Town of Hudson, WI Animal Control

It bites, attacks or menaces anyone assaulting the owner.

It bites, attacks or menaces a trespasser on the property of the owner.

It bites, attacks or menaces any person or other animal who has tormented or abused it.

It is otherwise acting in defense of an attack from a person or other animal upon the owner or other person.

(5)

It is protecting or defending its young or other animal.

DOG

Shall apply to a canine animal, male or female, altered or unaltered.

FENCE

Includes visible and invisible.

[Added 11-9-2006]

GUARD DOG

Any dog which has been trained to attack persons independently or upon command.

INDIVIDUAL DOG OWNER

A place where no more than five dogs over five months of age are kept on the premises occupied for residential purposes.

NUISANCE DOG

Any dog which by frequent and habitual howling, yelping, barking or other nuisances shall cause serious annoyance or disturbance to persons or to a neighborhood or habitually pursues any vehicle upon any public street or highway. The provisions of this chapter shall not apply to duly authorized hospitals or clinics conducted for the treatment of small animals.

[Amended 4-2-2001 by Ord. No. 04-02-01]

OWN

Unless otherwise specified, "own" shall be deemed to mean keep, harbor, have control, have charge or custody of an animal for a period of five days or longer. The term shall also be deemed to mean permitting an animal to be kept at or within a residence legally owned by the person giving permission. This term is applicable to landlords and lessors of property. This term shall not apply to veterinarians or kennel operators temporarily maintaining on their premises animals owned by others.

[Amended 6-1-2006]

OWNER

A person who owns, harbors, keeps or permits the dog to be on the legal premise. In the case of rental property, the owner is the person, partnership, corporation, or other entity that holds legal title to the rented property. By permitting a tenant or lessee to have a dog on site, for the purposes of this chapter, the person who holds title to the property is an owner.

[Amended 6-1-2006]

PRIVATE DOG KENNEL

A place where more than five but fewer than 11 dogs over the age of five months are kept and where the business of selling and breeding dogs, if conducted, is incidental to the occupancy of the premises for residential purposes and is not the primary source of income of the occupant or owner of the property.

[Amended 4-2-2001; 12-7-2021 by Ord. No. 2021-3]

PROPER ENCLOSURE

A fence or structure of suitable height, forming or causing an enclosure suitable to prevent the entry of any young children. Such enclosure shall be locked and shall be designed to be secure to prevent an animal from escaping from the enclosure.

RESTRAINT

An animal is under restraint within the meaning of this chapter if it is controlled by a leash, cord, chain or similar physical restraint or by a competent person and immediately obedient to that person's command or within a vehicle being driven or parked on the streets or roads or within the property limits of its owner.

STRAY

Any unlicensed animal, the owner of which is unknown, which is at large.

TOWN

The Town of Hudson, St. Croix County, Wisconsin.

§ 5-3 Restraint and responsibility.

[Amended 6-1-2006]

The owner shall keep his/her animal under restraint at all times. The owner is responsible for picking up and disposing properly of any animal waste deposited anywhere other than the dog owner's property.

§ 5-4 Licensing of dogs.

[Amended 4-2-2001 by Ord. No. 04-02-01; 6-1-2006; 5-4-2010]

No person shall own any dog within the Town limits or permit any dog on any property legally owned by the person for a period of more than 30 days unless such dog is licensed, except as provided under Subsection A, Exceptions. Written application shall be made to such person or persons as designated by the Town and shall include all pertinent documentation as required for such license. In lieu of said application, if an unlicensed dog is impounded, and said dog is either vaccinated for rabies by the pound or proof of vaccination is provided by the owner to the pound, and the dog is returned to the owner and proof of rabies vaccination is given to the Town, the Town may issue a dog license under this section and bill the owner for the license.

Exceptions.

Hospitals, clinics and other premises operated by licensed veterinarians exclusively for the care and treatment of animals are exempt from the provisions of this chapter, except where such duties are expressly stated.

The licensing requirement of this chapter shall not apply to any dog belonging to a nonresident and kept within the Town for less than 30 days, provided that all such dogs shall at all times be kept under restraint.

Any dog owned, kept or harbored by an individual or corporation holding either a private or commercial kennel license need not be individually licensed.

Every dog specially trained to lead blind or deaf persons or to provide support for mobility impaired persons is exempt from the dog license fee and every person owning such a dog shall receive annually a free dog license.

(5)

Any dog owned by a person that is kept only for educational or scientific purposes is exempt from the licensing requirements of this chapter.

There shall be three types of dog licenses issued:

Individual dog.

Private dog kennel.

Commercial dog kennel.

§ 5-5 Types of licenses and fees.

Individual dog. Written application shall be made on a form to be furnished by the Town. As a condition for the issuance of said license, the owner shall submit a current certificate of rabies vaccination for the dog(s). At the time of application a numbered durable tag(s) shall be issued to the owner. In lieu of said application, if an unlicensed dog is impounded, and said dog is either vaccinated for rabies by the pound or proof of vaccination is provided by the owner to the pound, and the dog is returned to the owner and proof of rabies vaccination is given to the Town, the Town may issue a dog license under this section and bill the owner for the license.

[Amended 12-2-1991; 5-4-2010]

License fees.

The individual annual license fee for each dog over the age of five months that is "whole" or unspayed or unneutered: as set from time to time by resolution of the Town Board.[1]

[1]

Editor's Note: See Ch. A113, Fees.

(b)

The individual annual license fee for each dog over the age of five months that is either spayed or neutered: as set from time to time by resolution of the Town Board.[2] Written documented proof of spay or neuter must be presented at the time of license issue.

[2]

Editor's Note: See Ch. A113, Fees.

Replacement fee: as set from time to time by resolution of the Town Board.[3] In the event that the durable license tag issued for a dog shall be lost, the owner may obtain a duplicate tag.

[3]

Editor's Note: See Ch. A113, Fees.

Deceased transfer fee: as set from time to time by resolution of the Town Board.[4] If the dog dies within the license year and a dog is secured to replace the dog so dying, the annual license for the deceased dog may be transferred to the replacement dog for the remainder of the licensing year.

[4]

Editor's Note: See Ch. A113, Fees.

Change of ownership. If there is a change of ownership of a dog, the new owner must, within 30 days, apply for a license therefor and pay the fee prescribed by this chapter as if for a new license.

(5)

Miscellaneous.

Any person who secures a dog shall be allowed 30 days to obtain a license. Any dog owner upon becoming a resident of the town shall be allowed 30 days to obtain a dog license.

(b)

Upon complying with the provisions of this chapter, there shall be issued to the owner a durable tag, stamped with a number and the year for which issued.

(c)

Every owner is required to keep a valid tag securely fastened to the dog's collar or harness which must be worn by the dog at all times except when the dog for which the license is issued is indoors or on the premises of the owner or covered by an exception.

Private dog kennel.

[Amended 12-7-2021 by Ord. No. 2021-3]

A private dog kennel shall be allowed in the following zoning districts by special exception permit only:

Residential District.

(b)

Agricultural/Residential District.

A private dog kennel license shall not be issued unless the application for such license is accompanied by the written approval thereof by the occupants of all privately owned real estate abutting the premises on which such kennel is to be located or unless the applicant's kennel is 300 feet or more from any adjacent owner's property line. Approval of abutting property owners is necessary only for the initial licensing.

The Town Board of the Town of Hudson may grant a private kennel license only upon approval of a special exception permit after a public hearing. The standards set in § 105-33A(1), (2) and (3) of the Town of Hudson Zoning Ordinance shall apply.

The fee for a private dog kennel, per year, shall be as set from time to time by resolution of the Town Board.

Commercial dog kennel.

[Amended 12-7-2021 by Ord. No. 2021-3]

A commercial dog kennel shall be allowed in the following zoning district by special exception permit only:

Agricultural/Residential District.

A commercial dog kennel license shall not be issued when located less than 700 feet from any lot line shared with premises devoted to residential uses, by persons other than that of the owner of such kennels, his family, agents, employees or tenants.

The Town Board of the Town of Hudson may grant a commercial dog kennel license only upon approval of a special exception permit after a public hearing. The standards set in § 105-33A(1), (2) and (3) of the Town of Hudson Zoning Ordinance shall apply.

The fee for a commercial dog kennel license, per year, shall be as set from time to time by resolution of the Town Board.

Provisions of dog kennel licenses.

No person shall operate a dog kennel without first obtaining a dog kennel license as herein provided. All dog kennel licenses shall be issued for one year beginning on January 1. Application for licenses may be made 60 days prior to the start of the licensing year and thereafter during the licensing year.

A dog kennel license may be revoked by reason of any violation of this chapter or by reason of the violation of any health or nuisance ordinances, order, law or regulation as may be determined by the Town Board.

Before revoking a dog kennel license, the licensee shall be given notice of the meeting at which such revocation shall be considered and a copy of the complaint. If the licensee is present at such meeting, he/she shall be first given an opportunity to be heard. Notice of such meeting shall be given to the licensee in writing, mailed to the address of the licensee as set forth in the license application for the dog kennel license at least 10 working days prior to the date of the meeting.

All dog kennels shall be kept in a clean and healthful condition and at all reasonable times shall be given to inspection by any health officer, animal control/animal humane officer or other person or persons charged with the enforcement of this chapter or any health or sanitary regulation, order, rule or statute of the Town of Hudson or St. Croix County or the State of Wisconsin.

[Amended 12-7-2021 by Ord. No. 2021-3]

§ 5-6 Impoundment and redemption of dogs and other animals.

[Amended 11-9-2006]

Any animal found in violation of this chapter may be taken by the Animal Control/Animal Humane Officer and impounded in the designated animal shelter and there confined in a humane manner for a period of not less than seven days. If not claimed prior thereto by its owner, it shall thereafter become the property of the Town and may be disposed of in a humane manner or sold to an individual desiring to purchase the animal as a pet. For dogs and cats, they must sign an agreement to spay or neuter the animal. If a dog is destroyed pursuant to this chapter, the license for such dog shall expire.

[Amended 12-7-2021 by Ord. No. 2021-3]

Immediately upon the impounding of a dog wearing a current license, tattoo or other identification, the Animal Control/Animal Humane Officer shall make reasonable effort to notify the owner of such dog of the impoundment and of the conditions whereby the owner may regain custody of the dog. Any verbal notices shall be confirmed in writing by the Animal Control/Animal Humane Officer.

[Amended 12-7-2021 by Ord. No. 2021-3]

Notwithstanding anything contained herein to the contrary, if a critically injured animal is at large pursuant to this chapter, it may be destroyed by the Animal Control/Animal Humane Officer but only after reasonable efforts have been made to contact its owner.

[Amended 12-7-2021 by Ord. No. 2021-3]

Any animal impounded hereunder being held for suspected disease (except rabies) may be reclaimed by the owner within seven days upon payment of the owner to the Town any applicable forfeitures in addition to the costs for keeping such an animal during the impoundment, providing that the licensing requirements of this chapter are complied with.

Impoundment and redemption fines and forfeitures: see Ch. 32, Citations.

An impounded dog that is returned to its owner may be automatically licensed by the Town of Hudson as per §§ 5-4 and 5-5 of this chapter. License fees shall be billed to the owner, and if the owner does not pay the fees within 14 days, it shall be a violation of this chapter and subject to all enforcement and collection methods of this chapter.

[Added 5-4-2010]

§ 5-7 Quarantine.

Any animal that has bitten a person shall immediately be impounded for at least 10 days and kept apart from other animals, under the supervision of a veterinarian or at the Town-designated animal shelter, until it is determined whether such animal had or has a disease which might have been transmitted by such bite. [§ 95.21(5)(a)(b), Wis. Stats.]

Such impounding may be done by the owner and need not be at the designated town animal shelter, but if it is not at the designated Town animal shelter, the owner shall notify the Animal Control/Animal Humane Officer immediately and shall furnish proof in writing that such animal has been so impounded. [§ 95.21(5)(a), Wis. Stats.]

[Amended 11-9-2006; 12-7-2021 by Ord. No. 2021-3]

Upon the expiration of 10 days, if it is determined the animal does not have a disease, the animal may be released, and the Animal Control/Animal Humane Officer shall be notified. If the animal was impounded to the designated Town animal shelter, it may be reclaimed in 10 days if it is determined the animal does not have a disease and all costs of shelter and care are paid by the owner. [§ 95.21(5)(b), Wis. Stats.]

[Amended 11-9-2006; 12-7-2021 by Ord. No. 2021-3]

Any animal owned, harbored or kept in the Town of Hudson which has been bitten by a rabid or suspected rabid animal shall be impounded and kept in the same manner for a period of six months, unless the animal has been vaccinated for rabies within the previous year, then the impoundment period shall be 60 days. The owner of any animal which has been bitten by a rabid animal shall notify the Town Animal Control/Animal Humane Officer in the event of the animal's illness or death during quarantine. [§ 95.21(5)(b), Wis. Stats.]

[Amended 11-9-2006; 12-7-2021 by Ord. No. 2021-3]

§ 5-8 Records.

It shall be the duty of the Town Treasurer to keep, or cause to be kept, accurate and detailed records of the licensing of all animals owned, harbored or kept in the Town of Hudson.

It shall be the duty of the Animal Control/Animal Humane Officer to keep, or cause to be kept, accurate and detailed records of all impoundments and their dispositions and all bite cases reported to him and his investigation of the same. A copy of the report shall be given to the Town Clerk.

[Amended 11-9-2006; 12-7-2021 by Ord. No. 2021-3]

It shall be the duty of the Town Treasurer to keep, or cause to be kept, accurate and detailed records of all moneys belonging to the Town pursuant to this chapter.

All fees and fines shall be paid at the Town office or designated animal shelter during normal office hours. All checks and money orders shall be made payable to the Town of Hudson.

§ 5-9 Confinement of certain dogs.

Every female dog in heat shall be maintained in such a manner that such female dog cannot come in contact with another dog except for intentional breeding purposes.[1]

[1]

Editor's Note: Former Subsection B, regarding a forfeiture for owners of dogs in heat who run at large, was repealed 12-7-2021 by Ord. No. 2021-3]

§ 5-10 Investigation.

[Amended 4-2-2001 by Ord. No. 04-02-01; 11-9-2006; 12-7-2021 by Ord. No. 2021-3]

For the purpose of discharging the duties imposed by this chapter and to enforce its provisions, the Animal Control/Animal Humane Officer shall fully cooperate and assist the Department of Agriculture, Trade and Consumer Protection and authorized state health officials in identifying and locating animals which pose a risk and/or danger to the public and/or are in need of humane treatment. To such extent as is permitted by state statute, the Animal Control/Animal Humane Officer is empowered to enter upon the premises upon which an animal is kept or harbored and to demand the exhibition by the owner of such animal and/or license for such animals.

It is further provided that the Animal Control/Animal Humane Officer shall fully cooperate and assist the Department of Agriculture, Trade and Consumer Protection authorized health officials and designated humane societies in identifying and locating animals which are being kept in reportedly cruel and/or inhumane manner. To such extent as is permitted by state statute, the Animal Control/Animal Humane Officer is empowered to enter upon the premises where any animal is kept in a reportedly cruel and/or inhumane manner and demand to examine such animal and to take possession of such animal when it requires humane treatment.

The Animal Control/Animal Humane Officer shall cooperate and assist any law enforcement officer in the discharge of his duties with respect to animal control.

§ 5-11 Interference with Animal Control/Animal Humane Officer.

[Amended 11-9-2006; 6-3-2014; 12-7-2021 by Ord. No. 2021-3]

No person shall interfere with, hinder or molest the Animal Control/Animal Humane Officer in the performance of the duties of his/her office or seek to release any animal in the custody of the Animal Control/Animal Humane Officer except as herein provided. This includes:

Knowingly providing false or misleading information.

Refusing to answer questions regarding dogs kept or harbored at a residence pertaining to number, rabies vaccination status, etc.

Any such action shall constitute a violation of this chapter.

§ 5-12 Organized animal fighting prohibited.

No dog fighting, cock fighting, bull baiting, bear baiting or other setting of or other fighting of one animal against another shall be permitted in the Town of Hudson.

§ 5-13 Abandonment or abuse of animals.

It shall be unlawful for anyone to knowingly abandon or abuse any animal. Each person who does abandon or abuse knowingly or willingly permits this abandonment or abuse or aids in the abandonment or abuse of any animal shall be in violation of this chapter and shall be subject to the penalties as herein provided.

§ 5-14 Precautions to be taken by owners of dangerous animals.

Each owner shall confine within a building or proper enclosure any dangerous animal and not take such animal out of the enclosure unless the animal is securely muzzled or restrained.

No dangerous animal shall be left unattended by chaining, tethering or otherwise tying to any inanimate object such as a tree, post or building, outside of its proper enclosure as provided for in the definition of "proper enclosure" in § 5-2.

In addition to the requirements in the definition of "proper enclosure" in § 5-2, for owners of dangerous animals who maintain the animal out-of-doors, a portion of their property shall be fenced with a perimeter or area fence. Within this perimeter fence, the dangerous animal must be humanely confined inside a pen or kennel of adequate size. The pen or kennel may not share common fencing with the area or perimeter fence. The kennel or pen must have secure sides; a secure top attached to all sides; the sides must either be buried two feet into the ground, sunken into a concrete pad or securely attached to a wire bottom. The gate to the kennel must be securely locked at all times.

Except when being transported in and securely confined within a vehicle, no dangerous animal shall be permitted off the property of its owner except when it is attended by its owner or designated custodian and is restrained by a secure collar, leash, cord, chain or similar physical restraint (not to exceed six feet in length). Collar, leash, cord, chain or similar physical restraint must be of sufficient strength to prevent escape and the animal must be muzzled by any means sufficient to prevent biting other persons or domestic animals.

§ 5-15 Enforcement of restrictions on dangerous animals.

[Amended 11-9-2006]

In the event that an Animal Control/Animal Humane Officer has received information that a dangerous animal is being harbored in violation of this chapter, he/she may:

[Amended 12-7-2021 by Ord. No. 2021-3]

Order the violation immediately corrected and cite the owner or keeper; or

If the violation cannot be immediately corrected and the animal is posing an imminent serious threat to human beings or other domestic animals, the animal may be seized and impounded at the owner's expense. At the owner's request and expense, such impoundment may be at a veterinarian or licensed kennel of the owner's choosing.

If the owner or keeper of the dangerous animal fails to either provide proof that the animal will now be kept restrained or confined in compliance with the provisions of this chapter or fails to reclaim it from the designated Town shelter after impoundment and if it cannot be adopted by someone providing proof that it will be kept restrained or confined as specified in this chapter, it will be humanely euthanized at owner's expense.

§ 5-16 Warning signs, guard dogs and dangerous dogs.

All owners, keepers or harborers of any guard dog or officially determined dangerous animal shall display in a prominent place on their premises and at each entrance or exit to the area where such an animal is confined, a sign easily readable by the public using the words "BEWARE OF DOG" or "DANGEROUS ANIMAL."

§ 5-17 Duties of all animal owners.

It shall be the duty of every owner of any animal or anyone having any animal in their possession or custody to exercise reasonable care and to take all necessary steps and precautions to protect other people, property and animals from injuries or damage which might result from their animal's behavior, regardless of whether such behavior is motivated by mischievousness, playfulness or ferocity.

It shall be the duty of every owner of any animal or anyone having any animal in their possession or custody to ensure that the animal is kept under restraint and that reasonable care and precautions are taken to prevent the animal from leaving, while unattended, the real property limits of its owner, possessor or custodian.

It shall be the duty of the owner of any animal or anyone having an animal in their possession to keep the animal under restraint and control at all times while the animal is off the real property limits of the owner, possessor or custodian.

It shall be unlawful for any person knowingly to keep or harbor any dog which habitually barks, howls or yelps to the great discomfort of the peace and quiet of the neighborhood or in such a manner as to materially disturb or annoy persons in the neighborhood who are of ordinary sensibilities. Such dogs are hereby declared to be a public nuisance.

[Added 9-7-2000; amended 12-7-2021 by Ord. No. 2021-3]

Petitions complaining of vicious or barking dogs.

[Added 9-7-2000; amended 11-9-2006]

Whenever any person shall complain to the Town Animal Control/Animal Humane Officer, Town Chairman or county law enforcement agency that a dog which habitually barks, howls or yelps is being kept by a person in the Town, the Animal Control/Animal Humane Officer, Chairman or county law enforcement agency shall notify the owner of said dog that a complaint has been received and that the person should take whatever steps necessary to alleviate the barking, howling or yelping.

[Amended 12-7-2021 by Ord. No. 2021-3]

If the warning given to the person alleged to be keeping a dog as set forth in Subsection E(1) above is ineffective, then a verified complaint of at least two residents of separate households may be presented to the Town Animal Control/Animal Humane Officer, Town Chairman or county law enforcement agency alleging that a vicious dog or a dog which habitually barks, howls or yelps is being kept by any person within the Town. The Town Animal Control/Animal Humane Officer, Town Chairman or county law enforcement agency shall inform the owner of such dog that said petition has been received and shall cite the owner of the dog for the violation alleged in said petition.

[Amended 12-7-2021 by Ord. No. 2021-3]

The citation amount for violating this section is covered in § 32-3C and D.

[Amended 12-7-2021 by Ord. No. 2021-3]