[HISTORY: Adopted by the Board of Supervisors of Adams County as indicated in article histories. Amendments noted where applicable.]
[Adopted 4-21-1987 by Ord. No. 7-1987]
Except as otherwise specifically provided in this article, the statutory provisions set forth in Ch. 174, Wis. Stats., and the statutory provisions set forth in Ch. 95, § 95.21, Wis. Stats., describing and defining regulations with respect to dogs and animal health, respectively, exclusive of any regulations for which the statutory penalty is a fine or term of imprisonment, are hereby adopted and by incorporation and reference made a part of this article as if fully set forth herein. Any future amendments, revisions or modifications of the statutory regulations in Chapter 174 or Chapter 95, § 95.21, Rabies control program, incorporated herein are intended to be made part of this article.
Any act required to be performed or prohibited by any regulation incorporated herein by reference is required or prohibited by this article.
Any person, firm or corporation violating any provision of this article shall, upon conviction, be required to forfeit not less than $10 nor more than $500, together with the costs of the action, and in default of payment thereof shall be subject to imprisonment in the County jail for a period not to exceed 90 days.
Deposits and stipulations. Persons arrested or cited for violation of this article shall be permitted to make deposits in accordance with the deposit schedule established by the County Board of Supervisors. All deposits shall be made to the Clerk of Circuit Court's office. Any deposit accepted by the Adams County Sheriff's Office shall be brought to the Clerk of Circuit Court's office as soon as possible after receipt thereof.
A person under the age of 18 years violating a provision of this article shall have the citation heard in the court assigned to exercise the jurisdiction under Ch. 48, Wis. Stats. Dispositions of these citations shall be in accordance with Ch. 48, Wis. Stats.
Further, any person under 18 years of age violating a provision of this article may make a stipulation as to guilt or no contest and make a deposit in accordance with Ch. 48, Wis. Stats. Deposits may be brought or mailed to the office of the Clerk of Circuit Court. Any deposit accepted by the Adams County Sheriff's Office shall be brought to the Clerk of Circuit Court's office as soon as possible after receipt thereof.
This article shall be titled and known as the "Adams County Dog and Animal Health Ordinance."
This article shall be enforced by the Adams County Sheriff's Office or persons deputized by the Adams County Sheriff. This article shall apply to any person 14 years of age or older.
[Adopted 7-18-2006 by Ord. No. 34-2006]
Unless specifically defined below, words or phrases used in this article shall be interpreted so as to give them the meaning they have in common usage and to give this article a reasonable application which protects human health and humane treatment of animals. As used in this article, the following terms shall have the meanings indicated:
- Any member of the animal kingdom except human beings.
- ANIMAL CONTROL AGENCY
- The Adams County Sheriff's Office and any other public or private agency delegated authority by the Health and Human Services Board to enforce portions of this article or any public or private agency designated by the state, County Supervisors or a municipality as its animal control agent.
- ANIMAL CONTROL OFFICER
- A designated contractor or officer of the animal control agency.
- BOARD OF SUPERVISORS
- The Adams County Board of Supervisors.
- DANGEROUS ANIMAL
- Includes all animals which are classified in the following animal families, which are subject to amendment by the Board of Supervisors:
- A. Canidae: e.g., wolves, coyotes, foxes, and jackals, within the order Carnivora, but excluding Canis familaris, the domestic dog.
- B. Felidae: e.g., lions, tigers, jaguars, leopards, cougars, lynx, ocelots, and bobcats, within the order Carnivora, but excluding Felis domestica, the domestic cat.
- C. Ursidae: e.g., black bears, brown bears, grizzly bears, and polar bears, of the order Carnivora.
- D. Cercopithecidae: e.g., baboons.
- E. Pongidae: e.g., gibbons, orangutans, chimpanzees, and gorillas.
- F. Hyaenidae: e.g., hyaenas.
- HEALTH AND HUMAN SERVICES (HHS) BOARD
- The Adams County Health and Human Services Board.
- HEALTH DEPARTMENT
- The Adams County Heath and Human Services (HSS) – Public Health Unit.
- HEALTH OFFICER
- The Manager of HSS – Public Health Unit, or his/her authorized representative.
- The act of confining, harboring, maintaining, owning, or sheltering an animal.
- Any person confining, harboring, keeping, maintaining or sheltering an animal.
- Any agency, association, business, club, company, corporation, firm, individual, institution, organization, partnership, syndicate, trust, trustee or any federal, state or local governmental agency or instrumentality or other entity recognized by the law as the subject of rights and duties. The feminine, masculine, singular or plural is included in any circumstance.
- VICIOUS ANIMAL
- An animal that has attacked and/or bitten a person without provocation.
- A. Dogs used in security or police work shall not be classified as vicious dogs if a bite or bites occur while the dog is actually performing in such a capacity.
- B. Dogs shall not be classified as vicious dogs if a bite or bites are inflicted upon a person who is at the time of the bite or bites engaged in a criminal act against the person or property of another.
- C. Animals used in agriculture, as defined by the United States Department of Agriculture, shall not be considered dangerous animals.
No persons shall keep a dangerous animal in Adams County except as allowed by § 145-7.
The prohibition contained in § 145-6 of this article shall not apply to the keeping of dangerous animals in Adams County in secure containment under these circumstances:
Dangerous animals kept at state-licensed veterinary hospitals, humane societies, licensed wildlife rehabilitators or animal control pounds for treatment or impoundment purposes.
Dangerous animals kept by federal, state, County and municipal authorities and their designees or veterinarians pursuant to the enforcement of this article or any animal control ordinance.
Dangerous animals kept by governmental agencies, colleges or universities accredited by the North Central Association Commission on Accreditation and School Improvement, medical institutions or research laboratories for instructional or research purposes.
Dangerous animals kept in zoos owned and operated by a municipality.
Dangerous native animals kept in licensed game farms or for fur pelting businesses on properly zoned land.
Dangerous animals commercially exhibited for 10 days or less.
Animals being commercially transported through Adams County.
The animal control officer may seize and remove any dangerous animal that is not kept under circumstances authorized in § 145-7 of this article or which is not confined under United States Department of Agriculture standards (9 CFR 3.127). Any dangerous animals seized may be euthanized by the animal control officer. The owner or keeper of a seized dangerous animal may be assessed for any costs incurred for capturing, maintenance, or euthanizing the animal.
A dangerous animal that kills or causes serious injury to a human being shall be immediately surrendered to the animal control officer.
No person shall continue to own or keep a vicious animal in Adams County. Upon written notice by a health officer, an animal alleged to be vicious shall be surrendered to the animal control officer. Unless a written authorization for euthanasia is signed by the owner at the time of surrender, the animal shall be held for two working days after surrender, with the cost of confinement being assessed against the owner.
An owner of a dangerous animal which has been seized may request that the Adams County Circuit Court review the seizure. If an owner requests review of the seizure of a dangerous animal, the animal shall remain in the custody of the animal control agency during the pendency of the proceedings and the cost of confinement shall be assessed against the owner.
Confinement of an animal shall be at a facility approved by the animal control agency.
No person may suffer or permit a dangerous animal to be at large in Adams County.
Any uncontrolled dangerous animal may be apprehended and impounded by the animal control officer. The animal control officer shall have the right to enter upon private property when it is necessary to apprehend an uncontrolled dangerous animal. Such entrance upon private property shall be in reasonable pursuit of an animal and shall not include entry into a domicile unless it be at the invitation of the occupant. An animal control officer denied entry to a domicile may initiate procedures regarding issuance of a search warrant.
Any peace officer or animal control officer may humanely destroy an uncontrolled dangerous animal if apprehension of the animal would pose a risk of injury to the officer.
The animal control officer may euthanize a diseased or injured uncontrolled dangerous animal. The animal shall first be examined by a licensed veterinarian and the veterinarian shall determine whether or not euthanization is required. A reasonable attempt to locate and notify the owner of the animal will be made prior to euthanizing the animal.
If the disease or injury to the uncontrolled dangerous animal is of such severity that the animal could not humanely be treated, or the animal has a contagious or fatal disease as determined by the examining veterinarian, the animal may be euthanized immediately without an attempt to locate or notify the owner. The owner shall subsequently be notified, if possible.
Nothing in this article absolves the keeper of an animal that inflicts injury to a person or property from financial responsibility for the animal's actions. Adams County is not, by undertaking the enforcement of this article, creating any duty to third parties.
It shall be the duty of the Health Officer to enforce provisions of this article, and this duty may be delegated to his/her authorized representative.
In addition to and without prejudice to the remedies contained herein, violation of the provisions of this article or failure to comply with any of its requirements shall make the keeper of the animals subject to one or more of the following actions and/or penalties:
Commencement of legal action against the keeper of the animal seeking a court-imposed forfeiture (maximum fine of $500 per each 10 days of violation).
Commencement of legal action against the keeper of the animal seeking an injunction to abate the violation and/or correct the damage created by it.