[HISTORY: Adopted by the Village Board of
the Village of Osceola as indicated in article histories. Amendments
noted where applicable.]
[Adopted 8-10-1993 by Ord. No. 7-93
as Sec. 10.07 of the 1993 Code]
As used in this article, the following terms
shall have the meanings indicated:
To be off the premises of the owner and not under the control
of the owner or a member of his or her immediate family over 12 years
of age, either by leash or otherwise.
Includes any person owning, harboring or keeping a dog in
this village. The occupant of any premises on which a dog remains
or to which it customarily returns daily for a period of 10 days is
presumed to be harboring or keeping the dog.
[Amended 1-12-1999 by Ord. No. 99-01]
A.
No person shall own, harbor or keep any dog more than
five months of age without complying with the provisions required
under §§ 174.05 to 174.09, Wis. Stats. The annual license
fee payable to the Village Treasurer shall be set by resolution of
the Village Board from time to time. In addition to the license fee,
any person who keeps more than three dogs shall obtain a kennel license
at an annual fee to be set by resolution of the Village Board from
time to time.[1]
[Amended 3-9-2021 by Ord. No. 21-01]
B.
Private dog kennel license.
[Added 2-13-2007 by Ord. No. 07-11]
(1)
Any premises with more than three dogs over the age
of five months is required to have a private dog kennel license issued
by the Village Board. The temporary boarding of additional licensed
dogs for up to 30 days shall not require a private dog kennel license,
provided that the boarding is not for commercial purposes.
[Amended 3-9-2021 by Ord. No. 21-01]
(2)
In circumstances requiring a private dog kennel license
under this subsection, no dogs may be kept on the premises until the
private dog kennel license is issued and the fee is paid.
(3)
The annual license fee for a private dog kennel shall
be set by resolution of the Village Board.
(4)
Where a kennel would otherwise be a private kennel,
but the licensee breeds and sells pups, then the kennel must comply
with all regulations of a commercial kennel, including obtaining a
zoning permit for said use and payment of licensing fees.
(5)
Where the licensee is not the owner of the premises,
the owner of the premises shall be subject to the rules and regulations
of this article pertaining to permitted number of dogs and all other
health, welfare and safety regulations pertaining to dogs or enacted
for the general welfare of the public. No license shall be issued
to a non-owner licensee unless the owner of the premises acknowledges
in writing he/she is subject to the provisions of this article.
[Amended 2-13-2007 by Ord. No. 07-10; 11-13-2007 by Ord. No.
07-23]
A.
No
person shall own, harbor, or keep any dog which:
(1)
Is at large within the limits of the Village.
(2)
Habitually pursues any vehicle upon any public street, alley or highway.
(3)
Molests or defiles or destroys any property, excepting that of the
owner or custodian.
(4)
Assaults or attacks any person or molests or annoys any person when
that person is off the property of the owner or custodian of such
animal.
(5)
Habitually barks or howls to the annoyance of any two or more persons.
(7)
Is a dangerous dog contrary to this section.
(a)
Definitions. "Dangerous dog," as used in this section, means:
[1]
Any dog which approaches or chases any human being or domestic
animal in a menacing fashion or apparent attitude of attack, without
provocation, on public or private property;
[2]
Any dog which bites, inflicts injury, attacks, or otherwise
endangers the safety of human beings or domestic animals, without
provocation, on public or private property; or
[3]
Any dog owned, harbored, or trained primarily or in part for
fighting.
B.
Impoundment. Any dog impounded by the Health Officer or Police Department for violation of this article may, upon establishment to the satisfaction of the court of the vicious character of said animal by testimony under oath, be euthanized at the direction of the Police Chief. If the court does not issue an order authorizing the humane destruction of the animal, it may be reclaimed from the impounding authority upon payment of all impoundment fees and kept in the Village upon proof to the court's satisfaction of compliance with Subsection C.
C.
Restrictions. The owner of any animal determined by the Municipal Court to have violated any provision of Subsection A(7) of this section, shall be subject to all of the following restrictions:
(1)
Registration. The owner of any dangerous animal shall register it
with the Village Clerk upon disposition, and annually thereafter on
or before January 31 of each year, by providing a current color photograph
of the animal and payment of a registration fee of $75. Said fee may
be modified by resolution of the Village Board. Upon payment of the
fee, the owner shall be issued a dangerous animal leather buckled
collar of an approved color for the purpose of identification.
(2)
Liability insurance. At the time of registration, the owner of any
dangerous animal shall provide proof of liability insurance in the
amount of at least $250,000 for any acts of property damage or liability
incurred by virtue of injury inflicted by such animal. Such insurance
shall name the Village as coinsured solely for the purpose of notice
of cancellation of the policy.
(3)
Display of standard sign. The owner of any dangerous animal shall
display a standard sign approved by the Village on his or her premises
facing out from all sides of the premises warning that there is a
dangerous animal on the property. This sign should be visible and
capable of being read from a public highway or thoroughfare or within
20 feet of its placement. In addition, the owner shall conspicuously
display a standard sign and a symbol warning children of the presence
of a dangerous animal.
(4)
Identification. Before release to the owner, the impounding authority
or licensed veterinarian shall implant a device that can be later
detected to aid in the proper identification of the animal as dangerous.
(5)
Collar. The collar issued to the owner shall be worn by the animal
at all times as proof of registration, except when being groomed.
If, when due to the length of the animal's hair, the collar is not
visible, an approved colored leather lead may be used.
(6)
Duty to keep animal under restraint while on owner's property. While
on the owner's property, a dangerous animal must be securely and humanely
confined indoors or in a secure enclosed and locked pen or structure,
suitable to prevent the entry of young children, and designed to prevent
the animal from escaping. Such pen or structure must have a minimum
dimension of five feet by 10 feet and must have secure sides and a
secure top. If it has no bottom secured to the sides, the sides must
be imbedded into the ground no less than two feet. The enclosure must
also provide protection from the elements for the animal.
(7)
Duty to keep animal under restraint while off owner's property. A
dangerous animal may be off the owner's premises if it is muzzled
and restrained by an approved leather lead not exceeding three feet
in length and is under control of an adult, able-bodied person. The
muzzle must be made in a manner that will not cause injury or pain
to the animal or interfere with its vision or respiration, but must
prevent it from biting any person or animal.
D.
Penalties
for violations.
(1)
An owner of a dangerous animal who fails to register the animal is
subject to a forfeiture of not less than $100 nor more than $250 per
day.
(2)
An owner of a dangerous animal who registers but neglects to have
the dangerous animal collar worn by the animal at all times, obtain
liability insurance, display the standard sign, or properly restrain
the animal is subject to a forfeiture of not less than $25 nor more
than $250 per day.
(3)
Except as otherwise provided, any person who shall violate any provision of this article or any order, rule or regulation made hereunder shall be subject to a penalty as provided in § 1-19 of this Code.
(4)
Every day that a violation of this section continues shall be deemed
a separate offense. In addition to the foregoing penalties, any person
who violates this section shall pay all expenses including shelter,
food, handling, veterinary care, and expert testimony fees necessitated
by enforcement of this section.
(5)
Exemptions. The provisions of this section regarding dangerous animals
shall not apply to animals owned by law enforcement agencies and used
for law enforcement purposes.
E.
Severability.
If any provision of this section is adjudged invalid by any court
of competent jurisdiction, such judgment shall not affect or impair
the validity of the remainder of this section.
[Amended 1-12-1999 by Ord. No. 99-01]
Every dog owner shall have such dog inoculated
with an antirabies vaccine by a veterinarian during the months of
August and September of each year. Proof of current vaccination shall
be provided to the Clerk at time of licensing.
The Village Clerk shall prepare certificates
in triplicate form for distribution to licensed veterinarians. The
certificate shall contain provisions for inserting information, including
the name and address of the owner of the dog, date of vaccination,
number of rabies tag, breed, age, color and sex of dog and such other
information as may be required. The veterinarian shall furnish a rabies
tag of durable material which shall be attached to the collar or harness
of the dog as evidence of such inoculation, and such tag shall be
numbered and shall contain the year of issuance.[1]
[1]
Editor's Note: Original Sec. 10.07(6), Duty
of veterinarian, which immediately followed this section, was deleted
1-12-1999 by Ord. No. 99-01.
[Amended 1-12-1999 by Ord. No. 99-01]
Any person may impound a dog found in violation of § 74-3 and any police officer may kill any dog which habitually pursues any vehicle upon any street, alley or highway of the Village or which assaults or attacks any person. The possession of any dog so impounded or seized may be obtained by paying the Treasurer of the Village a fee as set by resolution of the Village Board from time to time.[1] After such dog has been so impounded for seven days, it
shall be destroyed under the direction of a police officer or Health
Officer of the Village. Notice of impounding shall be given by the
person or officer in possession of the dog within 24 hours of the
impounding to the owner of the dog, if known.
Any person, police officer or Health Officer
who shall kill or impound any dog shall make a report to the Village
Clerk stating when and under what conditions he or she seized or impounded
such dog and the owner's name, if known.
[Added 2-13-2007 by Ord. No. 07-11[1]
A.
Definition. A hobby kennel is defined as a kennel
limited to the keeping of more than three dogs, provided the dogs
are owned by the licensed kennel owner, and shall specifically exclude
the breeding or boarding of any dogs. The temporary boarding of additional
licensed dogs for up to 30 days shall not be considered a hobby kennel,
provided that the boarding is not for commercial purposes.
[Amended 3-9-2021 by Ord. No. 21-01]
B.
All buildings and structures for a hobby kennel shall
comply with the setback requirement for the zoning district.
C.
Every owner or operator of a hobby kennel shall:
(1)
Ensure that each dog shall have space for adequate
exercise either within the kennel or adjacent thereto:
(2)
Provide a shelter for each dog that provides sufficient
space therein for the dog to stand and lie in comfort.
(3)
Ensure the provision of natural light and ventilation.
(4)
Ensure that all buildings and structures be constructed
to prevent the escape of any dogs being kept.
(5)
Not accept any dog for any other person for the purpose
of boarding, breeding, harboring, training, or keeping for any purpose.
Except as otherwise provided, any person who shall violate any provision of this article or any order, rule or regulation made hereunder shall be subject to a penalty as provided in § 1-19 of this Code.
[Adopted 7-10-2007 by Ord. No. 07-16]
This policy is adopted to maintain an environment
in municipal buildings and offices conducive to the needs of the users
and workers. Animal fears or phobias, allergies (which can result
even after the animal is no longer present), and the difficulty keeping
animals under control can create situations counter to the safety
or comfort of employees and the public. All employees and users of
municipal buildings should be able to use these buildings without
those concerns.
A.
Animals are prohibited in municipal buildings in the
Village of Osceola, with the exception of guide dogs or other service
animals accompanying individuals with disabilities and especially
trained and educated for that purpose.
B.
The Village Board may grant exceptions for specific
events. On occasions where the Board may grant an exception, the animals
must be under the control (leashed or crated) of the owner. The animals
must be licensed, and have evidence of state-required vaccinations
as applicable.
Except as otherwise provided, any person who shall violate any provision of this article or any order, rule, or regulation made hereunder shall be subject to a penalty as provided in § 1-19 of this Code.
