[HISTORY: Adopted by the Town Board of the Town of Genesee
as indicated in article histories. Amendments noted where applicable.]
[Adopted 11-14-1988]
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.
A.Â
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]
C.Â
Quantity. The number of dogs kept on a single lot of record within
the Town is controlled by the Zoning Code in Waukesha County.
D.Â
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.
E.Â
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.
A.Â
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.
B.Â
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.
[Amended 11-13-1989]
C.Â
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.
