ORDINANCE NO. 200
TO PROVIDE FOR THE CONTROL and REGULATION of DOGS and CATS
An Ordinance to repeal Ordinance 61, Ordinance 113 and Ordinance 120 of the
Ordinances of the Village of Silver Lake regulating and licensing dogs and to create an
Ordinance to provide for the control and regulation of dogs and cats, licensing of dogs,
rabies control and the regulation and licensing of dog kennels, and providing for fees
and forfeitures.
The Village Board of Trustees of the Village of Silver Lake do ordain as follows:
SECTION 1 - DEFINITIONS.
a. DOGS shall mean all individual species of the canine family (Canidae),
including male or female, sexed or neutered.
b. CATS shall mean all individual species of the feline family, including male or
female, sexed or neutered.
c. VILLAGE shall mean the Village of Silver Lake.
d. KEEPER shall mean any person, firm, association, and corporation which
owns, possesses, keeps, has, uses, harbors, holds or maintains any dog or cat.
e. PERSONS shall mean any individual, firm, association or corporation.
f. LICENSE shall mean the dog license provided by Chapter 174 Statutes of the
State of Wisconsin and the permits issued by the Village of Silver Lake.
g. SANITARY shall mean the condition of good order and cleanliness which
precludes the probability of disease transmission.
h. OFFICIAL or HEALTH OFFICER shall mean any Village Police Officer, Health
Officer or any other duly authorized Village Official or authorized agent.
(amendment with Ordinance No. 435, adopted 08-20-03, begins)
i. RESCUE DOGS shall mean dogs that are taken in as foster dogs until a suitable
home is found and/or medical problems have been treated. (amendment with
Ordinance No. 435 ends)
(amendment with Ordinance No. 436, adopted 10-15-03, begins)
j. VICIOUS or DANGEROUS ANIMAL is any animal that attacks, bites or
physically injures human beings, domestic animals, or livestock without adequate
provocation, or which, because of temperament or training, has a known propensity to
attack, bite, or physically injure human beings, domestic animals or livestock. Any wild
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animal or any animal that without provocation has bitten or attacked a human being or
other animal shall be prima facie presumed vicious or dangerous. (amendment with
Ordinance No. 436 ends)
SECTION 2 - STATE STATUTES ADOPTED.
The following sections of the Statutes of the State of Wisconsin, 1975, are
hereby adopted by reference as a part of this Ordinance in the same manner and effect
as if said statutes were set forth in full:
a. 174.01 - relating to killing of dog.
b. 174.05 - relating to the dog license tax for dogs of more than five months of
age. The Village Treasurer shall collect the tax and issue the license.
c. 174.055 - exemption of dogs for the blind.
d. 174.056 - dogs for the blind admitted to public places.
e. 174.07 - dog licenses and collar tags.
f. 174.10 - unlicensed dogs to be impounded; without a collar, presumed to be
unlicensed.
SECTION 3 - ADDITIONAL FEES.
(amendment with Ordinance No. 435, adopted 08-20-03, begins)
As provided in Section 174.05 Statutes of the State of Wisconsin, a late fee
charge in the amount of $5.00 shall be made by the Village Treasurer or collecting
officer for all dog licenses purchased after April 1st, which increased fee shall be for the
cost of collecting such delinquent taxes. (amendment with Ordinance No. 435
ends)
SECTION 4 - RUNNING AT LARGE PROHIBITED.
a. It shall be unlawful for the owner or keeper of any dog or cat to permit such
animals to run at large. For the purposes of this Ordinance "running at large" shall
mean the presence of a dog or cat at any place other than on the premises of its owner
or keeper and not on a leash or otherwise under the immediate control of a person
authorized by such owner or keeper to take charge of such animal.
b. No person shall cause or permit a dog or cat to be on property, public or
private, not owned or possessed by such keeper unless such person has in his
immediate possession an appropriate device for scooping excrement and an appropriate
depository for the transmission of excrement to a receptacle located upon property
owned or possessed by such keeper, and any such person who shall fail to scoop and
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remove excrement left by such dog or cat to a proper receptacle as set forth herein
shall be subject to the penalties for violation of this Ordinance. This section shall not
apply to any visually handicapped person who for that reason is being led by a dog
specially trained to lead blind persons, if such dog is wearing a harness and the visually
handicapped person has presented credentials issued by an accredited school for
training dogs for the blind.
c. In addition to the penalties and forfeitures set forth in Section 21, any person
who shall be convicted of violation of this section (a) or (b) three times in any one year,
shall be deemed to have created a public nuisance by permitting a dog or cat to run at
large and such animal may be proceeded against as a public nuisance under Chapter
823 Statutes of the State of Wisconsin.
SECTION 5 - NUISANCE.
a. No person shall keep or harbor any dog which by loud or frequent or habitual
barking, yelping or howling shall cause serious annoyance to the neighborhood or to
persons using the sidewalks or streets as pedestrian or vehicle traffic. No person shall
keep or harbor any cat which by loud or frequent or habitual yowling or howling shall
cause serious annoyance to the neighborhood or to persons using the sidewalks or
streets as pedestrian or vehicle traffic. Such dog or cat is deemed to be a public
nuisance and may be proceeded against in the same manner as other public nuisances.
In addition to such actions to abate a nuisance, the owner or keeper shall be subject to
the penalties and forfeiture as set forth in Section 21.
(amendment with Ordinance No. 436, adopted 10-15-03, begins)
b. Every vicious or dangerous animal shall be confined by its owner or
authorized agent of its owner within a building or secure enclosure and, whenever off
the premises of its owner, shall be securely muzzled and restrained with a chain having
a minimum tensile strength of three hundred (300) pounds and not more than three (3)
feet in length, or caged. Every person harboring a vicious or dangerous animal is
charged with an affirmative duty to confine the animal in such a way that children do
not have access to such animal.
c. PENALTIES. Any person violating or permitting the violation of Subsection (b)
of this Section shall, upon conviction be subject to a forfeiture of not less than two
hundred (200) dollars nor more than five hundred (500) dollars, and upon failing to pay
said forfeiture, may be imprisoned in the County Jail for not more than ninety (90) days
or be subject to other penalties as provided by law. Each day that a violation of this
Section continues shall be deemed a separate violation. Any animal found to be the
subject of a violation of this Section shall be subject to immediate seizure,
impoundment and removal from the Village by Village officials, in the event the owner
or keeper of the animal fails to remove the animal from the Village. In addition to the
foregoing penalties any person who violates this Section shall pay all expenses,
including shelter, food, handling and veterinary care necessitated by the enforcement of
this Section. (amendment with Ordinance No. 436 ends)
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SECTION 6 - IMPOUNDING DOGS.
a. Any dog found running at large as defined in this Ordinance shall, if possible,
be captured and impounded in the Village Dog Pound, provided, however, that if any
such dog is fierce or dangerous it may be disposed of forthwith. Whenever any
impounded dog shall bear an identification mark, a license tag, or rabies tag, or any
other distinguishing features which would permit the impounding officer to identify the
owner of said dog, the owner shall be notified immediately of the dog's impoundment.
b. Upon the impounding of any dog whose identification and owner is unknown
to the impounding officer, said officer shall publish by posting in the same manner as
ordinances and resolutions of the Village of Silver Lake are posted, a description of the
dog, which notice shall further state that the owner may reclaim said dog upon payment
of the fees required by this Ordinance.
c. Any dog, if not sooner reclaimed by its owner or keeper, shall be held for a
period of seven days and at the end of such period may be disposed of or destroyed in
a humane manner.
SECTION 7 - RECLAMATION BY OWNER.
a. Any owner may reclaim a dog from the Village Dog Pound or other place of
impoundment as authorized by the Village Board upon payment of $15.00 as the cost of
capturing and impounding said dog and the cost of boarding said dog and such charges
as may be set by the Village Board by resolution for the keeping of said dog together
with the cost of any inoculations for rabies and distemper paid by the Village of Silver
Lake, and the payment of any fines or forfeitures imposed by this Ordinance.
b. The impounding officer or person in charge of the Village Pound shall be
authorized to collect from the owner fees and charges set forth in this Ordinance, and
shall issue a receipt therefore. Said funds shall be delivered to the Village Treasurer no
later than the next business day.
SECTION 8 - IMPOUNDING CATS.
Any stray cat which is found running at large may be impounded and disposed of
in the same manner as set forth above for impounding dogs, except that the charge for
keeping any cat shall be one-half of that charge set by the Village Board for keeping of
dogs.
SECTION 9 - RABIES CONTROL.
It shall be unlawful for any person or keeper to own, keep, hold, harbor or have
in his possession or under his control, any dog or cat which has not been vaccinated or
inoculated with a rabies vaccine licensed by the United States Department of
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Agriculture. Such vaccination must be performed by a duly licensed veterinarian.
SECTION 10 - RABIES VACCINATION REQUIRED.
a. After the 5th day of July, 1977, every dog or cat who is five months of age or
older shall, within thirty days be vaccinated against rabies. Young dogs and cats shall
be vaccinated within thirty days after they have reached the age of five months. All
unvaccinated dogs or cats acquired or which move into the Village must be vaccinated
within thirty days after purchase or after arrival, and each dog must be revaccinated at
not more than twenty-four month intervals and each cat shall be revaccinated at not
more than twelve month intervals.
b. It shall be the duty of the veterinarian at the time of vaccinating any dog or
cat to complete a certificate of rabies vaccination in duplicate, which shall include the
following information:
1.
2.
3.
4.
5.
Owner's name and address.
Description of dog or cat, by breed, sex, markings, name, age, etc.
Date of vaccination.
Rabies vaccination tag number.
Types of rabies vaccination administered, and manufacturer's serial
number of said vaccine.
The veterinarian shall keep a record of such vaccination and shall provide the
owner with two copies of the certificate mentioned herein. One copy of said certificate
shall be presented to the Village Treasurer at the time a license for a dog is obtained.
c. At the time of vaccination, a suitable and distinctive metal or durable plastic
tag shall be issued to the dog owner indicating the dog has been inoculated as provided
by this Ordinance, and such tag shall be affixed to the collar or harness of the dog in
the same manner as the dog license tag issued under Section 2 of this Ordinance, and
said collar or harness shall be affixed to said dog whenever it is out of doors whether on
or off the owner's premises. No collar or harness shall be required for cats.
d. No license for any dog shall be issued by the Village Treasurer without
receiving a copy of a certificate of vaccination as set forth above.
SECTION 11 - IMPOUNDMENT OF SUSPECTED ANIMALS.
a. Any dog or cat suspected of being afflicted with rabies, or any dog or cat not
vaccinated in accordance with the provisions of this Ordinance which has bitten any
person or caused an abrasion of the skin of such person, shall be seized and impounded
under the supervision of a licensed veterinarian for a period of not less than ten days.
After ten days and upon examination by a veterinarian, the dog or cat has no signs of
rabies, it may be released to the owner, or in the case of a stray or animal running at
large, it shall be disposed of in accordance with this Ordinance.
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b. Every dog or cat that has bitten or scratched a human is to be examined by a
licensed veterinarian and confined by the owner at home for at least a ten day period
and then reexamined and released by the veterinarian. If the animal is a rabies
suspect, it shall be confined in the care of a licensed veterinarian as set forth above.
Each veterinarian shall notify the Village Clerk who shall in turn bring the matter to the
attention of the Village Health Officer of any animal which has bitten or scratched a
human and is examined by a veterinarian.
SECTION 12 - IMPOUNDING DOGS WITHOUT RABIES TAG.
a. Any dog found on or off the owner's premises and not wearing a valid rabies
vaccination tag, shall be impounded. All impounded dogs shall be given proper care
and maintenance and each impounded dog shall be kept and maintained at the pound
in accordance with provisions in Section 6. Notice of impoundment of all animals,
including any significant marks of identification shall be posted in the same manner as
ordinances of the Village of Silver Lake as a public notification of impoundment. Any
unvaccinated dog or cat may be reclaimed by its owners during the period of
impoundment by payment of the prescribed fees as set forth in this ordinance and
complying with the rabies vaccination requirement within seventy-two hours of the
release.
b. The owner or keeper of any dog or cat who obtained the release of said
animal and does not exhibit to the impounding officer, or other authorized official, a
certificate of vaccination showing that the animal has been properly vaccinated by a
licensed veterinarian, the animal shall be retaken by the impounding officer or
authorized official and re-impounded.
c. Any vaccinated dog or cat impounded because of no evidence of rabies
vaccination (collar tag for dogs) may be reclaimed by its owner by furnishing proof of
rabies vaccination and payment of all impoundment fees prior to release. A lost rabies
tag shall be replaced by the owner or keeper upon release of the dog.
SECTION 13 - ANIMALS BITTEN BY RABID ANIMALS.
In the event of dogs or cats known to have been bitten or scratched by a rabid
animal, the following rules shall apply as to unvaccinated dogs and cats.
1. In those cases where a dog or cat has not been vaccinated in accordance
with the provision of this Ordinance and which has been bitten or scratched by a known
rabid animal, said dog or cat shall be immediately destroyed.
2. If the owner is unwilling to destroy said bitten or scratched animal, a strict
isolation of said dog or cat in a kennel under a veterinarian's supervision for a period of
six months may be enforced.
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3. If the bitten or scratched dog or cat has been vaccinated in accordance with
the provisions of this Ordinance, the animal shall immediately be revaccinated and
confined for a period of thirty days following the vaccination, or if not immediately
revaccinated the dog or cat shall be confined in strict isolation in a kennel for six
months under the supervision of a veterinarian, or if the owner is unwilling to have the
dog or cat revaccinated or confined as mentioned in Sections 1 and 2 above, the dog or
cat shall be destroyed.
SECTION 14 - EMERGENCY RABIES CONTROL.
a. The Village Board of Health is hereby authorized to declare an emergency
rabies condition exists within the Village of Silver Lake, or the surrounding area, upon
receipt of evidence of a positive diagnosis of rabies or upon information supplied by the
State, County or Regional Health Officials, that a rabies epidemic may be imminent, the
Village Board of Health shall for the protection of public health, declare a Village wide
quarantine, and during such quarantine, all dogs and cats shall be restricted to the
owner's premises only and shall not be permitted to leave the owner's premises except
for being transported to a veterinarian. Dogs or cats found off the owner's premises
during such quarantine period may be destroyed on sight.
b. The Village Board of Health with the other appropriate Village officials, shall
plan and execute a combined animal control and anti-rabies campaign, and make all
other provisions necessary to alleviate the emergency, and shall be authorized to
cooperate with appropriate officials of other municipalities to affect an emergency
rabies control for the entire area.
SECTION 15 - COST OF RABIES VACCINATION.
The cost of rabies vaccination and distemper shots when required by this
Ordinance, shall be borne by the owner or keeper of the dog or cat.
(amendment with Ordinance No. 435, adopted 08-20-03, begins)
SECTION 16 - EXCEPTIONS
a. Exception for Transient Animals. The provisions of this Ordinance with
respect to vaccination shall not apply to any dog or cat owned by a person temporarily
remaining in the Village of Silver Lake for less than thirty days, or such dog or cat
brought into the Village for showing said animal or field trials, always provided that the
owner of such animal shall have positive evidence that the dog or cat has been
inoculated against rabies and distemper.
b. Exception for Rescue Dogs. The provisions of this Ordinance with respect to
licensing shall not apply to Rescue Dogs temporarily housed in the Village for the
purpose of treating and finding a suitable home. Rescue Dogs shall not be kept for
more than sixty (60) days in each individual instance. (amendment with Ordinance
No. 435 ends)
Ordinance 200 – Dogs and Cats
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SECTION 17 - DOG KENNEL REGULATIONS. DEFINITIONS.
a. KENNEL means any establishment or place where four or more dogs are kept
for the purpose of breeding, sale or sporting purposes, it being deemed that the
keeping of four or more dogs shall constitute prima facie evidence of the operation of a
kennel upon the premises and the burden shall be upon the owner or keeper to show
otherwise.
b. LICENSEE means any person, corporation, partnership, who owns, keeps or
operates the kennel within the Village of Silver Lake.
SECTION 18 - KENNEL LICENSE REQUIRED.
a. It shall be unlawful for any person, corporation, or partnership, to keep, own
or operate a kennel within the Village of Silver Lake without first obtaining a license
therefore.
b. Application. Any person, corporation or partnership desiring to procure a
license as herein provided, shall file with the Village Clerk, a written application. Such
application shall contain the names, residences and ages of the applicants, a full
description of the premises, location of all entrances, the housing and facilities to be
furnished the animals, the total number of animals to be accommodated, and the
proposed plans of operation, including applicant's methods and plans for keeping
kennels clean and sanitary, and a description of the nature and use of property adjacent
to the proposed location of the kennel. A fee of $25.00 shall accompany said
application.
c. Upon the filing of said application, the Village Clerk shall transmit copies to
the Village Plan Commission for the purpose of the commission's review, consideration
and recommendation to the Village Board.
The Plan Commission shall hold a public hearing upon said application, which
hearing shall be held on not less than ten days notice. Notice shall be mailed to the
applicant and property owners in the area in which the kennel is to be located. The
public shall be generally notified by publication and posting in the same manner as
publication of ordinances and other official notices. At said public hearing, the Plan
Commission shall keep minutes of its proceedings which may be by means of a
mechanical recording device. The commission shall make a finding as to whether or not
the proposed kennel shall adequately provide for the humane and sanitary care of dogs,
that the zoning will permit a kennel to be established on the proposed site, and that all
ordinances, rules and regulations have been complied with, always provided that no
kennel shall be licensed to operate in a residentially zoned district.
The Plan Commission shall make its recommendation known to the Village Board
and the Village Board may grant the license, grant the license with certain conditions
Ordinance 200 – Dogs and Cats
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attached thereto, or deny the applicant's application for a kennel license.
The initial license granted under this Ordinance shall expire on the 31st day of
December in the year in which it was granted and thereafter the licensee shall annually
file for a renewal of the kennel license which shall run from January 1 to December 31
of each year. The fee for a renewal license shall be $10.00.
SECTION 19 - REVOCATION OF LICENSE.
Upon a complaint of any Police, Health or Humane Officer or any resident of the
Village of Silver Lake who shall be directly affected by the operation of a kennel under
this Ordinance to the Village Board in writing under oath alleging that said kennel is
operating in violation of the ordinances of the Village of Silver Lake or in an inhumane
or unsanitary manner or has for health or any other reason become a public nuisance,
the Board shall take said complaint under advisement, and if the Board is satisfied that
there is probable cause to believe that such allegations are true, the Board shall hold a
hearing on the matter to determine whether or not the licensee's kennel license shall be
suspended or revoked. Said hearing shall be in the nature of an Order to Show Cause
why said license should not be revoked and shall be held upon not less than ten days
notice to the licensee and the complainants. A copy of the complaint shall be attached
and served with the notice of hearing upon the licensee, his agent or any other person
in charge of the kennel in the manner set forth in Section 801.11 of the Statutes of the
State of Wisconsin.
Said hearing shall be held in not less than ten nor more than twenty days after
service of the notice of hearing. The Board shall have the power to continue or adjourn
the hearing from time to time for the Board's convenience.
If the complainants do not appear at said hearing, the Board shall dismiss the
complaint. All parties shall be permitted to appear at said hearing, give testimony,
cross-examine witnesses and be represented by counsel.
The Board shall appoint a clerk who shall make a record of the proceedings,
either in writing or by mechanical devices. At the close of said hearing the Board may
take the matter under advisement, and if the Board shall be satisfied that the
allegations in the complaint are true, the Board may suspend or revoke the said kennel
license. If the Board is not satisfied that the allegations are true, the Board shall
dismiss the complaint. The Board's decision shall be in writing served upon the parties
by first class mail to the last known address. Any party aggrieved by the Board's
decision may appeal same to any court of record within thirty (30) days of the date of
mailing a Board's decision.
This provision for revocation of license shall not prohibit or be in lieu of any other
forfeiture or penalty contained herein for violation of this Ordinance.
Ordinance 200 – Dogs and Cats
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SECTION 20 - DOG LICENSES FOR KENNELS.
Section 174.06(2), (b), (c) and (e) Statutes of the State of Wisconsin relating to
dog kennels and dog licenses is hereby adopted by reference as a part of this
Ordinance in the same manner and effect as if said Statutes were set forth in full.
SECTION 21 - PENALTIES.
Any person, corporation, or partnership who shall violate any provision of this
Ordinance shall, upon conviction thereof, forfeit not less than $10.00 or more than
$50.00 for the first offense and not less than $40.00 or more than $200.00 for the
second offense within one year, together with the cost of prosecution, and in default of
payment of such forfeiture and costs, shall upon Court order be confined in the County
Jail for Kenosha County until said forfeiture and costs are paid up to a period of fifteen
days. Each violation and each day of violation that continues or occurs shall constitute
a separate offense.
SECTION 22 – SEPARABILITY and CONFLICT.
If any section, subsection, paragraph, sentence or clause or portion of this
Ordinance is for any reason held invalid or unconstitutional by any court of competent
jurisdiction, such portion shall be deemed separate and distinct and independent from
the other provisions, and such wholly shall not affect the validity and remaining portion
of this Ordinance.
SECTION 23 – EFFECTIVE DATE.
This Ordinance shall take effect from and after its passage and posting as
provided by the ordinances of the Village of Silver Lake.
INTRODUCED the 7th day of June, 1977.
ADOPTED the 5th day of July, 1977.
Richard C. Harrison
Village President
Charles P. Walker
Village Clerk
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List of Amendments
Ordinance No. 435 in Section 1 – Definitions
Creates Section 1(i) – Rescue Dogs – adopted 08-20-03.
Ordinance No. 435 in Section 3 – Additional Fees
Amends Section 3 – Additional Fees – adopted 08-20-03.
Ordinance No. 435 in Section 16 – Exceptions
Amends Section 16(a) – Exception for Transient Animals – adopted 08-20-03.
Creates Section 16(b) – Exception for Rescue Dogs – adopted 08-20-03.
Ordinance No. 436 in Section 1 – Definitions
Creates Section 1(j) – Vicious or Dangerous Animal – adopted 10-15-03.
Creates Section 5(b) – Nuisance – adopted 10-15-03.
Creates Section 5(c) – Nuisance – Penalties – adopted 10-15-03.
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