ORDINANCE #08-17
REPEALING AND RECREATING CHAPTER 86
DE PERE MUNICIPAL CODE REGARDING DOGS AND OTHER ANIMALS
THE COMMON COUNCIL OF THE CITY OF DE PERE DO ORDAIN AS
FOLLOWS:
Section 1: Chapter 86 De Pere Municipal Code is hereby repealed and recreated
as follows:
CHAPTER 86, DOGS AND OTHER ANIMALS
86-1
DOG AND CAT LICENSES
(1)
LICENSE REQUIRED. The owner of a dog or cat more than five months
of age within the license year, shall annually, or on or before the date the dog or cat
becomes five months of age, pay the dog or cat license fee and obtain a license as used
herein. The word “owner” shall include every person keeping, harboring or having
charge or control of or permitting any dog or cat to habitually remain in or be lodged or
fed within such person’s yard, house or premises.
(2)
FEE. The license fee shall be as set by resolution of the Common
Council. The license year commences on January 1 and ends the following December
31. The license fee shall not be required for governmental police dogs or other dogs
subject to the exemptions under §§174.954, 174.055 and 174.056 Wis. Stats.
(3)
LATE FEES. The City Clerk-Treasurer shall assess and collect a late fee
as determined by resolution of the Common Council from every owner of a dog or cat
five months of age or over if the owner fails to obtain a license prior to April 1 of each
year, or within 30 days of acquiring ownership of the licensable dog or cat, or if the
owner fails to obtain a license on or before the dog or cat reaches the licensable age.
(4)
ISSUANCE OF LICENSES AND COLLAR TAGS. Upon payment of
the required dog or cat license fee and presentation of the required evidence that the dog
or cat is currently immunized against rabies, the City Clerk-Treasurer shall complete and
issue to the owner a license for the dog or cat bearing a serial number and in the form
prescribed by the State of Wisconsin stating the date of its expiration, owner’s name and
address, and the name, sex, spayed or unsprayed, neutered or unneutered, breed, and
color of the dog or cat. After issuing the license, the City Clerk-Treasurer shall also
deliver to the owner a tag of durable material bearing the same serial number as the
license and specify the license year. The owner shall attach the tag to the animal’s collar
and the collar with tag attached shall remain on the animal.
Ordinance #08-17
86-2
RABIES CONTROL
(a)
The provisions of §95.21 Wis. Stats., as may be amended from time to
time, together with any Administrative Rules promulgated and adopted in accordance
therewith, are hereby adopted and incorporated by reference into this code of ordinances
for the purpose of rabies control.
(b)
VACCINATION OF DOG OR CATS REQUIRED.
(1)
(2)
(3)
(c)
The owner of a dog or cat shall have the animal vaccinated by a
licensed veterinarian on or before the date the animal reaches five
months of age.
An owner who imports an animal into the City of De Pere that has
reached five months of age must have the animal vaccinated by a
licensed veterinarian as evidenced by a current certificate of rabies
vaccination from this state or another state before locating within
the City limits.
The owner of a dog or cat shall have the animal vaccinated:
a.
within one year after initial vaccination; or
b.
before the date that the immunization expires, as stated
on the vaccination certificate; or
c.
within one year after the previous vaccination, if no date
is specified on the certificate.
ANIMALS SUSPECTED OF BITING PEOPLE.
(1)
All incidents occurring in the City in which any animal bites or
scratches a person or other animal or is suspected of such, shall
immediately be reported to the City Health Department or to the
Police Department by any person having knowledge of such
incident.
(2)
The provisions of §95.21 Wis. Stats. shall be followed.
(3)
If an animal which has been quarantined in accordance with this
section dies during the quarantine period, the person having
custody of the animal shall immediately notify the City of De Pere
Health Officer or designee and shall not destroy or dispose of the
dead animal until all specimens as directed by the Health Officer
have been obtained and permission by the Health Officer is given
to dispose of the dead animal.
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86-3
LIMITATIONS ON NUMBER OF ANIMALS ALLOWED
The number of dogs or cats allowed per dwelling unit within the City is four (4),
with the maximum number of cats being three (3) and the maximum number of dogs
being two (2). Dwelling unit for the purpose of this provision shall mean any habitable
room or group adjoining habitable rooms located within a dwelling and forming a single
unit with facilities which are used, or intended to be used, for living, sleeping, cooking
and eating of meals.
86-4
PROHIBITED ANIMALS
(a)
No person shall bring into, keep, maintain, offer for sale or barter, or
release to the wild, nor shall any person permit such activities to occur on premises
owned, controlled, rented or maintained by that person:
(1)
Any fowl, chicken, turkeys, ducks, geese, cows, cattle, horses,
sheep, swine, goats, pot-bellied pigs, or any other domesticated
livestock, unless part of an agricultural operation, and authorized
by the City of De Pere Zoning Ordinance Chapter 14 of the
Municipal Code and the De Pere Health Department.
(2)
Wild animals, including but not limited to, any live monkey, or
other non-human primate, raccoon, skunk, prairie dog, fox, wolf,
panther, lynx, opossum, or any other warm-blooded animal which
can normally be found in the wild state. For the purposes of this
code, wolf-dog hybrids are considered wild animals.
(3)
Any poisonous or venomous, biting or injecting species of reptiles,
amphibians, arachnids, or insects, including bees.
(4)
Snakes not indigenous to Wisconsin or any snake exceeding three
feet in length.
(b)
The above paragraph shall not be construed to apply to zoological parks,
circuses or like entertainment organization or to an educational or medical institution.
(c)
DANGEROUS ANIMALS.
1.
The provisions of this ordinance regarding dangerous animals shall
not apply to dogs owned by law enforcement agencies and used for law
enforcement purposes.
2.
The term “dangerous animal” means:
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A.
B.
C.
D.
E.
3.
Any animal that, while off the owner’s or custodian’s
property, has killed a person, domestic pet or other animal
with or without provocation.
Any animal that, without provocation, inflicts substantial
bodily harm (meaning bodily injury that causes a laceration
that requires stitches, any fracture of bone, a concussion, a
loss or fracture of a tooth or any temporary loss of
consciousness, sight or hearing) on a person, domestic pet
or animal on public or private property.
Any animal which chases or approaches a person in a
menacing fashion or apparent attitude of attack without
provocation upon the streets, sidewalks, or any public
grounds or on private property with the permission of the
owner or person in lawful control of the property.
Any animal that has been declared dangerous or vicious,
banished from or ordered to be destroyed by any other city,
village, town or county.
Any dog trained, owned or harbored for the purpose of dog
fighting.
Determination of a Dangerous Animal
A.
Any police officer or the City’s Health Officer may issue
an order declaring an animal to be a dangerous animal.
Such order shall be personally delivered to the apparent
owner or custodian of the animal in question. If the owner
or custodian wishes to contest such order, he or she shall,
within 72 hours after receipt of the order, file with the City
Health Officer a written objection to the order. The written
objection shall include specific reasons for objecting to or
contesting the order. If an owner or caretaker makes such
an objection to the order, a hearing on such order will be
held before the Board of Health.
B.
Pending the outcome of the hearing, the animal must be
securely confined in a humane manner either on the
premises of the owner or caretaker or with a licensed
veterinarian. If confined on the premises of the owner or
custodian, the following requirements shall apply:
i.
The animal may not be permitted to go outside its
kennel or pen unless the animal is securely
restrained with a leash no longer than 4 feet in
length by a person who is at least 16 years of age
who is in physical control of the leash, competent to
govern the animal and capable of physically
controlling and restraining the animal. The animal
may not be leashed to inanimate objects such as
trees, posts and buildings. The animal on a leash
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ii.
iii.
iv.
C.
4.
86-5
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.
Except when leashed and muzzled, or securely
kenneled or penned, all animals declared dangerous
while pending appeal shall be securely confined
indoors. No dangerous animal may be kept on a
porch, patio or in any part of a house or structure on
the premises 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 screened windows or
screened doors are the only obstacle preventing the
animal from exiting the structure.
The premise housing the animal pending appeal
shall have displayed in prominent places near all
entrances to the premises, signs in letters of not less
than 2 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, a sign with a symbol warning
children of the presence of a dangerous animal shall
also be prominently displayed.
If the owner or custodian fails to follow the above
requirements pending appeal of the order, the
animal may be impounded by the officer issuing the
dangerous animal order.
After the hearing, the owner or caretaker shall be notified
in writing of the Board’s determination. If a determination
is made that the animal is dangerous, the animal shall be
removed from the City within 48 hours of the
determination.
Destruction. The provision of §174.02 Wis. Stats. shall apply to
any dog or other animal that has caused bodily harm to a person or
persons on 2 separate occasions off the owner’s premises, without
reasonable cause.
KEEPING OF ANIMALS
(a)
ANIMALS AT LARGE. No person shall suffer or permit any animal of
which he or she is the owner or custodian, to be at large within in the City. An animal
shall be deemed to be at large unless crated, penned or securely tied or chained in such a
manner that such animal cannot proceed beyond the boundaries of the property of the
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owner or custodian and onto public right-of-way or other private property. Any animal
allowed to leave the boundaries of the property of the owner or custodian shall be under
the immediate control of a person by means of a rope, chain, cord or leash which is not
more than 4 (four) feet in length and which is of sufficient strength to control the actions
of the animal.
(b)
Chapter 30 of this code shall govern the presence of animals in City Parks.
(c)
ANIMAL WASTE.
1.
Property of others.
A.
Except as provided below, no person who has custody of a
dog, cat or other animal shall permit such animal to
defecate upon property other than that of its owner or
custodian unless the custodian immediately thereafter
cleans up and removes such animal excretion from such
property. No person who has custody of a cat, dog, or
other animal shall walk or escort such animal off the
property of the owner or custodian unless the person is in
possession of equipment to clean up any excrement which
may be deposited by such animal.
B.
2.
(d)
This provision shall not apply in cases of an animal used by
law enforcement while performing law enforcement
functions. In such circumstances, removal of such
excrement shall be done by such law enforcement agency
having ownership of the animal as soon as practicable.
Property of owner or custodian. Animal excrement which has
been permitted to be deposited on the property of the owner or
custodian of the animal shall be removed within 24 hours of
deposit. All droppings are to be deposited according to Chapter 82
of this Code.
ANIMAL STRUCTURES.
All yards, pens or other structures wherein any animal is kept shall be of
such construction so as to be easily cleaned and kept in good repair. The
inside and outside of such structures shall be whitewashed or painted as
often as necessary to keep them clean, or finished with such material as
can be easily cleaned. All such structures shall be kept clean and sanitary
at all times, and shall not cause any objectionable odor. Accumulations of
cleanings or excrement of more than twenty-four hours in any structure
shall be deemed a violation of this section. All yards, pens or other
structures wherein any animal is kept shall be so constructed as to prevent
rodents from gaining access to the inside of such structure or to any
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substance used in connection with such structure which would furnish
them food and shelter. The health officer or designee shall, in accordance
with best practice, determine what shall constitute rodent proof
construction.
(e)
§174.02 Wis. Stats. shall govern an owner’s liability for damage or injury
caused by dogs.
86-6
IMPOUNDMENT OF ANIMALS
(a)
ANIMAL POUND. The Humane Society and Animal Shelter, Inc., is
designated as the City animal pound for dogs and cats. If such shelter is unable to accept
any impounded dog or cat, the officer may arrange for alternate impoundment with a
veterinary clinic.
(b)
ANIMALS TO BE IMPOUNDED. The City Officer charged with the
responsibility to enforce Section 86-2 shall impound any dog or cat under the following
circumstances:
(1)
(2)
(3)
(4)
Any animal referred to in Section 86-2(c).
Any dog or cat found off the owner’s premises not wearing a valid
rabies vaccination tag.
Any dog or cat off the premises of its owner and not under the
control of some person.
Any dog or cat not wearing a valid license tag which is outdoors
and not securely confined, whether upon or off the owner’s
property.
(c)
DELIVERY AND RELEASE. Upon capture and restraint, the officer
shall deliver any dog or cat referred to above to the City’s designated place of
impoundment.
(1)
The pound, or in case of placement in an alternate placement of
impoundment, each shall comply with the requirements of Wis.
Stats. 174.046(3) and (4) relating to owner notification and
recording.
(2)
The pound or keeper of an alternate place of impoundment shall be
entitled to the usual and customary boarding charges collect by
them which charges shall be paid by the owner prior to release of
the dog.
(3)
In addition to payment of the boarding fee and any penalty
imposed for violation of this section, no owner shall be entitled to
the release of any dog or cat unless the owner provides his name
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and address and submits proof that the dog is licensed and
vaccinated against rabies as required by section 86-2.
(4)
Section 2:
Any dog or cat not claimed by its owner within seven days shall be
disposed of pursuant to Wis. Stats. §174.046(8) or (9).
All ordinances or parts of ordinances in conflict herewith are
hereby repealed.
Section 3:
This ordinance shall take effect on and after its passage and
publication with the exception of licensing of cats under §86-1 hereof which shall take
effect on January 1, 2009.
Adopted by the Common Council of the City of De Pere, Wisconsin, this 2nd day
of September, 2008.
APPROVED:
__________________________________
Michael J. Walsh, Mayor
ATTEST:
__________________________________
Charlene M. Peterson, Clerk-Treasurer
Ayes: ___5___
Nays: ___4___
Nay-Castelic, Donovan, Heuvelmans, Van Vonderen. Mayor broke tie.
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