ORD20021117.COMMON COUNCIL.CITY OF MUSKEGO
ORDINANCE #1117
AN ORDINANCE TO AMEND CHAPTER 13
OF THE MUNICIPAL CODE OF THE CITY OF MUSKEGO
(Vicious and Dangerous Animals)
THE COMMON COUNCil OF THE CITY OF MUSKEGO,WAUKESHA COUNTY,
WISCONSIN DO ORDAIN AS FOllOWS:
SECTION 1:Chapter 13,Section 13.04,of the Municipal Code of the City of Muskego
is hereby renumbered to read Section 13.05.
SECTION 2:Chapter 13,Section 13.04,of the Municipal Code of the City of Muskego
is hereby created to read as follows:
13.04 Vicious and Dan
(1 )Definitions:
1."Owner"as used in this ordinance means any person,including a keeper
or custodian,owning possessing,harboring or having the care or custody,.whether temporarily or permanently,of an animal.
2."Vicious Animal"as used in this ordinance means:1)any animal with a
propensity,tendency,or disposition to attack or cause serious injury to
human beings or domestic animals;2)any animal,which without
provocation,attacks,bites,kicks,or has attacked or bitten a human being
or domestic animal causing serious injury;3)any animal which has been
found to be vicious by the Municipal Court of the City of Muskego,Circuit
Court,or any other municipal court in a trial or hearing upon a charge of
harboring a vicious animal.
3."Dangerous Animal"as used in this ordinance means:1)any animal
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
were not kept in the manner required by this ordinance;2)any animal
which,when unprovoked,chases or approaches a person in a menacing
fashion or apparent attitude of attack on public or private property;3)any
animal which has caused less than serious injuries to humans,livestock or
domestic animals after the owner was notified or should have known the
animal previously injured or caused injury to a person,livestock or
domestic animal;or 4)any animal which has been found to be dangerous.by the Municipal Court of the City of Muskego in a trial or hearing upon a
charge of harboring a dangerous animal.
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Ord.#1117 Page 2
.4."At large"means that the animal is off the premises of the owner or keeper
and not accompanied and under the control of a person of suitable age
and able to control the animal.
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."Animal bite"as used in this ordinance means any from an animal which
occurs without provocation,and causes less than serious injury to a person,
livestock or domestic animal.
(2)No person shall harbor,keep or maintain within the city limits of the City of
Muskego any vicious animal.Violators of this section shall be summoned to
appear before the Municipal Court.
1.Whenever any person is charged with harboring a vicious animal as defined
in this ordinance,that person shall,to the satisfaction of the Police Chief,.confine said animal,as defined in paragraph (4)1-3 of this section,until the
trial on the citation.If the owner fails to confine the animal within 48 hours of
the issuance of the citation,the Muskego Police Department shall impound
the animal until the trial on the citation.If the animal is determined by plea or
trial to be a vicious animal pursuant to law,the Court shall be empowered and
required to order such disposition of the animal as shall best safeguard the
health,safety and welfare of the general public.The Court shall further order
the animal impounded until it is satisfied that arrangements have been made
to comply with the Court's order.Failure to make such arrangements within 7
days of the hearing shall be deemed.to constitute consent by the owner to
destruction of the animal and the Court shall order the destruction of the
animal by humane means.
2.The owner of an animal found to be vicious pursuant to this chapter shall
provide certification of the implantation of an identification microchip if the
disposition of the vicious animal is not the destruction of the animal.The
microchip shall be an American Veterinary Identification Device (AVID)or
equivalent.The chip implanted in the animal shall be consistent with the
AVID technology and readable by an AVID scanner.
(3)No person shall harbor,keep or maintain within the city limits of the City of
Muskego any dangerous animal not in compliance with this section..Determination of a dangerous animal will be made by the Municipal Court upon
complaint and summons issued by the Police Department to the owner.
Ord.#1117 Page 3
.1.Dangerous Animal on Premises of Owner.A dangerous animal,as
defined in this ordinance,must be securely confined indoors or in a
securely-enclosed and locked pen or structure,suitable to prevent the
entry of young children,designed to prevent the animal from escaping,
and designed so that the snout of the animal cannot protrude beyond the
enclosure.Such pen or structure must have a minimum dimension of 5
feet by 10 feet and must have secure sides and a secure top.If it has no
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 animal.
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 animal 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 animal.
3.Dangerous Animal Off Premises.A dangerous animal,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 animal or interfere with its vision or
respiration,but must prevent it from biting any person or animal.
4.The owner of a dangerous animal,as defined by this ordinance,shall
provide certification from a veterinarian of the implantation of an
identification microchip.The microchip shall be an American Veterinary
Identification Device (AVID)or equivalent.The chip implanted in the
animal shall be consistent with the AVID technology and readable by an
AVID scanner.
(4)No animal shall be declared to be vicious or dangerous if the animal caused
injury or damage to a person who,at the time,was teasing,tormenting,abusing
or assaulting the animal,or if the animal was protecting its owner from attack by
a human being.
(5)Animals 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.
(6)Noisy Animals Prohibited.No person shall keep an animal which by barking,
fighting,howling,or other natural sound made by the animal,disturbs the peace.and quiet of the neighborhood.
Ord.#1117 Page 4
.(7)Animal Control.A police officer or county Humane Officer may apprehend and
confine animals in violation of this section and may commence action in the
name of the City for the collection of forfeitures for violation of this section.
(8)Impounding of Animals.A police officer,county Humane Officer,or Health
Officer may apprehend and confine in the Animal Shelter any animal found in
violation of this section or any animal suspected of rabies.
(9)Examination for Rabies.The keeper of the Animal Shelter shall keep any animal
suspected of rabies for such period as the Health Officer shall deem necessary
to determine whether such animal has rabies.If the animal is found to have
rabies,it shall be disposed of in a humane manner by the keeper of the Shelter
or by the Health Officer.
(10)Disposition of Unclaimed Animals.The keeper of the Animal Shelter shall keep
all animals apprehended hereunder for 7 days and if any animal is not claimed
within such time the animal may be sold or destroyed in a humane manner.
(11)Payment of Costs.The owner of an animal impounded may reclaim the animal
upon the payment of an apprehension fee set by the Common Council and an
additional fee set by the Common Council for each day that the animal is
impounded.In addition thereto,any expenses for inoculation,destruction or
other medical treatment of the animal shall be paid by the owner of the animal..(12)No person shall return to or harbor within the city limits of the City of Muskego an
animal previously determined by the Municipal Court to be a vicious animal or
used in the sport of animal fighting.
(13)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 the sport of animal fighting,that person shall,to the
satisfaction of the Police Chief,confine said animal,as defined in
paragraph (3)1-4 of this section,within 48 hours of the issuance of a
citation,and shall keep the animal confined until the trial on the citation.If
the owner fails to confine the animal within 48 hours of the issuance of the
citation,the Muskego Police Department shall impound the animal until
the trial on the citation.If the animal is determined by plea or trial to be a
vicious animal pursuant to law,the Court shall be empowered and
required to order such disposition of the animal as shall best safeguard
the health,safety and welfare of the general public.The Court shall
further order the animal impounded until it is satisfied arrangement 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 animal and Court shall order.the destruction of the animal by humane means.
Ord.#1117 Page 5
.(14)Animal Bite.A person who owns or is responsible for any animal within the City
that bites or otherwise causes a less than serious injury to a human being,
livestock,or domestic animal,is guilty of permitting an animal bite.
SECTION 2: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 the Ordinance which shall
remain in full force and effect.Any other ordinance whose terms are in conflict with the
provisions of this Ordinance is hereby repealed as to those terms that conflict.
SECTION 3:This ordinance shall be in full force and effect from and after its passage
and publication.
PASSED AND APPROVED THIS 24th DAY OF September,2002
L1~æjJk~
ark A.Slocomb,Mayor.
First reading:9/10/02
ATTEST:
F K M ~Published this 3rd day of October,2002
k-Treasurer
.
STATE OF WISCONSIN)Suzanne Sobczyk being duly sworn,doth depose and
)ss.say that she is an authorized representative of The
Milwaukee County)MUSKEGO SUN,a newspaper
published at MUSKEGO.
Official Notice Wisconsin and that an advertisement of which the anne}\
COMMONèoUNCn:-CITY OF MUSKEGO 'is a true co py taken from the said Pap er was Published
J ORDIN.,\NCE1tl117 '
,
.,\NORDINANCETOAMENDCHAPTER13 therein on
OF THE MUNICIPAL CODE OF THE CITY
OF MUSKEGO
,,..................
<Vicious and Dangerous AnimalS)0~:~gg~~~~iiTgg.~~s~~s~~................................-
DO ORDAIN AS FOLLOWS:
SECTION 1:Chapter 13,Section 13.04,of the
Municipal Code of the City of Muskego is hereby
renumbered to read Section 13.05.,
................................................
SECTION 2:ChÍípter 13,Section 13.04;of the
Municipal Code of the City of Muskego is hereby
created to read as follows:
................................................
13.04 Vicious and Dangerous Animals (except
dogs);Prohibition on Keeping
(1)Dermitions:
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person,including a keeper or custodian.owning ~~possessing,harboring or having the care or custody,.
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th er temporarily or permanently,of an animal.(Signed)..,..,....
f 2,"Vicious Animal"as used in this ordinance BOO PER
means:n -
any animal with a propensity,tendency,
or 'aisposition to attack or cause serious injury to '
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','.human beings or domestic'animalS;2)any animal,S b .b d d t b ~th O J,54--1'>d
n;',whichwithoutprovocation,attacks,bites,kicks,or U scn e an sworn 0 me eJ.ore IS ay
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~anuna causmg,seriOUS UlJury;any aruma
which has been found to be vicious by the Municipal
Court of the City of Muskego,Circuit Court,or any v'l ^
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charge ofharbormg!,-VlCIOUSSIUlD:al...Notary Public Milwaukee Co Wisconsm
3."Dangerous Anlmal"as used m this ordinance '
means:1)any aniinalW
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hiCh"because of its aggres-'I.'PR 1 '"'
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sive nature,training or characteristic behavior,is'My Conun 'ss 'o .e 1'\<I bUU
bl 'finfli 'ct'
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capa eo mg serious p yalca rm or ea
to humans,and which would constitute a danger to
human life or property if it were not kept in the
manner required by this ordinance;2)any animal
which,when unPtòVokéd,chases 'or approaches a
person in a menacing fashion or apparent attitude
of attack on public ot private property;3)any alii-
mal which has caused less than serious injuries to
humans,livestock or domestic animals after the
owner was notified or should have known the ani-"~"
mal previously injured or caused injury to a person,
livestock or domestic animal;or 4)any animal
which has been found to be dangerous by the
Municipal Court of the City of Musk ego in a trial or
hearing upon a charge of harboring a dangerous
animal.:'
,
-4."At large"means that the animal is ofT the
premise~of the owner or keeper and not accompa-'
nied and under the control of a person of suitable
age and able to control the animal.'
5."Premises"of the owner shall be dermed 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 com-
mon areá,park or recreational property jointly
owned or leased by,the members of a homeowners'
or tenants!association.
6."Serious injury"is defined u broken bpnes or
wounds that,require sutures.
7."Animal bite"as used in this ordina:nce meaÌl~
any from an animal which occurawithout provoca-
tion,and causeS less than serious injury to a per-
son;livestock or domestic animal.
(2)No person.shall harbor,keep or maintain
within the city limits,of the City of
Muskego any vicious animal.ViqIators of this sec-
tion shall be summoned to appear before the Munic-
ipal Court.
1.Whenever any person is charged with harbor-
LEGALS
ing a vicious animal ..defined in this ordinanee,keeper ofthe~al Shelter shall kèep all animals
that person shall,to the satisfaction of the Police'apprehended hereunder for 7 days and if any ani.
Chief,confme said animal,as defined in paragraph mal is notclalmed within such time the animal may
(~)1.3 of this sectiØ,l1,\Ultil the trial on the,citation.,be sold or destroyed in a humane manner.
If the owner fails to confine the animal within 48 (11)Payment oCCosts.The oWner of an animal
hours of the illuance of the citation,the Muskego impounded may reclaim the animal upon the pay-
Police Departll!ent shall impound the animal until ment of anapprehens,ion fee set by the Common
the trial on the citation.
'
If the animal is deter.Council and an additional fee set by the Common
~ed by plea or trial to be a vicious animal pur.Council for eaCh day that the animal is impounded.
suant to law,the Court shall be empOwered and In.addition thereto,any expenses for inoculation,
required to order such disposition of the animal as destruction or other medical treatment of the ani.,sh,allbest safeguard the health,safety and welfare,mal shall be paid by the owner of the animal.
of the general public.The Court shall further order (12)No person shall return to or harbor within
the animal impounded until it is satisfied that the city limits oftlie City of Muske go an animal pre-
arrangements have been made to comply with the viously determined by the Municipal Court to be a
Court's order.Failure to make such arrangements vicious animal or used in the sport of animal flght-
within 7 days of the hearing shall be deemed to con.ing.
stitute consent by the owner to dest1'Úction ofthe (13)It is unlawful in the City of Muskego to own
animal and the Court shall order the destruction of or possess any animal used or that has been used or
the animal by humane means.,trained in the sport of animal fighting.
'i2.The owner of an animal found to be vicious .1.Whenever any person is charged with harbor;J:
pursuant to this ohaptershall provide cèrtification ing an animal used or that has been trained in the
of the implantation of an identification microchip if sport of animal fighting,that person shall,to the
the disposition of the vicious animal is not the satisfaction of the Police Chief,confine said animal,
destruction of the animal.The microohip shall be as defined in paragraph (3)1-4 of this section,with.
an American Veterinary Identification'Device in'48 hours of the issuance of a citation,and shall
(AVID)or equivalent.The ohip implanted in the keep the animal confined until the trial on thecita-
animal shall be consistent with the AVID technolo.tion.If the owner fails toconfme the animal with-
gy and readable by an AVID scanner.in 48 hours of the Ï88úance of the citation,'the(3)No 'person shall harbor,keep or maintain Muskego Police Department shall impound the ani.
within the city lim,its of the City of Muskego any mal until the trial on the citation.If the animal is
,dangerous animal not in oomplianct!with this see-determined by plea or trial to be a vicious animal
tion.Determination of a dangerous animal will be pursuant to law,the Court shall be empowered and
made b)'~e Municipal Cou~upo~.~~!~~;,~?~,,_.~8<!uired to?~ltr~~~oh,!lis~siti91Ì of the animal as
summons 188Ued by the Police Departm:ent"to ale shå1l best safeguîìrìfthë Health,safety and welfare
owner.,of the general public.The Court shall further order
1.Dangerous Animal Qn Premises'of Owner.A the animal impo'llnded,unMl 'it is satisfied arrange-'
dangeròus animal,.as defined in this ordinance,ment have been made to comply with the Court's
must be securely confined indoors or in a.securely.order.Failure to make arrangements within 7 days
enclosed and locked pen or structure,suitable to of the hearing shall be deemed to constitute consent
prevent the entry of young children"designed to by the owner to destruction of the animal and Court
prevent the animal from escaping,and designed so shall order the destruction of the animal by
that the snout of the animal cannot protrude humane means.
beyond the enclosure.Such pen'or structure must (14)Animal Bite.',A'person who owns or is
have a minimum dimension of 5 feet by 10 feet and responsible for any animal within the City that
must have secure sides and ÍI.secure top.If it has bites or otherwise causes a less than serious injury
no bottom secured to the sides,the sides must be to a human being,livestock,or domestic animal,is
.imbedded into the ground not less than 2 feet.The guilty of permitting an animal bite.
enclosure must al80provide protection from the ele-SECTION 2:The several Sections of this Ordi-
ments for the animal.
'
nanèe are declared to be severable.If any section or
2.Tha owner shall display ,a sign on his or her portion thereof shall be declared by a decision of a
premises facing out from all sides of the premises,court of competent jurisdiction to be invalid,unlaw.
warning that there is a dangerous animal on the ful,or unenforceable,such decision shall appl)'only
property.This sign should be visible and capable of to the specific section or portion thereof directly
being read from a public highwa)'or thoroughfare specified in the decision,and not affect the validity
or within.20 'feet of its placement.In addition,the of all other provisions,sections,or portion thereof of
owner shall conspicuouåly diSplay a sign with a the Ordinance whiéh shall remain in full force and
symbol warning children of the prltsence of a dan.effect.Any other ordinance hohose terms are in con-
gerous animal.'.flict with the provisions of this Ordinance is hereby
3.Dangerous Animal OtrPremises.AdangeroU8 repealed as to those terms that conflict.
animal,as defined in thisordinance,may be off the
'
SECTION 3:'This ordinance shall be in full force
owner's premises if it is muzzled and restrained by and effect from and after its passage and publica.,
a suitable lead or chain not exceeding 3 feet in tion..
length and is under the control fanan adult,able-PASSED AND APPROVED THIS 24th DAY OF
bodied person.The muzzle must be made in a man.September,2002':
ner that will not cause injury to the animal or inter.Mark A.Slocomb,Mayor
fere with its vision or respiration,but !XIust prevent ATTEST:
it from biting any person or animal..Clerk-Treasurer
4.The owner of a dangerous animal,as dèfined ~.,,'"'"""..,',..-"
''~..
lIy this ordinance,shall provide certification from a
veterinarian of the implantation ofan identification
microchip.The microohipshall be an American Vet.
erinary Identif1C&tion DElVice (AVID)or equivalent.
The chip implanted in'the animal shall be consis-
tent with the AVID technology and readø.blè by an
AVIDscanner..,"
(4)No.animalshallbe,4~~be:v~"'oÌ'
.
dangerous if the animal caused injury or damage to
a person who,at the time,was teasing,tormenting,
abusing or assaulting the,..animal,or"if the animal
was protecting its owner from attack by a human
being.
",,(5)Animals which cannot be brought'to an ani-
mal øheltéror impounded becauseofinabilit)'of the
owner or police officer tó 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.
(6)Noisy Animals Prohibited..No person shall
keep an animal which by barking,fighting,howling
or other natural sound nui.de by the animal,dis.
turbs the peace and quiet of the neighborhood.
(7)Animal Control.A police officer or county
Humane Officer ~y apprehend and confine ani.
mals in Violation of this section and may commence
action in the name of the City for the collection,of
for&íitU,res for v4olàtion of this section..',(8)Impounding of Animals..A police officer,coun-
ty Humane Officer,or Health Oftlcër may appre-
hend and confine in the.ADimø.l Shelter any animal
found in violø.tion of this section or any animal sua-
pected of rabies.
'"
,,'
'(9)Examinø.tion for Rabies;The keeper of the
Animal Shelter ahall keep any animal suaptcted of
rabies tor such period as the.Health Officer ahall
dftm ~to determine whether'such animal
bU nbies.It the animal ÍI found to have rabieI,it
ahall be diapoøed 01 in a hUmane manner by the
keeper of the Shelter or by the liealth Officer.
'(10)DispolÎtion of Unclaimed Aniøials.The