RLO19930506•
RULES,
LAWS
& ORDINANCE
COMMITTEE
- CITY
OF MUSKEGO
MINUTES
OF
MEETING HELD
THURSDAY,
MAY 6,
1993
The meeting was called to order 7:05 P.M. by Chairman Taube.
Also present were Committee Members Misko and Woodard, Mayor De
Angelis, Chief Johnson and those per the attached list.
Mayor De Angelis discussed with the Committee his intent to
establish a special committee for the purpose of reviewing the
City of Muskego's existing sign ordinance. The committee would
consist of five (5) members as follows: 1 Plan Commission
Member, 1 Blue Chip Economic Development Committee Member, 1
Rules, Laws & Ordinance Committee Member, 1 Chamber of Comemrce
Member and 1 Citizen Member.
The Committee deferred action on possible ordinance on
American -Made products.
Mrs. Carmen Herzberg appeared before the Committee and
presented pictures of her dog and reviewed her case for the
Committee. Chief Johnson discussed his proposed amendments to
the existing dog ordinance. Ald. Misko moved to recommend
approval of the following amendments to Chapter 13, Section
13.01 (2) 3. to read:
• 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 were not kept in the manner required
by this ordinance; 2) any dog which, when unprovoked,
chases or approaches 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, livestock or domestic
animals after the owner was notified or should have
known the dog previously injured or caused injury
to a person, livestock or domestic animal; or 4)
any dog 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.
Chapter 13, Section 13.01 (2) (Add. 8.)
8. - "Dog Bite" as used in this ordinance means any
bite from a dog which occurs without provocation,
and causes less than serious injury to a person,
• livestock or domestic animal.
Chapter 13, Section 13.01 (3) 2. (Amend)
RULES, LAWS & ORDINANCE COMMITTEE - Page 2
May 6, 1993
• 2. - All owners of dangerous dogs shall comply with the
provisions of this ordinance regarding the
containment/security of a dangerous dog on the owner's
premises subject to police inspection or compliance
prior to the initial registration. An inspection fee of
$50.00 shall be charged. Annually, pursuant to paragraph
1 of this section, owners shall register their dangerous
dog with the City Clerk's office and shall provide a
current color photograph of the dog and pay a dangerous dog
registration fee. An owner of a dangerous dog who fails
to register his/her dog is subject to a forfeiture
prescribed by law. 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.
Chapter 13, Section 13.01 (8) Amend to read:
(8) No dog shall be declared to be vicious or dangerous
if the dog caused injury or 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.
• Chapter 13, Section 13.01 (2) Amend to read:
(20) Dog Bite. No person shall harbor, keep or maintain
any dog within the City that causes a less than serious
injury to any human being, livestock or domestic animal
without provocation.
The Deposit and Forfeiture Schedule will be amended to add:
13.01 (2) Dog Bite $50.00
Seconded by Ald. Woodard, motion carried.
The Committee further reviewed Resolution #63-93, Amendment to
Deposit and Forfeiture Schedule (Regarding Licensing and Fire
Prevention Code). Ald. Woodard moved to recommend approval
amending the amount for Adult Establishments (12.20) from
$50.00 to $150.00. Seconded by Ald. Misko, motion carried.
Chief Johnson discussed with the Committee his recommendation
to adopt, by ordinance, the following Wisconsin State Statutes:
161.573 (Possession of Drug Paraphernalia)
161.574 (Manufacture of Delivery of Drug Paraphernalia)
• 161.575 (Delivery of Drug Paraphernalia to a Minor)
RULES, LAWS & ORDINANCE COMMITTEE - Page 3
May 6, 1993
• Ald. Misko moved to recommend adoption of the above amendment
to the City of Muskego's Municipal Code, with the Deposit &
Forfeiture Scheduled amended to add the following:
9.161.573 Possession of Drug Paraphernalia (Adult) $125.00
(Juvenile) $ 25.00
9.161.574 Manufacture or Delivery of Drug Paraphernalia
(Adult) - $125.00 (Juvenile) - $25.00
9.161.575 Delivery of Drug Paraphernalia to a Minor (Adult)
$125.00 (Juvenile) - $25.00
Seconded by Ald. Woodard, motion carried.
Chief Johnson also discussed with the Committee the need for an
ordinance amendment to Chapter 5, Section 5.07 of the Municipal
Code, Destruction of Records, to provide for the reuse of
recording tapes used to record radio and phone calls placed to
the Police Department Dispatch Center. Ald. Misko moved to
recommend adoption of ordinance to amend Chapter 5, Section
5.07 to add:
(6) Any audio recording made of radio transmissions
and phone calls coming into the Muskego Police Department
Dispatch Center may be destroyed or erased and the tapes
reused no sooner than 120 days after the recording was
• made.
Seconded by Ald. Woodard, motion carried.
The meeting adjourned at 9:20 P.M.
ca
•
Respectfully submitted,
Ald. Donna M. Woodard
Secretary
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