy houses, houses of ill fame, gambling houses and buildings or structures kept or resorted to for the purpose of prostitution, promiscuous sexual intercourse or gambling.
(2) 
Continuous violation of City ordinances: any place or premises within the City where City ordinances or state laws relating to public health, safety, peace, morals or welfare are openly, continuously, repeatedly and intentionally violated.

§ 10.05 Public nuisances affecting peace and safety.

The following acts, omissions, places, conditions and things are hereby declared to be public nuisances affecting peace and safety, but such enumeration shall not be construed to exclude other nuisances affecting public peace or safety coming within the definition of § 10.02 of this chapter:
(1) 
Signs, billboards, etc.: all signs and billboards, awnings and other similar structures over or near streets, sidewalks, public grounds or places frequented by the public so situated or constructed as to endanger the public safety.
(2) 
Illegal buildings: all buildings erected, repaired or altered in violation of the provisions of this Code relating to materials and manner of construction of buildings and structures within the City.
(3) 
Unauthorized traffic signs: all unauthorized signs, signals, markers or devices placed or maintained upon or in view of any public highway or railway crossing which purport to be or may be mistaken as an official traffic control device, railroad sign or signal or which, because of their color, location, brilliance or manner of operation, interfere with the effectiveness of any such device, sign or signal.
(4) 
Obstruction of intersections: all trees, hedges, billboards or other obstructions which prevent persons driving vehicles on public streets, alleys or highways from obtaining a clear view of traffic when approaching an intersection or pedestrian crosswalk.
(5) 
Tree limbs: all limbs of trees which project over and less than eight feet above any public sidewalk or less than 14 feet above a street or other public place.
(6) 
Fireworks: all use, possession or display of fireworks, except as provided by the laws of the state and Chapter 9 of this Code.
(7) 
Dilapidated buildings. Dilapidated buildings include, but are not limited to: buildings with broken windows; buildings with damaged or unsightly siding; houses, garages and outer buildings in need of paint or that have dilapidated shingles; and all buildings or structures so old, dilapidated or out of repair as to be dangerous, unsafe, unsanitary or otherwise unfit for human use, or so unsightly that, as a result, they adversely affect neighborhood or City property values.
[Amended by Ord. No. 436; 4-14-2015 by Ord. No. 581]
(8) 
Wires and cables over streets: all wires and cables over streets, alleys or public grounds which are strung less than 18 feet above the surface thereof.
(9) 
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.
(10) 
Obstructions of streets; excavations: all obstructions of streets, alleys, sidewalks or crosswalks and all excavations in or under the same, except as permitted by this Code or which, although made in accordance with this Code, are kept or maintained for an unreasonable or illegal length of time after the purpose thereof has been accomplished or do not conform to the permit.
(11) 
Snow, ice and debris removal: all debris not removed and all snow and ice not removed or sprinkled with salt, ashes, sawdust or sand, as provided in Chapter 8 of this Code.
(12) 
Refrigerators: all abandoned refrigerators or iceboxes from which the doors and other covers have not been removed or which are not equipped with a device for opening from the inside or are not securely locked with a padlock.
(13) 
Open pits, basements, etc.: all open and unguarded pits, wells, excavations and basements.
(14) 
Flammable liquids violations: repeated or continuous violations of this Code or the laws of the state relating to the storage of flammable liquids.

§ 10.06 Inoperable or unlicensed vehicles; recreational equipment; junk; firewood.

(1) 
Public nuisances declared. The following are hereby declared to be public nuisances wherever they may be found within the City:
(a) 
Any motor vehicle, truck body, tractor or trailer as enumerated in Subsections (3) and (4) below and defined in Subsection (2) below.
(b) 
Any junk stored contrary to Subsection (5) below.
(c) 
Any recreational equipment stored contrary to Subsection (6) below.
(d) 
Any firewood used or stored contrary to Subsection (7) below.
(2) 
Definitions. The words, phrases and terms used in this section shall be interpreted as follows:
DISASSEMBLED, INOPERABLE, JUNKED OR WRECKED MOTOR VEHICLES, TRUCK BODIES, TRACTORS OR TRAILERS
Motor vehicles, truck bodies, tractors or trailers in such state of physical or mechanical ruin as to be incapable of propulsion or being operated upon the public streets or highways.
IN THE OPEN
Land which may be viewed from public streets or adjoining property.
JUNK
Worn out or discarded material of little or no value, including, but not limited to, household appliances or parts thereof, machinery and equipment or parts thereof, vehicles or parts thereof, tools, discarded building materials or any other unsightly debris, the accumulation of which has an adverse effect upon the neighborhood or City property values, health, safety or general welfare.
MOTOR VEHICLE
As defined in § 340.01(35), Wis. Stats.
RECREATIONAL EQUIPMENT
Boats, canoes, boat and utility trailers, mobile homes, campers, off-highway vehicles and snowmobiles.
UNLICENSED MOTOR VEHICLES, TRUCK BODIES, TRACTORS OR TRAILERS
Motor vehicles, truck bodies, tractors or trailers which do not bear lawful current license plates.
(3) 
Storage of inoperable vehicles, recreational equipment, etc.
[Amended by Ord. No. 436]
(a) 
Restricted. No person shall accumulate, store or allow any disassembled, inoperable, junked or wrecked motor vehicles, truck bodies, tractors, trailers or recreational equipment in the open upon any public or private property in the City for a period exceeding 10 days.
(b) 
Exceptions.
1. 
Any business engaged in automotive sales or repair located in a properly zoned district may retain no more than three disassembled or wrecked vehicles, including vehicles under repair, in the open for a period not to exceed 30 days, after which such vehicles shall be removed.
2. 
Junk dealers licensed under Chapter 12 of this Code.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 25, General Provisions, Art. II).
(4) 
Storage of unlicensed vehicles, recreational equipment, etc.
(a) 
Restricted. No person shall accumulate, store or allow any unlicensed motor vehicle, truck body, tractor, trailer or recreational equipment in the open upon any public or private property in the City for a period exceeding 10 days.
(b) 
Exceptions.
1. 
Any business engaged in the sale, repair or storage of such unlicensed vehicles in a properly zoned district.
2. 
Garden tractors and mowers may be stored in the rear yard not less than 10 feet from any property line.
(5) 
Storage of junk prohibited. No person, except a junk dealer licensed under Chapter 12 of this Code, shall accumulate, store or allow any junk outside of any building on any public or private real estate located in the City.
(6) 
Storage of recreational equipment regulated. No person shall store any recreational equipment on any street right-of-way or within the front setback, excluding the driveway, for a period of more than 48 hours.
(7) 
Storage of firewood.
(a) 
Regulated. No person shall store firewood on any residential premises except for use on the premises. No firewood pile may be located within the front setback.
(b) 
Exception. Any firewood pile located contrary to the provisions of Subsection (7)(a) above on the effective date of this subsection need not be moved to a place of compliance until June 1, 1987.
(8) 
Variance.
(a) 
Application. In the event any person shall encounter great practical difficulty in complying with the provisions of Subsection (6) or (7) above because of lot size, location of buildings or topography, such person may file an application for a variance with the Building Inspector on a form supplied by the Inspector.
(b) 
Limitations. Any variance granted by the Building Inspector shall be limited, as follows:
1. 
Recreation vehicles. Recreation vehicles may be parked in the driveway within the front setback between May 1 and September 15 of each year, provided that the sidewalk is not blocked.
2. 
Firewood. Firewood may be neatly stacked within the front setback between August 1 and June 1 of the next year.
(c) 
Grant or denial of application. The Building Inspector shall review the application and view the premises. He shall grant or deny the variance in accordance with the provisions of this subsection.
(d) 
Appeal. Any person aggrieved by any determination of the Building Inspector under this subsection may file a written appeal with the Council within 30 days.
(9) 
Issuance of citation; action to abate. Whenever the Building Inspector or the Police Chief shall find any such vehicle, junk or recreational equipment, as defined in Subsection (2) above, accumulated, stored or remaining in the open upon any property within the City contrary to the provisions of Subsections (3), (4), (5) and (6) above, or firewood stored contrary to Subsection (7) above, he shall notify the owner of said property on which such vehicle, junk, recreational equipment or firewood is located of the violation of this section. If such vehicle, junk, recreational equipment or firewood is not removed within 10 days, the Building Inspector or the Police Chief shall cause a citation to be issued to the property owner or the occupant of the property upon which such vehicle, junk, recreational equipment or firewood is located. In addition, action to abate such nuisance may be commenced, as provided in § 10.07 of this chapter.
(10) 
Penalty. Any person who shall be adjudicated to have violated any of the provisions of this section shall be subject to a forfeiture as provided in § 25.04 of this Code, plus the costs of said prosecution, and, upon default of payment of such forfeiture and costs, shall be imprisoned in the county jail until such forfeiture and costs are paid, but not to exceed 10 days. Each day that a violation of this section continues shall be deemed a separate offense.

§ 10.07 Enforcement; abatement procedures.

[Amended by Ord. No. 508]
(1) 
Enforcement. It shall be the duty of the Chief of Police, Fire Chief, Building Inspector, Public Works Director, City Forester, and City Weed Commissioner, and each of their respective deputies and designees, to enforce those provisions of this chapter that come within the jurisdiction of their respective offices, including the issuance of citations, and they shall make periodic inspections and inspections upon complaint to insure that such provisions are not violated. No action shall be taken under this section to abate a public nuisance unless the officer shall have inspected or caused to be inspected the premises where the nuisance is alleged to exist and have satisfied himself that a nuisance does, in fact, exist.
[Amended 4-14-2015 by Ord. No. 581]
(2) 
Summary abatement.
(a) 
Notice to owner. If the inspecting officer shall determine that a public nuisance exists within the City and that there is great and immediate danger to the public health, safety, peace, morals or decency, the Mayor may direct the Chief of Police to serve notice on the person causing, permitting or maintaining such nuisance or upon the owner or occupant of the premises where such nuisance is caused, permitted or maintained and to post a copy of said notice on the premises. Such notice shall direct the person causing, permitting or maintaining such nuisance or the owner or occupant of the premises to abate or remove such nuisance within 24 hours and shall state that unless such nuisance is so abated, the City shall cause the same to be abated and will charge the cost thereof to the owner, occupant or person causing, permitting or maintaining the nuisance, as the case may be.
(b) 
Abatement by City. If the nuisance is not abated within the time provided or if the owner, occupant or person causing the nuisance cannot be found, the officer having the duty of enforcement shall cause the abatement or removal of such public nuisance.
(3) 
Abatement by court action. If the inspecting officer shall determine that a public nuisance exists on private premises, but that the nature of such nuisance is not such as to threaten great and immediate danger to the public health, safety, peace, morals or decency, he shall serve notice on the person causing or maintaining the nuisance and the owner of the property to remove the same within 10 days. If such nuisance is not removed within 10 days, he shall report such fact to the Mayor, who may direct the City Attorney to commence an action in Circuit Court for the abatement of the nuisance.
(4) 
Other methods not excluded. Nothing in this chapter shall be construed as prohibiting the abatement of public nuisances by the City or its officials in accordance with the laws of the state, nor as prohibiting an action to be commenced in the Municipal Court seeking a forfeiture as provided in § 10.15 of this chapter.
[Amended 4-14-2015 by Ord. No. 581]
(5) 
Cost of abatement. In addition to any other penalty imposed by this chapter for the erection, contrivance, creation, continuance or maintenance of a public nuisance, the cost of abating a public nuisance by the City shall be collected as a debt from the owner, occupant or person causing, permitting or maintaining the nuisance, and if notice to abate the nuisance has been given to the owner, such cost shall be assessed against the real estate as a special charge.

§ 10.08 Diseased and infected trees.

(1) 
Public nuisances declared. The following are hereby declared to be public nuisances wherever they may be found within the City:
(a) 
Any living or standing tree, or part thereof, infected with the Dutch elm disease or other tree diseases.
(b) 
Any dead, diseased or infected tree, or part thereof, including logs, branches, stumps, firewood or other material from which the bark has not been removed and burned or sprayed with an effective fungicide or insecticide.
(2) 
Nuisances prohibited. No person shall permit any public nuisance as defined in Subsection (1) above to remain on any premises owned or controlled by him within the City.
(3) 
Inspection. The City Forester may enter upon private premises at all reasonable times for the purpose of carrying out any of the provisions of this section.
(4) 
Abatement of disease nuisances.
(a) 
Whenever the City Forester shall find, with reasonable certainty, on examination or inspection, that any public nuisance, as defined in this section, exists within the City, he shall cause it to be sprayed, removed, burned or otherwise abated in such manner as to destroy or prevent, as fully as possible, the spread of the disease fungus or the insect pests or vectors known to carry such disease.
(b) 
Before abating any such nuisance on private premises or in any street terrace, the Forester shall proceed as follows:
1. 
If the Forester shall determine that danger to other trees from said nuisance is not imminent, he shall make a written report of his findings to the Council, which may proceed as provided in § 27.09(4), Wis. Stats.
2. 
If the Forester shall determine that danger to other trees within the City is imminent, he shall notify the owner or abutting owner of the property on which such nuisance is found, in writing, if he can be found, otherwise by publication in a newspaper of general circulation in the City, that the nuisance must be abated as directed in the notice within a specified time, which shall not be less than 10 days from the date of such notice, unless the Forester shall find that immediate action is necessary to prevent spread of infection. If the owner fails to comply with the notice within the time limit, the Forester shall cause the abatement thereof.
(c) 
No damage shall be awarded to the owner for destruction of any tree, wood or material, or any part thereof, pursuant to this section.
(5) 
Spraying of trees.
(a) 
Whenever the Forester shall determine that any tree or material within or near the City is infected with a disease, he may cause to be sprayed all high-value trees within a one-thousand-foot radius thereof with an effective spray, provided such spraying shall be performed prior to July 15 or after October 15 of any year.
(b) 
Before causing the spraying of any tree on private property in accordance with this section, the Forester shall notify the owner, as provided in Subsection (4)(b)2 above.
(6) 
Assessment of costs of abatement and spraying.
(a) 
The entire cost of abating any public nuisance, as defined in Subsection (1) above, or of spraying any tree in accordance with Subsection (4) above may be charged to and assessed against the parcel or lot abutting on the street, alley, boulevard or street terrace upon or in which such tree is located or the parcel or lot upon which such tree stands, in accordance with § 66.0627, Wis. Stats.
(b) 
The Forester shall keep strict account of the costs of work done under this section and shall report monthly to the City Clerk all work done for which assessments are to be made, stating and certifying the description of the land, lots, parts of lots or parcels of land and the amounts chargeable to each. The Clerk shall include in his report to the Council the aggregate amounts chargeable to each lot or parcel so reported, and such amounts shall be levied and assessed against such parcels or lots in the same manner as other special taxes.

§ 10.09 Noxious weeds and rank growth.

(1) 
Noxious weeds and rank growth prohibited. No owner or occupant of any lot or parcel shall allow such property to become overgrown with any weeds or grass so as to constitute a public nuisance, as defined in § 10.03(8) of this chapter.
(2) 
Notification. The Mayor shall annually, on or before May 15, publish a Class 2 notice, under Ch. 985, Wis. Stats., that every person is required by law to destroy all noxious weeds and other rank growth of vegetation, as defined in § 10.03(8) of this chapter, on land in the City which he owns, occupies or controls.
(3) 
Enforcement. If a property owner fails to control the growth of such weeds or rank growth of vegetation on his property, the Weed Commissioner shall serve upon him notice as to this fact. If such owner fails to abate this nuisance within five days after service of the notice, the Weed Commissioner shall take action to abate such public nuisance.
(4) 
Costs. If the City causes a nuisance to be removed as provided in Subsection (3) above, the actual cost thereof, together with an administrative fee equal to 10% of the actual cost, shall be charged to the property owner. If such charges are not paid by November 15 of the year in which they are billed, such charges, together with an additional administrative fee for collection equal to 10% of the total of such charges and fees, shall be extended on the next succeeding tax roll as a tax charged against the property affected and collected in the same manner as are other taxes, pursuant to § 66.0517, Wis. Stats.

§ 10.10 Animal defecation.

[Added by Ord. No. 434]
(1) 
Removal required. Any person owning or having control of an animal on any property, public or private, which is not owned or occupied by such person shall promptly remove excrement left by such animal and place it in a proper receptacle, bury it or flush it in a toilet on property owned or occupied by such person.
(2) 
Means of transmittal required. Any person causing or permitting an animal to be on any property, public or private, not owned or occupied by such person shall use an object suitable for removal of excrement and a depository for the transmission of excrement to the property owned or occupied by such person.
(3) 
Penalty. Any person who fails to comply with any of the provisions of this section shall, upon conviction thereof, be subject to a penalty as provided in § 25.04 of this Code.
(4) 
This section shall not apply to a person owing or having control of a service dog, as defined in § 951.01(5), Wis. Stats., who is unable to remove the excrement left by such dog due to a physical disability.[1]
[1]
Editor's Note: Added at time of adoption of Code (see Ch. 25, General Provisions, Art. II).

§ 10.11 Dangerous animals.

[Added by Ord. No. 541]
(1) 
Prohibitions.
(a) 
No person shall own, harbor, keep, or maintain within the City limits any dangerous animal contrary to this section. Any animal alleged to be dangerous, as defined by this section, shall be impounded as directed by the Police Department until disposition of the charge issued by the citation and as outlined in this section. A complaint alleging an animal to be dangerous shall be filed with the Police Department.
(b) 
The owner of an animal found to be dangerous in the trial of a charge of harboring a dangerous animal pursuant to this section, or by plea to such a charge, shall be prohibited from keeping that animal in the City contrary to any restrictions contained in Subsection (5) below.
(c) 
No person shall offer for sale, sell, give away, breed, buy, or attempt to buy any dangerous animal within the City.
(d) 
No person shall own or harbor any animal for the purpose of animal fighting or train, torment, badger, bait, or use any animal for the purpose of causing or encouraging said animal to attack human beings or domestic animals when not provoked.
(2) 
Definitions. As used in this section, the following terms shall have the meanings indicated:
(a) 
Any animal which habitually approaches or chases any human being or domestic animal in a menacing fashion or apparent attitude of attack, without intentional provocation, on public or private property;
(b) 
Any animal which bites, inflicts injury, attacks, or otherwise endangers the safety of human beings or domestic animals, without intentional provocation, on public or private property;
(c) 
Any animal owned, harbored, or trained primarily or in part for the purpose of fighting;
(d) 
Any animal that is known to have a venomous bite, cold blooded or warm blooded, carnivorous or omnivorous, including, but not limited to, snakes, lizards, or any other venomous reptile of any type or species;
(e) 
Any animal most often to be found in the wild, or naturally found within nature or in the wild, and not commonly known to be domesticated, so as to be kept as an animal within a home or dwelling as a pet, including, but not limited to, such animals as bears of any types or species, lions, cougars, bobcats, lynx or any other wild animal to be of the genus background of a feline species;
(f) 
Any commonly known to be wild, winged animals, including, but not limited to, birds of predator species such as hawks, eagles, ospreys, or any other large-type birds with large-type talons on their feet and legs and any large-type bills or beaks with sharp points, commonly known to be used to hunt this type of animal's prey; or
(g) 
Any types of scavenger-type animals most usually and commonly found to be located in the wild nature setting, carnivorous or omnivorous, including, but not limited to, raccoons, skunks, foxes, wolves, and any other exotic cats of any types or species.
(3) 
Impoundment.
(a) 
It shall be the duty of the Police Department and any other person designated by the Council to seize any animal whose owner is alleged to have violated this section and transfer it to the Humane Society. No person shall fail to produce or surrender up any animal to the Department. The officers of the Department shall have the right to pursue an animal upon the premises of the owner or elsewhere. Any law enforcement officer or duly authorized Department employee may enter and inspect private property to enforce the provisions of this section.
(b) 
The owner of the animal immediately impounded pursuant to Subsection (3)(a) above shall be notified in person or by certified mail within five business days after the animal's impoundment.
(c) 
The notice of impoundment shall inform the owner of the animal that he may request, in writing, a trial to contest the impoundment within five business days after the animal's impoundment.
(d) 
Upon a request for a trial under Subsection (3)(c) above, a trial shall be held within 10 business days after such request. Notice of the date, time and location of the trial shall be sent by first-class mail to the owner requesting the trial.
(e) 
If such owner is unknown or unascertainable, a notice shall be published in the City newspaper giving a description of the animal, stating where it is impounded, and conditions for its release. If, within seven days after such notice, no owner claims the animal, the animal may be destroyed in a proper and humane manner. However, if an animal before being impounded has bitten a person, the animal shall remain impounded for 10 days for observation purposes.
(f) 
If after a trial on impoundment, the court finds no violation of Subsection (1) above, the animal shall be returned to its owner.
(g) 
If the court finds any violation of Subsection (1) above, the court may proceed under Subsection (4) or (5) below. The owner of the animal shall be liable for the costs of impounding, keeping or destroying said animal. If the animal is not reclaimed within five business days of the disposition of the charge issued, the animal may be destroyed in a proper and humane manner.
(4) 
Disposition; humane destruction. Any animal determined by the Municipal Court to have violated any provision of Subsection (1) above may be ordered by the Court to be humanely destroyed. If the Court does not issue an order authorizing the humane destruction of the animal, it may be reclaimed from the impounding authority upon payment of all impoundment fees and kept in the City upon proof to the Court's satisfaction of compliance with Subsection (5) below.
(5) 
Restrictions. The owner of any animal determined by the Municipal Court to have violated any provision of Subsection (1) above shall be subject to all of the following restrictions:
(a) 
Registration. The owner of any dangerous animal shall register it with the City Clerk upon disposition, and annually thereafter on or before April 1 of each year, by providing a current color photograph of the animal and a payment of a seventy-five-dollar registration fee. Upon payment of the fee, the owner shall be issued a dangerous animal leather buckled collar of an approved color for the purpose of identification.
(b) 
Liability insurance. At the time of registration, the owner of any dangerous animal shall provide proof of liability insurance in the amount of at least $250,000 for any acts of property damage or liability incurred by virtue of injury inflicted by such animal. Such insurance shall name the City as co-insured solely for the purpose of notice of cancellation of the policy.
(c) 
Display of warning sign. The owner of any dangerous animal shall display a warning sign on his premises facing out from all sides of the premises warning that there is a dangerous animal on the property. This sign should be visible and capable of being read from a public highway or thoroughfare or within 40 feet of its placement, whichever is less. The sign shall conspicuously display a symbol warning children of the presence of a dangerous animal.
(d) 
Identification. Before release to the owner, the impounding authority or licensed veterinarian shall implant a device which can be later detected to aid in the proper identification of the animal as dangerous.
(e) 
Collar. The collar issued to the owner shall be worn by the animal at all times as proof of registration, except when being groomed. If, when due to the length of the animal's hair, the collar is not visible, an approved colored leather lead may be used.
(f) 
Duty to keep animal under restraint while on owner's property. While on the owner's property, a dangerous animal shall be securely and humanely confined indoors or in a secure enclosed and locked pen or structure, suitable to prevent the entry of young children and designed to prevent the animal from escaping. Such pen or structure shall have a minimum dimension of five feet by 10 feet and shall have secure sides and a secure top. If it has no bottom secured to the sides, the sides shall be imbedded into the ground no less than two feet. The enclosure must also provide protection from the elements for the animal.
(g) 
Duty to keep animal under restraint while off owner's property. A dangerous animal may be off the owner's premises if it is muzzled and restrained by an approved leather lead not exceeding three feet in length and is under control of an adult able-bodied person. The muzzle shall be made in a manner that will not cause injury or pain to the animal or interfere with its vision or respiration, but shall prevent it from biting any person or animal.
(6) 
Exemptions. The provisions of this section regarding dangerous animals shall not apply to animals owned by law enforcement agencies and used for law enforcement purposes and is not intended to restrict the training and use of dogs for and by public law enforcement agencies.
(7) 
Penalties.
(a) 
An owner of a dangerous animal who fails to register the animal is subject to a forfeiture of not less than $100 nor more than $250 per day.
(b) 
An owner of a dangerous animal who registers but neglects to have the dangerous animal collar worn by the animal at all times, obtain liability insurance, display the standard sign, or properly restrain the animal is subject to a forfeiture of not less than $25 nor more than $250 per day.
(c) 
An owner of a dangerous animal who violates Subsection (1)(a), (c) or (d) above is subject to a forfeiture of not less than $100 nor more than $500 per day.
(8) 
Every 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 expert testimony fees, necessitated by enforcement of this section.

§ 10.15 Violations and penalties. [1]

Except as otherwise specifically provided in this chapter, any person who shall violate any provision of this chapter, or permit or cause a public nuisance, shall be subject to a penalty as provided in § 25.04 of this Code.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 25, General Provisions, Art. II).