Village of Greenville, WI Article III Dangerous Animals

[Adopted 5-14-2012 by Ord. No. 56; amended in its entirety 7-22-2019 by Ord. No. 08-19]

§ 76-16 Statutory authority.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

The Village Board of Trustees of the Village of Greenville, Outagamie County, Wisconsin, hereby adopts the provisions of Chapter 174 of the Wisconsin Statutes for animal control in the Village of Greenville, Outagamie County, Wisconsin, as described herein.

§ 76-17 Purpose.

The purpose of this article is to regulate animal control within the Village of Greenville, Outagamie County, Wisconsin.

§ 76-18 Definitions.

In this article, unless the context or subject matter requires otherwise, the following definitions shall be applicable:

ANIMAL

Any live, vertebrate creature, domestic or wild.

BODILY HARM

Bodily injury, including, but not limited to, a laceration requiring stitches, any fracture of a bone, a concussion, a loss or fracture of a tooth or any temporary loss of consciousness, sight or hearing.

CARETAKER

Any person who, in the absence of the owner, temporarily harbors, shelters, keeps or is in charge of a dog, cat or any other domesticated bird or animal.

DANGEROUS ANIMAL

Any of the following:

A. Any animal which, when unprovoked, inflicts bodily harm on a person, domestic pet or animal on public or private property.

B. Any animal which repeatedly chases or approaches persons in a menacing fashion or apparent attitude of attack, without provocation, upon the streets, sidewalks or any public grounds or on private property of another without the permission of the owner or person in lawful control of the property.

C. Any animal with a known propensity, tendency or disposition to attack, to cause injury to, or otherwise threaten the safety of humans or other domestic pets or animals.

DOMESTIC ANIMAL

Any animal which normally can be considered tame and converted to home life.

ENFORCEMENT OFFICER

Includes Outagamie County Sheriff's Department, Greenville Animal Control Officer, Village Clerk, Village Administrator, Village President or his/her designee.

OWNER

Any individual that has the right of property in an animal or who keeps, harbors, cares for, acts as its custodian or who knowingly permits an animal to remain on or about his premises/property for 10 or more consecutive days.

PROHIBITED DANGEROUS ANIMAL

Any of the following:

A. Any animal that is determined to be a prohibited dangerous animal under this article.

B. Any animal that, while off the owner or caretaker's property, has killed a domesticated animal without provocation.

C. Any animal that, without provocation, inflicts serious bodily harm on a person on public or private property.

D. Any animal brought from another city, village, town or county that has been declared dangerous or vicious by that jurisdiction.

E. Any dog that is subject to being destroyed under § 174.02(3), Wis. Stats.

F. Any dog trained, owned or harbored for the purpose of dogfighting.

SERIOUS BODILY HARM

Bodily injury which creates a substantial risk of death, or which causes serious permanent disfigurement, or which causes a permanent or protracted loss or impairment of the function of any bodily member or organ or other serious bodily injury.

§ 76-19 Procedure for declaring animal dangerous.

A. Upon conducting an investigation, the Enforcement Officer may issue an order declaring an animal to be a dangerous animal. Whenever an owner or caretaker wishes to contest an order, he or she shall, within 72 hours after receipt of the order, deliver to the Village Administrator a written objection to the order, stating specific reasons for contesting the order. Upon receipt of the written objection, the matter shall be placed on the agenda for a special meeting of the Board of Appeals. The Board of Appeals shall act as a quasi-judicial body allowing the animal's owner or caretaker an opportunity to present evidence as to why the animal should not be declared dangerous.

B. After the special meeting, the owner or caretaker shall be notified, in writing, of the Board of Appeals's determination. If the Board of Appeals upholds the determination that the animal is dangerous, the owner or caretaker shall comply with the requirements of § 76-20. If the owner or caretaker further contests the determination, he or she may, within five days of receiving the Board of Appeals's decision, seek review of the decision by the Village Board.

C. Upon an animal being declared dangerous, the owner or caretaker shall immediately comply with leashing, muzzling and confinement requirements of § 76-20, with all other requirements in that section being satisfied within 30 days of the dangerous declaration or reaffirmation thereof, or within such time as established by the Village Board.

§ 76-20 Harboring dangerous animals.

A. Dangerous animals regulated.

(1) No person may harbor or keep a dangerous animal within the Village unless all provisions of this section are complied with. Any animal that is determined to be a prohibited dangerous animal under this section shall not be kept or harbored in the Village.

(2) If any dangerous animal cannot be safely captured and impounded, and such animal poses an imminent threat to a human or another animal, such animal may be destroyed by any law enforcement officer.

(3) The issuance of a citation for a violation of this section need not be predicated on a determination that an animal is a dangerous animal.

B. Registration. The owner of any animal declared dangerous shall register it with the Enforcement Officer upon disposition and annually thereafter, on or before April 1 of each year, by providing a current color photograph of the animal and payment of a registration fee in an amount as set from time to time by resolution of the Village Board.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

C. Leash and muzzle.

(1) No owner or caretaker harboring or having the care of a dangerous animal may permit such an animal to go outside its dwelling, kennel or pen unless the animal is securely restrained with a leash no longer than four feet in length.

(2) No person may permit a dangerous animal to be kept on a chain, rope or other type of leash outside its dwelling, kennel or pen unless a person who is 16 years of age or older, competent to govern the animal and capable of physically controlling and restraining the animal, is in physical control of the leash.

(3) A dangerous animal may be securely leashed or chained to an immovable object, with the owner or caretaker being in the physical presence of the animal at all times when it is so leashed or chained.

(4) A dangerous animal outside of the animal's dwelling, kennel or pen shall be muzzled in a humane way by a muzzling device sufficient to prevent the animal from biting persons or other animals.

D. Confinement.

(1) Except when leashed and muzzled, all dangerous animals shall be securely confined indoors or in a securely enclosed and locked pen or kennel that is located on the premises of the owner or caretaker and constructed in a manner that does not allow the animal to exit the pen or kennel on its own volition.

(2) When constructed in a yard, the pen or kennel shall, at minimum, be constructed to conform to the requirements of this subsection. The pen or kennel shall be childproof from the outside and animal-proof from the inside. A strong metal double fence with adequate space between fences of at least two feet shall be provided so that a child cannot reach into the animal enclosure. The pen, kennel or structure shall have secure sides and a secure top attached to all sides. A structure used to confine a dangerous animal shall be locked with a key or combination lock when the animal is within the structure. The structure shall either have a secure bottom or floor attached to the sides of the pen or the sides of the pen shall be embedded in the ground no less than two feet. All structures erected to house dangerous animals shall comply with all Village zoning and building regulations. All structures shall be adequately lighted and ventilated and kept in a clean and sanitary condition.

(3) Indoor confinement. No dangerous animal 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 animal to exit the building on its own volition. No dangerous animal 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 animal from exiting the structure.

E. Signs. The owner or caretaker of a dangerous animal shall display, in prominent places on his or her premises near all entrances to the premises, signs in letters of not less than two inches high warning that there is a dangerous animal on the property. A similar sign is required to be posted on the kennel or pen of the animal. In addition, the owner or caretaker shall conspicuously display a sign with a symbol warning children of the presence of a dangerous animal.

F. Spay and neuter requirement. Within 30 days after an animal has been designated dangerous, the owner or caretaker of the animal shall provide written proof from a licensed veterinarian that the animal has been spayed or neutered.

G. Liability insurance. The owner or caretaker of a dangerous animal shall present to the Enforcement Officer a certificate of insurance that the owner or caretaker has procured liability insurance in an amount not less than $1,000,000 for any personal injuries inflicted by the dangerous animal. Whenever such policy is canceled or not renewed, the insurer and animal's owner or caretaker shall notify the Enforcement Officer of such cancellation or nonrenewal in writing by certified mail.

H. Waiver by Enforcement Officer. Upon request by the owner or caretaker, the Enforcement Officer may waive any requirement specified in Subsections A through G of this section that is deemed inappropriate for a particular animal.

I. Notification.

(1) The owner or caretaker shall notify the Enforcement Officer within 24 hours if a dangerous animal is at large, is unconfined, has attacked another animal or has attacked a human being or has died.

(2) No person may sell or transfer possession of a dangerous animal to another person without first notifying the person to whom the dangerous animal is being sold or transferred of the fact that such animal is a dangerous animal and of any requirements imposed upon the selling or transferring by this article. No person may sell or transfer possession of a dangerous animal to another person, agency, organization or the like without first notifying the Enforcement Officer, in writing, at least three days in advance of the sale or transfer of possession with the name, address and telephone number of the new owner of the dangerous animal. If the dangerous animal is sold or given away to a person residing outside the Village of Greenville, the owner or caretaker shall present evidence to the Enforcement Officer that he or she has notified the Police Department, or other law enforcement agency of the animal's new residence, including the name, address and telephone number of the new owner of the dangerous animal.

J. Euthanasia. If the owner or caretaker of an animal that has been designated a dangerous animal is unwilling or unable to comply with the regulations for keeping the animal in accordance with this section, he or she may have the animal humanely euthanized by an animal shelter, the Humane Society or a licensed veterinarian.

K. Waiver. The Enforcement Officer may waive the provisions of Subsections B to G of this section for a law enforcement or military animal upon presentation by the animal's owner or handler of satisfactory arrangement for safe keeping of the animal.

§ 76-21 Certain animals not be declared dangerous.

Notwithstanding the definition of a dangerous animal in § 76-18:

A. No animal may be declared dangerous if death, injury or damage is sustained by a person who, at the time such injury or damage was sustained, was committing a trespass on the land or criminal trespass on the dwelling upon premises occupied by the owner of the animal; was teasing, tormenting, abusing or assaulting the animal; or was committing or attempting to commit a crime or violating or attempting to violate an ordinance which protects persons or property.

B. No animal may be declared dangerous if death, injury or damage was sustained by a domestic animal which, at the time such was sustained, was teasing, tormenting, abusing or assaulting the animal.

C. No animal may be declared dangerous if the animal was protecting or defending a human being within the immediate vicinity of the animal from an unjustified attack or assault.

D. No animal may be declared dangerous for acts committed by the animal while being utilized by a law enforcement agency for law enforcement purposes while under the control and direction of a law enforcement officer.

§ 76-22 Prohibited dangerous animals.

A. Not allowed in Village of Greenville. No person may bring into or keep in the Village any animal that is prohibited dangerous under this section.

B. Determination of a prohibited dangerous animal.

(1) The Enforcement Officer may determine an animal to be prohibited dangerous animal whenever an animal meets the definition of prohibited dangerous animal or is a dangerous animal in noncompliance with any of the provisions of § 76-20.

(2) Upon finding an animal meets the definition of a prohibited dangerous animal, the Enforcement Officer may issue an order declaring an animal to be a prohibited dangerous animal. Whenever an owner or caretaker wishes to contest an order, he or she shall, within 72 hours after receipt of the order, deliver to the Enforcement Officer a written objection to the order, stating specific reasons for contesting the order. Upon receipt of the written objection, the matter shall be placed on the agenda for the Board of Appeals to be reviewed at the next regular meeting. The Board of Appeals shall act as a quasi-judicial body allowing the animal's owner or caretaker an opportunity to present evidence as to why the animal should not be declared a prohibited dangerous animal.

(3) Pending the outcome of the hearing, the animal may be confined subject to § 173.21, Wis. Stats., or held at a location outside the limits of the Village.

(4) After the hearing, the owner or caretaker shall be notified, in writing, of the Board's determination. If a determination is made that the animal is a prohibited dangerous animal, the owner or caretaker shall comply with Subsection A of this section within five days of the date of determination. If the owner or caretaker further contests the determination, he or she may, within five days of receiving the Board's decision, seek review of the decision by the Circuit Court.

C. Destruction. Any dog that has caused bodily harm to a person, persons or a domestic animal on two separate occasions off the owner's premises, without reasonable cause, may be destroyed as a result of a judgment rendered by a court of competent jurisdiction, as specified under § 174.02(3), Wis. Stats. The Village Attorney may petition an appropriate court to obtain a court order to destroy such a dog.

D. Enforcement. The Enforcement Officer may take whatever inquiry is deemed necessary to ensure compliance with this section.

E. Waiver. The Enforcement Officer may waive the provisions of this section for a law enforcement or military animal upon presentation by the animal's owner or handler of a satisfactory arrangement for safekeeping of the animal.