ORD1989647COMMON COUCICIL - CITY OF MUSKEGO-
OKDINANCE 864 7
AN ORDINANCE TO %PEAL AND RECREATE SECTION 13.01
OF THE MUNICIPAL CODE OF THE
CITY OF MUSKEGO
(Dogs)
THE COMMON COUNCIL OF THE CITY OF MUSKEGO, WAUKESHA COUNTY,
WISCONSIN DO ORDAIN AS FOLLOWS:
of the City of Muskego, Wisconsin, is hereby repealed and
recreated.
SECTION 1 : Chapter 13, Section 13.01 of the Municipal Code
SECTION 2: Sec. 13.01 of Chapter 13 of the Municipal Code,
entitled, An Ordinance to Repeal and Recreate Section 13.01 of
the Municipal Code of the City of Muskego, and adopted as
Ordinance #647, is hereby adopted and made part of the Municipal
Code of the City, to-wit: Section 13.01 thereof.
T'
SECTION 3: A copy of said ordinance has been on filqin the
Office of the City Clerk and open to public inspection for;not
less than two weeks prior to the date of this ordinance and said
ordinance is hereby incorporated into the Municipal Code of the
City.
SECTION 4: The several sections of this ordinance are
shall be declared by a decision of a court of competent
declared to be severable. If any section or portion thereof
jurisdiction to be invalid, unlawful, or unenforceable, such
decision shall apply only to the specific section or portion
thereof directly specified in the decision, and not affect the
validity of all other provisions, sections, or portion thereof of
other ordinance whose terms are in conflict with the provisions
the ordinance which shall remain in full force and effect. Any
of this ordinance are hereby repealed as to those terms that
conflict.
SECTION 5: This ordinance shall be in full force and effect
from and after its passage and publication.
Passed and approved this 9t:h day of May I 1 989.
"
CITY OF MUSKEGO
I ..
WAYNE G. SALENTINE, MAYOR
ATTEST :
City Clerk
PUBLISHED THIS 18th DAY OF M~~ s 19 - 89 .
COMMON COUNCIL - CITY OF MUSKEGO
ORDINANCE 647
AN ORDINANCE TO REPEAL AND RECREATE SECTiON 13.01
OF THE MUNICIPAL CODE OF THE
c:ry OF MUSKEGO
(Dogs)
THE COMMON COUNCIL OF THE CITY OF MUSKEGO, WAUKESHA COUNTY,
WISCONSIN DO ORDAIN AS FOLLOWS:
SECTION 1: Chapter 13, Section 13.01 of the Municipal Code
of the City of Muskego, Wisconsin is hereby repealed and
recreated.
SECTION 2: Sec. 13.01 of Chapter 13 of the Municipal Code
entitled, An Ordinance to Repeal and Recreate Section 13.01 of the Municipal Code of the City of Muskego is hereby created to
read as follows:
(1) Statutes Adopted. The current and futuro provisions of Ch. 174,
Wis. Stats., defining and regulating dogs, excluding provisions relating
to the penalty to be imposed 01: the punishment for violation of such
statutes, are adopted and made a part of this section by rzference. A
violation of any of such provisions constitutes a violation of this
section. Any future amendments, revisions, modifications or additions to
the statutes incorporated herein are intended to be made part of this
Ordinance.
I
(2) Definitions:
I 1. "Owner" as used in this ordinance means any person,
including a keeper or custodiar, owning, possessing, harboring or having
the care or custody, whether temporarily or peraanently, of a dog.
2. "Vicious Dog" as used in this ordinance means: 1) any dog
with a propensity, tendency, or disposition t3 attack or cause serious
injury to human beings or domestic animals: 2) any dog, which without
provocation, attacks or bites, or has attacked or bitten a human being or t.
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domestic animal causing serious injury; 3) any dog owned or harbored ~ +-a
primarily or in part for the purrrose of dog fighting or any dog trained
for dog fighting: or 4) any dog which has been found to be vicious by the
i4unicipal Court of the City of Muskego in a trial or hearing upon a
charge of harboring a vicious animal.
3. "Dangerous Dog" as used in this ordinance means: 1) any dog
which, because of its aggressive nature, training or characteristic
behavior, is capable of inflicting serious physical harm or death to
humans, and which would constitute a danger to human life or property if
it wers not keot in the manner required by this ordinance, 2) any dog
which, when unprovoked, chases lor .=?proaches a person in a menacing
fashion or apparent attitude of attack on public or private property, 3)
any dog which'has caused less than serious injuries to humans or domestic
animals, or 4) any dog which ha:: been found to be dangerous by the
Municipal Court of the City of :4uskego in a trial or hearing upon a
charge of harboring a dangerous animal. I. 3 ,
I 4. 'At large" means that the dog is off the premises of the p owner or keeper and not accompanied and under the control of a person of
suitable age and able to control the dog.
5. "Premises" of the owner shall be defined as the residence of
said owner, including the attached property surrounding said residence
that is leased or owned by said owner but not including any common area,
park or recreational property jointly owned or leased by the members of a
homeowners' or tenants' association.
6. "Serious injury" is defined as broken bones or wounds that
require sutures.
7. "Guard Dog" shall. mean any dog trained or used to protect
persons OS property by attackj.ng or threatening to attack any person
found within the area patrolled by the dog.
(3) Licenses Required.
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1. Every owner of a dog more than 5 months of age on January 1
of any year, or 5 months of aGe within the license year, shall annually,
or within 30 days from the dat.e such dog becomes 5 months of age, at the
time and in the manner provided by law for the payment of personal
property taxes, pay to the Treasurer, his dog license tax and obtain a
license therefore. Prior to the issuance of the license the owner
shall present evidence that the dog is currently immunized against
rabies.
An animal is considered to be unlicensed if a valid license tag
is not attached to a collar which is kept on the animal.
2. All owners of dangerous dogs shall annually, pursuant to
par. 3, register their dog and shall provide a current color photograph
of the dog with the City Clerk's office and pay a dangerous dog
registration fee. At the time of registration, each owner of any
dangerous dog kept within the city limits of the City shall provide to
the City Clerk proof of liability insurance in the amount of at least
$100,000 for any acts of property damage or liability incurred by virtue
of injury inflicted by such dog. Such insurance shall name the City as
co-insured solely for the purpose of notice of cancellation of the
policy. An owner of a dangerous dog who fails to register his/her dog is
'. subject to a forfeiture prescribed by law.
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bottom secured to the sides, the sides must be imbedded into the ground
not less than 2 feet. The enclosure must also provide protection from
the elements for the dog.
2. The owner shall display a sign on his or her premises facing
out from all sides of the premises, warning that there is a dangerous dog
on the property. This sign should be visible and capable of being read
from a public highway or thoroughfare or within 20 feet of its placement.
In addition, the owner shall conspicuously display a sign with a symbol
warning children of the presence of a dangerous dog.
3. Dangerous Dog Off Premises. A dangerous dog, as defined in
this ordinance, may be off the owner's premises if it is muzzled and
restrained by a suitable lead or chain not exceeding 3 feet in length and
is under the control of an adult, able-bodied person. The muzzle must be
made in a manner that will not cause injury to the dog or interfere with
its vision or respiration, but must prevent it from biting any person or
animal
(8) No dog shall be declared to be a vicious dog if the dog caused
injury OK damage to a person who, at the time, was teasing, tormenting,
abusing or assaulting the dog, or if the dog was protecting its owner
from attack by a human being.
(9) Dogs which cannot be brought to an animal shelter or impounded
because of inability of the owner or police officer to extricate or
capture an animal which the officer has reasonable cause to believe may
be vicious, dangerous or infected with any dangerous or incurable disease
or in any painfully crippled condition may be destroyed by a police
officer, or veterinarian if available.
(10) Noisy Dogs Prohibited. No person shall keep a dog which by
barking, fighting or howling disturbs the peace and quiet of the
neighborhood.
(11) Animal Control. The Dog Officer shall apprehend and confine
dogs in violation of this section. Be may commence action in the name of
the City for the collection of forfeitures for violation of this section.
(12) Impounding of Dogs. The Officer shall apprehend and confine in
the Animal Shelter any dog fou:?d in violation of this section or any dog
suspected of rabies.
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least one such sign shall be posted at each driveway or entranceway to
said premises. Such signs shall be in lettering clearly visible from
either the curbline or a distance of fifty (50) feet, whichever is
lesser, and shall contain a telephone number where some person
responsible for controlling such guard dog can be reached twenty-four
(24) hours a day; and
3. Prior to the placing of a guard dog on any property, the
person or persons responsible for the placing shall inform the police
department and the fire department, in writing, of their intention to
post said dog or dogs, the number of dogs to be posted, the locations
where said dog or dogs will be posted, the approximate length of time
said dog or dogs will be guarding the area, the daily hours said dog or
dogs will be guarding the area, the breed, sex, age and rabies tag number
of said dog or dogs. Such notice must be renewed every six (6) months.
(19) It is unlawful in the City of Muskego to own or possess any
animal used or that has been used or trained in the sport of animal
fighting.
1. Whenever any person is charged with harboring an animal used
or that has been trained in tk.e sport of animal fighting, that person
shall, to the satisfaction of the Police Chief, confine said dog, as
defined in paragraph (7) 1-3 cf this section, within 48 hours of the
issuance of a citation, and shall keep the dog confined until the trial
on the citation. If the owner fails to confine the dog within 48 hours
of the .issuance of the citation, the Muskego Police Department shall
impound the dog until the trial on the citation. If the dog is
determined by plea or trial to be a vicious dog pursuant to law, the
Court shall be empowered and required to order such disposition of the
dog as shall best safeguard the health, safety and welfare of the general
public. The Court shall further order the dog impounded until it is
satisfied arrangements have been made to comply with the Court's order.
Failure to make arrangements within 7 days of the hearing shall be deemed
to constitute consent by the owner to destruction of the dog and Court
shall order the destruction of the dog by humane means.
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SECTION 3: The several sections of this ordinance are
declared to be severable. If any section or portion thereof
shall be declared by a decision of a court of competent
jurisdiction to be invalid, unlawful, or unenforceable, such
decision shall apply only to the specific section or portion
thereof directly specified in the decision, and not affect the
validity of all other provisions, sections, or portion thereof of
other ordinance whose terms are in conflict with the provisions
the ordinance which shall remain in full force and effect. Any
of this ordinance are hereby repealed as to those terms that
conflict.
SECTiON 4: This ordin.ance shall be in full force and effect
from and after its passage and publication.
Passed and approved this " 9th day of May , 1989 - .
CITY OF MUSKEG0
WAYNE G. SALENTINE, MAYOR
ATTEST :
City Clerk
PUBLiSHED THiS 18th DAY CmF May , 1989".
jz
;k :Short version of Ordinance published in paper.
STATE OF WISCONSIN )
) ss.
COMMON COUNCIL -
AN ORDlNANCE TO REPEAL AND
ORDINANCE # 647
THE MUNrClPAL CODE OF THE
RECREATE SECTION 13.01 OF
CITY OF MUSKEG0
crry OF MUSKEGO
THE COMMON COUNCIL OF THE CITY OF MUSKEGO, WAUKESHA COUNTY, WISCONSIN DO ORDAIN AS FOLLOWS:
the Municipal Code of the City of Muskego. SECTION 1. Chapter 13, Section 13.01 of
Wisconsin, is hereby repealed and recreated.
SECTION 2: Sec. 13.01 of Chapter 13 of
the Municipal Code, entitled. An Ordinance
to and Recreate Section 13.01 of the
~~~i~i~al Code ofthe City of Muskego, and
adopted as Ordinance # 647, is hereby
adopted and made part of the Munictpal
Code of the City, to-wit: Section 13.01
(Dogs)
thereof. SECTION 3: A copy of said ordinance has
hen On file in the Ofice of the City Clerk
and open to public inspection for not less
than weeks prior to the date of this
ordinance and said ordinance is hereby
incorpora~d into the Municipal Code ofthe
are declared W:~bq9se$@1e. If SECTION 4. The several sections of this City.
any section or portion therM2?!!a11 ;,,\&
declared by a decision of a court of con$k
tent jurisdiction to be invalid, unlawful, or
unenforceable, such decision shall apply
only to the specific Section or portion thereof
directly specified in the decision, and not
affect the validity of all other provisions,
sections, or portion thereof of the ordinance
which shall remain in full force and eRect.
Any other ordinance whose terms are in
conflict with the provisions of this ordinance
are hereby repealed as to those terms that
conflict. SECTION 5. This ordinance shall be in
full force and effect from and after ita
passage and publication.
1989.
Passed and approved this 9th day of May.
CITY OF MUSKEG0 IsWayne G. Salentine. Mayor
ATTEST: /dean K. Marenda
City Clerk
1989.
PUBLISHED THIS 18th DAY OF May,
a newspaper published al MUSKEGO
Vlisconsill and lhal an adverliselnetll cf yhich Ihe annexed is r7
true copy, laken from said paper was nubfished fllerein OH
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