[HISTORY: Adopted by the Village Board of the Village of Dane 4-1-1996 as Title 7, Ch. 1, of the 1996 Code. Amendments noted where applicable.]
In this chapter, unless the context or subject matter otherwise requires, the following terms shall have the meanings indicated:
- Mammals, reptiles and birds.
- AT LARGE
- To be off the premises of the owner and not under the control of some person either by leash or otherwise, but a dog or cat within an automobile of its owner, or in an automobile of any other person with the consent of the owner of said dog or cat, shall be deemed to be upon the owner's premises.
- Any feline, regardless of age or sex.
- Causing unnecessary and excessive pain or suffering or unjustifiable injury or death.
- Any canine, regardless of age or sex.
- FARM ANIMAL
- Any warmblooded animal normally raised on farms in the United States and used for food or fiber.
- LAW ENFORCEMENT OFFICER
- Has that meaning as appears in § 967.02(5), Wis. Stats., and includes a humane officer under § 173.03, Wis. Stats., but does not include a conservation warden appointed under § 23.10, Wis. Stats.
- A dog or cat having nonfunctional reproductive organs.
- Any person owning, harboring or keeping a dog or cat and the occupant of any premises on which a dog or cat remains or to which it customarily returns daily for a period of 10 days; such person is presumed to be harboring or keeping the dog or cat within the meaning of this chapter.
- An animal kept and treated as a pet.
Rabies vaccination. The owner of a dog shall have the dog vaccinated against rabies by a veterinarian within 30 days after the dog reaches five months of age and revaccinated within one year after the initial vaccination. If the owner obtains the dog or brings the dog into the Village of Dane after the dog has reached five months of age, the owner shall have the dog vaccinated against rabies within 30 days after the dog is brought into the Village, unless the dog has been vaccinated as evidenced by a current certificate of rabies vaccination. The owner of a dog shall have the dog revaccinated against rabies by a veterinarian before the date of that immunization expires as stated on the certificate of vaccination or, if no date is specified, within three years after the previous vaccination. The certificate of vaccination shall meet the requirements of § 95.21(2), Wis. Stats.
Issuance of certificate of rabies vaccination. A veterinarian who vaccinates a dog against rabies shall complete and issue to the owner a certificate of rabies vaccination bearing a serial number and in the form approved by the Village, stating the owner's name and address, the name, sex, whether spayed or unspayed, neutered or unneutered, breed and color of the dog, the date of the vaccination, the type of rabies vaccination administered and the manufacturer's serial number and the date that the immunization expires as specified for that type of vaccine by the Centers for Disease Control of the United States Department of Health and Human Services and the Village.
Copies of certificate. The veterinarian shall keep a copy of each certificate of rabies vaccination in a file maintained for this purpose until the date that the immunization expires or until the dog is revaccinated, whichever occurs first.
Rabies vaccination tag. 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.
Tag to be attached. The owner shall attach the rabies vaccination tag or a 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 dog during competition or training, to a dog while hunting, to a dog securely confined indoors or to a dog securely confined in a fenced area. The substitute tag shall be of a durable material and contain the same information as the rabies vaccination tag. The requirements of this subsection do not apply to a dog which is not required to be vaccinated under Subsection A.
Duplicate tag. 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.
Cost. 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.
It shall be unlawful for any person in the Village of Dane to own, harbor or keep any dog more than five months of age without complying with the provisions of §§ 174.05 through 174.10, Wis. Stats., relating to the listing, licensing and tagging of the same.
The owner of any dog more than five months of age on January 1 of any year, or five months of age within the license year, shall annually, or on or before the date the dog becomes five months of age, pay a license tax and obtain a license.
Upon payment of the required license tax and upon presentation of evidence that the dog is currently immunized against rabies, as required by § 197-2 of this chapter, the Village Clerk-Treasurer shall complete and issue to the owner a license for such dog containing all information required by state law. The Village Clerk-Treasurer shall also deliver to the owner, at the time of issuance of the license, a tag of durable material bearing the same serial number as the license, the name of the county in which issued and the license year.
The owner shall securely attach the tag to a collar, and the collar with the tag attached shall be kept on the dog for which the license is issued at all times, except as provided in § 197-2E.
The fact that a dog is without a tag attached to the dog by means of a collar shall be presumptive evidence that the dog is unlicensed. Any law enforcement or humane officer shall seize, impound or restrain any dog for which a dog license is required which is found without such tag attached.
Notwithstanding the foregoing, every dog specifically trained to lead blind or deaf persons is exempt from the dog license tax, and every person owning such a dog shall receive annually a free dog license from the Village Clerk-Treasurer upon application therefor.
The Village Clerk-Treasurer shall assess and collect a late fee as set forth in Chapter A150, Fees, from every owner of a dog five months of age or over if the owner failed to obtain a license prior to April 1 of each year or within 30 days of acquiring ownership of a licensable dog or if the owner failed to obtain a license on or before the dog reached licensable age. Said late fee shall be charged in addition to the required license fee.
Dogs and cats confined. If a district is quarantined for rabies, all dogs and cats within the Village shall be kept securely confined, tied, leashed or muzzled. Any dog or cat not confined, tied, leashed or muzzled is declared a public nuisance and may be impounded. All officers shall cooperate in the enforcement of the quarantine. The Village Clerk-Treasurer shall promptly post in at least three public places in the Village notices of quarantine.
Exemption of vaccinated dog or cat from Village quarantine. A dog or cat which is immunized currently against rabies, as evidenced by a valid certificate of rabies vaccination or other evidence, is exempt from the Village quarantine provisions of Subsection A if a rabies vaccination tag or substitute tag is attached to the dog's or cat's collar.
Quarantine or sacrifice of an animal suspected of biting a person or being infected or exposed to rabies.
Quarantine or sacrifice of dog or cat. An officer or animal warden shall order a dog or cat 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 a quarantine cannot be imposed because the dog or cat cannot be captured, the officer may kill the animal. The officer shall attempt to kill the animal in a humane manner and in a manner which avoids damage to the animal's head.
Sacrifice of other animals. An officer may order killed or may kill an animal other than a dog or cat if the officer has reason to believe that the animal bit a person or is infected with rabies.
Quarantine of dog or cat.
Delivery to isolation facility or quarantine on premises of owner. An officer or animal warden who orders a dog or cat 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.
Health risk to humans. If a dog or cat is ordered to be quarantined because there is reason to believe that the animal bit a person, the custodian of an isolation facility or the owner shall keep the animal under strict isolation under the supervision of a veterinarian for at least 10 days after the incident occurred. In this subsection, "supervision of a veterinarian" includes, at a minimum, examination of the animal on the first day of isolation, on the last day of isolation and on one intervening day. If the observation period is not extended and if the veterinarian certifies that the dog or cat has not exhibited any signs of rabies, the animal may be released from quarantine at the end of the observation period.
Risk to animal health.
If a dog or cat is ordered to be quarantined because there is reason to believe that the animal has been exposed to a rabid animal, and if the dog or cat is not currently immunized against rabies, the custodian of an isolation facility or the owner shall keep the animal leashed or confined for 180 days. The owner shall have the animal vaccinated against rabies between 155 and 165 days after the exposure to a rabid animal.
If a dog or cat is ordered to be quarantined because there is reason to believe that the animal has been exposed to a rabid animal, but if the dog or cat is immunized against rabies, the custodian of an isolation facility or the owner shall keep the animal leashed or confined for 60 days. The owner shall have the animal revaccinated against rabies as soon as possible after exposure to a rabid animal.
Destruction of a dog or cat exhibiting symptoms of rabies. If a veterinarian determines that a dog or cat 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 or cat is suspected to have bitten a person, the veterinarian shall notify the person or the person's physician.
Delivery of carcass; preparation; examination by laboratory of hygiene. An officer who kills an animal shall deliver the carcass to a veterinarian or local health department. The veterinarian or local health department shall prepare the carcass, properly prepare and package the head of the animal in a manner to minimize deterioration, arrange for delivery by the most expeditious means feasible of the head of the animal to the State Laboratory of Hygiene and dispose of or arrange for the disposal of the remainder of the carcass in a manner which minimizes the risk of exposure to any rabies virus. The Laboratory of Hygiene shall examine the specimen and determine if the animal was infected with rabies. The State Laboratory of Hygiene shall notify the Village, the veterinarian or local health department which prepared the carcass and, if the animal is suspected to have bitten a person, that person or the person's physician.
Cooperation of veterinarian. 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 Village, the Laboratory of Hygiene, the local health department, the officer involved and, if the animal is suspected to have bitten a person, the person's physician.
Responsibility for quarantine and laboratory expenses. The owner of an animal is responsible for any expenses incurred in connection with keeping the animal in an isolation facility, supervision and examination of the animal by a veterinarian, preparation of the carcass for laboratory examination and the fee for the laboratory examination. If the owner is unknown, the county is responsible for these expenses.
Restrictions. It shall be unlawful for any person within the Village of Dane to own, harbor or keep any dog or cat which:
Habitually pursues any vehicle upon any public street, alley or highway in the Village.
Assaults or attacks any person or destroys property.
Is at large within the limits of the Village.
Kills, wounds or worries any domestic animal.
Is known by such person to be infected with rabies or to have been bitten by an animal known to have been infected with rabies.
In the case of a dog, is unlicensed.
Vicious dogs and animals.
No vicious dog shall be allowed off the premises of its owner unless muzzled or on a leash in charge of the owner or a member of the owner's immediate family over 16 years of age. For purposes of enforcing this subsection, a dog shall be deemed as being of a vicious disposition if, within any twelve-month period, it bites two or more persons or inflicts serious injury to one person in unprovoked circumstances off the owner's premises. Any vicious dog which is found off the premises of its owner other than as provided in this subsection may be seized by any person and, upon delivery to the proper authorities, may, upon establishment to the satisfaction of a court of competent jurisdiction of the vicious character of the dog, by testimony under oath reduced to writing, be killed.
No person shall harbor or permit to remain on the premises any animal that is habitually inclined toward attacking persons or animals, destroying property, barking excessively or making excessive noises or running after automobiles.
No person shall own, harbor or keep within the Village any dog of the breed Staffordshire terrier or any other dog known as a "pit bull terrier."
Any dog licensed on the date of adoption of this Code can continue to receive a license each year until the owner no longer has the animal or it passes.
Animals running at large.
No person having in his possession or ownership any animal or fowl shall allow the same to run at large within the Village. (See the definition of "at large" in § 197-1.) Any animal running at large unlicensed and required by state law or Village ordinance to be licensed shall be seized and impounded by a humane or law enforcement officer or animal warden.
A dog or cat shall not be considered to be running at large if it is on a leash not to exceed 10 feet in length and under control of a person physically able to control it when the animal is off of the owner's premises.
Owner's liability for damage caused by dogs; penalties. The provisions of § 174.02, Wis. Stats., relating to the owner's liability for damage caused by dogs, together with the penalties therein set forth, are hereby adopted and incorporated herein by reference.
Animal control agency.
The Village of Dane may contract with or enter into an agreement with such person, persons, organization or corporation to provide for the operation of an animal shelter, impoundment of stray animals, confinement of certain animals, disposition of impoundment animals and for assisting in the administration of rabies vaccination programs.
The Village of Dane does hereby delegate to any such animal control agency the authority to act pursuant to the provisions of this section.
Impounding of animals. In addition to any penalty hereinafter provided for a violation of this chapter, a law enforcement or animal control officer may impound any dog, cat or other animal which habitually pursues any vehicle upon any street, alley or highway of this Village, assaults or attacks any person, is at large within the Village, habitually barks, cries or howls, kills, wounds or worries any domestic animal or is infected with rabies. In order for an animal to be impounded, the impounding officer must see or hear the violation of this section or have in his possession a signed statement of a complaining witness made under oath alleging the facts regarding the violation and containing an agreement to reimburse the Village for any damages it sustains for improper or illegal seizure.
Claiming animal; disposal of unclaimed animals. After seizure of animals under this section by a law enforcement or animal control officer, the animal shall be impounded. The officer shall notify the owner, personally or through the United States mail, if such owner be known to the officer or can be ascertained with reasonable effort, but if such owner be unknown or unascertainable, the officer shall post written notice in three public places in the Village, giving a description of the animal, stating where it is impounded and the conditions for its release, after the officer or warden has taken such animal into his possession. If, within seven days after such notice, the owner does not claim such animal, the officer may dispose of the animal in a proper and humane manner; provided, if an animal before being impounded has bitten a person, the animal shall be retained in the animal shelter for 10 days for observation purposes. Within such times, the owner may reclaim the animal upon payment of impoundment fees, such fees to be established by resolution of the Village Board. No animal shall be released from the pound without being properly licensed if so required by state law or Village ordinance.
Sale of impounded animals. If the owner does not reclaim the animal within seven days, the animal control officer may sell the animal to any willing buyer.
Village not liable for impounding animals. The Village and/or its animal control agency shall not be liable for the death of any animal which has been impounded or disposed of pursuant to this section.
Every owner or person harboring or keeping a dog or cat who knows that such dog or cat has bitten any person shall immediately report such fact to the Village Police Department and shall keep such dog or cat confined for not less than 10 days or for such period of time as directed. The owner or keeper of any such dog or cat shall surrender the dog or cat to a law enforcement or humane officer upon demand for examination.
Removal of fecal matter. The owner or person in charge of any dog, cat, horse, or other animal shall not permit solid fecal matter of such animal to deposit on any street, alley or other public or private property, unless such matter is immediately removed therefrom by said owner or person in charge. This section shall not apply to a person who is visually or physically handicapped.
Accumulation of fecal matter prohibited on private yards. The owner or person in charge of the dog or cat must also prevent accumulation of animal waste on his own property by regularly patrolling and properly disposing of the fecal matter.
It shall be unlawful for any person owning or possessing an animal, dog or cat to permit such animal, dog or cat to go upon any parkway or private lands or premises without the permission of the owner of such premises and break, bruise, tear up, crush or injure any lawn, flowerbed, plant, shrub, tree or garden in any manner whatsoever or to defecate thereon.
It shall be unlawful for any person knowingly to keep or harbor any dog which habitually barks, howls or yelps or any cat which habitually cries or howls to the great discomfort of the peace and quiet of the neighborhood or in such manner as to materially disturb or annoy persons in the neighborhood who are of ordinary sensibilities. Such dogs and cats are hereby declared to be a public nuisance. A dog or cat is considered to be in violation of this section when two formal, written complaints are filed with the Village Police Department within a four-week period.
Possession and sale of protected animals. It shall be unlawful for any person, firm or corporation to possess with intent to sell or offer for sale or buy or attempt to buy within the Village any of the following animals, alive or dead, or any part or product thereof:
All wild cats of the family felidae.
Polar bear (thalarctos maritimus).
Red wolf (canis niger).
Vicuna (vicugna vicugna).
Gray or timber wolf (canis lupus).
Sea otter (enhydra lutris).
Pacific ridley turtle (lepidochelys olivacea).
Atlantic green turtle (chelonia mydas).
Mexican ridley turtle (lepidochelys kempi).
Compliance with federal regulations. It shall be unlawful for any person, firm or corporation to buy, sell or offer for sale a native or foreign species or subspecies of mammal, bird, amphibian or reptile, or the dead body or parts thereof, which appears on the endangered species list designated by the United States Secretary of the Interior and published in the Code of Federal Regulations pursuant to the Endangered Species Act of 1969 (Public Law 135, 91st Congress).
Regulating the importation of certain birds. No person, firm or corporation shall import or cause to be imported into this Village any part of the plumage, skin or dead body of any species of hawk, owl or eagle. This subsection shall not be construed to forbid or restrict the importation or use of the plumage, skin, body or any part thereof legally collected for use by the American Indians for ceremonial purposes or in the preservation of their tribal customs and heritage.
Exceptions. The provisions of Subsection A above shall not be deemed to prevent the lawful importation, possession, purchase or sale of any species by any public agency, institute of higher learning, persons holding federal permits, or by a person holding a scientific collectors permit issued by the Secretary of the Department of Natural Resources of the state or to any person or organization licensed to present a circus.
Wild animals; prohibition on keeping. It shall be unlawful for any person to keep, maintain or have in his possession or under his control within the Village any poisonous reptile or any other dangerous or carnivorous wild animal, insect or reptile, any vicious or dangerous domesticated animal or any other animal or reptile of wild, vicious or dangerous propensities. Specifically, it shall be unlawful for any person to keep, maintain or have in his possession or under his control within the Village any of the following animals, reptiles or insects:
All poisonous animals and reptiles, including rear-fang snakes.
Apes: chimpanzees (pan); gibbons (hylobates); gorillas (gorilla); orangutans (pongo); ans siamangs (symphalangus).
Baboons (papoi, mandrillus).
Cheetahs (acinonyx jubatus).
Crocodilians (crocodilia) 30 inches in length or more.
Coyotes (canis latrans).
Deer (cervidae); includes all members of the deer family; for example, whitetailed deer, elk, antelope and moose.
Elephants (elephas and loxodonta).
Game cocks and other fighting birds.
Jaguars (panthera onca).
Leopards (panthera pardus).
Lions (panthera leo).
Monkeys, old world (cercopithecidae).
Pumas (felis concolor), also known as "cougars," "mountain lions" and "panthers."
Rhinoceroses (rhinocero tidae).
Sharks (class chondrichthyes).
Snow leopards (panthera uncia).
Tigers (panthera tigris).
Wolves (canis lupus).
Farm animals. Except on property zoned agricultural or conservancy, no person shall keep, maintain or have in his possession any horse, cattle, sheep, poultry, swine (except for miniature pigs), rabbits (more than five) or other domestic farm animal unless a conditional use permit under Chapter 520, Zoning, has first been issued.
Exceptions; pet shops. The prohibitions of Subsection C above shall not apply where the creatures are in the care, custody or control of a veterinarian for treatment; agricultural fairs; shows or projects of the 4-H Clubs; a display for judging purposes; an itinerant or transient carnival, circus or other show; dog or cat shows or trials; public or private educational institutions; licensed pet shops; or zoological gardens, if:
All animals and animal quarters are kept in a clean and sanitary condition and so maintained as to eliminate objectionable odors.
Animals are maintained in quarters so constructed as to prevent their escape.
No person lives or resides within 100 feet of the quarters in which the animals are kept.
Editor's Note: Original Secs. 7-1-13, Sale of rabbits, chicks or artificially colored animals, 7-1-14, Providing proper food and drink to confined animals, and 7-1-15, Providing proper shelter, which immediately followed this section, were repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
Neglected or abandoned animals.
No person may abandon any animal.
Any law enforcement or animal control officer may remove, shelter and care for an animal found to be cruelly exposed to the weather, starved or denied adequate water, neglected, abandoned or otherwise treated in a cruel manner and may deliver such animal to another person to be sheltered, cared for and given medical attention, if necessary. In all cases, the owner, if known, shall be immediately notified, and such officer or other person having possession of the animal shall have a lien thereon for its care, keeping and medical attention and the expense of notice.
If the owner or custodian is unknown and cannot, with reasonable effort, be ascertained or does not, within five days after notice, redeem the animal by paying the expenses incurred, it may be treated as a stray and dealt with as such.
Whenever, in the opinion of any such officer, an animal is hopelessly injured or diseased so as to be beyond the probability of recovery, it shall be lawful for such officer to kill such animal, and the owner thereof shall not recover damages for the killing of such animal unless he shall prove that such killing was unwarranted.
Section 173.10, Investigation of cruelty complaints, and § 173.24, Reimbursement for expenses, of the Wisconsin Statutes are hereby adopted by reference and made a part of this chapter.
Injured animals. No person who owns, harbors or keeps any animal shall fail to provide proper medical attention to such animal when and if such animal becomes sick or injured. In the event the owner of such animal cannot be located, the Village or any animal control agency with whom the Village has an agreement or contract shall have the authority to take custody of such animal for the purpose of providing medical treatment, and the owner thereof shall reimburse the person or organization for the costs of such treatment.
No person except a law enforcement or animal control officer in the pursuit of his duties shall, within the Village, shoot or kill or commit an act of cruelty to any animal or bird or disturb any bird's nests or bird's eggs.
Purpose. The keeping of a large number of dogs and cats within the Village of Dane for a considerable period of time detracts from and, in many instances, is detrimental to healthful and comfortable life in such areas. The keeping of a large number of dogs and cats is, therefore, declared a public nuisance.
Number limited. No person or family shall own, harbor or keep in its possession more than two dogs and three cats in any residential unit, except that a litter of pups or kittens or a portion of a litter may be kept for not more than eight weeks from birth.
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II). Additionally, original Sec. 7-1-18(b)(3) and (4), pertaining to an exemption from the number limitations, which immediately followed this subsection, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
In the interest of public health and safety, it shall be unlawful for any person, in or on Village-owned land within the Village of Dane, to set, place or tend any trap for the purpose of trapping, killing, catching, wounding, worrying or molesting any animal, except by use of live box-type traps only. "Live box-type traps" shall be defined as those traps which capture and hold an animal in an alive and unharmed condition.
This section shall prohibit the use of all traps other than live traps as described above, including, but not limited to, traps commonly known as "leg traps," "pan-type traps" or other traps designed to kill, wound or close upon a portion of the body of an animal. An exception shall be Village-Board-authorized trapping to eliminate nuisance problems.
All such traps set, placed or tended shall comply with Chapter 29 of the Wisconsin Statutes as it relates to trapping.
This section shall not apply to trapping on private property.
Nothing in this section shall prohibit or hinder the Village of Dane or its employees or agents from performing their official duties.
Any person violating § 197-13, 197-14, 197-15 or 197-16 shall be subject to a forfeiture of not less than $50 and not more than $200. This section shall also permit the Village Attorney to apply to the court of competent jurisdiction for a temporary or permanent injunction restraining any person from violating any aspect of this chapter.
Anyone who violates §§ 197-2, 197-3, 197-4 and 197-5 of this chapter or Ch. 174, Wis. Stats., shall be subject to a forfeiture of not less than $25 and not more than $200 for the first offense and not less than $100 and not more than $400 for any subsequent offenses. An owner who fails to have a dog or cat vaccinated against rabies as required in § 197-2 shall be subject to a forfeiture of not less than $50 nor more than $100. An owner who refuses to comply with an order issued under § 197-5 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 fined not less than $100 nor more than $1,000.