[Adopted as § 3.808 of the 2000 Code; amended in its entirety 5-7-2019 by Ord. No. 2019-07]
All incidents occurring in the Village where any animal bites a person or is suspected of biting a person shall be reported immediately to the Brown County Health Department or to the police department by any person having knowledge of such incident.
Any animal which bites a person in the Village, if it can be found, shall be quarantined for 10 days from the date of the bite for the purpose of observation for the possibility of infection with the virus of rabies.
Such quarantine shall be effected as directed by the County Health Commissioner or his representative and may be:
Confinement of the animal to a structure or enclosure which is adequate to restrain the animal on the premises of the owner or his agent; or
Confinement of the animal at the Village-designated pound; or
Confinement of the animal with a licensed veterinarian; or
Confinement of the animal at an animal hospital or boarding facility approved by the County Health Commissioner.
No animal which is known or suspected to have bitten a person in the Village shall be destroyed until after the ten-day quarantine period required in Subsection B above has elapsed, unless it cannot be apprehended safely, in which case destruction shall be accomplished without damage to the head of the animal if at all possible. The County Health Commissioner shall be immediately notified of such destruction of an animal and the dead animal shall not be disposed of until such specimens as the County Health Commissioner shall direct have been obtained and permission is given to dispose of the dead animal.
If an animal which has been quarantined in accordance with this section dies during the quarantine period, the person having custody of the animal shall immediately notify the County Health Commissioner and shall not destroy or dispose of the dead animal until after such specimens as the County Health Commissioner shall direct have been obtained and permission is given to dispose of the dead animal.
Definitions. The following definitions shall apply to the section only:
- DANGEROUS ANIMALS
- Shall be defined as any animal which:
- (1) Without provocation, while not under the control of its owner, chases, confronts, or approaches a person in a menacing fashion while off its owner's property and it is clear that the animal is not merely being protective in a particular set of circumstances.
- (2) When unprovoked and while off its owner's property, approaches a domestic animal in a menacing fashion or injures/kills another domestic animal.
- (3) When unprovoked and while off its owner's property, causes a nonsevere, nonbite injury in a menacing fashion to any person or domestic animal.
- (4) Has been declared dangerous by at least one other municipality.
- DOMESTIC ANIMAL
- Shall be defined as any livestock, domesticated dogs and domesticated cats.
- MENACING FASHION
- Shall be defined as demonstrating an intent or desire to cause injury by one or more of the following actions:
- (1) An attempt to bite a person or another animal in such a fashion to show plainly to a reasonable person an unfriendly intent and put a person in fear of attack.
- (2) Growling or barking, etc. in an unfriendly manner while approaching or chasing a person or another animal.
- (3) Growling or barking in an unfriendly manner while making physical contact with a person or another animal.
- Shall be defined as any peace officer or a Brown County or Village of Hobart humane animal control officer.
- Shall be defined as any person, firm, corporation or other organization owning, keeping, possessing, harboring, controlling, or having the care or custody, whether temporarily or permanently, of a dog, dogs, cat, or other animal.
- Shall be defined as any attack by an animal or physical injury caused by an animal shall be considered provoked if at the time that the attack occurred or the injury is inflicted:
- (1) The person who was attacked or injured was teasing, tormenting, abusing, or assaulting the animal; or
- (2) The animal was protecting a person, itself, its young or another domestic animal from an attack by a human being or another animal; or
- (3) The person who was attacked or injured was committing a crime on the property of the animal's owner.
Dangerous animals prohibited.
Possession of a dangerous animal prohibited. No person shall own, keep, possess or return to, or harbor a dangerous animal within the Village. Any animal considered or deemed dangerous or vicious by any other community is considered vicious and dangerous in this community and is therefore prohibited.
If a business exists within the Village for the purpose of training or rehabilitating animals deemed to be dangerous by the Village or any other municipality, this business may possess such animal for the purpose of rehabilitation and training but said animal must be removed from the community immediately upon the completion of the training or rehabilitation.
Penalty. Any person who owns, keeps, possesses, harbors, or returns any dangerous animal to the Village after it has been declared to be dangerous by owner's omission, quasi-judicial hearing, another community, or appeal, shall be subject to a forfeiture of not less than $500 nor more than $1,000.
Procedure for declaring an animal as dangerous.
A humane officer or police officer may determine an animal to be "dangerous" whenever, upon investigation, that officer finds that the animal meets the definition of dangerous as delineated in Subsection A above.
The humane officer or the police officer, upon making the determination that an animal is dangerous, shall issue a written order declaring the animal to be dangerous and demanding that the owner remove it from the Village within five days.
If the owner objects to the declaration of dangerousness, they may file a written objection contesting the declaration with the Village Clerk within five days of receiving the written declaration.
Upon receipt of the owner's written objection within the prescribed five days, the matter shall be placed on the next practiable Village Board meeting agenda for review.
The Village Board shall act as a quasi-judicial body allowing the animal's owner an opportunity to present evidence as to why the animal should not be declared a prohibited dangerous animal.
Pending the outcome of the hearing or any subsequent appeal, the animal may be confined subject to § 173.21, Wis. Stats., or held at a location outside the Village limits at the owner's expense.
After the hearing, and after the Village Board has made a decision and its report has been approved, the owner shall be immediately notified of the decision in writing by certified mail. If a decision is made that the animal is a prohibited dangerous animal, the owner shall comply with the order to remove the animal from the Village within five days after receiving the written decision, if not already removed.
If the owner further contests the decision, he or she may, within five days of receiving the written decision, seek review of the decision by the Circuit Court.
If the declared dangerous animal is not removed from the Village within 10 days of it being declared dangerous by owner's omission, quasi-judicial hearing, or appeal, it may be seized and ordered destroyed pursuant to § 174.02(3), Wis. Stats., and in the manner prescribed in Subsection D below of this chapter.
Manner and procedure for destruction of dangerous dogs/other animals. Whenever an officer or veterinarian is required to destroy a dangerous animal, the animal shall be destroyed in a humane manner which avoids damage to the animal's head.
Exemption for police dogs. The provisions of this section regarding dangerous dogs shall not apply to dogs owned by law enforcement agencies and used for law enforcement purposes.
No person owning, harboring or keeping any animal or fowl shall allow the same to run at large within the Village. See also § 102-13 for dogs.
The definition of "fowl" shall include pigeons. However, the species known as homing, carrier or racing pigeons shall be exempt from the confinement regulations to the extent that such birds may be permitted to fly for training purposes and races. The harboring of pigeons other than in an approved pen or coop is declared a public nuisance.
No person shall operate or maintain a pen, coop, cote or other structure for the purpose of keeping or raising of pigeons without obtaining a permit therefor. The permit shall be obtained annually and shall expire on December 31 of each year. Such permit shall be issued by the Village Clerk-Treasurer upon payment of the annual fee in an amount as set from time to time by resolution of the Village Board and certification by a representative of the Zoning Administrator/Building Inspector that the structure housing the pigeons conforms to all local codes and regulations. Failure to comply with any local codes or regulations within 10 days' after notice by a representative of the Zoning Administrator/Building Inspector shall result in revocation of the permit by the Village Board.
All coops and pens shall be constructed so as to be easily cleaned and kept in good repair. The inside and outside of such structures shall be whitewashed or painted as often as necessary to keep them clean or finished with such material as can be easily cleaned. All such structures shall be kept clean and sanitary and shall not cause any objectionable odor. Accumulations of cleanings or excrement of more than one day's operation in any such structure shall be deemed a violation of this section.