Section 2.14. REGULATING AND LICENSING OF DOGS.
[a] “Owner” includes any person, firm, corporation, association, partnership, or legal entity owning, harboring, sheltering of keeping a dog.
[b] “Dog” means all domesticated members of the canis family.
[c] “At Large” means a dog that is off the premises of its owner and not within the control of the owner or some other person.
[d] “Unlicensed Dog” means a dog that does not have its valid license tag attached to the dog or a collar on the dog whenever the dog is outdoors, except when the dog is securely confined in a fenced area.
[e] “Officer” means any peace officer, health officer, humane officer, warden, any rabies control officer designated by the Village Board, or any other person designated under sec. 95.21, Wis. Stats.
(2) License Required. The owner of a dog harboring, sheltering, or keeping a dog in the Village of River Hills is required to obtain a license, pursuant to the provisions of Chapter 174 of the Wisconsin Statutes, which are hereby adopted by reference, including any amendments thereto, as if fully set forth herein.
(3) Restrictions on Owners of Dogs. It shall be unlawful for the owner of a dog to harbor, shelter or keep a dog which does any of the following within the Village of River Hills:
[a] Habitually pursues any vehicle, including bicycles, upon any public street;
[b] Assaults or attacks any person;
[c] Is at large;
[d] Habitually barks or howls to the annoyance or disturbance of any person or persons;
[e] Kills, wounds or worries any domestic animal;
[f] Is infected with rabies;
[g] Is unlicensed.
(4) Impoundment of Dogs. Any officer may impound a dog that falls within the classifications listed in subsection (3) hereof, pursuant to the provisions of Chapter 174, Wis. Stats., which are hereby adopted by reference, including any amendments thereto, as if fully set forth herein.
[a] Impoundment Fees. In addition to any other fees or forfeitures, including boarding fees, the possession of any impounded dog may not be obtained unless a fee of Twenty-five ($25.00) Dollars is paid to the Milwaukee Area Domestic Animal Control Commission. In the event that the dog is impounded again the owner shall pay a fee of Fifty ($50.00) Dollars to obtain possession of the dog from each subsequent impoundment. The Milwaukee Area Domestic Animal Control Commission shall pay these fees over to the Village Treasurer as soon as practicable.
(5) Rabies Control. The provisions of sec 95.21, Wis. Stats. are hereby adopted by reference, including any amendments thereto, as if fully set forth herein.
(6) Regulation of Dangerous and Vicious Dogs:
[a] Definition of Dangerous or Vicious Dog. Any dog shall be categorized as a dangerous or vicious dog if it fits into any of the following categories:
(1) Any dog which, when unprovoked, bites a person or a domestic pet or animal, whether on public or private property.
(2) Any dog with a demonstrated propensity, tendency or disposition to attack, to cause injury to, or to otherwise threaten the safety of humans or domestic pets or animals.
(3) Any dog not in strict conformity with the rabies control program of the Village.
(4) Any dog that has killed a domestic pet or animal without provocation while off its owner’s property.
[b] Exceptions: A dog shall not be categorized as dangerous or vicious if it bites, attacks of menaces any person, domestic pet or animal in order to:
(1) Defend its owner, caretaker or another person from an attack by a person or animal.
(2) Protect itself, its young or another animal.
(3) Defend itself against any person or animal which has tormented, assaulted or abused it.
(4) Defends its owner’s or caretaker’s property against trespassers.
[c] Determination of Dangerous or Vicious Dog. Upon investigation, if an officer determines that a dog fits into any of the categories of Subsection (a), he may declare the dog to be a dangerous or vicious dog. The officer shall immediately inform the owner in writing, by personal service or by regular mail, of said determination.
[d] Regulation of Dangerous or Vicious Dogs. The owner of any dog determined to be dangerous or vicious pursuant to the provisions of this section of the Village Code shall comply with the following regulations:
(1) Leash and muzzle. No owner of a dangerous or vicious dog may permit such dog to go outside of its kennel or pen unless the dog is securely leashed on a leash, no longer than 4 feet in length, and the owner or any other person is in physical control of the leash. No owner may permit a dangerous or vicious dog to be kept on a chain, rope, leash or similar restraining device outside its kennel or pen unless a person competent to govern the animal is in physical control of the restraining device and remains in position to control the dog at all times. A dangerous or vicious dog outside the dog’s kennel shall be muzzled in a humane way by a muzzling device sufficient to prevent the dog from biting persons or other animals.
(2) Confinement. All dangerous or vicious dogs shall be securely confined indoors or in a securely enclosed and locked pen or kennel on the premises of the owner, except when leashed and muzzled. All structures erected to house dangerous or vicious dogs shall comply with all zoning and building regulations of the Village.
(3) Notification. The owner shall immediately notify the police department if a dangerous or vicious dog is at large, in unconfined, has attacked another animal, has attacked a human being, has died, has been sold or has been given away. If the dog has been sold or given away, the owner shall also provide the police department with the name, address and telephone number of the new owner of the dog. If the dog is sold or given away to a person residing outside the Village, the owner shall present evidence to the police department showing that he or she has notified the police department or other law enforcement agency of the dog’s new residence.
(7) It shall be unlawful for any person to permit a dog to defecate on the property, public or private, not owned or possessed by that person, if such person does not immediately remove and clean up the animal waste and dispose of it in a manner approved by the state and local regulations.(Ord#504,7/16/08)
(8) Penalty. Any owner of a dog who is found guilty of the violation of any provision of this Section shall be subject to a forfeiture of not less than Ten ($10.00) Dollars nor more than Two Thousand ($2,000.00) Dollars, together with the costs of the action; and in default of payment thereof, shall be subject to imprisonment in the County Jail or House of Correction of Milwaukee County until such forfeiture and costs, together with any subsequent costs have been paid, but in any event, not to exceed ninety (90) days. Each day a violation continues constitutes a separate offense(Ord#504, 7/16/2008)