Number
121712
Version
ORIGINAL
Reference
Sponsor
ALD. BOHL, MURPHY AND BAUMAN
Title
An ordinance relating to dangerous animals and cruelty to animals.
Sections
78-22-3 am
78-23-9 rc
78-23-9.5 cr
78-25-2-b rc
78-31-1-a am
78-31-3-d cr
78-31-5-a am
78-31-5-b rc
78-31-6 cr
78-31-7 cr
78-55-6-b-1 am
78-55-6-b-6 cr
80-10-2-c-1-c rc
Analysis
This ordinance:
1. Allows the owner of a pit bull dog or a Rottweiler dog to attend a dog training or behavior class recommended by the Milwaukee area domestic animal control commission.
2. Provides that when the department of neighborhood services or a humane officer declares an animal to be a dangerous animal or a prohibited dangerous animal, the department or humane officer shall order the owner or caretaker to present the animal to the Milwaukee area domestic animal control commission for the purpose of having a microchip inserted for identification purposes. The cost of the microchip procedure shall be at the expense of the owner.
3. Adds "neglect" to the list of actions deemed as constituting cruelty to animals.
4. Prohibits the keeping of any animal or bird in any garage, shed or vacant structure.
5. Clarifies that any person - not just the owner or caretaker of an animal - can be responsible for instigating animal fighting.
6. Prohibits any person from intentionally being a spectator of animal fighting.
7. Defines animal-fighting paraphernalia, as well as prohibits, and establishes penalties for, the intentional ownership, sale or manufacture of animal-fighting paraphernalia.
8. Requires the owner or caretaker of any animal that is bleeding or injured to get prompt veterinary care for the animal, and to provide a copy of a current dog or cat license upon request.
9. Creates enhanced penalties for second and subsequent violations of the dog- and cat-licensing requirement, the animal-cruelty prohibition and the animal-fighting prohibition.
10. Adds cruelty to animals and other animal-related offenses to the list of activities which constitute nuisance activities under the city's chronic nuisance premises ordinance.
Body
The Mayor and Common Council of the City of Milwaukee do ordain as follows:
Part 1. Section 78-22-3 of the code is amended to read:
78-22. Pit-Bull and Rottweiler Dogs.
3. Attend a minimum of one dog behavior or training class offered by a trainer recommended by the [[Wisconsin Humane Society or the Milwaukee Dog Training Club]] >>Wisconsin humane society, Milwaukee dog training club or Milwaukee area domestic animal control commission<< .
Part 2. Section 78-23-9 of the code is repealed and recreated to read:
9. DECLARATION AND ORDER. Upon investigation, a department or humane officer may issue an order declaring an animal to be a dangerous animal and ordering the owner or caretaker to present the animal to the Milwaukee area domestic animal control commission for the purpose of having a microchip inserted for identification purposes. The cost of the microchip procedure shall be at the expense of the owner.
Part 3. Section 78-23-9.5 of the code is created to read:
9.5. APPEAL. Whenever an owner or caretaker wishes to contest an order, he or she shall, within 72 hours after receipt of the order, deliver to the department a written objection to the order. If an owner or caretaker makes such an objection to the order, the department shall convene a hearing before a dangerous animal panel. The procedure for such appeal and the composition of the panel shall all be as specified ins. 78-25.
Part 4. Section 78-25-2-b of the code is repealed and recreated to read:
78-25. Prohibited Dangerous Animals.
2. DETERMINATION OF A PROHIBITED DANGEROUS ANIMAL.
b. Declaration and Appeal. b-1. Upon investigation, a department or humane officer may issue an order declaring an animal to be a prohibited dangerous animal and ordering the owner or caretaker to present the animal to the Milwaukee area domestic animal control commission for the purpose of having a microchip inserted for identification purposes. The cost of the microchip procedure shall be at the expense of the owner.
b-2. Whenever an owner or caretaker wishes to contest an order, he or she shall, within 72 hours after receipt of the order, deliver to the department a written objection to the order. The written objection shall include the specific reasons for objecting to or contesting the order. If an owner or caretaker makes such an objection to the order, the department shall convene a hearing. The hearing shall be conducted before a 3-person dangerous animal panel composed of an environmental health professional, a humane officer and a veterinarian, as designated by the commissioner of neighborhood services. Each panel member serves as an officer of the city exercising a quasi-judicial function within the scope of s. 893.80, Wis. Stats. At the hearing, the owner or caretaker shall have the opportunity to present evidence as to why the animal should not be declared a prohibited dangerous animal. The hearing shall be held promptly and within no less than 5 days nor more than 10 days after service of a notice of hearing upon the owner or caretaker of the animal.
Part 5. Section 78-31-1-a of the code is amended to read:
78-31. Cruelty to Animals.
1. CRUELTY.
a. No person may cause, allow or personally beat, frighten, overburden >>, neglect<< or abuse any animal or bird, or use any device or chemical substance by which pain, suffering or death may result, whether the animal >>or bird<< belongs to the person or another, except that reasonable force may be use to drive off dangerous or trespassing animals.
Part 6. Section 78-31-3-d of the code is created to read:
3. SHELTER
d. No person shall keep, harbor, raise or possess any animal or bird in any garage, shed or vacant structure.
Part 7. Section 78-31-5-a of the code is amended to read:
5. ANIMAL FIGHTING.
a. Instigation. No [[owner or caretaker of any animal]] >>person<< shall cause or allow any animal to lunge at, or fight any other animal or person.
Part 8. Section 78-31-5-b of the code is repealed and recreated to read:
b. Spectators. No person shall intentionally be a spectator of animal fighting.
Part 9. Section 78-31-6 and 7 of the code is created to read:
6. ANIMAL FIGHTING PARAPHERNALIA. a. Definition. In this subsection, "animal-fighting paraphernalia" means equipment, products or materials of any kind that are used, intended for use or designed for use in the training, preparation, conditioning or furtherance of animal fighting, including but not limited to the following:
a-1. A breaking stick, or device designed for insertion behind the molars of a dog for the purpose of breaking the dog's grip on another animal or object.
a-2. A cat mill, or a device that rotates around a central support with one arm designed to secure a dog and one arm designed to secure a cat, rabbit or other small animal beyond the grasp of the dog.
a-3. A treadmill, or an exercise device consisting of an endless belt on which an animal walks or runs without changing places.
a-4. A springpole, or a biting surface attached to a stretchable device, suspended at a height sufficient to prevent a dog from reaching the biting surface while touching the ground.
a-5. A fighting pit, or a walled or otherwise defined area designed to contain an animal fight.
a-6. Any other instrument commonly used in the furtherance of pitting one animal against another animal.
b. Prohibited Activity. No person shall intentionally own, possess, sell, transfer or manufacture animal-fighting paraphernalia with the intent to engage in or otherwise promote or facilitate animal fighting.
c. Penalty. c-1. Any animal-fighting paraphernalia used in violation of this section shall be seized and forfeited to the city.
c-2. Any person who violates this subsection shall, upon conviction, be subject to a forfeiture of not more than $500, together with the costs of prosecution, and upon default of payment be imprisoned as permitted under law.
7. VETERINARY CARE. No owner or caretaker of any animal shall fail to get prompt veterinary care for the animal if the animal is bleeding or injured, and the owner or caretaker shall provide a copy of a current dog or cat license upon request.
Part 10. Section 78-55-6-b-1 of the code is amended to read:
78-55. Penalties and Enforcement.
6. VIOLATIONS OF CERTAIN REGULATIONS.
b-1. Any person who commits a second or subsequent violation of >>s. 78-17-1 or<< s. 78-19-1 >>,<< or who commits a second or subsequent violation of an order issued under >>s. 78-17-1 or<< s. 78-19-1 >>,<< shall be liable upon conviction to a Class D penalty under ch. 61.
Part 11. Section 78-55-6-b-6 of the code is created to read:
b-6. Any person who commits a second or subsequent violation of s. 78-31-1 or s. 78-31-5-a, or who commits a second or subsequent violation of an order issued under s. 78-31-1 or s. 78-31-5-a, shall be liable upon conviction to a Class L penalty under ch. 61.
Part 12. Section 80-10-2-c-1-c of the code is repealed and recreated to read:
80-10. Chronic Nuisance Premises.
2. DEFINITIONS.
c.
c-1. "Nuisance activity" means any of the following activities, behaviors or conduct whenever engaged in by persons associated with a premises:
c-1-c. Cruelty to animals or any other violation of s. 78-31.
LRB
APPROVED AS TO FORM
__________________________
Legislative Reference Bureau
Date:______________________
Attorney
IT IS OUR OPINION THAT THE ORDINANCE
IS LEGAL AND ENFORCEABLE
__________________________
Office of the City Attorney
Date:______________________
Requestor
Drafter
LRB145302-1
Jeff Osterman
04/04/2013
clerical correction -- 5/23/13 -- lp