(a) Definitions. In this Chapter, unless the context or subject matter otherwise requires in specific sections of this Chapter, the following definitions shall be applicable:
(1) Animal.
Any live mammalian vertebrate creature or fowl, or any reptile, domestic or wild.
(2) Animal Control Authority.
The persons and entities responsible for enforcement of the animal control laws of the Village of Edgar, or such person as is designated by the Village Board (law enforcement officer or animal control officer), whether acting alone or in concert with other responsible persons and/or local governmental units.
(3) Animal Control Enforcement Officer.
Any individual employed, contracted with, or appointed by the Village of Edgar for the purpose of enforcement of this Chapter.
(4) At large.
To be off the premises of the owner and not under the control of some person either by leash or otherwise, but a dog, cat or other animal within an automobile of its owner, or in an automobile of any other person with the consent of the owner of said dog, cat or other animal shall be deemed to be upon the owner's premises. The owner of an animal may raise an affirmative defense that any animal not under the control of some person by leash is in fact under control by command or other reasonable means. A dog, cat or other animal is not at large if it is in the presence of its owner, is fully controlled, is trained and is in a public park or other public recreational area. [See Sec. 7-1-6(b) standards for leash control].
(5) Bodily Harm.
Significant bodily injury including, but not limited to, a serious bruise, abrasion, or scratch requiring medical attention; laceration requiring stiches; bite mark or puncture; any fracture of a bone; a concussion; a loss or fracture of a tooth; internal injuries; tom ligaments; injury which causes a substantial risk of death or permanent disfigurement; any injury which causes a permanent or protracted loss or impairment of the function of any bodily member or organ; or any temporary loss of consciousness, sight or hearing.
(6) Caretaker.
Any person who, in the absence of the owner, temporarily harbors, shelters, keeps or is in charge of a dog, cat or any other domesticated bird, reptile or animal.
(7) Cat.
Any feline, regardless of age or sex.
(8) Confined.
Restriction of an animal at all times by the owner to an escape-proof building.
(9) Cruel.
Causing unnecessary and excessive pain or suffering or unjustifiable injury or death. Additionally, it shall be unlawful to tease, annoy, disturb, molest or irritate an animal that is confined to the owner's property.
(10) Dangerous Animal.
Means any of the following:
a. Any dog or animal which, when unprovoked, inflicts bodily harm on a person, domestic pet or animal on public or private property.
b. Any dog or animal which, when unprovoked, engages in any behavior that requires a defensive action by any person to prevent bodily injury when the person and the dog or animal are off the property of the animal's owner or caretaker. Such behavior includes situations where the dog or animal repeatedly chases or approaches persons in a menacing fashion or exhibits an apparent attitude of attack, without provocation, upon the streets, sidewalks or any public grounds or on private property of another without the permission of the owner or person in lawful control of the property.
c. Any animal with a known propensity, tendency or disposition to attack, to cause bodily harm injury to, or otherwise threaten the safety of, humans or other domestic pets or animals.
d. Any animal which, when unprovoked, bites a person or another domestic animal causing a less severe injury than is defined in Subsection (a)(5) above.
(11) Dog.
Any canine, regardless of age or sex.
(12) Dog Pack.
A group of two (2) or more dogs running upon either public or private property not that of their owner, in a state in which either their control or ownership is in doubt or cannot readily be ascertained, and when such dogs are not restrained or controlled.
(13) Domestic Animal.
Any animal which normally can be considered tame and adjusted to domestic home life with humans.
(14) Farm Animal.
Any warm-blooded animal normally raised on farms in the United States and used for food or fiber.
(15) Kennel.
An establishment where dogs are bred, trained or boarded and where more than three (3) dogs are kept.
(16) Law Enforcement Officer.
Has that meaning as appears in Sec. 967.02(5), Wis. Stats., and includes a humane officer under Sec. 58.07, Wis. Stats., but does not include a conservation warden appointed under Sec. 23.10, Wis. Stats.
(17) Molest.
Excessive barking, running up to or charging, threatening, jumping on or otherwise harassing people or other domestic animals or the passing public that are in the public right-of-way or on public property, or on their own property or property of anyone other than the owner or custodian of the animal.
(18) Neutered.
A dog or cat having nonfunctional reproductive organs.
(19) Owner.
Any person owning, harboring, having an interest in, having control or custody of, or keeping a dog, cat or other animal and/or the occupant or caretaker of any premises on which a dog, cat or other animal remains or to which it customarily returns daily for a period of five (5) or more consecutive days; such person is presumed to be harboring or keeping the dog, cat or other animal within the meaning of this Section.
(20) Pet.
An animal kept and treated as a domesticated or household pet.
(21) Prohibited Vicious Animal.
Means any of the following:
a. Any animal which is determined to be a prohibited vicious animal under this Chapter.
b. Any animal that, while off the owner's or caretaker's property, has killed a domesticated animal without provocation, or inflicts bodily harm, as defined in Subsection (a)(5) above.
c. Any animal that, without provocation, inflicts bodily harm, as defined in Subsection (a)(5) above, to a person on public or private property.
d. An animal brought into the Village from another municipality, town or county that has been declared dangerous or vicious by that jurisdiction.
e. Any dog that is subject to being destroyed pursuant to Sec. 174.02(3), Wis. Stats.
f. Any dog or other animal which has previously been found to be potentially dangerous, the owner or caretaker having received notice of such, and the animal again aggressively bites, attacks or endangers the safety of humans or domestic animals.
g. Any animal trained, owned and/or harbored for the purpose of animal fighting.
(22) Residential Lot.
A parcel zoned as residential, occupied or to be occupied by a dwelling, platted or unplatted and under common ownership. For the purpose of this Chapter, any vacant parcel or parcels adjoining a dwelling and under the same ownership shall constitute one (1) lot.
(23) Restrain.
Includes notifying the dog or cat's owner or an officer and requesting either the owner or officer to capture and restrain the dog or cat, or capturing and restraining the dog or cat, and killing the dog or cat if the circumstances require immediate action if a serious safety threat is posed to a person or animal.
(24) Service Animal.
Any guide dog, signal dog, or other animal individually trained to do work or perform tasks for the benefit of an individual with a disability, including, but not limited to, guiding individuals with impaired vision, alerting individuals with impaired hearing to intruders or sounds, providing minimal protection or rescue work, pulling a wheelchair, or fetching dropped items.
(25) Stray or Abandoned Animal.
Any animal whose owner, caretaker or custodian remains unidentified after a period of seven (7) days.
(26) Untagged.
Not having a valid license tag attached to a collar kept on a dog whenever the dog is outdoors unless the dog is securely confined in a fenced area.
State Law Reference:
Sections 174.05 through 174.10, Wis. Stats.