(b) Safeguard and protect property of Taylor County citizens,

Transcription

1 Chapter 54 Animal Control Regulations Page 1 of 7 CHAPTER 54 ANIMAL CONTROL REGULATIONS PURPOSE. (1) The purpose of this chapter is to: (a) Regulate and control dogs, cats, and other animals within Taylor County, (b) Safeguard and protect property of Taylor County citizens, (c) Prevent cruelty to all animals. (2) In addition to the terms and conditions set below, Taylor County adopts by reference Chapter 95 (Animal Health), Chapter 173 (Animals; Humane Officers), Chapter 174 (Dogs), and Chapter 951 (Crimes against Animals), Wisconsin State Statutes. (3) The Taylor County Sheriff s Department shall be designated as the Taylor County Humane Officer and that department shall have all powers and duties of that position DEFINITIONS. Unless the context requires otherwise, the following definitions shall apply: (1) Altered. An animal that has been neutered or spayed so that it is not capable of reproducing. (2) Animal. A living creature, not human and being either domestic or domesticated wild animal. (3) Animal Shelter. A county board may designate a humane society, other organization or individual to provide a pound for strays in the county. A county pound or a humane society, other organization or individual designated to provide a pound may receive payment from the dog license fund for expenses incurred in the collecting, caring for and disposing of dogs and may receive surplus from the dog license fund as provided under Section (2), Wisconsin State Statutes. (4) At Large. An animal off the premises of the owner. An animal properly licensed as required by Chapter 54, Taylor County Code, shall not be deemed at large if such animal: (a) Is on the premises of the owner, or (b) Is under the control of a person competent to restrain or control the animal, either by leash, cord, chain, or other similar restraint, or properly restrained within a motor vehicle, or trailer, or (c) The animal is properly housed in a veterinary clinic, or licensed kennel, pet shop, or the designated animal shelter, or

2 Chapter 54 Animal Control Regulations Page 2 of 7 (d) The animal is actively involved in competition or training, lawful hunting, or (e) The animal is actively involved in herding or controlling livestock while the animal is within the verbal control of a competent person in the immediate vicinity. (5) Cat. All members of the Felis Domestica species, male or female, altered or unaltered. (6) Dog. Includes members of the canine species, male or female, altered or unaltered. (7) Owner. Any person or persons owning, keeping, or harboring a dog, cat, or other animal or who is the owner and/or occupant of the premises to which the animal routinely returns. (8) Stray. A stray is any unattended domestic animal wandering at large off its owner s premises and whose owner cannot be immediately located or determined and/or whose owner is unavailable or unwilling to take control of the animal. (9) Unaltered. An animal that has not been neutered or spayed UNLAWFUL TO CAUSE HARM OR INJURY. No dog, cat or any other animal shall attack persons, other domestic animals, or destroy property other than the property of the owner of such animal. No owner of a dog, cat or other animal shall permit such dog, cat, or other animal to attack persons or domestic animals or to place any person in reasonable fear of attack or injury. Section 54.03, Taylor County Code, does not apply to a dog used for security reasons within an enclosed building, fenced area, or if it is securely chained DANGEROUS OR VICIOUS DOGS OR OTHER ANIMALS. (1) No person shall knowingly keep or harbor a dangerous or vicious animal within the County. (2) A dangerous or vicious animal is described as any animal that, based upon past behavior, may assault a person or other domestic animal, or damage another person s property. (3) A dangerous or vicious animal also includes any animal that constitutes a physical threat to a person or to another domestic animal based upon a known history of one or more unprovoked assaults or bites. (4) A dangerous or vicious animal also includes any dog trained, owned or harbored for the purpose of dog fighting. (5) A dog shall not be considered to be dangerous based upon one incident where:

3 Chapter 54 Animal Control Regulations Page 3 of 7 (a) The dog bites, attacks or menaces anyone assaulting its owner. (b) The dog bites, attacks or menaces a trespasser on the property of the owner of the property. (c) The dog bites, attacks or menaces any person or other animal that has tormented or abused it. (d) The dog is acting in defense of an attack from a person or other animal upon its owner or another animal. (e) The dog is protecting or defending its young or another animal on its owner s property. (6) Every owner or keeper of an animal and every person who has been bitten shall immediately report the bite to the Taylor County Sheriff s Department DUTIES OF ALL DOG OWNERS. (1) All dog owners or any other person that harbors, keeps or controls an animal, whether that person claims ownership or not, shall have the following duties: (a) Exercise reasonable care and take all necessary steps and precautions to protect other people, property and animals from injuries or damage that might result from their dog s behavior, regardless of whether such behavior is motivated by mischievousness, playfulness or ferocity. (b) Ensure that the animal is kept under restraint and that reasonable care and precautions are taken to prevent the dog from leaving the real property limits of the owner while unattended. (c) Keep the animal under control at all times while the animal is off the real property limits of the owner or custodian. (2) Failure to keep any dog confined or under restraint as provided for in Section 54.05, Taylor County Code, shall be punishable by the penalties set forth in Section , Wisconsin State Statutes. (3) Abatement. If a humane officer or any law enforcement officer in Taylor County after investigation has reasonable grounds to believe that a violation of a statute or ordinance is occurring and the violation is causing or has the potential to cause injury to any animal, the humane officer or law enforcement officer may issue and serve an order of abatement directed to named persons pursuant to Section (1m), Wisconsin State Statutes. (a) Any person named in an abatement order under Section 54.05(3), Taylor County Code, may within the ten (10) day period following service of the abatement order request a hearing before the Taylor County Executive Committee and that committee has the authority to affirm the order, modify and affirm the order or withdraw the order pursuant

4 Chapter 54 Animal Control Regulations Page 4 of 7 to Section , Wisconsin State Statutes. The hearing shall be held within ten (10) days after the request is made, unless the requester agrees to a later date. The hearing shall be informal in nature. (b) Within ten (10) days after the hearing under Section 54.05(3)(a), Taylor County Code, the Taylor County Executive Committee shall affirm the order, modify and affirm the order or withdraw the order. (c) Any person adversely affected by a decision under Section 54.05(3)(b), Taylor County Code, may seek judicial review by commencing an action in circuit court within thirty (30) days after the day that the decision is issued ANIMAL NUISANCES. (1) The owner of any dog, cat, or other animal or the owner and/or occupant of the premises to which a dog, cat, or other animal routinely returns shall not permit such dog, cat, or other animal to become a nuisance to the public by any of the following: (a) Being an annoyance or disturbance to any person other than the owner by frequent and habitual barking, howling, yelping, hissing, meowing or fighting. (b) Defacing, scratching, or marring any personal property other than that of the owner of said animal. (c) Trespassing upon any property where food or drink is sold unless otherwise provided for under the statutes CONFINEMENT OF FEMALE DOGS IN HEAT. The owner, or any person in charge, of a female dog in heat shall confine said animal in a building which is completely enclosed, or housed in a veterinary clinic, or licensed kennel, or within the owner's yard enclosed by a fence or other structure having a height of a least forty-two (42) inches. Nothing in Section 54.07, Taylor County Code, however, shall be construed as prohibiting any competent and responsible person from walking said dog with a leash, cord, or chain, or from transporting such dog within a motor vehicle under proper restraint APPREHENSION AND IMPOUNDMENT. (1) It shall be the duty of any designated official to cause to be taken up and impounded, any animal found to be at large within the County, contrary to the provisions of Chapter 54, Taylor County Code. (2) No person shall abandon, or knowingly allow any animal they own to remain unclaimed at the animal shelter IMPOUNDMENT AND DISPOSAL.

5 Chapter 54 Animal Control Regulations Page 5 of 7 Impoundment, boarding, and disposal fees shall be established and collected as may be determined from time to time by the designated animal shelter, and such fees will be used to offset the cost of operation of the animal shelter DOG LICENSE REQUIRED. (1) The owner of any dog five (5) months of age or older shall annually obtain a license as hereinafter provided. (2) The owner or keeper of a dog for which a license is required, shall on or before the first day of January of each year obtain a license from the treasurer or authorized agent of the Municipality or County for each dog owned by him/her. (3) A fee for each license shall be charged. The fee for each license for a neutered or spayed dog is $5.00 per dog and the fee for an unaltered dog is $ This fee will be set by Taylor County and may be raised as necessary to cover the cost of operation of a designated animal shelter or for contracting for the care of dogs and the cost of dog damage claims. The rate will be double for an unaltered dog as compared to a spayed or neutered dog. Applications made on or after April 1st of each year shall be delinquent and a late fee established by the County will be charged in addition to the license fee unless the owner can establish that he/she just gained possession of said dog within thirty (30) days. (4) Any person who operates a kennel may, instead of obtaining a license for each dog, pay a fee established by the County for a kennel of twelve (12) or fewer dogs, and an additional fee per dog established by the County per dog for each dog in excess of twelve (12) dogs VACCINATION OF DOGS. The owner of any dog in the county over the age of five (5) months shall have such dog vaccinated for the prevention of rabies by a licensed veterinarian. The owner shall be responsible for attaching evidence of said anti-rabies inoculation to a substantial collar kept on the dog. Such evidence of inoculation shall be removed by the owner when the effect of the vaccine as stated by the veterinarian expires LICENSE TAG. (1) Upon payment of the required dog license tax and upon presentation of evidence that the dog is currently immunized against rabies, the collecting official shall complete and issue to the owner a license for the dog bearing a serial number, stating the date of expiration, the owner's name and address, the name, sex, breed, color of the dog and whether or not the animal is spayed or unneutered. (2) License tags shall be attached by the owner to a substantial collar, and during the term of the license shall at all times be kept on the dog for which the license was issued. Section 54.12(2), Taylor County Code, shall not apply when the dog is being worked, and the nature of the work requires removal of the collar and tags, and the tags are in the possession of the controlling person. If a dog does not have a current license and/or current rabies tags attached to its collar, it shall be prima facie evidence of violation of

6 Chapter 54 Animal Control Regulations Page 6 of 7 Sections 54.12, 54.13, and 54.14, Taylor County Code. The fact that the owner has the tags in his/her possession shall not be a defense. Section 54.12(2), Taylor County Code, shall not apply when the dog is being worked, and the tags are in the possession of the controlling person TRANSFER OR CHANGE OF OWNERSHIP. When the permanent ownership of a dog is transferred, the license may be transferred by the Treasurer upon notification by notation on a license record giving name and address of the new owner TAG NOT TRANSFERRABLE. A license tag issued for one dog may not be transferred to another dog, except in the case of kennel license tags DURATION OF A LICENSE. All licenses shall expire on December 31st EXEMPTIONS TO LICENSE REQUIREMENTS. (1) The requirements of licensing dogs shall not apply to such dog if: (a) The dog is in transit through the County only. (b) In the first thirty (30) days of residency by the owner. (c) Housed temporarily in an animal grooming shop or veterinary clinic. (d) Kept only for education or scientific purposes by a political division or subdivision of the state, county, or municipal government or a school district or part thereof or an independent school or school system which does not receive funds from taxpayers and is not included on the property tax, or is possessed by a licensed veterinarian or his/her agent. (e) If it is specifically trained for and used to lead or guide deaf or blind persons or is specifically trained for and used to provide support for mobility impaired persons IMPOUNDMENT FEES. (1) The Taylor County Law Enforcement and Emergency Services Committee shall be authorized to establish daily fees for the impoundment of animals ordered by the Taylor County Sheriff's Department. (2) Animal owners shall make payment to Taylor County for all fees due prior to recovering their animal from the County authorized impoundment.

7 Chapter 54 Animal Control Regulations Page 7 of PENALTIES FOR VIOLATING CHAPTER 54, TAYLOR COUNTY CODE. Citations may be issued for violations of Chapter 54, Taylor County Code, as specified and if a penalty is not specifically specified in Chapter 54, Taylor County Code, then by any applicable provisions of the Wisconsin State Statutes. HISTORY: THE ENTIRE CHAPTER 54 WAS REPEALED AND RECREATED 4/15/2014, ORDINANCE 611