(a) Definitions. The following definitions shall be applicable in this Section:
(1) Dangerous Dog or Animal.
Shall be as defined in Section 7-1-l(a)(lO).
(2) Prohibited Vicious Dog or Animal.
Shall be as defined in Section 7-1-l(a)(21).
(b) Prohibited Vicious Dogs and Other Animals.
(1) Village-Wide Prohibition.
No person shall harbor, keep or maintain within the Village of Edgar any dog or other animal classified under this Chapter as a prohibited vicious dog or animal.
(2) Determination of Prohibited Vicious Animal.
a. A dog or other animal may be designated as a prohibited vicious animal whenever an enforcement officer finds that the animal meets the definition of prohibited vicious animal or is a potentially dangerous dog or animal in non- compliance with any of the requirements of this Section.
b. Upon finding that an animal meets the definition of a prohibited vicious animal, the enforcement officer may issue an order declaring an animal to be a prohibited vicious animal. Any dog or other animal alleged to be of prohibited vicious disposition by virtue of an attack upon a human being or domestic animal shall be confined subject to Sec. 173.21, Wis. Stats., or be confined at a location outside of the Village, as directed by the authorities, until the outcome of appeals and the disposition of the charge issued by citation.
c. Whenever the owner or caretaker of the animal desires to appeal such a determination, he/she shall, withing seventy-two (72) hours after receipt of the order, deliver to the Village Administrator a written objection to the order stating specific reasons for contesting the determination. Upon receipt of the written objection, the matter shall be placed on the agenda of the License/Buildings/Safety/Zoning Committee for review; the Village President may deem it necessary to call a special meeting of that Committee to hear the written objection, the cost of such special meeting to be the responsibility of the appellant. The Committee shall act as a quasi-judicial body allowing the animal's owner or caretaker an opportunity to present evidence as to why the animal should not be declared a prohibited vicious animal.
d. After the hearing, the owner or caretaker of the animal shall be notified in writing of the License/Buildings/Safety/Zoning Committee's decision. If the owner or caretaker of the animal further contests the determination, he/she shall within five (5) days of receiving the Committee's decision, seek review of the decision by the Village Board.
e. If the final determination is that the dog or animal is classified as prohibited vicious, the owner shall comply with the requirements of Subsection (b)(l) above within five (5) days after the final determination. The owner or caretaker of any dog or other animal found to be prohibited vicious shall be prohibited from returning that dog or other animal to the Village of Edgar.
(c) Penalty for Keeping Prohibited Vicious Dogs or Other Animals in Violation of Subsection (b).
(1) Forfeiture.
Any person convicted of violating Subsection (b) above shall pay a forfeiture of Five Hundred Dollars ($500.00) together with all costs and assessments. Each day that a person owns, harbors, keeps, maintains or cares for any prohibited vicious dog or other animal in violation of this Section may be deemed a separate and distinct violation, subject to separate citations and convictions. Furthermore, any violation of Subsection (b) above shall result in a further penalty of having the subject animal or dog impounded by any law enforcement or animal control officer of the Village of Edgar, or any law enforcement or animal control officer of any jurisdiction authorized by the Village to enforce or effectuate the Village of Edgar's ordinances. Each day of violation is a separate offense.
(2) lmpoundment.
In the event that any prohibited vicious dog or animal has been impounded, said dog's or animal's owner shall be required to make arrangements to have said animal removed from the corporate limits of the Village of Edgar within seven (7) days of impoundment or the end of the appeals process. In the event any impounded animal has not had arrangements made to remove said animal from the corporate limits of the Village of Edgar within said seven (7) day period, any law enforcement officer or animal control officer for the Village of Edgar shall be authorized to destroy said animal.
(d) Restrictions and Rules Regarding Dangerous Dogs or Animals.
(1) Dangerous Animals Regulated.
a. No person may harbor or keep a dangerous dog or animal within the Village of Edgar unless all provisions of this Section are fully complied with. Any animal that is subsequently determined to be a prohibited vicious animal under this Section shall not be kept or harbored in the Village of Edgar.
b. The issuance of a citation for a violation of this Section need not be predicated on a prior determination that an animal is a dangerous animal.
(2) Procedure for Declaring an Animal Dangerous.
a. Upon conducting an investigation, an enforcement officer may issue an order declaring an animal to be a dangerous animal. Whenever possible, any complaint received from a member of the public which serves as part of the evidentiary basis for the animal control officer or law enforcement officer to find probable cause, shall be sworn to and verified by the complainant and shall be attached to the record.
b. Whenever an owner or caretaker desires to contest a determination that his/her animal is dangerous, he/she shall, within seventy-two (72) hours after receipt of the order, file with the Village Administrator a written objection to the order stating specific reasons for objecting to the determination. Upon receipt of the written objection, the matter shall be placed on the agenda for a meeting of the License/Buildings/Safety/Zoning Committee, which shall act as a quasi-judicial body allowing the owner or caretaker of the animal an opportunity to present evidence as to why the animal should not be declared dangerous. The Committee may admit all relevant documents and testimony into evidence including incident reports and affidavits of witnesses, photographs, and personal testimony. For the Committee to determine that a dog or other animal is dangerous, there must be a preponderance of the evidence to establish the same.
c. After the hearing, the owner or caretaker of the animal shall be notified in writing of the determination of the License/Buildings/Safety/Zoning Committee. If the Committee upholds the determination that the animal is dangerous, the owner or caretaker of the animal shall comply with the requirements of Subsection (d)(3) below. If the owner or caretaker decides to appeal the decision of the Committee, he/she may, within five (5) days of receiving the Committee's decision, file an appeal with the Village Administrator for review of the decision by the Village Board.
d. Upon appeal, if a determination is made that a dog or other animal is dangerous as herein provided, the owner, keeper, harborer or caretaker shall comply with Subsections (d)(6)-(8) and in accordance with the time schedule established by law enforcement authorities or animal control officer serving the Village of Edgar, or designee, but in no case more than thirty (30) days after the date of the determination.
(3) Affirmative Defenses; Exceptions.
a. No dog or other animal may be declared dangerous if any injury or damage was sustained by a person who, at the time the injury or damage was sustained, was committing a willful trespass or other tort upon premises occupied by the owner, keeper, harborer or caretaker of the dog or other animal, or was teasing, tormenting, abusing, or assaulting the dog or other animal, or was committing or attempting to commit a crime.
b. No dog or other animal may be declared dangerous if the dog or other animal was protecting or defending a person within the immediate vicinity of the dog from an unjustified attack or assault.
c. No dog or other animal may be declared dangerous if an injury or damage was sustained by a domestic animal which, at the time of the injury, or damage was sustained, was teasing, tormenting, abusing or assaulting the dog or other animal.
d. No dog or other animal may be declared dangerous if the injury or damage to a domestic animal was sustained while the dog was working as a hunting dog, herding dog, or predator control dog on the property of or under the control of its owner, keeper, harborer or caretaker, and the damage or injury was to a species or type of domestic animal appropriate to the work of the dog.
e. No dog or other animal may be declared dangerous if the injury or damage to another domestic animal was sustained while on the property or premises of the owner, harborer, keeper or caretaker of the dog or other animal, and the injured domestic dog or animal was upon the property not owned or maintained by the owner of the injured or damaged domestic animal.
f. No dog or other animal may be declared dangerous for acts committed by the animal while being utilized by a law enforcement agency for law enforcement purposes while under the control and direction of a law enforcement officer.
(4) Licensing and Vaccination Requirements; Dangerous Dog Supplemental Registration.
All dangerous dogs or other animals shall be properly licensed and vaccinated. The licensing authority for the Village of Edgar shall include the potentially dangerous designation in the registration records of the dog, either after the owner or keeper of the dog has agreed to the designation or at the time the enforcement officer determines the designation applies to the dog or animal. The Village of Edgar charges a dangerous dog registration fee in addition to the regular licensing fee per Sec. 1-3-1 to provide for the increased cost of maintaining the records of the dog; such registration fee shall be paid annually to the Village Administrator thereafter on or before April 1 of each year, accompanied by a current color photograph of the dog or animal being registered.
(5) Leash and Muzzle Requirements for Dangerous Animals.
a. No owner or caretaker harboring or having the care of a dangerous dog or animal may permit such dog or animal to be or remain outside of its dwelling, kennel or pen unless the animal is securely restrained with a leash no longer than five (5) feet in length.
b. A dangerous dog or other animal may be off the owner's premises only if it is restrained by a substantial leash, not more than five (5) feet in length, and muzzled by a device sufficient to prevent the animal from biting persons or other animals, and if the animal is under the control and supervision of a responsible adult while being restrained by said leash and muzzle.
c. No person may permit a dangerous animal to be kept on a chain, rope or other type of leash outside of its dwelling, kennel or pen unless a person who is sixteen (16) years of age or older, competent to govern the dangerous animal and capable of physically controlling and restraining the animal, is in physical control of the chain, rope or leash to which the animal is attached.
d. A dangerous animal may be securely leashed or chained outside to an immovable object, but only if the owner or caretaker is physically present with the animal at all times when it is so leashed or chained to prevent mistreatment.
(6) Confinement Requirements for Dangerous Animals.
a. Except when properly leashed and muzzled, all dangerous animals shall be securely confined indoors or in a securely enclosed and locked kennel or pen structure that is located on the premises of the owner or caretaker and which is constructed in a manner that does not allow the animal to exit the pen or kennel on its own volition.
b. When constructed in a yard, a pen or kennel for confining a dangerous animal shall, at a minimum, be constructed to conform with the requirements of this paragraph. The pen or kennel shall be child-proof from the outside and animal- proof from the inside. A strong metal mesh double fence with adequate space between fences a minimum of two (2) feet shall be provided so that a child cannot reach into the animal enclosure. The pen or kennel shall have secure sides and a secure top attached to all sides. A structure used to confine a dangerous animal shall be locked with a key or combination lock when the animal is within the structure. The structure shall have either a secure bottom or floor attached to the sides of the pen/kennel or the sides of the pen/kennel shall be embedded in the ground no less than two (2) feet. All structures used to house dangerous animals shall comply with all pertinent regulations of this Chapter, the Village Zoning Code, and Building Code. All structures for housing a dangerous animal shall be adequately lighted and ventilated and kept in a clean and sanitary condition.
c. No dangerous animal may be kept on a porch, patio or in any part of a house or other structure on the premises of the owner or caretaker which would allow the animal to exit the building on its own volition. No dangerous animal may be kept in a house or structure when the windows are open or when screen windows or screen doors are the only obstacle preventing the animal from escaping the structure.
(7) Signs Warning of Dangerous Animal.
The owner or caretaker of a dangerous animal shall display, in prominent locations on his/her premises near all entrances to the premises, signs in letters of not less than two (2) inches high warning that there is a dangerous animal on the property. A similar sign is required to be posted on the kennel or pen of the dangerous animal. In addition, the owner or caretaker shall conspicuously display a sign with a symbol warning children of the presence of a dangerous animal.
(8) Spay/Neuter Requirements for Dangerous Animals.
Within ten (10) days after an animal has been designated dangerous under this Section, the owner or caretaker of the animal shall provide the Village withwritten proof from a licensed veterinarian that the animal has been spayed or neutered.
(9) Liability Insurance Requirement for Dangerous Animals.
The owner or caretaker of a dangerous animal shall present the Village Administrator with a certificate of insurance that the owner or caretaker has procured liability insurance in a coverage amount not less then One Million Dollars ($1,000,000.00) for any personal injuries inflicted by the dangerous animal. Such insurance shall remain in force in force and effect at all times that the animal is maintained or harbored in the Village. Annually, at the time of licensing and registration, proof of such insurance shall be provided to the Village. Whenever such liability insurance policy is cancelled or not renewed, the insurer and the owner or caretaker of the dangerous animal shall notify the Village of Edgar of such cancellation or non-renewal in writing by certified mail.
(10) Notice Upon Death, Sale or Relocation of Animal.
a. No person may sell or transfer possession of a designated dangerous animal to another person without disclosing to the person to whom the dangerous animal is being sole or transferred of the fact that such animal is a dangerous animal and of all requirements imposed upon selling or transferring by this Section. No person may sell or transfer possession of a dangerous animal to another person without first notifying the Village's enforcement officer in writing, a minimum of three (3) days in advance of the sale or transfer of possession of the animal with the name, address and telephone number of the new owner or caretaker. If the dangerous animal is sold or given to a person residing outside of the Village of Edgar, the owner or caretaker shall present evidence to the enforcement officer that he/she has notified the pertinent law enforcement agency serving the animal's new residence, including the name, address and telephone number of the new owner of the dangerous animal.
b. If a dangerous dog or other animal dies, or is sold, transferred or permanently removed from the Village of Edgar where the owner, harborer, keeper or caretaker so resides, said person who owns, keeps, harbors, or caretakes a dangerous dog or other animal shall notify the Village of Edgar or the animal control officer of the change in condition or new location of the dangerous dog or other animal in writing within three days (3) prior to said dog's or other animal's removal.
(11) Notification to Landlord of Presence of a Dangerous Animal.
If the owner or caretaker of an animal that has been designated a dangerous animal has a landlord, then in such event the owner or caretaker shall, within five (5) days of such designation, cause a certified letter to be sent to the landlord notifying the landlord that the renter is the owner or caretaker of a designate dangerous animal at the premises owned by the landlord and shall provide a copy of the letter and proof of mailing to the enforcement officer.
(12) Euthanasia.
If the owner or caretaker of an animal which has been designated a dangerous animal is unwilling or unable to comply with the regulations for keeping a dangerous animal in accordance with this Section, he/she shall have the animal humanely euthanized by an animal shelter, humane society or licensed veterinarian, at the owner's or caretaker's expense.
(13) Waiver.
The enforcement officer may waive the provisions of this Subsection (d) for a trained law enforcement or military animal upon presentation by the animal's handler of satisfactory arrangements for safekeeping of the animal.
(e) Penalty for Violations of Subsection (d).
(1) Forfeiture.
Any person or entity convicted of violating Subsection (d) shall pay a forfeiture of not less than Two Hundred and Fifty Dollars ($250.00), together with all costs and assessments. Each day that a person owns, harbors, keeps, maintains or cares for any dangerous dog or other animal in violation of Subsection (d) may be deemed separate and distinct violations, subject to separate citations and convictions.
(2) lmpoundment.
Furthermore, any violation of Subsection (d) may result in a further penalty of having the subject animal or dog impounded by any law enforcement or animal control officer of the Village of Edgar, or any law enforcement or animal control officer of any jurisdiction authorized by the Village of Edgar to enforce or effectuate the Village's ordinances, may impound any dog or other animal which is subject to this Section. In the event that any restricted or prohibited animal or other prohibited vicious or dangerous animal or dog has been impounded, said dog's or animal's lawful owner shall be required to make arrangements to have said animal removed from the corporate Village of Edgar limits within seven (7) days of impoundment. In the event any impounded animal has not had arrangements made to lawfully remove said animal from the corporate Village limits within said seven (7) day period, any law enforcement officer or animal control officer for the Village of Edgar shall be authorized to destroy said animal.