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4.06 PROTECTION OF ANIMALS THE COUNTY BOARD OF SUPERVISORS OF THE COUNTY OF DOUGLAS DOES ORDAIN AS FOLLOWS: SECTION I. PURPOSE The purpose of this ordinance is to establish and enforce an effective rabies control and licensure program in Douglas County as well as creating an effective and efficient manner of enforcing laws relating to control of animals. SECTION II. AUTHORITY This ordinance hereby adopts the provisions of Section 95.21, Chapters 172,173, 174 and 951 of the Wisconsin Statutes exclusive of any penalties specified herein. SECTION III. JURISDICTION This ordinance shall be effective and enforceable in all areas of Douglas County except where a city, village, or town has enacted a more restrictive animal control ordinance or as otherwise noted herein. SECTION IV. DEFINITIONS A. Animal means every living: 1. Warm-blooded creature, except a human being; 2. Reptile; or 3. Amphibian. B. Domestic animal means any animal, which normally can be considered tame and converted to home life or livestock. C. Exotic animal means primates (all); wolves, jackals, dingos, coyotes and all hybrids; all species of wild cats including, but not limited to, lions, tigers, leopards, jaguars, cougars, caracals, servals, bobcats and hybrids; marsupials including kangaroos and wallabies; venomous snakes and any other nonindigenous wild animals as designated by the local authorities. D. Officer means any duly sworn law enforcement employee of the Douglas County Sheriff Department as well as any humane officer. Chapter 4.06, Page 8 ---PAGE BREAK--- SECTION V. RABIES CONTROL A. Rabies vaccination required for dogs. Except as provided in Wisconsin Statute 95.21(2)(d) or 174.054, the owner of a dog shall have the dog vaccinated against rabies by a veterinarian within 30 days after the dog reaches five months of age and revaccinated within one year after the initial vaccination. If the owner obtains the dog or brings the dog into this state after the dog has reached five months of age, the owner shall have the dog vaccinated against rabies within 30 days after the dog is obtained or brought into the state unless the dog has been vaccinated as evidenced by a current certificate of rabies vaccination from this state or another state. The owner of a dog shall have the dog re-vaccinated against rabies by a veterinarian before the date that the immunization expires as stated on the certificate of vaccination or, if no date is specified, within three years after the previous vaccination. B. Tag to be attached. The owner shall attach the rabies vaccination tag or a substitute tag to a collar and a collar with the tag attached shall be kept on the dog at all times but, this requirement does not apply to a dog during competition or training, to a dog while hunting, to a dog securely confined indoors, to a dog securely confined in a fenced area, or to a dog while actively involved in herding or controlling livestock if the dog is under the control of its owner. The substitute tag shall be of a durable material and contain the same information as the rabies vaccination tag. The requirements of this paragraph do not apply to a dog which is not required to be vaccinated under Section V.A. above. C. Reporting required. 1. The owner of any animal which is suspected of having bitten a person, of being infected with rabies or of having had contact with a rabid animal, or any other person having such information shall report that fact as soon as possible to an officer. 2. The owner of a dog that is used by a law enforcement agency is exempt from the reporting requirement of sub. if a person is bitten while the dog is performing proper law enforcement functions. This exemption is valid as long as the dog’s rabies vaccinations are current. D. Compliance with quarantine order. 1. The owner of any animal which is suspected of biting a person, of being infected with rabies or of having been in contact with a rabid Chapter 4.06, Page 9 ---PAGE BREAK--- animal, shall obey the lawful orders of any officer quarantining the animal pursuant to the authority of sections 95.21(4) and Wis. Stats. 2. The owner of a dog that is used by a law enforcement agency is exempt from the quarantine requirement of sub. if a person is bitten while the dog is performing proper law enforcement functions. This exemption is valid as long as the dog’s rabies vaccinations are current. SECTION VI. OWNERS OR CUSTODIANS TO CONTROL ANIMALS A. An owner or custodian of an animal shall not permit, whether negligently or otherwise, the animal to run at large. An animal is considered to be running at large if it is off the premises of the owner or custodian and not under the control of the owner or custodian. B. When an animal is off the property of its owner or custodian, the owner or custodian shall not permit, whether negligently or otherwise, the animal to attack, bite or otherwise injure: 1. Any other domestic animal; 2. Any person who is engaged in lawful activity. C. The owner or custodian of an animal in violation of this section may be fined and held responsible for any costs incurred for damages caused by or for removal of animals which are in violation of this section. Any animal in violation of this section is subject to impoundment. D. Every owner of a dog over the age of five months shall obtain a dog license for the dog as required by state statute. The owner of a dog shall securely attach the tag, which is furnished at the time of issuance of the dog license, to a collar which in turn shall be kept on the dog at all times except when provided otherwise by state statute. E. The owner or custodian of a dog must prevent them from becoming a public nuisance. A public nuisance is created by any owner or custodian who allows excessive, continuous or untimely barking, howling, crying or yelping, or the making of loud continuous disruptive noises. This section shall not apply to dogs kept on a farm operation for the purpose of protecting domestic animals. Chapter 4.06, Page 10 ---PAGE BREAK--- SECTION VII. MISTREATING ANIMALS No person may treat any animal, whether belonging to the person or another, in a cruel manner. This ordinance does not prohibit bona fide experiments carried on for scientific research or normal and accepted veterinary practices. SECTION VIII. USE OF POISONOUS AND CONTROLLED SUBSTANCES No person may expose any domestic animal whether belonging to the person or another to any known poisonous substance, any controlled substance included in schedule I, II, III, IV or V of Chapter 961, Wis. Stats, whether mixed with meat or other food or not, so that the substance is liable to be eaten by the animal and for the purpose of harming the animal. This ordinance shall not apply to poison use on one's own premises and designed for the purpose of rodent or pest extermination nor to the use of a controlled substance in bona fide experiments carried on for scientific research or in accepted veterinary practices. SECTION IX. PROVIDING PROPER FOOD AND DRINK TO CONFINED ANIMALS No person owning or responsible for confining or impounding any animal may refuse or neglect to supply the animal with a sufficient supply of food and water as prescribed in this ordinance. A. Food. The food shall be sufficient to maintain all animals in good health. B. Water. If potable water is not accessible to the animals at all times, it shall be provided daily and in sufficient quantity for the health of the animal. SECTION X. PROVIDING PROPER SHELTER No person owning or responsible for confining or impounding any animal may fail to provide the animal with proper shelter as prescribed in this section. In the case of farm animals, nothing in this section shall be construed as imposing shelter requirements or standards more stringent than normally accepted husbandry practices in the particular county where the animal or shelter is located. A. Indoor Standards. Minimum indoor standards of shelter shall include: 1. Ambient temperatures. The ambient temperature shall be compatible with the health of the animal. 2. Ventilation. Indoor housing facilities shall be adequately ventilated by natural or mechanical means to provide for the health of the animals at all times. Chapter 4.06, Page 11 ---PAGE BREAK--- B. Outdoor Standards. Minimum outdoor standards of shelter shall include: 1. Shelter from sunlight. When sunlight is likely to cause heat exhaustion of an animal tied or caged outside, sufficient shade by natural or artificial means shall be provided to protect the animal from direct sunlight. As used in this paragraph, "caged" does not include farm fencing used to confine farm animals. 2. Shelter from inclement weather. Animals generally. Natural or artificial shelter appropriate to the local climatic conditions for the species concerned shall be provided as necessary for the health of the animal. Dogs. If a dog tied or confined unattended outdoors under weather conditions which adversely affect the health of the dog, a shelter of suitable size to accommodate the dog shall be provided. C. Space Standards. Minimum space requirements for both indoor and outdoor enclosures shall include: 1. Structural strength. The housing facilities shall be structurally sound and maintained in good repair to protect the animals from injury and to contain the animals. 2. Space Requirements. Enclosures shall be constructed and maintained so as to provide sufficient space to allow each animal adequate freedom of movement. Inadequate space may be indicated by evidence of debility, stress or abnormal behavior patterns. D. Sanitation Standards. Minimum standards of sanitation for both indoor and outdoor enclosures shall include periodic cleaning to remove excrete and other waste materials, dirt and trash so as to minimize health hazards. SECTION XI. NEGLECTED OR ABANDONED ANIMALS No person may neglect or abandon any animal. SECTION XII. ENFORCEMENT The enforcement of this ordinance may be by any law enforcement officer as that Chapter 4.06, Page 11.1 ---PAGE BREAK--- term is used in Wisconsin Statute 951.01(4). This includes enforcement by any humane officer as shall be designated and appointed by the Douglas County Board of Supervisors. SECTION XIII. EXOTIC ANIMALS A. Any exotic animal kept in the County of Douglas shall be contained in a pen or enclosure of proper size and strength as to prohibit the animals escape. B. It shall be the duty of each individual city, town, or local municipality to regulate or implement any ordinance concerning the sale or keeping of exotic animals, as they see fit. If at any time County personnel are needed in order to contain, capture, or humanely destroy an exotic animal, the animal owner will be responsible for the costs associated. SECTION XIV. PENALTIES A. Any person violating any provision of this ordinance shall be subject to forfeitures as listed below. If any violation continues, each day of continued violation shall be deemed a separate violation. B. Vaccination Violation: Vaccination enforcement as set forth in Wisconsin Statutes 95.21. Any person having a dog with no verifiable current rabies vaccination shall pay a forfeiture of not less than fifty dollars ($50.00) or more than two hundred dollars ($200.00) for subsequent offenses. C. Quarantine Violation: Failure to comply with quarantine or to deliver an animal to an officer or isolation facility or veterinarian, shall be fined not less than one hundred dollars ($100.00) or more than one thousand dollars ($1,000.00) or imprisoned not more than 60 days or both. D. Other Violations: Any person who violates any other provision except and above, may be required to forfeit the following: 1. 1st Forfeiture $100.00 – plus court costs 2. 2nd Forfeiture $200.00 – plus court costs 3. 3rd Forfeiture $400.00 – plus court costs SECTION XV. EFFECTIVE DATE This ordinance shall take effect upon passage and publication. Dated this 15th day of May, 2014. Chapter 4.06, Page 11.2