[HISTORY: Adopted by the Town Board of the Town of Genesee as indicated in article histories. Amendments noted where applicable.]
Except as otherwise specifically provided in this article, the current and future statutory provisions of Ch. 174, Wis. Stats., describing and defining regulations with respect to dogs, exclusive of any provisions therein relating to penalties to be imposed, are adopted and by reference made a part of this article as if fully set forth herein. Any act required to be performed or prohibited by any current or future statute incorporated herein by reference is required or prohibited by this article. Any future additions, amendments, revisions or modifications of the current or future statutes incorporated herein are intended to be made part of this article in order to secure uniform statewide regulation of dogs.
When dog license required. Every owner, keeper or person having physical care or custody of a dog which is at least five months of age on January 1 of any year, or which reaches five months of age within the license year, shall annually, or on or before acquiring ownership of a licensable dog, or on or before the date the dog becomes five months of age, and in the manner provided for the payment of personal property taxes, pay a dog license fee and obtain a license therefor. Such license fees as well as late penalty fees shall be established by the Town Board by separate resolution and may be periodically changed from time to time. Licenses and renewals shall be due each year between January 1 and April 1. A late penalty fee, as set by resolution of the Town Board, shall be imposed upon any license applied for as authorized by § 174.05(5), Wis. Stats.
[Amended 12-13-1993 by Ord. No. 93-6]
Quantity. The number of dogs kept on a single lot of record within the Town is controlled by the Zoning Code in Waukesha County.
Harboring stray dog. Any person harboring in any manner a stray dog for 10 days or more shall be considered its owner and shall be subject to the terms and regulations of this article.
Exemptions. Every dog specially trained to lead blind or deaf persons is exempt from the dog license tax herein. The owner of such dog may apply for and receive each year a free license for said dog upon application therefor.
It shall be unlawful for the owner, keeper or person having physical possession of any dog or dogs to permit the same to run at large at any place within the Town unless accompanied by and under the control of the owner, keeper or person having physical custody of said dog or dogs. A dog will be considered running at large under this section if it is upon the property of another without consent of the owner or occupant of that property. The restriction set forth herein shall not be construed as to prevent any dog or dogs running at large upon the premises of the owner, person having physical custody, or keeper of said dog or dogs as long as the dog or dogs remain on said premises.
The owner, keeper or person having physical possession of a dog or dogs shall remove and properly dispose of any dog excrement deposited by said animal on the same day of such deposit, whether that animal is on private or public property. This section shall not apply to a blind or disabled person using a guide dog who is unable to comply due to his or her disability.
It shall be unlawful to keep a vicious dog within the Town. A visual confirmation that a dog has bitten, attacked or injured any person shall constitute a prima facie showing that such a dog is vicious. Upon finding a dog to be vicious the court shall order immediate destruction of the dog or removal from the Town after passage of any retention period required for rabies or other health reason.
It shall be the duty of the humane officer, law enforcement officer or any other officer duly appointed by the Town Board to apprehend any dog or dogs running at large within the Town, as defined in § 233-3 above, and confine the animal in the Waukesha County Animal Shelter or other pound as designated by the Town Board.
The humane officer or dog pound operator shall keep at said dog pound all apprehended dogs for a period of seven days or until the owner picks up his/her dog, whichever occurs earlier, and if the dog(s) is (are) not reclaimed by its rightful owner within such time, it may be sold for the amount incurred in keeping said animal plus an administrative fee for the Town as set by the Town Board by separate resolution, or the dog may be destroyed in such a manner as the dog pound operator or humane officer shall direct.
The owner, person who has physical custody, or keeper of any dog so confined by the dog pound or humane officer may reclaim such dog before the same is disposed of by payment of all costs and charges incurred by the Town in impounding and keeping said dog. Before said dog shall be released to the owner, person who has physical custody, or keeper said dog shall be licensed as provided for herein and its owner, person who has physical custody, or keeper shall receive a receipt from the Town Clerk authorizing the animal shelter or dog pound to release said dog.
A dog that barks or howls to such an extent that the noise disturbs any neighbor residing nearby by reason of excessive sound or unusual hours is hereby declared a nuisance.
Should a violation of this article be reported by a citizen, the Town shall not be required to pursue prosecution unless and until the complaining citizen shall present his/her complaint in writing on forms supplied by the Town and have the complaint notarized or witnessed by a Town official. Said citizen shall also agree in writing that, in the event said complaint is filed with the court for prosecution, he/she will cooperate fully with the Town Attorney in said prosecution, including, if necessary, testifying in a court trial to support said complaint. Any failure by a complaining citizen to cooperate with the Town shall result in immediate dismissal of the complaint.
[Amended 9-12-1994 by Ord. No. 94-6]
Each violation of any provision of this article shall be subject to the penalties and remedies described in Chapter 1, General Provisions, Article I, General Penalty, of this Code.