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Village of Grafton, WI
Ozaukee County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Village Board of the Village of Grafton by Ord. No. 015, Series 2004 (Title 6, Ch. 6.08, of the 1979 Code). Amendments noted where applicable.]
The provisions of Ch. 174, Wis. Stats., and all subsequent amendments and modifications thereof, are incorporated herein by reference.
In this chapter, unless otherwise noted, the following terms and phrases shall have the meanings ascribed to them in this section:
AT LARGE
An animal off the premises of its owners and on any public street or alley, school grounds, a public park or other public grounds, or on private property without the permission of the owner of the person in lawful control of the property.
CAT
All domesticated members of the felis domestica family, male or female.
DANGEROUS ANIMAL
Any animal which:
A. 
When unprovoked, bites or otherwise inflicts bodily harm on a person, domestic pet or animal on public or private property.
B. 
Chases or approaches a person in a menacing fashion or apparent attitude of attack without provocation upon the streets, sidewalks or any public grounds or on private property without the permission of the owner or person in lawful control of the property.
C. 
An animal shall not be deemed "dangerous" if it bites, attacks or menaces any person or animal to:
1. 
Defend its owner, caretaker or other person from attack by a person or animal;
2. 
Protect its young or another animal;
3. 
Defend itself against any person or animal which has tormented, assaulted or abused it; or
4. 
Defend its owner's or caretaker's property against trespassers, unless the animal, without provocation, inflicts substantial bodily harm on a person.
DOG
All domesticated members of the canis familiaris family, male or female.
DOMESTICATED ANIMAL
Any bird or animal of any species which usually lives in or about the habitation of humans as a pet or animal companion or which is usually raised and tended by humans in order to contribute to the support of a family or the wealth of the community. This term does not include a dangerous animal or prohibited dangerous animal.
FERRET
A small mammal belonging to the weasel family, including the domestic ferret and the black-footed ferret.
OWNER
Includes any person, firm or corporation owning, harboring, sheltering or keeping a dog or cat or any occupant of any premises on which a dog or cat remains or to which it customarily returns daily for a period of 10 days is presumed to be harboring or keeping the dog or cat within the meaning of this chapter.
WATERFOWL
Any bird that frequents the water, or lives about rivers, lakes, etc., or on or near the sea; an aquatic fowl; birds that are ecologically dependent upon wetlands for their food, shelter or reproduction, including but not limited to ducks, geese and swans.
A. 
No person may keep, harbor, shelter or possess at any time more than five dogs or cats, or combination thereof, except that no person shall keep, harbor, shelter or possess more than three dogs which are over the age of five months unless the person holds a valid kennel license.
B. 
In determining the limitations on the numbers of dogs and cats, as provided in Subsection A above, any specific dog or cat which was owned and/or licensed on or before the effective date of this chapter will be grandfathered in. Any owner having more than five dogs or cats, or any combination as indicated in this section, on or before the effective date of this chapter will comply with this chapter as the excess dog or cat dies, is given away or is sold.
C. 
The limit provisions of this section shall not apply to a litter of pups or kittens which may be kept for not more than 16 weeks from birth.
No person residing in the Village of Grafton shall own, keep, harbor or have custody or possession of any dog or cat of more than five months of age unless a license has been obtained.
A. 
Every owner of a dog more than five months of age on January 1 of any year, or five months of age within the license year, shall annually or on or before the date the dog becomes five months of age obtain a license for each dog in the owner's possession. The license shall remain in effect until December 31 of the year in which it is obtained.
B. 
A certificate issued by a licensed veterinarian, indicating that the dog has been currently immunized for rabies, shall be presented to the Village Director of Administrative Services in order to obtain a license.
C. 
The dog license fee shall be as established by § 174.05(2), Wis. Stats., with an additional amount as set from time to time by the Village Board. A late fee shall be charged after March 31 of each year.
[Amended by Ord. No. 013, Series 2008; at time of adoption of Code (see Ch. 1.01, Code Adoption)]
D. 
With the exception of the license fee, the provisions of this section shall apply to dogs specially trained to lead blind or deaf persons or to provide support for mobility-impaired persons.
A. 
Every owner of a cat more than five months of age on January 1 of any year, or five months of age within the license year, shall annually or on or before the date the cat becomes five months of age obtain a license and comply with Ch. 174, Wis. Stats., as though said statutes were equally applicable to cats insofar as they apply to the listing, licensing and tagging of such cats.
B. 
A certificate issued by a licensed veterinarian, indicating that the cat has been currently immunized for rabies, shall be presented to the Village Director of Administrative Services in order to obtain a license.
C. 
Such cat license fee shall be the same as the fee established for a dog license.
No person shall feed waterfowl of any type within any park or other public area of the Village.
A. 
Food and water. No person owning or having custody of any animal, reptile, snake or bird may neglect or fail to provide it with necessary nourishing food at least once daily and provide a constant supply of clean water to sustain the animal, reptile, snake or bird in good health.
B. 
Shelter. No person may fail to provide any animal or bird in his or her charge with shelter from inclement weather to ensure the protection and comfort of the animal or bird.
1. 
When sunlight is likely to cause overheating or discomfort to any animal or bird, shade shall be provided by natural or artificial means to allow protection from the direct rays of the sun, but still allow air to pass to keep the animal cool.
2. 
Dogs and cats kept outdoors for more than one hour at a time shall be provided with a moistureproof and windproof shelter of a size which allows the animal to turn around freely and to easily sit, stand and lie in a normal position and to keep the animal clean, dry and comfortable. Whenever the outdoor temperature is at or below 40° F., clean dry bedding material shall be provided in such shelters for insulation and to retain the body heat of the animal.
3. 
Motor vehicles or garages shall not be used as proper shelter under the provisions of the section, except that during the winter months a shelter structure may be placed inside a garage for additional protection from the elements.
4. 
Any area where an animal is housed or allowed to remain shall be kept clean of feces, animal waste and other substances in order to keep the animal healthy and comfortable.
C. 
Cruelty.
1. 
No person shall directly or indirectly beat, frighten, overburden, neglect or abuse any animal, reptile, snake or bird, or use any device or chemical substance by which pain, suffering or death may result, whether the animal or bird belongs to the person or another, except that reasonable force may be used to drive off dangerous or trespassing animals, excluding treatment by a veterinarian or euthanasia and except the legal use of mace or similar substance.
2. 
The owner of any animal, reptile, snake or bird shall be responsible to provide treatment to any ill or injured animal. No person shall abandon any animal, reptile, snake or bird or transport any animal, reptile, snake or bird in a cruel manner.
A. 
It is unlawful for any person to cause or permit a dog, cat, ferret or other domesticated animal to be on property, public or private, not owned or possessed by such person, unless such person has in his immediate possession an appropriate device for scooping excrement and an appropriate depository for the transmission of excrement to a receptacle located upon property owned or possessed by such person. This section shall not apply to a person who is visually or physically handicapped.
B. 
All pens, yards, structures or areas where animals are kept shall be maintained in a reasonably safe and sanitary condition. Maintenance shall include the regular removal and disposal of defecation so as not to attract insects or rodents, or to become unsightly or cause objectionable odors, or to result in any condition recognized as a nuisance by this Code or by any other common or statutory law.
C. 
Properties located in the A-1 (Prime Agriculture), A-2 (Agriculture) or A-3 (Agricultural Holding) Zoning Districts shall be maintained in as sanitary condition as possible.
No person shall own, keep, have in their possession or harbor any animal which:
A. 
Has not been licensed as required by this chapter;
B. 
Habitually pursues any vehicle upon any public street, alley or highway;
C. 
Habitually or frequently barks, yelps, howls or makes any other noise which would unreasonably disturb or annoy a person of ordinary sensibilities;
D. 
Which, while away from the owner's premises, causes property damage or injury to any licensed dog or cat, domestic animal or other desirable wildlife; or
E. 
Has been determined to be dangerous.
1. 
Any dog, cat, ferret or other domesticated animal that has caused serious injury to a person or persons on two separate occasions off the owner's premises, without reasonable cause, may be destroyed as a result of judgment rendered by a court. Provocation of the dog by the person who is bitten may be considered in mitigation, and if the amount of provocation is substantial, the court in its discretion may accept the provocation as a defense.
2. 
Any concerned person may initiate action against the owner of an animal he/she believes is dangerous by following the complaint procedure outlined in this chapter.
A. 
It shall be unlawful for any person owning or possessing any dog, cat or other domesticated animal to permit the same to run at large. Any such animal found at large shall be deemed to be so with the permission or sufferance of the owner.
B. 
It shall be unlawful for any person. except the owner of said animal or his agent, to open any door or gate of any private premises or to otherwise entice or enable any dog or cat to leave any private premises for the purpose or with the result of setting such dog or cat at large.
C. 
An animal shall not be considered to be running "at large" if:
1. 
It is attached to a leash of sufficient strength to restrain the dog or cat, the leash is not more than six feet in length, and provided said leash is held by a person physically able to control it.
2. 
When properly restrained within a motor vehicle, provided such vehicle is property ventilated for the animal's safety.
3. 
When not more than 50 feet from the owner or his agent competent to govern such dog or cat at such distance, if such dog or cat is not annoying or worrying pedestrians or trespassing on private property or public areas where dogs and cats are forbidden.
D. 
No dog or cat shall be permitted in any cemetery, parks, beaches or any swimming areas open to the public in the Village.
A. 
No dog, cat or other domesticated animal shall run at large or be abandoned on any public or private lands within the Village. Any person may seize or impound such animal found at large. The fact that a dog or cat is without a proper license tag attached to its collar shall be presumptive evidence that it is unlicensed. Every duly authorized officer of the Grafton Police Department or humane officer finding a dog, cat or other animal at large shall seize such animal and impound it in the place provided therefor and authorized by the Village. Whenever any unlicensed dog or cat is so impounded and delivered to the proper officer of the Village, said officer shall give notice thereof to the owner, if known, of such unlicensed dog or cat within 12 hours of impoundment. Such notice shall be sufficient if given verbally to the owner, keeper or member of the owner's or keeper's family over 16 years of age.
B. 
The possession of any licensed or unlicensed dog or cat so seized or impounded may be obtained by the owner upon payment to the Ozaukee Humane Society, plus the daily boarding fee imposed by the authorized agency for keeping such dog or cat for each day, or fraction thereof, during which time said dog or cat was impounded. The possession of any unlicensed dog or cat may be obtained by the owner or owner's agent after obtaining the required license and paying the appropriate fee to the Village Director of Administrative Services, as provided in this chapter.
A. 
Any animal that has been impounded for a minimum of seven days that has not been reclaimed by its owner may be disposed of by the proper agency in the most humane manner available or per the policy established by the Ozaukee Humane Society but not in less than seven days.
B. 
Carcasses of animals must be disposed of in a sanitary manner within 24 hours after death. If possible, the Village will notify the owners of said animal of the disposal of their animal.
C. 
Whenever in the opinion of any law enforcement officer an animal is hopelessly injured or diseased so as to be beyond the probability of recovery, it shall be lawful for such officer to kill such animal.
A. 
The owner of any dog or cat shall be responsible to have such animal vaccinated at periodic intervals to ensure effective immunization against rabies at all times. Proof of such immunization shall be evidenced by a certificate of immunization from a licensed veterinarian presented at time of licensing or renewal.
B. 
Any officer of the Grafton Police Department may impound any animal which he/she believes from appearance and conduct to be infected with rabies.
C. 
Any person who shall suspect that any animal is infected with rabies shall report his/her suspicion to the appropriate Village Health Inspector, describing the animal and giving the name of the owner, if known. Any such animal shall, upon demand of the Village Health Inspector, be delivered to the Inspector. If upon examination by the Village Health Inspector the animal is suspected of being infected with rabies, the animal may be killed by an officer of the Grafton Police Department or humane officer in the most humane manner and in a manner which avoids damage to the animal's head.
[Amended at time of adoption of Code (see Ch. 1.01, Code Adoption)]
D. 
During the time that this Village or any part thereof shall be quarantined for rabies, pursuant to the provisions of § 95.21, Wis. Stats., or any other provisions of the law, all dogs and cats within the district so quarantined shall be securely confined, tied, leashed or muzzled. Any dog or cat not kept securely confined, tied, leashed or muzzled is declared to be a public nuisance and shall be impounded by any humane officer, police officer, or other person as designated by the Grafton Police Department.
Any owner of any dog or cat which has bitten any person shall cause the dog or cat to be confined and isolated for a period of at least 10 days. This quarantine may be on the premises of the owner if the animal is immunized currently against rabies. Notice of such bite shall be made to the Village Health Inspector, immediately, in writing. The Village Health Inspector may order such dog or cat to be immediately examined by a trained individual or, at the owner's expense, by a licensed veterinarian. Said examiner shall issue to the Village Health Inspector and/or Police Department a certified statement of determination as to whether or not the dog or cat is infected with rabies. A dog or cat will be released from confinement only after a determination that it is free from rabies and a proper written release is obtained from the Village Health Inspector, Police Department or humane officer, upon demand. If quarantine cannot be imposed because the dog or cat cannot be captured, the officer may kill the animal. The officer may kill a dog or cat only as a last resort or if the owner agrees. The officer shall attempt to kill the animal in a humane manner which avoids damage to the animal's head.
It shall be unlawful for any person to willfully tease, taunt, torment, strike, kick, mutilate, disable or otherwise injure or kill or to interfere or to meddle with any dog or horse which animal is being utilized by a law enforcement official in the performance of any function or duty of said law enforcement officer.
A. 
Any adult person(s) may seek relief from a problem resulting from a violation of this chapter by filing a written complaint to the Grafton Police Department or Village Health Inspector. Such written complaint shall contain:
1. 
Name and address of complainant(s);
2. 
Description of animal responsible for violation;
3. 
Name and address of the owner of the animal;
4. 
Description of alleged violation; and
5. 
Dates, times and length of times alleged violation occurred.
B. 
Upon receipt of the written complaint, the Grafton Police Department or Village Health Inspector will notify the owner of the animal in question, in writing, of the alleged violation and provisions of this section.
C. 
If the violation persists, the complainant(s) shall submit a written petition to the Village Attorney for commencement of prosecution to obtain compliance with the requirements of this chapter. Such written petition shall include a thorough explanation of the violation and include the following information:
1. 
Date reported to the Grafton Police Department or Village Health Inspector.
2. 
Statement that the petitioners will be willing to sign a written complaint and to testify in court, if necessary.
[Amended at time of adoption of Code (see Ch. 1.01, Code Adoption)]
The Grafton Police Department, Village Health Inspector or the Ozaukee Humane Society may enforce any provision of this chapter and is authorized to confiscate and remove animals from premises for a violation of any part of this chapter. Animals removed because of such action may be stored or disposed of in a humane manner by the Ozaukee Humane Society or designee. Probable cause that such a violation exists is sufficient reason to confiscate such animal. Conviction of a violation is not required.
[Amended at time of adoption of Code (see Ch. 1.01, Code Adoption)]
Any person who shall violate any provisions of this chapter shall, upon conviction thereof, be subject to the general penalty in Chapter 1.08 of this Code.