Village of Elm Grove, WI Article I Dogs

[Adopted 2-16-1955; as amended through 2-13-1989]

§ 95-1 Licenses.

A. License required. A license shall be necessary for any dog over five months of age.

[Amended 12-11-2000]

B. License fee. The license fee shall be at least the minimum required by § 174.05(2), Wis. Stats., and shall by resolution be established by the Village Board.

[Amended 12-11-2000]

C. Per § 174.065(1) of the Wisconsin Statutes, the Collecting Official for the issuance of dog licenses are the Village of Elm Grove and the Elm Brook Humane Society. The fees collected will be turned over to the Village of Elm Grove.

[Added 6-22-2004 [1]]

[1] Editor's Note: This ordinance also provided for the redesignation of former Subsections C, D and E as Subsections D, E and F, respectively.

D. Term. Upon the payment of the required license fee, the Village or the Elm Brook Humane Society shall issue a license to the owner or keeper of such dog for the current license year which expires on the 31st day of December; provided, however, that the applicant for a license shall first display to the designated Village agent a current certificate of rabies vaccination as required by § 95.21, Wis. Stats., enacted as Chapter 289, Laws of 1979.

[Amended 6-22-2004]

E. Attachment to collar. The licensee, upon procuring the license, shall securely attach the tag to a collar. This collar, with tag, shall at all times be kept on the dog for which the license is issued.

F. For any official police canine, when it is deemed by the handler that wearing of the tag and collar is likely to create an unsafe working condition for the canine or handler, the license tag and collar is not required to be attached to the canine while performing official duties but shall remain in possession of the handler.

[Added 2-12-2001]

§ 95-2 Nuisances.

[Amended 12-11-2000; 2-12-2001; 2-26-2002; 11-22-2005; 2-22-2016]

A. Running at large.

(1) Except for any police canine, while performing a law enforcement function, it shall be unlawful for a dog to run at large on any public property or on private land without the landowner's permission. A dog shall not be deemed to be at large if:

(a) It is accompanied by its owner or a member of the owner's household or designated handler and is under the control or command of such a person and is not threatening or disturbing any other persons or animals; or

(b) On a Village pathway or sidewalk, except in Village parks as described under § 204-3, if attached to a leash of sufficient length to restrain the dog. The leash must be of such a length to restrict the dog from contacting other people or animals.

(2) No owner of or person harboring or keeping a fierce or vicious dog or female dog in season shall permit the same to run at large at any time within the Village.

B. Dog residue. It shall be unlawful for any owner of a dog to fail to immediately remove the solid waste matter of the dog from any public or private property except that property owned by the dog owner.

C. Frequent and habitual howling. It shall be unlawful for any person to own, keep, have in his or her possession or harbor any dog which by frequent or habitual howling, yelping, barking or otherwise shall cause serious annoyance or disturbance to persons or to the neighborhood. No persons shall be convicted under the provisions of this subsection except upon the evidence of two persons from separate households.

D. Fierce or vicious animal.

(1) Any humane officer or law enforcement officer having reasonable grounds to believe that any animal, except for any police canine while performing a law enforcement function, has caused injury to persons or animals within the Village may take such animal into custody pursuant to § 173.13, Wis. Stats., where such humane officer or law enforcement officer has reasonable grounds to believe that the animal poses a significant threat to public health, safety, or welfare.

(a) If a humane officer or law enforcement officer takes custody of an animal with the knowledge of the owner, the humane officer or law enforcement officer shall explain the procedure by which the owner can recover the animal, including the procedure under § 173.22, Wis. Stats., and the procedure to be followed if the animal is not returned to the owner.

(b) If a humane officer or law enforcement officer takes custody of an animal without the knowledge of the owner, the humane officer or law enforcement officer shall promptly notify the owner, in writing, if he or she can be identified and located with reasonable effort. The notice shall explain the procedure by which the owner can recover the animal, including the procedure under § 173.22, Wis. Stats., and the procedure to be followed if the animal is not returned to the owner. The notice shall also inform the owner that the owner must notify any person with a lien on the animal that the animal has been taken into custody.

(c) If the owner informs the humane officer or law enforcement officer in writing that he or she will not claim the animal, it may be treated as an unclaimed animal under § 173.23(1m), Wis. Stats.

§ 95-3 Impoundment.

It shall be the duty of the Humane Officer to apprehend any dog running at large on any public land or on private land other than that of its owner and to confine such dog when apprehended.

§ 95-4 Reclaiming impounded dogs.

[Amended 12-11-2000]

Any owner of a dog so confined by the Humane Officer may reclaim the dog upon payment of all costs and charges incurred in impounding and keeping such dog. It is hereby made the duty of the Humane Officer to keep all said dogs so apprehended for a period of seven days to afford the owner of the dog an opportunity to reclaim it.

§ 95-5 Violations and penalties.

[Amended 7-26-2005]

Any person who shall violate any provision of this article or any rule or regulation made under this article shall be subject to a penalty as provided in § 1-16 of this Code.