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Village of Whitefish Bay, WI
Milwaukee County
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[Adopted by Ord. No. 1415 (Sec. 15.11 of the Codification)]
[Amended by Ord. No. 1785]
A. 
Definition of dangerous dog. Any dog shall be categorized as a dangerous dog if it fits into any of the following categories:
(1) 
Any dog which, when unprovoked, bites a person or a domestic pet or animal, whether on public or private property.
(2) 
Any uncontrolled dog which chases or approaches a person without provocation in a manner which threatens the safety of humans or domestic pets or animals.
(3) 
Any dog with a demonstrated propensity, tendency or disposition to attack, to cause injury to, or to otherwise threaten the safety of humans or domestic pets or animals. This category shall include a security dog which has been trained to attack.
(4) 
Any dog not in strict conformity with the rabies control program of the Village as established by this Village Code.
B. 
Definition of vicious dog. Any dog shall be categorized as a vicious dog if it fits into any of the following categories:
(1) 
Any dog that, according to the records of a health department, police department, or humane society or according to any other records available to the Police Department, has directly inflicted any physical injury that resulted in broken bones or lacerations requiring sutures on a human being without provocation on public or private property.
(2) 
Any dog that has killed a domestic pet or animal without provocation while off its owner's property.
(3) 
Any dog, having been previously found to be dangerous and its owner having been given notice of the dangerous action, upon the dog biting, attacking or endangering the safety of humans, domestic pets or animals.
C. 
Exceptions. A dog shall not be categorized as dangerous or vicious if it bites, attacks or menaces any person, domestic pet or animal in order to:
(1) 
Defend its owner, caretaker or another person from an attack by a person or animal.
(2) 
Protect itself, its young or another animal.
(3) 
Defend itself against any person or animal which has tormented, assaulted or abused it.
(4) 
Defends its owner's or caretaker's property against trespassers.
D. 
Determination of vicious dog.
(1) 
Upon investigation, if an animal officer, law enforcement officer, or humane officer determines that a dog fits into any of the categories of Subsection A or B, the officer may declare the dog to be a dangerous or vicious dog as appropriate. The officer shall immediately inform the owner or caretaker in writing by personal service or by regular mail of said determination. If an owner or caretaker contests the designation of the dog as dangerous or vicious, the Chief of Police or the Chief's designee shall convene a hearing. At the hearing, the owner or caretaker shall have the opportunity to present evidence as to why the dog should not be declared dangerous or vicious. The hearing shall be held promptly within no less than five days and no more than 10 days after service of notice upon the owner or caretaker of the dog.
(2) 
Pending the outcome of the hearing, the dog must be securely confined in a humane manner either on the premises of the owner or caretaker or with a licensed veterinarian.
(3) 
After the hearing, the owner or caretaker shall be notified in writing of the determination. If a determination is made that the dog is dangerous or vicious, the owner or caretaker shall comply with this article in accordance with a time schedule established by the Chief of Police, but in no case more than 30 days after the date of determination. If the owner or caretaker further contests the determination, he or she may appeal the decision within five days of receiving the decision to the Board of Appeals. If the Board of Appeals affirms the determination that the dog is dangerous or vicious, the owner or caretaker shall comply in accordance with a time schedule established by the Board of Appeals. In the absence of a time schedule being established by the Board of Appeals, the owner or caretaker shall comply in accordance with the time schedule previously established by the Chief of Police.
E. 
Regulation of dangerous and vicious dogs.
(1) 
The owner or caretaker of any dog determined to be dangerous pursuant to the provisions of this article shall be required to maintain actual control of the dog by indoor confinement, secure fencing or enclosure, tether which does not extend beyond property lines or into the right-of-way, or a leash securely fastened to the dog and held and managed by an owner or caretaker of sufficient strength and ability to control the dog.
(2) 
The owner or caretaker of any dog determined to be vicious pursuant to the provisions of this article shall comply with the following regulations:
(a) 
Leash and muzzle.
[1] 
No person owning, harboring or having care of a vicious dog may permit such dog to go outside of its kennel or pen unless the dog is securely leashed on a leash, no longer than four feet in length.
[2] 
No person may permit a vicious dog to be kept on a chain, rope, leash or similar restraining device outside its kennel or pen unless a person competent to govern the animal is in physical control of the restraining device and remains in position to control the dog at all times. The dog may not be leashed to inanimate objects such as trees, posts and buildings.
[3] 
A vicious dog outside the dog's kennel shall be muzzled in a humane way by a muzzling device sufficient to prevent the dog from biting persons or other animals. A vicious dog shall not be required to be muzzled when either shown in a sanctioned American Kennel Club Show or upon prior written approval by the Director of Public Safety or his designee.
(b) 
Confinement.
[1] 
All vicious dogs shall be securely confined indoors or in a securely enclosed and locked pen or kennel on the premises of the owner or caretaker, except when leashed and muzzled. When constructed in an open yard, the pen or kennel must be childproof from the outside and dogproof from the inside. A strong metal double fence with adequate space between fences (at least two feet) must be provided so that a child cannot reach into the dog enclosure. The pen, kennel or structure shall have secure sides and a secure top attached to all sides. A structure used to confine a vicious dog shall be locked with a key or combination lock when the dog is within the structure. The structure shall have a secure bottom or floor attached to the sides of the pen or the sides of the pen must be embedded in the ground no less than two feet. All structures erected to house vicious dogs shall comply with all zoning and building regulations of the Village. All structures shall be adequately lighted and ventilated and kept in a clean and sanitary condition.
[2] 
No vicious dog may be kept on a porch, patio or in any part of a house or structure on the premises of the owner or caretaker that would allow the dog to exit the building on its own volition, except through a door leading directly to a pen or kennel meeting all of the requirements of this subsection. No vicious dog may be kept in a house or structure when the windows are open or when screen windows or screen doors are the only obstacle preventing the dog from exiting the structure.
(c) 
Liability insurance or surety bond. The owner or caretaker of a vicious dog shall present to the Health Department or Police Department proof that the owner or caretaker has procured liability insurance in the amount of at least $100,000, insuring the owner for any personal injuries inflicted by the vicious dog. In lieu of the liability insurance requirement, the owner or caretaker of a vicious dog may present evidence of a surety bond in the sum of at least $100,000, payable to any person injured by a vicious dog.
(d) 
Signs. The owner or caretaker of a vicious dog shall display, in prominent places on his or her premises near all entrances to the premises, signs in letters of no less than two inches high warning that there is a vicious dog on the property. A similar sign is required to be posted on the kennel or pen of the dog.
(e) 
Notification. The owner or caretaker shall immediately notify the police department if a vicious dog is on the loose, is unconfined, has attacked another animal, has attacked a human being, has died, has been sold or has been given away. If the vicious dog has been sold or given away, the owner or caretaker shall also provide the Police Department with the name, address and telephone number of the new owner of the vicious dog. If the vicious dog is sold or given away to a person residing outside the Village, the owner or caretaker shall present evidence to the Police Department showing that he or she has notified the Police Department or other law enforcement agency of the dog's new residence.
F. 
Removal. If the owner or caretaker of a dog that has been designated vicious is unwilling or unable to comply with the regulations for keeping the dog in accordance with this article, he or she shall remove the dog from the Village, with the dog only being allowed to be returned if there is compliance with all regulations of this article.
G. 
Inspection. The health department or police department will make whatever inquiry is deemed necessary to insure compliance with this article.
H. 
Exemption. This article does not apply to dogs used while in the line of duty by the police department, any other law enforcement agency or unit of the United State Military Service.
[Amended by Ord. No. 1476]
A. 
Number of dogs limited. No person or persons living together as a single housekeeping unit shall own or keep more than two dogs. However, in addition, when puppies have been born or sired by a dog in residence with the owner or caretaker, such puppies may be kept up to an age of five months.
B. 
Dog licenses and collar tags. Every dog shall be licensed pursuant to the provisions of Wis. Stats. § 174.05. All dogs, their owners and caretakers shall be subject to the provisions of Wis. Stats. § 174.07 in regard to dog licenses and collar tags, including, but not limited to, the requirement that the owners shall securely attach the tag to a collar and a collar with the tag attached shall be kept on the dog for which the license is issued at all times except for the circumstances set forth in that said statutory section. Humane officers, licensed by the State of Wisconsin, are hereby authorized to issue Village citations to Village residents for violation of this article.
C. 
Registration of security dogs. Any dog which is trained as a security dog and which is hired by an owner of premises within the Village for the purpose of guarding or securing said property shall be registered with the police department. An annual registration fee as set from time to time by the Village Board shall be paid, said fee to be in addition to the dog license fee. The owner of the dog and the owner of the premises shall be jointly responsible for said registration. In addition to the registration, the owner of the dog or the owner of the premises shall inform the police department as to the specific day or days when the dog will be present on the premises. Security dogs shall also be subject to all other provisions of this Article VII.
[Amended at time of adoption of Code (see Ch. 17, Village Code and Ordinances, Art. I)]
D. 
Dogs trained for fighting prohibited. No dog shall be kept within the Village which has been trained, owned or harbored for the purpose of dog fighting.
E. 
Dog scoop.
(1) 
Any person in control of a dog who takes the dog off of the premises of the dog's owner or caretaker shall have a dog scoop, bag or container in hand or on their person of sufficient size to immediately remove fecal matter deposits from the public ways and from the property of any other person deposited without the other person's knowledge and consent.
(2) 
No person shall place said fecal matter wrapped or unwrapped in a storm catch basin of the Village, nor wrapped or unwrapped in private trash receptacles of persons other than the person collecting the fecal deposit, the dog's owner or caretaker, nor unwrapped in a public receptacle.
F. 
Killing of dogs prohibited. No dog may be killed within the Village except as provided by Wis. Stats. §§ 174.01 and 174.02.
G. 
Dog running at large. No dog shall run at large and no owner or caretaker shall keep or possess a dog which runs at large. A dog is considered running at large under the following circumstances:
(1) 
A dog is considered to be running at large if it is off the premises of its owner or caretaker and not controlled by the owner, caretaker or some other person by leash not longer than six feet, and that person is of sufficient size and physical stature and condition to control the dog by continuous use of the leash.
(2) 
A dog is considered to be running at large under any condition if it is a public park, on school grounds or any other public areas of this Village. Right-of-way areas for street purposes are not "public areas" for the purpose of this subsection.
(3) 
No dog shall be kept untagged. A dog is considered to be untagged if a valid license is not attached to a secure and well maintained collar which is properly affixed and worn by the dog whenever the dog is outdoors, unless the dog is securely confined in a secure fenced area.
(4) 
The owner or caretaker of a dog which is found to be running at large or found to be untagged may be issued a citation and subject to the penalty as provided; and further, the owner and caretaker of a dog which is found running at large or found to be untagged is responsible for the cost of impoundment, boarding and other expenses related to the Village dog control regulations. Reasonable charges for costs, if unpaid within 30 days of the mailing of an appropriate invoice, are to be added to the yearly property tax bill.
(5) 
The provisions of this Subsection G relate to all dogs. Additional requirements and restrictions related to vicious dogs are as set forth in § 15-31 of this article.
H. 
Barking dogs. No person or caretaker shall own or possess a dog which customarily, frequently or habitually barks or howls to the annoyance of any person or persons.
A. 
Quarantine. An officer of the Police Department, Health Department or the Humane Society shall order a dog quarantined if the officer has reason to believe that the dog bit a person, is infected with rabies or has been in contact with a rabid animal. For the purposes of this subsection, a bite shall be defined as any penetration of the top layer of skin by teeth, or scratches, abrasions, open wounds, or mucous membranes contaminated with the saliva of the dog.
B. 
Quarantine period and examination. If a dog is quarantined because there is reason to believe that the dog bit a person, the dog shall be kept under strict isolation under the supervision of a veterinarian for at least 10 days after the incident occurred. The supervision of a veterinarian shall include an examination of the dog on the first day of isolation, on the last day of isolation and on one intervening day. Dogs that have been exposed to a rabid or suspect animal that cannot be tested by the SHL antibody assay will be required to be revaccinated and restrained by leash or confinement for 60 to 90 days.
C. 
End of quarantine period. If the observation period is not extended and if the veterinarian certifies that the dog has not exhibited any signs of rabies and said letter is filed with the Police Department, the animal may be released from quarantine.
D. 
If rabies confirmed. If the veterinarian determines that the dog exhibits symptoms of rabies during the observation, the dog shall be destroyed in a humane manner. If the dog is suspected to have bitten a person, the veterinarian shall notify the person or person's physician.
E. 
Any owner or caretaker of a dog or any other person who knows that a dog has bitten a person shall report such fact to the Police Department.
F. 
Vaccination. Every owner or caretaker of a dog, in residence in the Village, either permanently or temporarily, over five months of age must be vaccinated for rabies pursuant to the provisions of Wis. Stats. § 95.21. The vaccination tag shall be attached to a collar and the collar with the tag attached shall be kept on the dog at all times except those situations specifically exempted pursuant to Wis. Stats. § 95.21(2)(f).
G. 
Wisconsin statutory provisions. All provisions of Wis. Stats. § 95.21, the rabies control program, are hereby adopted by reference and made a portion of these Code provisions, and all owners and caretakers of dogs shall comply with all said provisions, whether or not specifically enumerated in this Code section.