[HISTORY: Adopted by the Board of Supervisors of Price County as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Health hazards — See Ch. 312.
Noise — See Ch. 403, Art. V.
[Adopted 8-21-2007 by Ord. No. 4-07]
A. 
Title. This article shall be known and cited as the "Price County Rabies Control Ordinance."
B. 
When effective. This article shall be effective upon passage and publication.
C. 
Appointment. The Price County Health Officer shall be an employee of the Health and Human Services Department upon appointment of the Director of the Department.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
D. 
Administration. This article shall be administered by the Health Officer, or designee, in cooperation with the Health and Human Services Board and the appropriate state agencies. The Health Officer shall have the power to ensure compliance with the intent and purpose of this article by any means possible under the law.
E. 
Interpretation. The provisions of this article shall be interpreted to be minimum requirements and shall be liberally construed in favor of Price County and shall not be deemed a limitation or repeal of any power granted by the Wisconsin Statutes.
This article is adopted pursuant to the authority granted by Chs. 95, 250 and 252, Wis. Stats., and Wisconsin Administrative Code § DHS 145.05(1) and (2).
Medical science has established that a number of small animals, including dogs, cats and ferrets, carry an infection commonly referred to as "rabies" which can be transferred to humans. This article is enacted as a public health measure to protect persons from infection as a result of a dog, cat or ferret bite.
The following definitions apply throughout the entire article. All other words not specifically defined in this article shall be defined as set forth in any applicable State of Wisconsin regulations, and if not defined otherwise the standard dictionary definition of the word shall apply.
ANIMAL
Any of the order Mammalian, all of which are capable of being infected with and transmitting rabies.
ANIMAL SHELTER
A public facility that is maintained by a government entity, or a private facility providing contractual services to a government entity, for the purpose of impounding or harboring animals.
BITE
The breaking, tearing or puncturing of the skin by the teeth of an animal.
CAT
Any domestic feline animal (Felis catus).
CURRENTLY VACCINATED AGAINST RABIES
Describes an animal that has received a primary rabies vaccine, or has received a booster vaccine, administered in accordance with the current Compendium of Animal Rabies Prevention and Control prepared and updated annually by the National Association of State Public Health Veterinarians. Rabies vaccination must be performed by or under the direct supervision of a veterinarian who is licensed or legally permitted to practice veterinary medicine in the state.
DOG
Any domestic canine animal (Canis familiaris).
FERRET
Any domestic mustelidae animal (Mustela putorius furo).
HUMANE OFFICER
An officer appointed under § 173.03, Wis. Stats. [§ 95.21(1)(a), Wis. Stats.]
IMMEDIATE FAMILY
The owner's spouse and dependents as defined for federal income tax purposes.
ISOLATION
Confinement of an animal exposed or potentially exposed to rabies.
ISOLATION FACILITY
A humane society shelter, veterinary hospital, or municipal pound, or any other place specified by an officer which is equipped with a pen or cage which isolates the animal from contact with other animals. [§ 95.21(1)(am), Wis. Stats.]
NONBITE EXPOSURE
Saliva from an animal has come in contact with an open wound or a mucous membrane.
OFFICER
A peace officer, local health officer, as defined in § 250.01(5), Wis. Stats., humane officer, warden, an employee designated by the County Board of Supervisors or other person designated by the governing body of the County, city, village or town.
OWNER
A person who keeps, harbors, or has charge or control of or permits any animal to habitually be or remain on, or be lodged or fed within, his or her house, yard, or premises. This term shall not apply to veterinarians or kennel operators who have temporary custody, for a period of less than 60 days, of animals owned by others.
PEACE OFFICER
Has the meaning designated under § 939.22(22), Wis. Stats. [§ 95.21(1)(d), Wis. Stats.]
QUARANTINE
The strict confinement of an animal in a manner which precludes direct contact with other animals not concurrently in quarantine or persons other that the owner or caretaker. The quarantine shall be conducted under an order issued by the public health official or rabies control authority designating the specific place, manner and provisions of the quarantine.
RABIES CONTROL AUTHORITY
A government agency or person who or which is legally authorized and responsible for enforcement of this article.
VETERINARIAN
Has the meaning designated under § 453.02(7), Wis. Stats. [§ 95.21(1)(e), Wis. Stats.]
VETERINARY TECHNICIAN
Has the meaning designated under § 453.02(12), Wis. Stats. [§ 95.21(1)(em), Wis. Stats.]
WARDEN
Has the meaning designated under § 24.01(11), Wis. Stats. [§ 95.21(1)(f), Wis. Stats.]
A. 
This article shall apply to the cities, towns and villages in Price County, but this article shall not be applicable to any municipality which has in force a more restrictive ordinance providing for the quarantine of dogs, cats, or ferrets suspected of biting.
B. 
This article shall not apply to any police dog when such dog is in pursuit of its duties.
A. 
The owner of a dog shall have the dog vaccinated against rabies by a veterinarian within 30 days after the dog reaches four months of age and revaccinated within one year after the initial vaccination. If the owner obtains the dog or brings the dog into Price County after the dog has reached four months of age, the owner shall have the dog vaccinated against rabies within 30 days after the dog is obtained or brought into the County, unless the dog has been vaccinated as evidenced by a current certificate of rabies vaccination from another county within this state or another state. The owner of a dog shall have the dog 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.
B. 
The owner of any dog, cat or ferret which bites any person other than the owner or the owner's immediate family shall make a report of the bite incident to the Price County Sheriff, giving the details of such dog, cat or ferret bite, including the date, place and name of the dog, cat or ferret bite victim. The owner shall make such report immediately upon gaining personal knowledge of such bite or immediately after receiving reliable information of such bite from the Sheriff or any other person.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
C. 
The owner shall attach a rabies vaccination tag or substitute tag to a collar, and a collar with the tag attached shall be kept on the dog at all times, but this requirement does not apply to a show dog during competition, to a dog while hunting, or to a dog securely confined in a fenced area. The requirements of this subsection do not apply to a dog which is not required to be vaccinated under Subsection A.
D. 
The owner shall pay the cost of the rabies vaccination and the cost associated with the issuance of a certificate of rabies vaccination and the delivery of a rabies vaccination tag.
A. 
A veterinarian who vaccinates a dog against rabies shall complete and issue to the owner a certificate of rabies vaccination (or generate a computer printout) bearing a serial number and in the form approved by the Wisconsin Department of Agriculture, Trade and Consumer Protection for each dog that is vaccinated. The certificate shall include the following information:
(1) 
Owner's name, address and telephone number.
(2) 
Description of the dog (species, breed, sex, markings, age and name).
(3) 
Date of vaccination.
(4) 
Date of vaccination expiration as specified for the type of vaccine by the Centers for Disease Control of the United States Department of Health and Human Services.
(5) 
Rabies vaccination tag number.
(6) 
Vaccine producer and product name.
(7) 
Manufacturer's serial or lot number of vaccine.
(8) 
Veterinarian's signature.
(9) 
Veterinarian's address and license number.
B. 
The original certificate of rabies vaccination shall be provided to the owner. The veterinarian who administers the vaccination shall keep a copy of each certificate of rabies vaccination in a file maintained for this purpose. All parties should retain the certificate for the duration of the vaccination plus one year.
C. 
After issuing the certificate of rabies vaccination, the veterinarian shall deliver to the owner a rabies vaccination tag of durable material bearing the same serial number as the certificate, the year the vaccination was given and the name, address and telephone number of the veterinarian, with instructions that it must be securely attached to the dog's collar or harness.
D. 
The veterinarian may furnish a new rabies vaccination tag with a new serial number to an owner in place of the original tag upon presentation of the certificate of rabies vaccination. The veterinarian shall then indicate the new tag number on the certificate and keep a record in the file.
E. 
Any practicing veterinarian who is requested to be involved in the rabies control program by an officer is encouraged to cooperate in a professional capacity with the local health department, the officer involved and, if the animal is suspected to have bitten a person, that person's physician.
A. 
If the Price County Sheriff has cause to believe that any dog, cat or ferret has bitten a person other than the owner or the owner's immediate family, the Sheriff shall investigate the incident, and if such dog, cat or ferret can be identified and located, the Sheriff shall take action in accordance with this article.
B. 
If the owner of such dog, cat or ferret can be located, the Sheriff shall supply the owner with information concerning the dog, cat or ferret bite incident.
C. 
The Sheriff, or any other officer, may order a dog, cat or ferret quarantined if the officer has reason to believe that the animal bit a person, is infected with rabies, or has been in contact with a rabid animal. If quarantine cannot be imposed because the dog, cat or ferret cannot be captured, the officer may kill the animal. The officer may kill a dog, cat or ferret only as a last resort or if the owner agrees. The officer shall attempt to kill the animal in a humane manner and in a manner which avoids damage to the animal's head.
D. 
If the Sheriff or any officer kills an animal pursuant to this article, said officer shall deliver the carcass to a veterinarian or to the Price County Health and Human Services Department immediately. Said veterinarian or Price County Health and Human Services Department shall thereafter follow the procedures set forth in § 95.21, Wis. Stats.
E. 
The Sheriff shall complete the procedure for each bite incident by reporting the results of quarantine or sacrifice of the suspected animal to the victim and the owner, if known.
A. 
An officer who orders a dog, cat or ferret to be quarantined shall deliver the animal or shall order the animal delivered to an isolation facility as soon as possible, but no later than 24 hours after the original order is issued, or the officer may order the animal to be quarantined on the premises of the owner if the animal is immunized currently against rabies as evidenced by a valid certificate of rabies vaccination or other evidence. An animal ordered quarantined shall be isolated from contact with other animals.
B. 
The custodian of an isolation facility or the owner shall keep a dog, cat or ferret which is ordered to be quarantined in strict isolation under the supervision of a veterinarian for at least 10 days. Supervision of a veterinarian includes, at a minimum, examination of the animal on the first day, on the 10th day and on one intervening day. If the observation period is not extended and if the veterinarian certifies that the dog, cat or ferret has not exhibited any symptoms of rabies, the animal may be released from quarantine at the end of the ten-day observation period.
C. 
Extended observation may be ordered for a dog, cat or ferret not currently immunized against rabies if the dog, cat or ferret is suspected to have been in contact with a rabid animal. An officer may order the owner to keep the animal in strict isolation for an additional 180 days, during which time the owner shall have the animal vaccinated against rabies between the 155th and 165th day after the beginning of the original observation period [§ 95.21(5)(c)1, Wis. Stats.]. If a veterinarian certifies that the dog, cat or ferret has not exhibited any symptoms of rabies during the extended observation period, the animal may be released from quarantine at the end of that period.
D. 
If a veterinarian determines that a dog, cat or ferret exhibits symptoms of rabies during the original or extended observation period, the veterinarian shall notify the owner and the officer who ordered the animal quarantined, and the officer or veterinarian shall kill the animal in a humane manner and in a manner which avoids damage to the animal's head. If the dog, cat or ferret is suspected to have bitten a person, the veterinarian shall notify the person or the person's physician. Following such sacrifice of the animal, the carcass shall be prepared and delivered to the State Laboratory of Hygiene as set forth in § 95.21(6), Wis. Stats.
A. 
Isolation facilities shall receive and quarantine any dog, cat or ferret known or suspected to have bitten a person for a ten-day period of observation for symptoms of rabies, as set forth in § 223-9 of this article. An animal which is ordered quarantined shall be isolated from contact with other animals.
B. 
All expenses incurred by the isolation facility, including supervision and examination of the animal by a veterinarian, preparation of the carcass for laboratory examination and the laboratory examination fee, shall be charged to the animal's owner. In the event that the owner is unknown, the County shall reimburse the isolation facility for the above-stated charges from the dog license fund.
Owners of dogs who are temporarily visiting Price County with their dog(s) or who are exhibiting a dog in competition must carry with them and be prepared, upon demand of a legal authority, to present a current certificate of rabies vaccination for each dog.
No collecting official, as defined in § 174.065(1), Wis. Stats., shall issue a dog license unless the owner of said dog presents an unexpired certificate of rabies vaccination.
A. 
An owner who fails to have a dog, cat or ferret vaccinated against rabies as required under this article shall be subject to a forfeiture as provided in Chapter 290 of the County Code, together with the cost of prosecution.
B. 
An owner who refuses to comply with an order issued under this article to deliver an animal to an officer, isolation facility, or veterinarian or who does not comply with the conditions of an order that an animal be quarantined shall be subject to a forfeiture as provided in Chapter 290 of the County Code, together with taxable costs, and upon default in the payment of such forfeiture and costs such owner may be imprisoned in the County Jail for no more than 30 days.
C. 
A person who violates any provision of this article not specified under Subsections A and B shall be subject to a forfeiture as provided in Chapter 290 of the County Code, together with the cost of prosecution.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
It shall be the duty of the Price County District Attorney to prosecute violations of this article. The District Attorney may also seek an injunction or other judicial process to enforce the provisions of this article.
A. 
The County Clerk shall cause a Class 1 notice under Ch. 985, Wis. Stats., to be published between January 1 and January 15 of each year in a newspaper having general circulation in the County notifying the public that rabies vaccinations and dog licenses are required under the Wisconsin Statutes.
B. 
The County Clerk shall cause a Class 1 notice under Ch. 985, Wis. Stats., to be published between March 1 and March 15 of each year in a newspaper having general circulation in the County notifying the public that rabies vaccinations and dog licenses are required under the Wisconsin Statutes and that late fees will be assessed after April 1.
Rabies vaccinations may be recommended for animals other than dogs for which a United States Department of Agriculture licensed vaccine is available; however, a current vaccination history may not eliminate the need for euthanasia and rabies testing if the animal bites a human.
[Adopted 2-19-2008 by Ord. No. 1-08]
This article shall be known and cited as the "Price County Animal Welfare and Control Ordinance."
The purpose of this article is to promote the health, safety and general welfare of animals and the people around them by requiring that animals be cared for in such a manner that they will not become a public nuisance, requiring that animals be properly fed, sheltered and cared for, requiring the removal of animal defecation from public property and ensuring licensing and rabies vaccination of all dogs in Price County.
As used in this article, the following terms shall have the meanings indicated:
ABANDONMENT (OF AN ANIMAL)
The act of any person who:
A. 
Abandons an animal by leaving an animal unattended for a period of time in excess of 24 hours without food, water, adequate ventilation or shelter on public or private property, including but not limited to the property of the owner/custodian;
B. 
Puts out, leaves, abandons, or in any other way discards any animal on public or private property, including but not limited to the property of the owner/custodian, and including but not limited to leaving an animal contained in a box, bag, fence, house or other structure or tethered; or
C. 
Places an animal in the custody of state-licensed entity, such as but not limited to a veterinary clinic, grooming facility, boarding facility, or pet sitter, for treatment, boarding, or other care and fails to reclaim the animal by the agreed upon time.
ABUSED ANIMAL
Any animal that has been harmed by an act, an omission or neglect, including but not limited to any animal that has been:
A. 
Deprived of adequate food, water, shelter, ventilation, care, space, or veterinary care.
B. 
Physically harmed, tortured, mutilated, beaten, or illegally killed.
C. 
Trained/used for fighting other animals.
D. 
Used to bait, to train/lure other animals to fight/kill.
ADEQUATE
Sufficient; commensurate; equally efficient; equal to what is required; suitable to the case or occasion; satisfactory.
ANIMAL
Any mammal, reptile, amphibian, fish, bird (including all fowl and poultry) or any animal commonly accepted as a part of the animal kingdom. Animals shall be classified as follows:[1]
A. 
Domestic. "Domestic animals" shall mean those animals as are habituated to live in or about the habitations of human beings and which are kept, cared for, sheltered, fed or harbored for use as a pet or as a source of food, raw materials, or income. Unless otherwise defined, such animals shall include dogs, cats, caged birds, gerbils, hamsters, guineas pigs, domesticated rabbits, fish, nonpoisonous, nonvenomous and nonconstricting reptiles or amphibians, members of the equine family or bovine family, sheep, poultry, fowl, swine, goats, bees, and other similar animals.
B. 
Nondomestic. "Nondomestic animals" shall mean those animals commonly considered to be naturally wild and not naturally trained or domesticated or which are commonly considered to be inherently dangerous to the health, safety, and welfare of people. Unless otherwise defined, such animals shall include:
(1) 
Any member of the large cat family (family felidae), including lions, tigers, cougars, bobcats, leopards and jaguars, but excluding commonly accepted domesticated house cats.
(2) 
Any naturally wild member of the canine family (family canidae), including wolves, foxes, coyotes, dingoes, and jackals, but excluding commonly accepted domesticated dogs.
(3) 
Any crossbreeds such as the crossbreed between a wolf and a dog, unless the crossbreed is commonly accepted as a domesticated pet.
(4) 
Any member or relative of the rodent family, including any skunk (whether or not descented), raccoon, or ferret, but excluding those ferret members otherwise defined or commonly accepted as domesticated pets.
(5) 
Any poisonous, venomous, constricting, or inherently dangerous member of the reptile or amphibian family, including rattlesnakes, boa constrictors, pit vipers, crocodiles and alligators.
ANIMAL BITE
Any physical contact of the teeth of the animal with human flesh, including but not limited to a puncture, pierce, scratch or tear.
ANIMAL BITE CLASSIFICATION SYSTEM
Bites are classified alphanumerically. The alpha designation indicates the victim, geographic location, and if the animal has bitten previously. The numeric designation indicates severity, with one the least severe and five the most severe.
A. 
Section I – Victim.
H
=
Human
D
=
Other animal (domestic)
W
=
Other animal
B. 
IIon II — Confined/Stray.
C
=
Confined at the time of the bite
S
=
Stray, roaming, off property, or not legally restrained
C. 
IIIn III — Repeat Biter.
R
=
Repeat biter, previous information on file
O
=
No previous bites
D. 
IVon IV – Bite Severity.
1.
Minor scratch
2.
Minor punctures (4 or fewer)
3.
Moderate puncture
4.
Severe puncture (4 or more), deep, may include crushing or tears from shaking broken bones.
ANIMAL CONTROL OFFICER
An individual authorized by local law or by Price County to carry out the duties imposed in this article.
ANIMAL CONTROL SHELTER
Those facilities designated by Price County for the housing and care of animals pursuant in this article.
ANIMAL MILL
An individual or entity that keeps and/or breeds animals in conditions where animals are frequently caged for extended periods of time, do not receive adequate care, and/or are not kept in a environment conducive to the health and well-being of the animals.
ATTACKING OR BITING ANIMAL
Any animal which poses a physical threat to human beings or to other animals by virtue of an attack that caused property damage and/or bodily harm. An animal shall not be an "attacking or biting animal" within the meaning of this article if:[2]
A. 
It inflicts an injury upon a person when the animal is being used by a law enforcement officer to carry out the law enforcement officer's official duties.
B. 
The injury inflicted by the animal was sustained by a person who, at the time, was committing a willful trespass or other tort; was tormenting, abusing or assaulting the animal; had in the past been reported to have tormented, abused or assaulted the animal; or was committing or attempting to commit a crime.
BEDDING (ADEQUATE)
Sufficient quantity of dry, noncontaminated, safe bedding, which is appropriate to the animal's age, size, species, and breed requirements.
BREEDER
A person or entity that owns an animal and allows it to reproduce, whether planned or unplanned.
CARE (ADEQUATE/HUMANE)
Attention to the needs of an animal, including but not limited to the provision of adequate water, food, shelter, bedding, sanitary conditions, ventilation, heating/cooling (temperature control), space, exercise, and veterinary medical attention necessary to maintain the health of the animal with regard to the specific age, size and breed of animal.
CONFINEMENT
Restriction of an animal to a home, basement, garage, building, pen, or other escape-proof enclosure. Confinement by a rope, chain, tether, fenced yard or other area accessible by other animals or persons, other then the caretaker, is not considered confinement.
COST
Confiscation costs on dangerous dogs or vicious animals are set by Price County and shall be paid by the owner to Price County.
DANGEROUS DOG
A. 
Any dog that, according to the records of the County, has without provocation either inflicted body harm on a human being on public or private property or bitten, attacked or endangered the safety of humans after the dog has previously bitten others. The owner will be notified of such classification.
B. 
A dog shall not be a dangerous dog within the meaning of this article if:
(1) 
The dog inflicts an injury upon a person when the dog is being used by a law enforcement officer executing official duties.
(2) 
The injury inflicted by the dog was sustained by a person who, at the time, was committing a willful trespass or other tort; was tormenting, abusing, or assaulting the dog; had in the past been reported to have tormented, abused or assaulted the dog; or was committing or attempting to commit a crime.
DEAD ANIMAL
A deceased domestic animal, including the carcass or parts of a carcass.
DISPOSAL
A. 
The sale of any live animal at public or private sale, the giving or adopting of a live animal to an individual/entity, or the transference of ownership of a live animal to Price County or any licensed humane society, licensed rescue group or licensed veterinarian.
B. 
Appropriate burial or cremation of a dead animal as directed in this article.
EFFLUENT
An outflow or discharge of waste.
EUTHANASIA
The legal act of putting animals to death using humane methods approved by the Wisconsin Department of Agriculture, Trade and Consumer Protection or at the discretion of law enforcement to end the suffering of an animal.
EXERCISE (ADEQUATE)
Bodily exertion suitable to the age, size, species and breed of animal to maintain normal good health, muscle tone, nonaggressive temperament, and normal behavior.
FENCE
A structure of wire, wood, stone or other materials, including invisible fencing, which is of sufficient height and strength to act as a barrier against the passage of the animal it is intended to enclose.
A. 
"Fence" does not include an invisible fence if the fence is:
(1) 
Turned off or the animal is not wearing a properly operating signaling device;
(2) 
Ineffective for any animal that has learned it can cross the fence line;
(3) 
Intended to be a means of keeping people or animals out of an enclosed area; or
(4) 
Buried in or adjacent to the County right-of-way.
B. 
An invisible fence is not an acceptable means of control for an animal that is classified as vicious or dangerous or that is in estrus/heat.
FIGHTING ANIMAL/GAME ANIMAL
Any animal that has been bred and/or trained to:
A. 
Exhibit aggressive qualities.
B. 
Have no instinct to withdraw from a fight or to display signs of submission.
C. 
Fight to the point of complete exhaustion or death with minimal provocation.
D. 
Suppress the animal's instinct for self-preservation.
E. 
Inflict maximum damage to the animal's opponents.
F. 
Offer little or no indication that an attack is imminent before attacking.
G. 
Be ready/willing for combat and unyielding in combat.
FOOD (ADEQUATE)
Sufficient quantity of noncontaminated and nutritionally adequate food, fed according to age, size, species and breed requirements, or as directed by a veterinarian, which is sufficient to prevent starvation, malnutrition or risk to the animal's health. Garbage or spoiled/rancid food is not considered adequate food.
GARBAGE
All refuse matter/effluent. "Garbage" includes but is not limited to animal or vegetable refuse, by-product of a restaurant, kitchen, or meat/poultry processing establishment, spoiled/rancid food and refuse accumulation of animal, fruit, or vegetable matter, liquid or otherwise (that is normally discarded). For the purpose of this article commercial feed for any animal that is prepared with vegetable or animal by-products is not part of this definition.
GRID
A manufactured type of wood, plastic, or wire flooring specifically designed to be used in an area where an animal is housed.
HEALTH AND HUMAN SERVICES BOARD
The Price County Health and Human Services or its authorized representatives, which shall include officers of the Price County Sheriff's Department.
HEALTH OFFICER
The Price County Director of Health or a duly designated representative of the Price County Health and Human Services Department.
HOARDER
A person or entity that:
A. 
Collects animals and fails to provide them with humane/adequate care;
B. 
Collects dead animals that are not properly disposed of as required by this article; or
C. 
Collects, houses, or harbors animals in filthy, unsanitary conditions that constitute a health hazard to the animals being kept and/or to the animals or residents of adjacent property.
IMPOUNDMENT
The taking into custody of an animal by Price County.
KENNEL
A. 
Any premises where a person owns or engages in the business, service or hobby of boarding, breeding, buying, selling, letting for hire or trading more than 12 adult dogs per year solely on one premises or a combination of premises.
B. 
The breeding or selling of more than one litter, per owner or business, per premises per year.
LICENSING AUTHORITY
The municipality (township, village or city treasurer) or its delegated collecting agent.
LURE
An animal used to bait/teach/encourage another animal to chase, fight or kill other animals.
NEGLECT
Absence of adequate care that is unintentional.
NEGLECT (WILLFUL)
The intentional withholding of adequate food, water and humane care required by an animal to prevent starvation, dehydration, death, or other harmful/debilitating conditions.
NUISANCE ANIMAL
Any animal that:
A. 
Damages, soils, defiles, eliminates or defecates on private property other than its owner's property or on public property;
B. 
Causes unsanitary or offensive conditions or otherwise endangers public health, welfare or safety;
C. 
Has had repeated verified complaints to law enforcement on noise disturbance because of barking;
D. 
Repeatedly chases vehicles, bicycles, or people;
E. 
Is in estrus and not confined in a manner which can keep it away from intact males of the same species; or
F. 
Causes serious annoyance to a neighboring residence and interferes with the reasonable use and enjoyment of that property.
OWNER
Any person owning, possessing, harboring, keeping or having custody or control of any animal subject to this article. This definition is intended to embrace any person who is a custodian.
PRIMARY ENCLOSURE
Any structure or device used to restrict an animal to a limited amount of space, such as a fence, building, room, pen, run, cage, stall, paddock, or pasture that provides adequate space and shelter.
PROPER ENCLOSURE
An enclosure for keeping a dangerous dog or vicious animal securely confined indoors or in a securely enclosed and locked pen, fence, or structure suitable to prevent the entry of another animal or any person other than the owner or caretaker. The enclosure must:
A. 
Be designed to prevent the animal from escaping and:
(1) 
If the enclosure is a fence, the fence must be high enough to keep the animal from climbing over and must be secured at the bottom to keep the animal from digging under.
(2) 
If the enclosure is a pen or structure other than a fence, the pen or structure must have secure sides, top and bottom constructed or secured in such a manner to prevent the animal's escape and be of a height and strength to maintain the animal within it.
B. 
Provide adequate shelter.
C. 
Provide adequate space for the animal.
PROVOKED ATTACK
An attack resulting when a domestic animal is placed in a situation such that an expected reaction would be to bite or attack.
RELINQUISHED
Written transfer of ownership of an animal by the owner to Price County.
RESCUE ANIMAL
A dog, cat, or other animal temporarily maintained by a licensed rescue group until the animal can be placed in a permanent home.
RESCUE GROUP (LICENSED)
Any individual or entity that houses and cares for rescue animals until permanent homes can be located and that maintains all required federal, state and local licenses/registrations.
RESTRAINT OF ANIMAL
Complete and immediate control of an animal by a physical device while under the direct supervision of a competent person.
RUNNING AT LARGE
Any domestic animal is considered to be running at large if it is off the premises of its owner and not under control of the owner or some other person.
SALE OF ANIMAL
The transfer of ownership of an animal through verbal or written agreement to a new owner in exchange for money, goods, services, or fees.
SANITARY CONDITIONS
Animal living space free from health hazards, irritants, or conditions that may endanger or pose a significant risk to an animal's health. In the case of farm animals, nothing in this section shall be construed as imposing sanitation requirements or standards more stringent than normally accepted animal husbandry and humane practices as defined by this article and Wisconsin state law as regulated by the Wisconsin Department of Agriculture, Trade and Consumer Protection.
SEVERE INJURY
Any physical injury resulting in any of the following:
A. 
Broken bones.
B. 
Puncture wounds.
C. 
Lacerations, with or without sutures.
D. 
Death.
SHELTER (ADEQUATE)
Protective cover for a domestic animal appropriate for the species and providing adequate space to maintain the animal in good health, which also prevents pain, suffering or a significant risk to the animal's health.
A. 
Adequate shelter includes but is not limited to the following:
(1) 
Sufficient coverage and insulation (depending on the breed) to protect an animal from extreme hot and cold temperatures;
(2) 
Sufficient protection from the elements to keep the animal dry;
(3) 
Sufficient shade and ventilation to prevent an animal from overheating and/or dehydrating; and
(4) 
Adequate bedding or resting area suitable for the breed, species, age, size, and medical condition of the animal.
B. 
Adequate shelter is structurally sound housing which provides an animal with:
(1) 
Adequate space;
(2) 
Four solid walls, lean-tos or an igloo type of structure depending on the breed of the animal;
(3) 
A roof;
(4) 
A dry floor that is either:
(a) 
Solid; or
(b) 
Grids, provided that the animal can easily stand, walk, lay and sit on the grids without its feet or body parts being caught, damaged, or injured. The grids and area under the grids must be designed so that they can be cleaned and sanitized;
(5) 
An entrance; and
(6) 
Adequate space for the number of animals on the property.
C. 
Materials not suitable for shelters include but are not limited to:
(1) 
Inadequately insulated containers;
(2) 
Crates with exposed sharp edges;
(3) 
Metal;
(4) 
Abandoned or parked vehicles;
(5) 
Open porches or decks;
(6) 
Any other structure that fails to provide sufficient protection from the elements; and
(7) 
Any other structure that is not safe or suitable for housing the species.
SPACE (ADEQUATE)
A. 
Sufficient safe space for adequate exercise suitable to the age, size, species and breed of animal;
B. 
Sufficient space during periods of confinement, suitable to the age, size, species and breed of animal, to permit the animal to turn about freely, stand, sit, or lie, move, etc., in a comfortable and normal position; or
C. 
For sick or injured animals, confinement as directed by a veterinarian.
TEMPERATURE CONTROL (ADEQUATE)
Maintaining temperatures recommended for animals by the Department of Agriculture, Trade and Consumer Protection guidelines for shelters and farm animals. Temperature does not necessarily mean heated buildings or air-conditioned buildings. Temperature should be appropriate for the breed of animal.
TETHER
Any chain, rope, leash, tie out or wire designed to restrain an animal which is attached to an animal's collar or halter and is also attached to a stationary object. Acceptable temporary tethers include an appropriate size chain, leash, rope or other tethering device that is of adequate length to satisfy the space and exercise requirements for the animal. Tethering devices, as referred to in this article, are the type commonly used for the size animal involved and are attached to the animal by means of a properly fitted collar or harness with a swivel attachment to prevent entanglement. The animal should have sufficient space to exercise at least 10 feet in diameter.
UNPROVOKED ATTACK or WITHOUT PROVOCATION
An attack that is not provoked as defined by this article.
UNSANITARY CONDITIONS
Animal living space, including shelter and exercise area, contaminated by health hazards, irritants, items or conditions that endanger or pose a risk to an animal's health, including but not limited to:
A. 
Excessive animal waste;
B. 
Garbage, trash or effluent;
C. 
Standing water or mud (this is not the usual spring mud unless other conditions exist);
D. 
Rancid/contaminated food or water;
E. 
Fumes, foul or noxious odors, contaminated air, hazardous chemicals or poisons;
F. 
Decaying materials (this does not include dry bedding appropriate for the breed);
G. 
Uncontrolled parasite or rodent infestation; and
H. 
Areas that contain nails, screws, broken glass, broken boards, pits, poisons, sharp implements or other items that could cause injury, illness or death to an animal.
VENTILATION (ADEQUATE)
Fresh air sufficient to provide for the health of an animal.
VETERINARIAN
A doctor of veterinary medicine licensed to diagnose and treat diseases and injuries in animals.
VETERINARY CARE (ADEQUATE)
Medical care of an animal from or under the direction of a licensed veterinarian and necessary to maintain the health of an animal based on the age, species, breed, etc., of the animal or to prevent an animal from suffering from ongoing infections, infestation of parasites, disease, or any other medical condition/injury where withholding or neglecting to provide such care would:
A. 
Endanger the health or welfare of the animal; or
B. 
Promote the spread of communicable diseases.
VETERINARY CLINIC (LICENSED)
A business facility where veterinary medicine is practiced.
VICIOUS ANIMAL
A. 
Any animal which:
(1) 
Constitutes a physical threat to human beings or other animals by virtue of an attack of such severity or intensity as to cause severe property or physical damage;
(2) 
Makes an unprovoked attack on animals or on human beings; or
(3) 
Intentionally attacks physical property in an effort to cause harm to a human or other animal.
B. 
An animal shall not be a vicious animal within the meaning of this article if:
(1) 
It inflicts an injury upon a person when the animal is being used by a law enforcement officer carrying out official duties; or
(2) 
The injury inflicted by the animal was sustained by a person who was committing a willful trespass or other tort; was tormenting, abusing or assaulting the animal; had in the past been reported to have tormented, abused or assaulted the animal; or was committing or attempting to commit a crime.
WATER (ADEQUATE)
Clean, fresh water sufficient to prevent dehydration, properly sustain health, and prevent significant risk to the animal's health. For the purposes of this article, snow, ice or rancid/contaminated water is not considered adequate water. The use of baited water in the winter is an acceptable practice.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
It is required that all owners of a dog more than four months of age on January 1 of any year or four months of age within the license year shall annually, or on or before the date the dog becomes four months of age, pay the dog license tax and obtain a license. As part of the requirement of obtaining a dog license the owner of a dog shall have the dog vaccinated against rabies by a veterinarian within 30 days after the dog reaches four months of age and revaccinated within one year after the initial vaccination. If the owner obtains the dog or brings the dog into Price County after the dog has reached four months of age, the owner shall have the dog vaccinated against rabies within 30 days after the dog is obtained or brought into the County, unless the dog has been vaccinated as evidenced by a current certificate of rabies vaccination from another county within this state or another state. The owner of a dog shall have the dog 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.
It shall be unlawful to interfere with any animal control officer/law enforcement officer by taking or attempting to take any animal from any vehicle used to transport such animal, or by taking or attempting to take any animal from the animal control impounding areas, or by any other method which would block or hinder any officer referred to in this section from performing his duties.
A. 
It shall be unlawful for any person who owns or is caring for an animal which has died or has been killed to abandon the animal, its parts, or blood. Under no conditions may dead animals be abandoned at any location, including but not limited to in wells or open pits of any kind on private or public land.
B. 
No person shall dispose of an animal, its parts or blood by burial on the land of another without the permission of the owner of the land.
C. 
No person shall deposit or throw or allow to be deposited or thrown into any stream, lake or swale or leave or deposit or cause to be left or deposited upon any public highway or other place the carcass of any animal, or deposit or leave or permit to be deposited or left upon any premises under that person's control any dead animal exposed in such a manner as to be reached by dogs or wild animals for a longer period than 24 hours in the months of April to November or 48 hours during the months of December to March.
D. 
All carcasses will be buried below the surface of the ground and shall be completely covered so as to prevent their being reached by wild animals or dogs. Cremation will be performed by a licensed veterinarian, or the animal shall be taken to a licensed rendering plant.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
When, in the opinion of the Health Officer or veterinarian, an animal in the custody of Price County is:
A. 
Diseased or injured and in need of immediate treatment so as to lessen the animal's suffering or to prevent the spread of communicable disease, the Health Officer or designee shall immediately obtain the services of or place the animal with a licensed veterinarian for the purpose of administering necessary treatment.
B. 
Suffering needlessly due to a life-threatening disease or injury, and a licensed veterinarian recommends euthanasia as the most humane course of action, and the Health Officer or designee agrees that the best interest of the animal would be served by euthanizing the animal, then the animal shall be humanely euthanized regardless of whether or not the normally required impoundment period has expired.
The owner of any animal shall be in violation of this article if the animal exhibits any behavior or engages in any activity as defined in the definition of "nuisance animal" in § 223-19.
A. 
Certificate required. It shall be unlawful for any person to have or possess a dangerous dog without a certificate of registration issued by the County. No more than one certificate of registration shall be granted per person or owner for a dangerous dog. No more than one certificate shall be issued per domicile.
B. 
Conditions for issuance of certificate. Subject to the requirements of this section for dangerous dogs and subject to revocation for noncompliance and possible confiscation, the County Clerk under the direction of the Health Officer shall issue a certificate of registration to the owner of a dangerous dog if the owner presents to the Price County Health and Human Services Department or County Clerk sufficient evidence of the following:
(1) 
A proper enclosure to confine the dangerous dog; and
(2) 
The posting on the premises of a dangerous dog sign obtained from the County, warning that there is a dangerous dog on the property.
C. 
Additional requirements. In addition to the requirements of Subsections A and B of this section, the owner of a dangerous dog shall present to the County Clerk evidence of:
(1) 
Insurance. A policy of insurance in the amount specified by the Price County Health and Human Services Board issued by an insurer authorized to transact business in this state insuring the owner of a dangerous dog against liability for any personal injuries inflicted by the dangerous dog, provided that:
(a) 
The name of the dog and its description are listed on the insurance policy;[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(b) 
It shall be the continuing and sole duty of the owner to provide the County Clerk with an updated and effective policy;
(c) 
The owner shall notify the County Clerk of any changes, renewals, and/or cancellations by written notice at least 30 days prior to any change, renewal, and/or cancellation; and
(d) 
The County shall have the right to rely on the representations of the owner to maintain the required insurance when the owner qualifies for the issuance of the certificate of registration; or
(2) 
Surety bond. A surety bond in the amount specified by Price County Health and Human Services Board and issued by a surety company authorized to transact business in this state payable to any persons injured by the dangerous dog.
D. 
Fees. The certificate of registration must be renewed annually on the date the dog was declared a dangerous dog. An annual fee to register dangerous dogs as set by Price County shall be paid by the owner to Price County.
E. 
Right to inspect. The Price County Health and Human Services Department shall have the right to inspect, randomly and without notice, a dangerous dog which is required to be confined pursuant to this section in its environment. Permission of the owner or person with custody of the animal confined shall not be unreasonably withheld.
F. 
Notice to County Sheriff's Department.
(1) 
The owner of a dangerous dog shall notify the Price County Sheriff's Department within 24 hours if the dog is loose, unconfined, has attacked a human, has died, or has been sold or donated. If the dog has been sold or donated, the owner shall provide the Price County Health and Human Services Department with the name, address, and telephone number of the new owner of the dog and notify the new owner of the designation.
(2) 
The owner of a dangerous dog shall notify the Price County Sheriff's Department within 10 days if the owner is moving within Price County's jurisdiction or out of the County.
G. 
Violations. Any person who releases a dangerous dog either willfully through failure to exercise due care or control or who takes such animal out of such proper enclosure in such a manner which is likely to cause injury to another person or damage to the property of another person shall be in violation of this article.
A. 
General control.
(1) 
It shall be unlawful for the owner of any animal (see the definition of "animal" in § 223-19) to permit such animal to be out of his immediate control, or to be left unattended off the premises of the owner, or to be upon the property of another person without the permission of the owner or person in possession of such other property. For the purposes of this article, condominium and apartment common property shall not be considered to be the premises of the animal owner.
(2) 
Restraint of dogs and/or animals shall be maintained as follows:
(a) 
Dogs are permitted to run at large on premises of owner. No dog should be permitted to run at large on the premises of its owner if such dog is causing injury or threatening another person or animal or is chasing a vehicle or a cyclist.
(b) 
A dog will be considered to be running at large if it is off the premises of its owner and not under the control of the owner or some other person.
(c) 
If a dog is actively engaged in a legal hunting activity, including training, it is not considered to be running at large if the dog is monitored or supervised by a person and the dog is on land that is open to hunting or on land for which the person has obtained permission to hunt or to train a dog.
(d) 
All other domesticated animals will be considered to be running at large if they are off the premises of their owner. This includes but is not exclusive to cows, horses, llamas, pigs, chickens, and other domestic fowl.
(e) 
No person shall tie, stake or fasten any animal within any street, alley, sidewalk, right-of-way, or other public place within the County or in such manner that the animal has access to any portion of any street, alley, sidewalk or other public place unattended.
(f) 
Every animal shall be restrained and controlled so as to prevent it from causing property damage, harassing pedestrians or bicyclists, molesting passersby, chasing vehicles, or attacking persons or other animals.
B. 
Control of attacking or biting animals, vicious animals and dangerous dogs.
(1) 
The above provisions concerning general control and contained in Subsection A are applicable to attacking or biting animals, vicious animals and dangerous dogs as well as the following:
(a) 
When upon the premises of the owner, attacking or biting animals, vicious animals, and dangerous dogs shall be kept indoors or in a proper enclosure as defined by this article. Permanent or temporary tethering as a means of enclosure is not permissible.
(b) 
The owner of a dangerous dog shall not permit the dog to be outside of a proper enclosure unless the dog is muzzled in a manner that will prevent it from biting any person. The dog must be restrained by a substantial chain or leash not more than six feet in length and under the physical control of a person who possesses the ability to restrain the dog.
(c) 
The owner of a dangerous animal, vicious animal or attacking or biting animal shall not permit the animal to be outside a proper enclosure unless the dog or animal is restrained by a substantial chain or leash not more than six feet in length and is under the physical restraint of a person who possesses the ability to restrain the dog or animal.
C. 
In any prosecution under this section, any animal found running at large may be held by Price County as evidence of a violation of this section. Such holding is at the discretion of the prosecuting attorney, and the animal may be released at the conclusion of the prosecution.
D. 
In lieu of paying a fine or serving jail time under this section, a violator may, at the discretion of the judge, relinquish the animal to Price County for placement or disposal as determined by Price County. Any cost incurred in placement or disposal of the animal will be the responsibility of the owner.
A. 
The owner of any animal shall be in violation of this article if the animal engages in any activity or exhibits any behavior as defined by this article under "vicious animal" in § 223-19.
B. 
Upon being adjudicated guilty of or entering a guilty plea or no contest plea to a charge made under this provision, the owner of the vicious animal, if allowed to maintain the animal, will have to adhere to the following requirements for possessing a vicious animal:
(1) 
The owner must possess a proper enclosure to confine the vicious animal; and
(2) 
The owner must post the premises with a vicious animal warning sign.
C. 
Price County shall have the right to inspect, randomly and without notice, a vicious animal which is required to be confined pursuant to this section in its environment. Permission of the owner or person with custody of the animal confined shall not be unreasonably withheld.
D. 
Any person who releases a vicious animal either willfully through failure to exercise due care or control or who takes such animal out of such proper enclosure in such a manner which is likely to cause injury to another person or damage to the property of another person shall be in violation of this article.
E. 
For a conviction under this section refer to § 223-44 of this article.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
Any person having information that an animal has bitten or attacked a person shall immediately report such information to the Price County Sheriff's Department or the Price County Health and Human Services Department.
A. 
Upon receiving notice that an animal has bitten or attacked a person, an authorized person from the Price County Sheriff's Department shall investigate the incident. If it is determined that an animal has bitten someone, law enforcement and the Health and Human Services Department will follow the requirements as outlined in Article I, Rabies Control, of this chapter.
(1) 
Nothing shall prohibit the Price County Health and Human Services Department from allowing an animal to remain in strict confinement on the premises of the owner, subject to daily inspections by a veterinarian, so long as the health, safety, and welfare of any person or animal is not threatened. Those animals may include but are not limited to the following:
(a) 
A female animal that is nursing offspring and that is current on her rabies vaccination.
(b) 
An animal that is current on its vaccination and has bitten its owner, caretaker, or member of its family.
(2) 
No animal that is in strict confinement for biting shall be vaccinated for rabies until the end of the quarantine period.
(3) 
No animal that is in strict confinement shall be sterilized or undergo any other surgical procedure during the quarantine period unless the surgery is necessary for a life-threatening medical condition or injury.
B. 
Confiscation of dangerous dogs. A dangerous dog, after adjudication, shall be confiscated as follows. A dangerous dog shall be immediately confiscated by the Price County Health and Human Services Department or by a law enforcement officer or by another person authorized by Price County if:
(1) 
The owner of the dog does not secure the liability insurance or bond required;
(2) 
The dog is not validly registered as required, including the posting of warning signs;
(3) 
The dog is not maintained in a proper enclosure; or
(4) 
The dog is outside of a proper enclosure in violation of this article.
C. 
Return of confiscated dangerous dogs. Any dog that has been confiscated under the provisions of Subsection B(1), (2) or (3) of this section shall be returned to its owner upon the owner's compliance with the provisions of this article and upon payment of confiscation costs provided in this article. If the owner has not complied with the provisions of this section within 20 days of the date the dog was confiscated, the dog shall be destroyed in an expeditious and humane manner. The payment of reasonable confiscation costs and the return of a dog shall not bar or affect an action against the owner for violation of this article.
It shall be unlawful to purchase, sell, own, possess, harbor or breed skunks, foxes, prairie dogs, raccoons, coyotes, wolves, hybrid wolves, any hybrid animal that is part wild animal, exotic cats or any other wildlife unless licensed by the respective federal or state department of agriculture to possess such animal.
European ferrets, Mustela putorius furo, may be sold, purchased, exhibited, or held as pets, provided that the ferret owner can provide valid documentation that the ferret was sexually spayed or neutered prior to seven months of age and is vaccinated against rabies by a licensed veterinarian with a properly administered vaccine approved for use on ferrets by the United States Department of Agriculture. See Article I, Rabies Control, of this chapter.
A. 
Dogs, cats and ferrets current on their rabies vaccinations that are bitten by a suspected or proven rabid animal shall be revaccinated immediately, confined and observed for the recommended time set by the State of Wisconsin. (Skunk, bat, fox, coyote, raccoon, opossum, bobcat, wolf or other carnivores whether wild or kept as pets are regarded as rabid unless proven otherwise by lab tests.) A quarantine on the premises of the owner may be permitted only if the animal is current on its rabies immunization; otherwise the animal must be delivered to an isolation facility such as a veterinary clinic. The Price County Health and Human Services Department or Price County law enforcement may inspect the premises of an owner at any time if quarantine is being done on premises.
B. 
Unvaccinated dogs, cats and ferrets that are bitten by a suspected or proven rabid animal should be humanely euthanized immediately. If the owner is unwilling to euthanize the animal, the exposed animal must be placed in strict confinement/isolation for the period of time set by the State of Wisconsin and vaccinated one month prior to being released from isolation. Confining the animal in strict isolation is the responsibility of the animal owner and subject to unannounced inspections by the Price County Health and Human Services Department.
C. 
Cattle and livestock that are current on their rabies vaccinations and are bitten by a suspected or proven rabid animal shall be revaccinated immediately, confined, and observed for the period of time set by the State of Wisconsin. Confining the animal in strict isolation is the responsibility of the animal owner and subject to unannounced inspections by the Price County Health and Human Services Department.
D. 
Unvaccinated cattle or livestock bitten by a suspected or proven rabid animal should be destroyed (slaughtered) immediately. (Skunk, bat, fox, coyote, raccoon, opossum, bobcat, wolf, or other carnivores whether wild or kept as pets are regarded as rabid unless proven otherwise by lab tests.) Under special circumstances and with the approval of the Price County Health and Human Services Department, the owner may opt to keep the exposed animal under very strict confinement/isolation and close observation for the period of time set by the State of Wisconsin.
E. 
Any animal bitten by a suspected or proven rabid animal that is not destroyed and manifests any of the symptoms of rabies should be immediately examined by a licensed veterinarian. If the licensed veterinarian determines the animal is displaying symptoms of rabies and the symptoms cannot be attributed to any other illness or injury, the animal shall be humanely euthanized and the Price County Health and Human Services Department shall be notified.
F. 
All animals will be managed in accordance with the guidelines established in the most current edition of the Wisconsin Rabies Control Manual.
A. 
Any person who abuses an animal or aids another person in abusing an animal or causes or permits an animal to abuse another animal, by acting or failing to act, shall be in violation of this article. Cruelty to an animal includes but is not limited to:
(1) 
Willful neglect as defined by this article;
(2) 
Failure to provide reasonable remedy or relief for any injured or diseased animal;
(3) 
Overloading or overdriving;
(4) 
Beating, torturing, tormenting or mutilating;
(5) 
Abandonment;
(6) 
Failure to maintain adequate care;
(7) 
Failure to provide adequate food and/or water;
(8) 
Failure to provide adequate shelter;
(9) 
Failure to provide adequate bedding;
(10) 
Failure to provide adequate exercise;
(11) 
Failure to provide adequate space;
(12) 
Failure to maintain sanitary conditions;
(13) 
Failure to provide adequate ventilation;
(14) 
Failure to provide adequate temperature control;
(15) 
Hoarding or collecting animals as defined by this article;
(16) 
Owning, managing, obtaining, confining or caring for any number of animals in an animal mill as defined by this article; or
(17) 
Otherwise treating any animal in a cruel or inhumane manner;
B. 
Exceptions.
(1) 
Licensed veterinarians who perform surgery or euthanasia are not in violation of this article.
(2) 
A person shall not be guilty of cruelty when the person is protecting his life, or the life of another person or animal that is being attacked by an animal that is attempting to severely harm or kill him, provided that the person being attacked is not committing a crime or is not aggravating or inciting the animal to attack and has not aggravated, injured, abused, or assaulted the animal in the past.
A. 
Any person shall be in violation of this article and shall be guilty of aggravated cruelty that knowingly and maliciously causes or aids another person or animal in causing or attempting to cause the death, physical harm or serious disfigurement of an animal by, but not limited to, any of the following:
(1) 
Rendering a part of such animal's body useless;
(2) 
Drowning, severely starving, severely dehydrating, strangling, suffocating, burying alive, or burning;
(3) 
Attempting to kill, abuse, maim, disfigure, dismember, mutilate or torture any animal; or
(4) 
Administering poison to any animal or exposing any animal to any poisonous or toxic/deadly substance.
B. 
Exceptions.
(1) 
Licensed veterinarians who perform surgery or euthanasia are not in violation of this article.
(2) 
A person shall not be guilty of aggravated cruelty when the person is protecting his life, or the life of another person or animal that is being attacked by an animal that is attempting to severely harm or kill him, provided that the person or animal being attacked is not committing a crime or is not aggravating or inciting the animal to attack and has not aggravated, injured, abused or assaulted the animal in the past.
A. 
Any person who engages in any behavior or activity defined under "abandonment (of an animal)" in § 223-19 shall be in violation of this section.
B. 
Exceptions.
(1) 
An animal that is deserted when premises are temporarily vacated for the protection of human life during a disaster or emergency hospitalization shall not be regarded as abandoned under this article where the owner or custodian lacked sufficient time or resources to make reasonable arrangements for the adequate care and custody of the animal.
(2) 
An animal relinquished through a written agreement with Price County and/or licensed veterinarians shall not be deemed abandoned but shall be considered relinquished to the entity.
(3) 
An animal left unattended when its sole owner dies shall not be deemed abandoned and shall be impounded by Price County until Price County can locate a family member to take custody of the animal. If a family member cannot be located, then the animal will be held in compliance with this article.
A. 
No animal shall be trained to fight or shall be used for fighting.
B. 
No animal shall be used to train other animals to fight.
C. 
No animal shall be used as bait to encourage aggressive or fighting behavior in other animals.
D. 
No person shall own, possess, keep, harbor, train, lend, borrow, or handle any dog, cat, bird/fowl, or other domestic, feral or wild animal with the intent that such animal shall be engaged in any animal fight/fight training or exhibition of animal fighting or be used as bait for fighting/aggressive animals.
E. 
No person shall train, assist, umpire/referee or in any way participate in the training of any animal to be used for animal fighting or used as bait or for animal fighting or torment, badger or bait any animal for the purpose of fighting or blood sport training or any other such activity, the primary purpose of which is the training/conditioning of animals for aggressive or vicious behavior or animal fights or exhibitions of fighting animals.
F. 
No person shall charge admission to, participate in, or be present as a spectator, handler, timekeeper, referee, guard, etc., at any animal fight/battle.
G. 
No person shall profit from any activity connected with any animal fight or exhibition of animal fighting or training or competitions or matches of fighting animals.
H. 
Any animal found to be used in violation of Subsection A, B, C, D or E of this section will be immediately confiscated by Price County.
No person shall, for the purpose of any exhibition/occurrence of animal fighting, training for animal fighting, or training of animals to display aggressive behavior:
A. 
Build, make, maintain, or keep a pit or other animal fighting arena or area, whether permanent or portable, on premises owned or occupied by him;
B. 
Allow a pit or other animal fighting arena or area, whether permanent or portable, to be built, made, maintained, or kept on his premises; or
C. 
Build, make, maintain, or keep a pit or other animal fighting arena or area, whether permanent or portable, on public or private property.
No person shall possess, use, sell, give, trade, or loan apparatus, paraphernalia, pit supplies, implements, programs, drugs or equipment used to train or condition animals to be aggressive, aggressive animals, game animals, or animals used to train other animals to be aggressive.
Any person shall be in violation of this article who:
A. 
Leaves an animal in a parked vehicle when temperatures inside the vehicle may adversely affect the animal's health and welfare. When the conditions inside a parked vehicle constitute an imminent threat to the animal's health or safety, any animal left in a parked vehicle may be removed from that vehicle by any law enforcement agency or a designee of the Price County Health and Human Services Department.
B. 
Leaves an animal in any vehicle where it must stand, sit or lie on extremely hot or cold surfaces, including but not limited to truck beds.
Any animal that has not received humane care, which has been subjected to cruelty in violation of 223-33, or that is used or intended for use in any violation of §§ 223-33 through 223-39 shall be immediately impounded by the Price County Sheriff's Department, the Price County Health and Human Services Department or their designee.
A. 
Animal exhibitions will be permitted provided that the exhibitor:
(1) 
Has all valid licenses and permits that are required by the state, County or municipality available for inspection on demand;[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(2) 
Abides by all federal, state and local laws, ordinances, rules and guidelines that apply to such exhibits;
(3) 
Does not exhibit any animal that is ill or injured;
(4) 
Has a licensed veterinarian either present or on call to attend to any injured/ill animal;
(5) 
Confines/controls all animals to protect the public and the animals from harm; and
(6) 
Ensures that all animals are treated in accordance with this article.
B. 
Legal exhibitions include but are not limited to petting zoos, circuses, dog shows, individuals or groups displaying/marketing animals for adoption or sale, etc., unless otherwise prohibited in this article. Animals that are high-risk carriers of rabies, such as foxes, raccoons, and skunks, shall not be exhibited in petting zoos or any exhibition where they can come in contact with people.
C. 
Exhibitions of animals for illegal purposes as stated in local ordinances, this article, and state and federal laws are strictly prohibited.
D. 
No person shall in any manner or for any reason encourage, instigate, promote, assist, exhibit, organize, sponsor, host or participate in an exhibition/demonstration of the following types of animals, including but not limited to those animals that are:
(1) 
Used or potentially used for fighting or training for fighting;
(2) 
Game animals;
(3) 
Bred with the intent to fight; or
(4) 
Aggressive animals.
A. 
Persons who permit their animals to defecate on public or private property other than their own property are required to immediately pick up the feces, bag the feces, and properly dispose of the feces. Animal waste shall be removed by placing said matter in a closed or sealed container and thereafter disposing of it in the animal owner's or public trash receptacle, sanitary disposal unit or other closed or sealed refuse container.
B. 
Any person found in violation of this section shall be in violation of this article, subject to the following exceptions:
(1) 
Persons using guide dogs or assistance dogs are exempt from removing feces.
(2) 
Law enforcement officers working police-trained dogs.
This article will be enforced by the Price County Sheriff's Department and the Price County Health and Human Services Department or their designee.
Anyone causing, creating or maintaining a violation of this article shall be subject to a forfeiture as provided in Chapter 290 of the County Code, together with the cost of prosecution.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).