[HISTORY: Adopted by the Village Board of
the Village of Belgium 11-21-1991 by Ord. No. 16-91 as Title 7, Ch.
1, of the 1991 Code. Amendments noted where applicable.]
As used in this chapter, the following terms
shall have the meanings indicated:
Mammals, reptiles and birds.
To be off the premises of the owner and not under the control
of some person, either by leash or otherwise, but a dog or cat within
an automobile of its owner, or in an automobile of any other person
with the consent of the owner of said dog or cat, shall be deemed
to be upon the owner's premises.
Any feline, regardless of age or sex.
Causing unnecessary and excessive pain or suffering or unjustifiable
injury or death.
Any canine, regardless of age or sex.
Any warm-blooded animal normally raised on farms in the United
States and used for food or fiber.
Has that meaning as appears in § 967.02(5), Wis.
Stats., and includes a humane officer under § 173.03, Wis.
Stats., but does not include a conservation warden appointed under
§ 23.10, Wis. Stats.
Describing a dog or cat shall mean a dog or cat having nonfunctional
reproductive organs.
Any person owning, harboring or keeping a dog or cat and
the occupant of any premises on which a dog or cat remains or to which
it customarily returns daily for a period of 10 days; such person
is presumed to be harboring or keeping the dog or cat within the meaning
of this section.
An animal kept and treated as a pet.
A.
Rabies vaccination. The owner of a dog shall have
the dog vaccinated against rabies by a veterinarian within 30 days
after the dog reaches four months of age and revaccinated within one
year after the initial vaccination. If the owner obtains the dog or
brings the dog into the Village of Belgium after the dog has reached
four months of age, the owner shall have the dog vaccinated against
rabies within 30 days after the dog is brought into the Village unless
the dog has been vaccinated as evidenced by a current certificate
of rabies vaccination. The owner of a dog shall have the dog revaccinated
against rabies by a veterinarian before the date of that immunization
expires as stated on the certificate of vaccination or, if no date
is specified, within three years after the previous vaccination. The
certificate of vaccination shall meet the requirements of § 95.21(2),
Wis. Stats.
B.
Issuance of certificate of rabies vaccination. A veterinarian
who vaccinates a dog against rabies shall complete and issue to the
owner a certificate of rabies vaccination bearing a serial number
and in the form approved by the Village stating the owner's name and
address, the name, sex, spayed or unspayed, neutered or unneutered,
breed and color of the dog, the date of the vaccination, the type
of rabies vaccination administered and the manufacturer's serial number,
the date that the immunization expires as specified for that type
of vaccine by the Center for Disease Control of the United States
Department of Health and Human Services and the Village.
C.
Copies of certificate. The veterinarian shall keep
a copy of each certificate of rabies vaccination in a file maintained
for this purpose until the date that the immunization expires or until
the dog is revaccinated, whichever occurs first.
D.
Rabies vaccination tag. After issuing the certificate
of rabies vaccination, the veterinarian shall deliver to the owner
a rabies vaccination tag of durable material bearing the same serial
number as the certificate, the year the vaccination was given and
the name, address and telephone number of the veterinarian.
E.
Tag to be attached. The owner shall attach the rabies vaccination tag or a substitute tag to a collar, and a collar with the tag attached shall be kept on the dog at all times, but this requirement does not apply to a dog during competition or training, to a dog while hunting, to a dog securely confined indoors or to a dog securely confined in a fenced area. The substitute tag shall be of a durable material and contain the same information as the rabies vaccination tag. The requirements of this subsection do not apply to a dog which is not required to be vaccinated under Subsection A.
F.
Duplicate tag. The veterinarian may furnish a new
rabies vaccination tag with a new serial number to an owner in place
of the original tag upon presentation of the certificate of rabies
vaccination. The veterinarian shall then indicate the new tag number
on the certificate and keep a record in the file.
G.
Cost. The owner shall pay the cost of the rabies vaccination
and the cost associated with the issuance of a certificate of rabies
vaccination and the delivery of a rabies vaccination tag.
A.
It shall be unlawful for any person in the Village
of Belgium to own, harbor or keep any dog of more than five months
of age without complying with the provisions of §§ 174.05
through 174.09, Wis. Stats., relating to the listing, licensing and
tagging of the same.
B.
The owner of any 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, pay a license tax and obtain a license.
C.
The minimum license tax under this section shall be
as set by the Village Board. The license year shall commence January
1 and end December 31.
[Amended 5-3-1993 by Ord. No. 14-93; 1-12-2004 by Ord. No. 3-04]
D.
Upon payment of the required license tax and upon presentation of evidence that the dog is currently immunized against rabies, as required by § 93-2 of this chapter, the Village Treasurer shall complete and issue to the owner a license for such dog containing all information required by state law. The Village Treasurer shall also deliver to the owner, at the time of issuance of the license, a tag of durable material bearing the same serial number as the license, the name of the county in which issued and the license year.
[Amended 3-8-2010 by Ord. No. 2-10]
E.
The owner shall securely attach the tag to a collar and, the collar with the tag attached shall be kept on the dog for which the license is issued at all times, except as provided in § 93-2E.
F.
The fact that a dog is without a tag attached to the
dog by means of a collar shall be presumptive evidence that the dog
is unlicensed. Any Village police or humane officer shall seize, impound
or restrain any dog for which a dog license is required which is found
without such tag attached.
G.
Notwithstanding the foregoing, every dog specifically
trained to lead blind or deaf persons is exempt from the dog license
tax, and every person owning such a dog shall receive annually a free
dog license from the Village Treasurer upon application therefor.
[Amended 3-8-2010 by Ord. No. 2-10]
[Amended 1-12-2004 by Ord. No. 3-04; 3-8-2010 by Ord. No. 2-10]
The Village Treasurer shall assess and collect
a late fee as provided in § 174.05(5), Wis. Stats., from
every owner of a dog five months of age or over if the owner failed
to obtain a license prior to April 1 of each year, or within 30 days
of acquiring ownership of a licensable dog or if the owner failed
to obtain a license on or before the dog reached licensable age. Said
late fee shall be charged in addition to the required license fee.
A.
Dogs and cats confined. If a district is quarantined
for rabies, all dogs and cats within the Village shall be kept securely
confined, tied, leashed or muzzled. Any dog or cat not confined, tied,
leashed or muzzled is declared a public nuisance and may be impounded.
All officers shall cooperate in the enforcement of the quarantine.
The Village Clerk shall promptly post in at least three public places
in the Village notices of quarantine.
[Amended 3-8-2010 by Ord. No. 2-10]
B.
Exemption of vaccinated dog or cat from village quarantine. A dog or cat which is immunized currently against rabies, as evidenced by a valid certificate of rabies vaccination or other evidence, is exempt from the Village quarantine provisions of Subsection A if a rabies vaccination tag or substitute tag is attached to the dog's or cat's collar.
C.
Quarantine or sacrifice of an animal suspected of
biting a person or being infected or exposed to rabies.
(1)
Quarantine or sacrifice of dog or cat. An officer
shall order a dog or cat quarantined if the officer has reason to
believe that the animal bit a person, is infected with rabies or has
been in contact with a rabid animal. If a 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. The
officer shall attempt to kill the animal in a humane manner and in
a manner which avoids damage to the animal's head.
(2)
Sacrifice of other animals. An officer may order killed
or may kill an animal other than a dog or cat if the officer has reason
to believe that the animal bit a person or is infected with rabies.
D.
Quarantine of dog or cat.
(1)
Delivery to isolation facility or quarantine on premises
of owner. An officer who orders a dog or cat to be quarantined shall
deliver the animal or shall order the animal delivered to an isolation
facility as soon as possible but no later than 24 hours after the
original order is issued or the officer may order the animal to be
quarantined on the premises of the owner if the animal is immunized
currently against rabies as evidenced by a valid certificate of rabies
vaccination or other evidence.
(2)
Health risk to humans. If a dog or cat is ordered
to be quarantined because there is reason to believe that the animal
bit a person, the custodian of an isolation facility or the owner
shall keep the animal under strict isolation under the supervision
of a veterinarian for at least 10 days after the incident occurred.
In this subsection, "supervision of a veterinarian" includes, at a
minimum, examination of the animal on the first day of isolation,
on the last day of isolation and on one intervening day. If the observation
period is not extended and if the veterinarian certifies that the
dog or cat has not exhibited any signs of rabies, the animal may be
released from quarantine at the end of the observation period.
(3)
Risk to animal health.
(a)
If a dog or cat is ordered to be quarantined because
there is reason to believe that the animal has been exposed to a rabid
animal and if the dog or cat is not currently immunized against rabies,
the custodian of an isolation facility or the owner shall keep the
animal leashed or confined for 180 days. The owner shall have the
animal vaccinated against rabies between 155 and 165 days after the
exposure to a rabid animal.
(b)
If a dog or cat is ordered to be quarantined because
there is reason to believe that the animal has been exposed to a rabid
animal but if the dog or cat is immunized against rabies, the custodian
of an isolation facility or the owner shall keep the animal leashed
or confined for 60 days. The owner shall have the animal revaccinated
against rabies as soon as possible after exposure to a rabid animal.
(4)
Sacrifice of a dog or cat exhibiting symptoms of rabies.
If a veterinarian determines that a dog or cat exhibits symptoms of
rabies during the original or extended observation period, the veterinarian
shall notify the owner and the officer who ordered the animal quarantined
and the officer or veterinarian shall kill the animal in a humane
manner and in a manner which avoids damage to the animal's head. If
the dog or cat is suspected to have bitten a person, the veterinarian
shall notify the person or the person's physician.
E.
Delivery of carcass; preparation; examination by Laboratory
of Hygiene. An officer who kills an animal shall deliver the carcass
to a veterinarian or local health department. The veterinarian or
local health department shall prepare the carcass, properly prepare
and package the head of the animal in a manner to minimize deterioration,
arrange for delivery by the most expeditious means feasible of the
head of the animal to the State Laboratory of Hygiene and dispose
of or arrange for the disposal of the remainder of the carcass in
a manner which minimizes the risk or exposure to any rabies virus.
The Laboratory of Hygiene shall examine the specimen and determine
if the animal was infected with rabies. The State Laboratory of Hygiene
shall notify the Village, the veterinarian or local health department
which prepared the carcass and, if the animal is suspected to have
bitten a person, that person or the person's physician.
F.
Cooperation of veterinarian. Any practicing veterinarian
who is requested to be involved in the rabies control program by an
officer is encouraged to cooperate in a professional capacity with
the Village, the Laboratory of Hygiene, the local health department,
the officer involved and, if the animal is suspected to have bitten
a person, the person's physician.
G.
Responsibility for quarantine and laboratory expenses.
The owner of an animal is responsible for any expenses incurred in
connection with keeping the animal in an isolation facility, supervision
and examination of the animal by a veterinarian, preparation of the
carcass for laboratory examination and the fee for the laboratory
examination. If the owner is unknown, the county is responsible for
these expenses.
A.
Restrictions. It shall be unlawful for any person
within the Village of Belgium to own, harbor or keep any dog or cat
which:
(1)
Habitually pursues any vehicle upon any public street,
alley or highway in the Village.
(2)
Assaults or attacks any person or destroys property.
(3)
Is at large within the limits of the Village.
(5)
Kills, wounds or worries any domestic animal.
(6)
Is known by such person to be infected with rabies
or to have been bitten by an animal known to have been infected with
rabies.
(7)
In the case of a dog, is unlicensed.
B.
Vicious dogs and animals.
(1)
No vicious dog shall be allowed off the premises of
its owner unless muzzled or on a leash in charge of the owner or a
member of the owner's immediate family over 16 years of age. For purposes
of enforcing this section, a dog shall be deemed as being of a vicious
disposition if, within any 12 month period it bites two or more persons
or inflicts serious injury to one person in unprovoked circumstances
off the owner's premises. Any vicious dog which is found off the premises
of its owner other than as hereinabove provided may be seized by any
person and, upon delivery to the proper authorities, may, upon establishment
to the satisfaction of a court of competent jurisdiction of the vicious
character of said dog, by testimony under oath reduced to writing,
be killed by the police authorities.
(2)
No person shall harbor or permit to remain on his
premises any animal that is habitually inclined toward attacking persons
or animals, destroying property, barking excessively or making excessive
noises or running after automobiles.
C.
Animals Running at Large.
(1)
No person having in his or her possession or ownership
any animal or fowl shall allow the animal or fowl to run at large
within the Village, except that a dog may be allowed to run at large
in an area specifically designated as a dog park by the Village Board.
The owner of any animal, whether licensed or unlicensed, shall keep
his or her animal tied or enclosed in a proper enclosure so as not
to allow the animal to interfere with the passing public or neighbors.
Any animal running at large unlicensed or required by state law or
Village ordinance to be licensed shall be seized and impounded by
a humane or law enforcement officer.
[Amended 5-14-2012 by Ord. No. 11-12]
(2)
A dog or cat shall not be considered to be running
at large if it is on a leash and under control of a person physically
able to control it.
D.
Owner's liability for damage caused by dogs; penalties.
The provisions of § 174.02, Wis. Stats., relating to the
owner's liability for damage caused by dogs, together with the penalties
therein set forth, are hereby adopted and incorporated herein by reference.
A.
Animal control agency.
(1)
The Village of Belgium may contract with or enter
into an agreement with such person, persons, organization or corporation
to provide for the operation of an animal shelter, impoundment of
stray animals, confinement of certain animals, disposition of impounded
animals and for assisting in the administration of rabies vaccination
programs.
(2)
The Village of Belgium does hereby delegate any such
animal control agency the authority to act pursuant to the provisions
of this section.
B.
Impounding of animals. In addition to any penalty
hereinafter provided for a violation of this chapter, any law enforcement
or humane officer may impound any dog, cat or other animal which habitually
pursues any vehicle upon any street, alley or highway of this Village,
assaults or attacks any person, is at large within the Village, habitually
barks, cries or howls, kills, wounds or worries any domestic animal
or is infected with rabies. In order for an animal to be impounded,
the impounding officer must see or hear the violation of this section
or have in his possession a signed statement of a complaining witness
made under oath alleging the facts regarding the violation and containing
an agreement to reimburse the Village for any damages it sustains
for improper or illegal seizure.
C.
Claiming animal; disposal of unclaimed animals. After
seizure of animals under this section by a law enforcement or humane
officer, the animal shall be impounded. The officer shall notify the
owner, personally or through the United States mail, if such owner
be known to the officer or can be ascertained with reasonable effort,
but if such owner be unknown or unascertainable, the officer shall
post written notice in three public places in the Village, giving
a description of the animal, stating where it is impounded and the
conditions for its release, after the officer has taken such animal
into his possession. If within seven days after such notice the owner
does not claim such animal, the officer may dispose of the animal
in a proper and humane manner, provided that, if an animal before
being impounded has bitten a person, the animal shall be retained
in the animal shelter for 10 days for observation purposes. Within
such times, the owner may reclaim the animal upon payment of impoundment
fees, such fees to be established by resolution of the Village Board.
No animal shall be released from the pound without being properly
licensed if so required by state law or Village ordinance.
D.
Sale of impounded animals. If the owner doesn't reclaim
the animal within seven days, the Animal Warden may sell the animal
to any willing buyer.
E.
Village not liable for impounding animals. The Village
and/or its animal control agency shall not be liable for the death
of any animal which has been impounded or disposed of pursuant to
this section.
Every owner or person harboring or keeping a
dog or cat who knows that such dog or cat has bitten any person shall
immediately report such fact to the Village Marshal and shall keep
such dog or cat confined for not less than 10 days or for such period
of time as the Village Marshal shall direct. The owner or keeper of
any such dog or cat shall surrender the dog or cat to a law enforcement
or humane officer upon demand for examination.
The owner or person in charge of any dog or
other animal shall not permit solid fecal matter of such animal to
be deposited on any street, alley or other public or private property,
unless such matter is immediately removed therefrom by said owner
or person in charge. This section shall not apply to a person who
is visually or physically handicapped.
It shall be unlawful for any person owning or
possessing an animal, dog or cat to permit such animal, dog or cat
to go upon any parkway or private lands or premises without the permission
of the owner of such premises and break, bruise, tear up, crush or
injure any lawn, flower bed, plant, shrub, tree or garden in any manner
whatsoever, or to defecate thereon.
It shall be unlawful for any person knowingly
to keep or harbor any dog which habitually barks, howls or yelps,
or any cat which habitually cries or howls to the great discomfort
of the peace and quiet of the neighborhood or in such manner as to
materially disturb or annoy persons in the neighborhood who are of
ordinary sensibilities. Such dogs and cats are hereby declared to
be a public nuisance. A dog or cat is considered to be in violation
of this section when two formal, written complaints are filed with
the Village Marshal within a four-week period.
A.
Purpose. The keeping of a large number of dogs or
cats within the Village for a considerable period of time detracts
from and, in many instances, is detrimental to healthful and comfortable
life in such areas. The keeping of a large number of dogs or cats
is, therefore, declared a public nuisance.
B.
HOUSEHOLD
RESIDENTIAL LOT
Definitions. As used in this section, the following
terms shall have the meanings indicated:[1]
Any person or group of persons, whether related or unrelated,
living in a single dwelling unit.
A parcel of land zoned as residential, occupied or to be
occupied by a dwelling, platted or unplatted, and under common ownership.
For the purpose of this section, any vacant parcel or parcels adjoining
a dwelling and under the same ownership shall constitute one lot.
C.
Number of dogs limited. No household shall own, harbor
or keep in its possession more than three dogs on any residential
lot without the prior approval of the Village Board, except that a
litter of pups or a portion of a litter may be kept for not more than
eight weeks from birth. If more than one household resides on a residential
lot, then only a total of three dogs shall be allowed on the residential
lot unless prior approval is obtained from the Village Board.[2]
D.
Number of cats limited.
(1)
Except as otherwise provided herein, no household
within the Village of Belgium shall keep, maintain, raise, provide
for, care for or otherwise support the existence of more than three
cats over the age of nine months.
(2)
The Village Board may issue a permit for the keeping
of more than three cats where it is shown to the satisfaction of the
Board that the purpose, manner and consequences of keeping said animals
will not result in a nuisance. Such permit may be issued upon written
petition, the payment of a nonrefundable filing fee as set by the
Village Board and an open hearing before the Village Board. The Board
may require such assurances of performance as it deems appropriate
to protect the public safety and health.[3]
A.
Anyone who violates any provision of this chapter
or Ch. 174, Wis. Stats., shall be subject to a forfeiture of not less
than $25 and not more than $200 for the first offense and not less
than $100 and not more than $400 for any subsequent offenses.
B.
An owner who refuses to comply with an order issued under § 93-5 to deliver an animal to an officer, isolation facility or veterinarian or who does not comply with the conditions of an order that an animal be quarantined shall be subject to a forfeiture of not less than $100 nor more than $1,000, together with costs of prosecution, and, in default of payment of such forfeiture and costs, shall be imprisoned in the county jail until such forfeiture and costs are paid, but not exceeding 60 days.[1]
