§ 10-15. Dangerous animals.

(a)

Dangerous animals regulated. No person may harbor or keep a dangerous animal within the village, unless all provisions of this subsection, as well as the general provisions of this chapter are complied with.

(b)

Declaration that animal is prohibited, dangerous or prohibited dangerous.

(1)

If a police, health or other designated officer determines that an animal is prohibited, dangerous or prohibited dangerous as defined in this section or elsewhere in this chapter, he or she may declare the animal to be prohibited, dangerous or prohibited dangerous. The police or health officer shall immediately inform the owner in writing, by personal service or certified mail, of such determination.

(2)

Hearing. If an owner contests the designation of the animal as prohibited, dangerous or prohibited dangerous, the owner may request a hearing in writing within 72 hours of issuance of the notice. Any interested party may present evidence as to whether the dog or other animal is prohibited, dangerous or prohibited dangerous. The hearing shall be held before the village board within no less than five days or more than ten days of the request for hearing.

(3)

Compliance with restrictions. Pending the decision of the hearing, the owner or caretaker must comply with provisions of this section. After the hearing, if the dog or other animal is determined to be dangerous, the owner must continue to comply with the provisions of this section. After the hearing, the owner shall be notified in writing of the determination. If the animal is declared to be prohibited or prohibited dangerous, the owner shall remove the animal from the village or have it humanely euthanized within the time period set by the village board, but in any case, no longer than ten days. Until removed from the village or euthanized, it must continue to be kept as noted in this subsection.

(4)

Appeal. If the owner contests the determination, he or she may appeal the decision in writing within ten days of receiving the decision, to the Milwaukee County Circuit Court.

(5)

The owner or caretaker of any animal which is or has been declared prohibited, dangerous or prohibited dangerous, shall not give, sell or in any way transfer ownership to any other person residing in the village.

(6)

The issuance of a citation for a violation of this section need not necessarily be predicated on a determination by the officer, that an animal is prohibited, dangerous or prohibited dangerous animal.

(c)

Leash and muzzle. No person owning, harboring or having the care of a dangerous animal, may permit such animal to go outside its kennel or pen, unless the animal is securely leashed with a leash no longer than four feet in length. No person may permit a dangerous animal to be kept on a chain, rope or other type of leash outside its kennel or pen, unless a person who is 16 years of age or older, competent to govern the animal and capable of physically controlling and restraining the animal is in physical control of the leash. The animal may not be leashed to inanimate objects such as trees, posts and buildings. A dangerous animal on a leash outside the animal's kennel shall be muzzled in a humane way by a muzzling device sufficient to prevent the animal from biting persons or other animals. A dangerous animal shall not be required to be muzzled when shown in a sanctioned American Kennel Club show.

(d)

Confinement.

(1)

Except when leashed and muzzled as provided in subsection (b), all dangerous animals shall be securely confined indoors or in a securely enclosed and locked pen or kennel that is located on the premises of the owner or caretaker, and constructed in a manner that does not allow the animal to exit the pen or kennel on its own volition.

(2)

When constructed in an open yard, the pen or kennel shall, at a minimum, be constructed to conform to the requirements of this paragraph. The pen or kennel shall be child-proof from the outside and animal-proof from the inside. A strong metal double fence with adequate space between fences (at least two feet) shall be provided so that a child cannot reach into the animal enclosure. The pen, kennel or structure shall have secure sides and a secure top attached to all sides. A structure used to confine a dangerous animal shall be locked with a key or combination lock when the animal is within the structure. The structure shall either have a secure bottom or floor attached to the sides of the pen or the sides of the pen shall be embedded in the ground no less than two feet. All structures erected to house dangerous animals shall comply with all village zoning and building regulations. All structures shall be adequately lighted and ventilated and kept in a clean and sanitary condition.

(e)

Confinement indoors. No dangerous animal may be kept on a porch, patio or in any part of a house or structure on the premises of the owner or caretaker that would allow the animal to exit the building on its own volition. No dangerous animal may be kept in a house or structure when the windows are open or when screen windows or screen doors are the only obstacle preventing the animal from exiting the structure.

(f)

Signs. The owner or caretaker of a dangerous animal shall display, in prominent places on his or her premises near all entrances to the premises, signs in letters of not less than two inches high, warning that there is a dangerous animal on the property. A similar sign is required to be posted on the kennel or pen of the animal. In addition, the owner or caretaker shall conspicuously display a sign with a symbol warning children of the presence of a dangerous animal.

(g)

Spay/neuter and identification chip requirement. Within 30 days after an animal has been designated dangerous, the owner or caretaker of the animal shall provide written proof from a licensed veterinarian that the animal has been spayed or neutered and has been implanted with an electronic identification chip.

(h)

Liability insurance. The owner or caretaker of a dangerous animal shall present to the village treasurer, proof that the owner or caretaker has procured liability insurance in an amount not less than $1,000,000.00 for any personal injuries inflicted by the dangerous animal, before a dog or cat license will be issued. Whenever such a policy is cancelled or not renewed, the owner, caretaker or insured shall so notify the village treasurer.

(i)

Notification. The owner or caretaker shall notify the police department or other designated officer within 24 hours if a prohibited, dangerous, or prohibited dangerous animal is at large, is unconfined, has attacked another animal, or has attacked a human being, has died, has been sold, or has been given away. If the animal has been sold or given away, the owner or caretaker shall also provide the officer or police department with the name, address and telephone number of the new owner of the animal. If the animal is sold or given away to a person residing outside the village, the owner or caretaker shall present evidence to the officer or police department showing that he or she has notified the police department or other enforcement agency of the animal's new residence, including the name, address and telephone number of the new owner of the dangerous animal.

(j)

Euthanasia. If the owner or caretaker of an animal that has been designated a dangerous animal is unwilling or unable to comply with the regulations for keeping the animal in accordance with this section, he or she may have the animal humanely euthanized by an animal shelter, a humane society or a licensed veterinarian.

(k)

Destruction. Any dog that has caused bodily harm to a person or persons on two separate occasions of the owner's premises without reasonable cause, may be destroyed as a result of judgment rendered by a court of competent jurisdiction, as specified under Wis. Stats. § 174.02(3), The village attorney may petition an appropriate court to obtain a court order to destroy such a dog.

(l)

Enforcement. The police department or other designated agency or officer may make whatever inquiry is deemed necessary to ensure compliance with this section.

(m)

Waiver. The village board may waive the provisions of this section for a law enforcement or military animal upon presentation by the animal's owner or handler of a satisfactory arrangement for safekeeping of the animal.

(Ord. No. 9-O-2003, 11-3-2003)