[HISTORY: Adopted by the Village Board of the Village of
Pleasant Prairie 10-7-2013 by Ord. No. 13-46.[1] Amendments noted where applicable.]
Article I Dog Licensing and Regulation
§ 119-1 License procedure; rabies control.
§ 119-2 Regulation of dogs.
§ 119-3 Confinement and disposition of dogs.
§ 119-4 Disposition of vicious dogs.
§ 119-5 Violations and penalties.
Article II Animal Control
§ 119-6 Running at large.
§ 119-7 Removal of animal waste.
§ 119-8 Violations and penalties.
§ 119-1 License procedure; rabies control.
A.
License required. Every person residing in the Village who owns a
dog which is more than five months of age on January 1 of any year
shall annually, at the time and in the manner prescribed by law for
the payment of personal property taxes, obtain a license therefor.
C.
Issuance of license. Upon receipt of the required fee and the exhibition of the certificate of inoculation required by Subsection E, the Clerk shall issue to such person a license to keep such dog for one year. Such person shall, upon procuring the license, place upon the dog a collar with a tag furnished to him by the Village Clerk.
D.
State regulations. Chapter 174, Wis. Stats., shall apply so far as
applicable.
E.
Certificate of inoculation required.
(1)
Vaccination required.
(a)
Except as provided in § 174.054, Wis. Stats, no person
residing in the Village shall own, harbor or keep any dog more than
five months of age unless the dog or animal has been inoculated with
an anti-rabies vaccine by a veterinarian:
(b)
If the owner obtains a dog or brings the dog into the Village
after the dog has reached five months of age, the owner shall have
the dog vaccinated against rabies within 30 days after the dog is
obtained or brought into the Village unless the dog has been vaccinated
as evidenced by a current certificate of rabies vaccination.
(2)
Rabies certificate. 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 Wisconsin
Department of Agriculture, Trade and Consumer Protection stating the
owner's name and address, the name, sex, whether spayed or unspayed,
neutered or unneutered, breed and color of the dog, the date of the
vaccination, the type of rabies vaccine administered and the manufacturer's
serial number, the date the immunization expires as specified for
that type of vaccine by the Centers for Disease Control of the United
States Department of Health and Human Services, and the city, village
or town where the dog is required to be licensed.
(3)
Vaccination records. Each veterinarian shall retain a copy of the
rabies vaccination certificate in a file maintained for this purpose
until the date that the immunization expires or until the animal is
revaccinated, whichever occurs first.
(4)
Rabies tags. 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. The owner shall immediately attach the
rabies vaccination tag or a substitute tag to a collar. The collar
with the tag attached shall be kept on the dog at all times. This
requirement does not apply to a show 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.
(5)
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.
(6)
Impoundment and notice thereof. The Police Department may impound any dog that does not carry the rabies tag required by Subsection E(4). If the owner or keeper of the dog can be ascertained with reasonable effort, he/she shall be notified of the animal's impoundment. The owner or keeper of any dog so impounded may reclaim it by the payment of the fees hereinafter set forth in § 119-3D.
(7)
State regulations. Section 95.21, Wis. Stats., shall apply so far
as applicable.
F.
Prohibition. Wolf-hybrid dogs are not permitted in the Village and
as such do not qualify for a dog license.
§ 119-2 Regulation of dogs.
A.
Definitions. As used in this section, the following terms shall have
the meanings indicated:
- AT LARGE
- A dog is off the premises of the owner and not under the control of the owner or a member of his or her immediate family, either by leash, cord, chain, rope or other physical restraint mechanism.
- DANGEROUS
- A dangerous dog as used in this section means:
- (1) Any dog which, without provocation, has attacked, bitten or injured any human being or domestic animal on public or private property; or
- (2) Any dog which, without provocation, behaves in a manner that a reasonable person would believe poses an unjustified imminent threat of serious injury or death to one or more persons or domestic animals; or
- (3) Any dog which is owned, harbored or trained primarily or in part for the purpose of dog fighting.
- DOG
- Any canine animal, male or female, sexed or neutered.
- HARBORED
- A dog has been fed or sheltered for three or more consecutive twenty-four-hour periods. The definition shall not apply to any veterinary clinic or boarding kennel in the Village.
- OWNER or KEEPER
- Any person or persons, firm, association or corporation owning, keeping, harboring or possessing a dog.
- VILLAGE
- The Village of Pleasant Prairie, or the official, agent or employee of the Village designated by the Village Administrator.
B.
Running at large.
(1)
No dog may run at large, as defined above, within the Village of
Pleasant Prairie. Any owner or keeper of any dog found to be running
at large shall be strictly responsible for said dog running at large
and shall be subject to the penalty hereinafter provided without regard
to whether the owner or keeper intended that the dog run at large.
(2)
Any owner or keeper of a dog found to be running at large within
the Village of Pleasant Prairie shall be subject to a forfeiture of
between $1 and $500.
C.
Limitation on number of dogs. No person shall keep, house or maintain
more than four adult dogs one year or older on any separate parcel
of real estate located within the Village of Pleasant Prairie unless
the property has received a valid conditional use permit from the
Village.
D.
Harboring certain dogs prohibited. No person shall own, harbor or
keep a dog which:
E.
Dangerous dogs.
(1)
Determination. A determination by the Police Chief that a dog has
bitten, attacked or injured any person shall constitute a prima facie
showing that such dog is dangerous. Any dog cited by the Police Chief
as being dangerous shall be immediately impounded at the expense of
the owner or keeper.
(2)
Notice. Within three days of the Police Chief's citation that the animal is dangerous, the Police Chief shall send to the owner or keeper of the alleged dangerous dog a notice by certified mail to said owner's or keeper's last known address, or by personal service, advising the owner or keeper that the dog will be humanely destroyed and setting forth the following options for the owner with respect to said alleged dangerous animal and advising the owner that the animal may only be removed from the Village in accordance with § 119-2E(7) of this chapter.
(3)
Request for hearing. The owner or keeper may request a special hearing
before the Village Board for a determination as to whether or not
the dog is dangerous as defined in this Code. The owner or keeper
shall be advised that he has 10 days from the date of the mailing
of the notice to request such a hearing by filing a written request
with the Village Clerk. If such hearing is requested, the hearing
will be scheduled within not less than 10 or more than 30 days of
the date the written request for hearing is received by the Village
Clerk. In such event, upon request, the Police Chief shall, within
10 days, provide the owner or keeper of said dog with a written list
of facts upon which the Chief relied in citing the dog as dangerous.
(4)
Hearing. The issue to be determined by the Village Board in such a hearing is whether the animal is in fact dangerous as determined by the Police Chief. If the Board upholds the Police Chief's determination, within 10 days, the owner must authorize the dog to be forthwith humanely destroyed at the expense of the owner, or the dog must be removed from the Village in accordance with § 119-2E(7). If the Board disagrees with the Police Chief's determination and renders the dog not dangerous, the dog may be released to the owner and the impoundment fees therewith are to be paid by the Village.
(5)
Nonresponse. If the owner or keeper of the dog does not request a hearing before the Village Board or does not request permission to remove the dog in accordance with § 119-2E(7) of this chapter, the owner's or keeper's nonresponse shall be deemed conclusive evidence of the fact that the dog is in fact dangerous, and the dog will be forthwith humanely destroyed at the expense of the owner.
(6)
Impoundment. Any animal charged by the Police Chief with being dangerous shall be impounded at the owner's cost until a determination is made by the Village Board that the dog is in fact not dangerous or the owner makes arrangements to remove the dog from the Village in accordance with § 119-2E(7) of this chapter. All such impoundment charges shall be paid by the owner or keeper of the dog.
(7)
Sale or transfer of animal determined to be dangerous.
(a)
No person may sell or transfer possession of a dangerous animal
to another person or entity without first notifying the person to
whom the dangerous animal is being sold or transferred, in writing,
of the fact that such animal has been found to be a dangerous animal
as a result of a determination by the Police Chief or by the Village
Board.
(b)
No person may sell or transfer possession of a dog found to
be a dangerous animal as a result of a determination by the Police
Chief or presumptively found to be dangerous by the owner's or
keeper's failure to request a hearing by the Village Board, to
another person or entity without first notifying the Village Clerk
thereof in writing at least five days in advance of the sale or transfer
of possession, which notice shall include the transferee's name,
address and municipality and where said transferee intends to keep
the dangerous animal. Within five days of the receipt of the transfer
notice, the Village Clerk shall mail a notice to the clerk of the
municipality wherein said dangerous dog is to be transferred advising
said clerk of the fact that the dog has been found to be a dangerous
animal by the Police Chief or by the Village Board of Pleasant Prairie
and that the dog is being moved to that particular municipality.
§ 119-3 Confinement and disposition of dogs.
A.
Confinement. The Police Department or any officer appointed by the
Village Board shall apprehend any dog running at large within the
Village or which does any of the things prohibited under this article
and confine the same in a suitable place.
B.
Disposition of unclaimed dogs. The Police Department or keeper of
a pound shall keep all dogs apprehended for seven days (unless sooner
claimed by the owner or keeper). If any dog is not reclaimed by the
rightful owner or keeper within such time, the dog may be sold for
the amount incurred in apprehending, keeping and caring for the dog,
or it may be destroyed in a proper and humane manner.
C.
Owner or keeper to pay costs. The owner or keeper of any dog so confined
may reclaim such dog at any time before the same is disposed of upon
payment of all costs and charges incurred in apprehending, keeping
and caring for the dog. Such costs and charges may include expenses
for inoculations or other medical treatment of the dog. The owner's
or keeper's payment of costs and charges incurred in apprehending,
keeping and caring for the dog shall be made directly to the Village
Treasurer.
D.
Owner or keeper to post bail. The owner or keeper of any dog so confined shall, in addition to any costs required to be paid under Subsection C, post bail in the following amounts prior to reclaiming the dog:
(1)
For the first offense involving such dog within one calendar year:
$25.
(2)
For the second offense involving such dog within one calendar year:
$50.
(3)
For the third offense involving such dog within one calendar year:
$75.
(4)
For the fourth or more offenses involving such dog within one calendar
year: $100.
§ 119-4 Disposition of vicious dogs.
Any owner or keeper who defaults in abiding by any of the requirements set for a dog previously determined to be vicious by the Police Chief and/or Village Board and licensed as a vicious dog by the Village prior to the adoption of this chapter shall immediately be impounded by the Police Department. The owner or keeper of the vicious animal shall have 10 days from the date of impoundment to either consent that the dog be humanely destroyed at the owner's expense or make arrangements to remove the dog from the Village in accordance with § 119-2E(7) of this chapter. After 10 days, if the owner or keeper does not consent to the dog being humanely destroyed or does not make arrangements for the dog to be removed from the Village, the dog will be forthwith humanely destroyed at the expense of the owner.
§ 119-5 Violations and penalties.
§ 119-6 Running at large.
A.
No person having in his possession or under his control any animal
or fowl shall allow the same to run at large in or upon any street,
bike path, trail, walkway, beach, public ground, or park or within
any platted subdivision or within any residential, institutional,
commercial or manufacturing zoning districts within the Village, except
on any parcel owned or occupied by such person in the Village.
B.
No livestock shall be kept closer than 200 feet to any dwelling located
on an adjacent property.
C.
Any animal beyond the boundaries of its owner's property or
the property of the person in custody or control of said animal must
be under positive control by leash.
§ 119-7 Removal of animal waste.
A.
It shall be unlawful for the owner or person in custody or control
of any animal to allow such animal to defecate or urinate upon the
public property of the Village, the rights-of-way of the Village and
the private property of another other than the owner or keeper of
said animal.
B.
If such animal shall defecate upon property other than that of the
owner or keeper of the animal, the owner or keeper must immediately
clean up the feces and make proper disposition of it so as not to
endanger the health and safety of the public.
C.
If an animal shall defecate upon the property of the owner or keeper
of such animal, the owner or keeper must clean up the feces and make
proper disposition of it within a reasonable period of time so as
not to endanger the health and safety of the public.