STATE OF WISCONSIN ORDINANCE BZ 7-2014
Town of Brazeau
SECTION I – TITLE AND PURPOSE:
The title of this ordinance is the Town of Brazeau Control and Care of Dogs and Cats and Pets Ordinance. The purpose of this ordinance is to regulate, by tag (when applicable) and penalty, the care, treatment, and control of dogs, cats and pets in the town.
SECTION II – AUTHORITY
The town board has the authority under its village powers under s. 60.22, Wis. Stats., and the specific authority under s. 60.23 (30), and chapters 173 and 174, Wis. Stats., to adopt this ordinance.
SECTION III – ADOPTION OR ORDINANCE
This ordinance, adopted by a majority of the town board on a roll call vote with a quorum present and voting and proper notice having been given, provides for the regulation of the care, treatment, and control of dogs in the town.
SECTION IV – DEFINITIONS
In this ordinance:
- A.“Abandoned” means that a known owner has failed to pay the impoundment and care costs incurred by the town, as specified in Section IX, subsection C & D, within 7 days after receipt by a pet owner of written notice from the town clerk that the pet is under the possession and care of the town or its designated agents.
- B.“Legal premise” means the real property owned or occupied by the owner of a dog, cat or pet.
- C.“Owner” means a person who owns, harbors, or keeps a dog, cat or pet.
- D.“Running at large” means off the owner’s legal premise and not under the control of the owner or some other person.
- E.“Stray”” means a dog, cat or pet running at large whose owner is unknown.
- F.“Town” means the Town of Brazeau in Oconto County, Wisconsin.
- G.“Town board” means the board of supervisors for the Town of Brazeau, Oconto County, Wisconsin, and includes designees of the town board authorized to act for the town board.
- H.“Town clerk” means the clerk of the Town of Brazeau, Oconto County, Wisconsin
- I.“Untagged” means a valid license tag is not attached to a collar that is kept on a dog whenever the dog is outdoors, unless the dog is securely confined by the owner in a fenced area or confined on the owner’s legal premise.
- J.“Pet” means an animal primarily for a person’s company or protection, opposed to working animals, sports animals, livestock and laboratory animals.
- K.“Principal place of residence” means the entire property of the owner or possessor
- L.“Wis. Stats” means the Wisconsin Statutes, including successor provisions of cited statutes.
SECTION V – SUBDIVISION AND NUMBERING OF THIS ORDINANCE
This ordinance is divided into sections designed by uppercase Roman numerals. Sections may be divided into subsections designed by uppercase letters. Subsections may be divided into paragraphs designated by numbers. Paragraphs may be divided into subdivisions designed by lowercase letters. Subdivisions may be divided into subdivision paragraphs designated by lowercase Roman numerals. Reference to a “section”, “subsection,” “paragraph” or “subdivision” includes all divisions of the referenced section, subsection, paragraph, or subdivision.
SECTION VI – RESTRICTIONS ON DOGS, CATS, AND PETS
Except as provided in Section VII, no person may do any of the following:
- A.Allow any dog, cat or pet owned by that person to run at large in the town.
- B.Allow any dog owned by that person to be untagged in the town.
- C.Allow any dog, cat or pet owned by that person to be abandoned in the town.
- D.Allow a dog, cat or pet on the legal premise of its owner to continue to frequently or habitually howl, yelp, bark, cry or make other loud noises that serve to greatly annoy or disturb an adjacent owner or occupant of land or serve to greatly annoy or disturb any considerable number of persons within the neighborhood. Such dogs, cats or pets are hereby declared to be a public nuisance.
SECTION VII – EXEMPTIONS FROM SECTION VI COVERAGE
- A.A dog this is actively engaged in the town in a legal hunting activity, including training, is not considered to be running at large if the dog is monitored or supervised by a person and the dog is on land in the town that is open to hunting or on land for which the person has obtained permission to hunt or train a dog. Training may include dog trials or other dog-related outdoor events occurring in the town when these events have been approved by the town board, or its designees.
- B.A dog that is used by a law enforcement agency as defined in s. 165.83 (1) (b), Wis. Stats., in the town to perform law enforcement functions is not considered to be running at large or untagged for purposes of this ordinance.
- C.A dog is untagged and kept in the town for educational or scientific purposes as determined by the town board shall not be considered untagged for purposes of this ordinance.
- D.A dog that is untagged and is kept in the town for the blind, deaf, or mobility impaired as determined by the town board shall not be considered untagged for purposes of this ordinance.
SECTION VIII – DOG LICENSE TAX
- A.The owner of a dog or dogs more than 5 months of age on January 1 of any year, or 5 months of age within the license year, shall annually, or on or before the date the dog becomes 5 months of age, upon presentation of evidence that the dog is currently immunized against rabies, pay the dog license tax and obtain a license, except as follows:
- 1.Dogs specially trained to lead blind or deaf persons or to provide support for mobility-impaired persons is exempt from the dog license tax and every person owning such a dog shall receive annually a free dog license from the local collecting officer upon application.
- 2.Dogs that are kept only for educational or scientific purposes are not required to be licenses and are exempt from the dog license tax.
- B.The license tax shall be reviewed from time to time by the town board in accordance with s. 174.05 (2), Wis. Stats.*
- C.The license year commences on January 1 and ends on the following December 31.
- D.The late fee of $5 may be collected from every owner of a dog or dogs 5 months of age or over, if the owner fails to obtain a license prior to April 1 of each year, or within 30 days of acquiring ownership of a licensable dog or if the owner fails to obtain a license on or before the date of the dog reaches licensable age. All late fees received or collected shall be paid into the town treasury as revenue of the town.
- E.All dogs must be vaccinated against rabies. No license shall be issued unless a dog or dogs are vaccinated and sufficient proof of vaccination is presented with license request.
SECTION IX – TOWN AUTHORITY – TAKING CUSTODY OF ANIMALS
- A.A town official or designated employee of the town shall attempt to capture and restrain any dog, cat or pet running at large or any untagged
- B.Any town official or designated employee, or a law enforcement officer, on behalf of the town, may take custody of any dog, cat or pet if grounds believe to be that the animal is one of the following per Wis. Stats. 173.13
1. An abandoned or stray animal
2. A dog is not tagged as required by ch. 174
3. An animal not confined as required by a quarantine order under any statute, rule or ordinance relating to the control of any animal disease
4. An animal that has caused damage to persons or property
6. A participant in an animal fight intentionally instigated by any person
6. An animal mistreated in violation of ch. 951
- C.1. If the identity of the owner of a dog, cat or pet taken into custody under this ordinance is known or can be determined, the town clerk shall provide written notice to the owner that the dog, cat or pet is in the town’s custody and shall inform the owner that if the owner fails to claim the animal, if dog, have the dog properly tagged, and pay the costs of impoundment and care incurred by the town, the dog will be considered abandoned. The owner may claim the animal upon providing reasonable evidence of ownership, dog is properly tagged and all charges for custody, care, vaccination and treatment are paid per Wis. stats. 173.
2. If the identity of the owner of a dog, cat or pet taken into custody under this ordinance is not known or cannot be determined with reasonable diligence, the dog, cat or pet shall be considered a stray.
D. Unclaimed stray or abandoned dog, cats or pet remaining in the custody of the
Town will remain in the custody of the town for no more than 7 days after issuance
Of the notice to the owner under section C may be released to a person other
Than the owner, in accordance with s. 173.23 (1m)(a), if all of the following apply:
1. The person provides his or her name and address
2. If licensure is required by statute or ordinance, the animal is licensed or
Assurance of licensure is given by evidence of prepayment
3. If vaccination is required by statute or ordinance, the animal is vaccinated or
Assurance of vaccination is given by evidence of prepayment
4. Any charges imposed by the town for custody, dare, vaccination and
Treatment are paid or waived.
- D.The town and its officials and agents shall comply with chapters 173 and 174, Wis. Stats.
- E.All persons in the town shall fully cooperate with the town regarding dogs in the town and shall answer frankly, fully, and truthfully all questions of the town relative to dog ownership, possession, and keeping all dogs within the town.
SECTION X – RUNNING AT LARGE
A. No owner or possessor of any dog, cat or pet shall permit the same to run at
large in the town. For dogs, cats or pet running at large includes all situations in
Which a dog, cat or pet is:
1. Not within the principal place of residence of the owner or possessor, and,
2. Not tied up, not securely penned, or not securely held by a chain, rope or
B. All chains, ropes and leashed shall be so placed or attached that they cannot
become entangled with another animal or object, and shall be sufficient length
to allow animal property exercise and convenient access to food, water and
shelter. Such chain, rope or leash shall be located so as to prohibit such
animal from trespassing on private property belonging to others and from
causing harm or danger to person or other animals.
B. When a dog, cat or pet is outside the principal residence of its owner or
possessor, it shall be within the control of its owner or possessor and shall be
attached to a leash, which the leash they owner or possessor shall hold or
be attached to as well as the animal.
C. No owner or person harboring or keeping a fierce or vicious dog or dogs in heat
or cat or cats in heat shall be allowed the same to run at large any anytime.
SECTION XI – WILD, EXOTIC OR VICIOUS ANIMALS AS PET
No person shall keep or permit to be help any wild, exotic or vicious animal(s)
as a pet
SECTION XII – ANIMAL WASTE
It is unlawful for any owner, keeper or possessor including the walker of any dog, cat or pet to permit the animal to discharge animal excreta upon any public or private property other than the property of its owner.
SECTION XIII – INHUMANE TREATMENT
No person shall be cruel or inhumane to any animal by beating, torturing, mutilating or failing to provide it with adequate food, drink or shelter. No person shall abandon any animal within the Town.
SECTION XIV– PENALTY PROVISIONS
Any person, partnership, corporation, or other legal entity that fails to comply with the provisions of this ordinance shall, upon conviction, pay a forfeiture of $50.00, plus the applicable surcharges, assessments, and costs for each violation. Each day a violation exists or continues constitutes a separate offense under this ordinance. In addition, the town board may seek injunctive relief from a court of record to enjoin further violations.
SECTION XV – SEVERABILITY CLAUSE
If any provision of this ordinance or its application to any person or circumstance is held invalid, the invalidity does not affect, other provisions or applications of this ordinance that can be given effect without the invalid provision or application, and to this end the provisions of this ordinance are severable.
SECTION XVI – EFFECTIVE DATE
This ordinance is effective on publication or posting.
The town clerk shall properly post or publish this ordinance as required under s. 60.80, Wis. Stats.
Adopted this 15th day of July, 2014
Town of Brazeau