[Ord. No. 226, 2004]
Within the Village there may be vicious animals that constitute
a public nuisance that should be abated. The provisions of this chapter
provide an administrative procedure by which animals found to be such
a nuisance may be abated following a hearing at which oral and documentary
evidence is considered. This chapter is intended to supplement rather
than supplant any other remedy available either under state law or
Village ordinance.
[Ord. 226, 2004; amended 2-22-2010 by Ord. No. 261]
A.Â
Any animal, except one assisting a peace officer engaged in law enforcement
duties, is presumed vicious under any of the following:
1.Â
The animal engages in an attack which requires a defensive action
by any person to prevent bodily injury or property damage when such
person is conducting himself or herself peacefully and lawfully;
2.Â
The animal engages in an attack that results in property damage or
in an injury to a person when such person is conducting himself or
herself peacefully and lawfully;
3.Â
The animal attacks another animal, livestock, or poultry that occurs
on property other than that of the owner of the attacking animal;
4.Â
The animal engages in behavior that constitutes a threat of bodily
harm to a person when such person is conducting himself or herself
peacefully and lawfully;
5.Â
The animal is owned or harbored primarily or in part for the purpose
of fighting or the animal is trained for fighting;
6.Â
Any animal which has been found to be vicious by the Municipal Court
of the Village of Darien, Circuit Court, or any other municipal court
in a trial or hearing upon a charge of harboring a vicious animal
or to abate a public nuisance relating to vicious animals.
B.Â
For the purposes of this section, a person is conducting himself
or herself peacefully and lawfully upon the private property of an
owner or possessor of the animal when he or she is on such property
in the performance of any duty imposed on such person by state or
local law, or by the laws or postal regulations of the United States,
or when he or she is on such property upon invitation, either express
or implied.
[Ord. 226, 2004]
Any animal quarantined pursuant to Section 6.05.040 of this chapter for biting a human being or other animal and any incident reported to the Village of Darien concerning a vicious animal may be investigated by the Police Department. If, based on the investigation, the Police Department concludes there is probable cause to believe that the animal is vicious, the Chief of Police shall so certify in writing within 10 days following completion of the investigation to the person owning or controlling the animal.
[Ord. 226, 2004]
If there is probable cause to believe that an animal is vicious,
and the Police Department so certifies, such officer shall ensure
that the animal is securely confined either on the premises of the
owner or person controlling the animal or, if considered necessary
to protect the public health, safety and welfare, at an appropriate
animal shelter. The confinement shall continue pending the decision
of a hearing before the Village of Darien Municipal Judge.
[Ord. 226, 2004]
A hearing date shall be set no later than 10 days from the date
of certification. The Village Clerk shall mail or otherwise deliver
to the owner or person controlling the animal or other interested
persons, at least five days prior to the date set for hearing, a notice
substantially in the following form:
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NOTICE OF HEARING
REGARDING VICIOUS ANIMAL
| |
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NOTICE IS HEREBY GIVEN that pursuant to the provisions of Chapter 6.05 of the General Ordinance Code of the Village of Darien, the Chief of Police has certified there is probable cause to believe your animal is vicious. (Description)
| |
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FURTHER NOTICE IS HEREBY GIVEN that on the day of __________,
at the hour of _____ o'clock in the Village of Darien, County
of Walworth, Wisconsin, the report of the Chief of Police will be
considered by the Village of Darien Municipal Judge with such other
oral and documentary evidence bearing upon the question of whether
your animal is vicious. You may appear and may present evidence at
the hearing.
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In the event your animal is found to be vicious, it will be
ordered to be controlled, confined, destroyed, restricted, or otherwise
abated as a public nuisance, and any impoundment cost incurred shall
be assessed against you.
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Dated:
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  Village Clerk
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[Ord. 226, 2004]
At the hearing, which may be continued from time to time, both
oral and documentary evidence may be taken from any interested person
and considered in determining whether the animal is vicious.
[Ord. 226, 2004]
If, based upon the hearing, the Village of Darien Municipal
Judge finds that the animal is vicious, he or she shall so specify
in writing, together with the reasons therefor. Any animal found to
be vicious is deemed a public nuisance and shall be, pursuant to the
order of the court, removed from the Village, or the nuisance otherwise
abated by appropriate order, including, but not limited to, confinement,
fencing, muzzling, leashing or the commencement of a civil action
requesting destruction of the animal. The decision of the Village
of Darien Municipal Judge shall be made within 24 hours after the
conclusion of the hearing. A copy of the decision shall be sent by
certified mail or otherwise delivered to the person owning or controlling
the animal.
[Ord. 226, 2004]
If the Village of Darien Municipal Judge finds the animal is
vicious, the Village-incurred costs of impoundment, including any
testing or other abatement measurers, shall be paid by the owner or
the person controlling the animal and may become a lien against the
real property upon which the animal was kept if such property is owned
by the owner of such animal and maintained until the assessment is
paid. If the order includes the release of the animal found to be
vicious to the owner or person controlling it, the animal shall not
be released until such costs have been paid in full. If such costs
have not been paid within 30 days after the date of certified mailing
or delivery of the order to the owner of the animal, the Village of
Darien may dispose of the animal in any manner provided by law.
[Ord. 226, 2004]
The assessment shall be due and payable within 60 days after
the date of mailing or delivery of the order. If the assessment is
not paid on or before such date, the total amount thereof shall be
entered on the next fiscal year tax roll as a lien against the property
upon which the animal was maintained if such property is owned by
the owner of such animal and shall be subject to the same penalties
as are provided for other delinquent taxes or assessments of the county,
or an action may be brought in the name of the Village to recover
the assessment. These collection remedies shall exist in addition
to the other statutory remedies of the Municipal Court to collect
forfeitures/assessments.
[Ord. 226, 2004]
A violation of any order issued pursuant to Section 6.05.070 of this chapter shall constitute a violation of the Village of Darien municipal ordinance and is punishable by a fine of not less than $100 or more than $1,200.
