Number
250028
Version
SUBSTITUTE 1
Reference
Sponsor
ALD. BAUMAN AND MOORE
Title
A substitute ordinance relating to the ethical treatment and ownership of animals.
Section
78-1-1 ra
78-1-1 cr
78-1-1.5 cr
78-1-8.5 cr
78-1-9.5 cr
78-1-10.5 cr
78-1-15.5 cr
78-1-19 cr
78-1-20 cr
78-1-21 cr
78-1-22 cr
78-1-25.5 cr
78-1-26.5 cr
78-1-27.5 cr
78-1-28.5 cr
78-1-29.5 cr
78-1-32.5 cr
78-1-33.2 cr
78-1-33.5 cr
78-1-34.2 cr
78-1-34.5 cr
78-1-36 cr
78-1-38 cr
78-1-39 cr
78-1-40 cr
78-1-41 cr
78-5-3 am
78-7-3 cr
78-7-4 cr
78-8 cr
78-17-6 cr
78-19-5 cr
78-19-6 cr
78-21-2 rc
78-22 rc
78-24 cr
78-31-9 cr
78-55-6-a am
Analysis
This ordinance creates provisions in the code regulating dangerous animal behavior, humane management of feral cats through trap-neuter-return, mandatory pet microchipping, and enhanced tethering restrictions. The ordinance also establishes standards for pet ownership, outdoor cat management, and animal care enforcement, and creates additional penalties as necessary.
Body
The Mayor and Common Council of the City of Milwaukee do ordain as follows:
Part 1. Section 78-1-1 of the code is renumbered 78-1-1.7 and amended to read:
78-1. Definitions.
1.7. ANIMAL FANCIER means any person in a residential dwelling unit who keeps, harbors, raises or possesses any combination of rabbits, dogs or cats numbering not less than, nor more than, [[5]] >>4<< animals over the age of 5 months.
Part 2. Section 78-1-1, 1.5, 8.5, 9.5, 10.5, 15.5, 19, 20, 21, 22, 25.5, 26.5, 27.5, 28.5, 29.5, 32.5, 33.2, 33.5, 34.2, 34.5, 36, 38, 39, 40, and 41 of the code is created to read:
78-1. Definitions.
1. ALTERED FERAL CAT means a feral cat that has been captured, sterilized, eartipped, microchipped, and vaccinated against rabies.
1.5. ANCHOR SWIVEL means a device that connects the tether to the anchor and prevents twisting or tangling by allowing the tether to rotate freely.
8.5. CARETAKER OF COMMUNITY CATS means a person who voluntarily provides care, including food, shelter, and medical attention, for community cats.
9.5. CHOKE COLLAR means any collar that tightens around a dog’s neck when pressure is applied, designed to restrict or choke the animal.
10.5 COMMUNITY CAT means a free-roaming, unowned cat that is cared for by a designated caretaker of community cats, is not socialized, and is managed through a trap-neuter-return program.
15.5. DOG SHELTER means an enclosed structure that provides a dog with adequate protection from the elements, including protection from rain, snow, sun, and extreme temperatures, and allows the dog to stand, turn around, and lie down comfortably.
19. EARTIPPING means straight-line cutting of the tip of the left ear of a cat while the cat is anesthetized as a visual indicator of having been spayed or neutered.
20. EXTREME WEATHER means weather conditions, including but not limited to heat advisory, cold warning, or other alert that pose a risk to the health or safety of an animal, as declared by the national weather service or local authorities.
21. FANCIER PERMIT means a permit issued by the city allowing an individual to keep, breed, or transfer more animals than the number permitted in s. 78-5-3, in compliance with animal care, facility, and recordkeeping standards.
22. FERAL CAT means a cat that is born in the wild, is the offspring of an owned or feral cat and is not socialized, or is a formerly owned cat that has been abandoned and is no longer socialized.
25.5. HARNESS means a device of straps that fits around a dog's body and is used instead of a collar for the purpose of leading or tethering the dog.
26.5. HOLDING FACILITY means the Milwaukee area domestic animal control commission facility building.
27.5. IRRESPONSIBLE OWNER means any individual who fails to properly restrain, control, or care for an animal in a manner that result in aggressive behavior, a public nuisance, or repeated violations of this chapter.
28.5. MICROCHIP means a registered electronic identifier implanted under an animal’s skin, linked to a registry containing the owner's contact information.
29.5. NON-TIGHTENING COLLAR means a collar designed to maintain a consistent fit around the dog's neck without tightening when tension is applied to the leash or tether.
32.5. PINCH COLLAR means a collar composed of interlocking links with inward-facing prongs, which applies even pressure around a dog’s neck when pulled.
33.2. POTABLE WATER means water that is safe and suitable for a dog or other animal to drink, free from contamination and readily accessible.
33.5. POTENTIALLY DANGEROUS ANIMAL means any dog or other animal that, without provocation, engages in aggressive behavior but has not inflicted bodily injury.
34.2. PRONG COLLAR means a collar fitted with inward-facing metal prongs that press into a dog’s neck when tension is applied.
34.5. RELEASING AGENT means a person who traps a feral cat on private property or adopts one from the Milwaukee area domestic animal control commission or other animal rescue organization, and complies with the trap-neuter-return protocol and registration requirements.
36. STRAY CAT means a previously owned cat that roams outdoors without direct supervision.
38. TETHER means a rope, chain, cable, or similar device used to secure a dog outdoors to a stationary object or anchoring device to restrict the dog's movement.
39. TRANSFER means any change in ownership or custody of an animal, whether by sale, gift, adoption, barter, or other means.
40. TRAP-NEUTER-RETURN means the procedure by which a feral cat is captured, altered, eartipped, microchipped, vaccinated against rabies, and returned back to its location in order to encourage the stabilization of the feral cat population in the city.
41. VETERINARY INSPECTION CERTIFICATE means a document issued and signed by a licensed veterinarian indicating that an animal has been examined and found to be free of signs of contagious or infectious disease on or near the date of transfer.
Part 3. Section 78-5-3 of the code is amended to read:
78-5. Keeping of Animals Within City.
3. NUMBER PERMITTED. No person shall keep, harbor, shelter or possess at any time more than [[4]] >>3<< rabbits, dogs or cats or any combination thereof which are over the age of 5 months unless the person holds a valid animal fancier permit, kennel permit, pet shop permit or grooming establishment permit. The keeping of more than [[4]] >>3<< rabbits, dogs or cats over the age of 5 months per dwelling unit in a multiple dwelling is declared to be a nuisance. No person in a multiple dwelling shall be granted an animal fancier permit. There shall be no more than one animal fancier permit issued to any qualified dwelling unit.
Part 4. Section 78-7-3 and 4 of the code is created to read:
78-7. Kennels, Horse Stables and Animal Fancier Permits.
3. INTENTIONALLY BRED AND ACCIDENTAL LITTER ANIMAL TRANSFER REQUIREMENTS. a. Any individual exceeding the limit on number of animals due to accidental litter shall obtain an animal fancier permit prior to any sale, transfer, or advertisement of any animal.
b. Every intentionally bred or accidental litter intended for sale or transfer to the public shall be:
b-1. Microchipped and registered with the Milwaukee area domestic animal control commission.
b-2. Accompanied by proof of microchipping, current vaccinations, and a current veterinary inspection certificate.
c. No puppy or kitten shall be sold, adopted, or transferred before reaching 8 weeks of age.
d. All advertisements for the sale or transfer of animals shall include the valid fancier permit number.
e. A permit holder shall maintain records for a minimum of one year documenting the origin, identification, and final disposition of each animal sold or transferred. Such records shall be made available to the Milwaukee area domestic animal control commission upon request.
f. An individual holding a fancier permit under this section shall ensure compliance with animal care standards set forth in ch. ATCP 16, Wis. Admin. Code, including but not limited to requirements for adequate shelter, space, sanitation, exercise, and access to veterinary care. Additional standards established by city ordinance or the Milwaukee area domestic animal control commission policies shall also apply.
Part 5. Section 78-8 of the code is created to read:
78-8. Milwaukee Area Domestic Animal Control Commission. 1. OVERSIGHT AND DIRECTION. The Milwaukee area domestic animal control commission shall operate under the direction and oversight of the department of neighborhood services. All enforcement, inspection, and administrative actions taken by the Milwaukee area domestic animal control commission under this chapter shall be subject to the policies, supervision, and authority of the department.
2. ENFORCEMENT AUTHORITY. Under the supervision of the department of neighborhood services, the Milwaukee area domestic animal control commission shall:
a. Refer or recommend the issuance of citations for violations of this chapter.
b. Assist with inspections of facilities and premises as required by permit or ordinance.
c. Recommend the suspension or revocation of permits issued pursuant to this chapter.
d. Maintain breeder and fancier registries necessary to monitor and enforce compliance.
e. Assist a caretaker of community cats in developing a community cat management plan and compliance with the approved plan.
3. EXPERT REFERRALS. The Milwaukee area domestic animal control commission shall serve as a subject matter expert in animal welfare and enforcement matters. When appropriate, the Milwaukee area domestic animal control commission shall refer cases involving suspected criminal violations or urgent public safety risks to the police department or other appropriate law enforcement agency.
4. REPORTING REQUIREMENTS. a. The Milwaukee area domestic animal control commission, through the department of neighborhood services, shall submit biannual reports detailing enforcement, citations, inspections, and permits to the common council.
b. The Milwaukee area domestic animal control commission shall maintain records of all cats processed through the trap-neuter-return program.
5. TRAP-NEUTER-RETURN OPERATIONS. The city recognizes trap-neuter-return as the preferred method for managing the community cat population. The Milwaukee area domestic animal control commission, under the supervision of the department of neighborhood services and in coordination with authorized nonprofit organizations or individuals, shall conduct, oversee, and support trap-neuter-return operations within the city.
Part 6. Section 78-17-6 of the code is created to read:
78-17. Dog and Cat Licenses.
6. MANDATORY MICROCHIPPING. a. Every dog, cat or rabbit over the age of 4 months shall be microchipped and registered with a nationally recognized pet recovery database.
b. Transfer of ownership of any microchipped animal shall be reported to a national pet microchip registry within 30 days of the transfer date. The new owner shall ensure that the microchip registration is updated to reflect current contact information.
c. The requirements of this subsection shall not apply to:
c-1. A dog, cat or rabbit temporarily visiting the city for a period not exceeding 30 consecutive days.
c-2. A dog, cat or rabbit owned by an individual who has established residency in the city within the past 30 days, provided that microchipping is completed and registered within that time.
Part 7. Section 78-19-5 and 6 of the code is created to read:
78-19. Animals at Large; Animal Litter Nuisance.
5. NUISANCE COMPLAINT PROCESS; COMMUNITY CAT OR FERAL CAT. A property owner or lawful occupant with concerns regarding a community cat or a feral cat that is alleged to create a nuisance on private property shall file a complaint with the department of neighborhood services regarding the alleged nuisance. Upon receipt of such complaint, the department shall investigate to determine whether the presence of the community cat or feral cat constitutes a nuisance. If the department or the Milwaukee area domestic animal control commission determines that a community cat constitutes a nuisance, the caretaker shall take appropriate action, which shall include one of the following:
a. Trap-neuter-return.
b. Facilitating relocation of the animal.
c. Taking any other lawful and humane measures consistent with the policies and procedures established by the department of neighborhood services, the Milwaukee area domestic animal control commission and applicable law.
6. EXCEPTION TO ANIMAL AT LARGE PROHIBITION. The prohibition against animals running at large shall not apply to the following, provided all other applicable requirements under this chapter are met:
a. An animal that is actively participating in an organized or sanctioned exhibition, competition, or training session conducted under the supervision of a responsible person.
b. A healthy, sterilized, eartipped community cat, an altered feral cat, or an outdoor cat including indoor-outdoor cat that is sterilized and microchipped, shall be exempt provided all of the following conditions are met:
b-1. The cat displays clear visual evidence of sterilization, including but not limited to either an eartip or a sterilization tattoo located on the lower abdomen.
b-2. The cat is not injured or visibly ill.
b-3. The cat is not the subject of a confirmed human or animal bite incident.
b-4. The cat is on private property and the cat’s presence is not a nuisance to the property owner or occupant.
Part 8. Section 78-21-2 of the code is repealed and recreated to read:
78-21. Impounding of Animals.
2. REPOSSESSION OF IMPOUNDED ANIMALS. a. The possession of any animal seized or impounded by the Milwaukee area domestic animal control commission shall be obtained by the owner or caretaker upon compliance with the conditions set forth in this section.
b. The fee to reclaim a stray or impounded animal shall be $25 per impoundment.
c. In addition to the reclaim fee required under par. b, a daily fee for boarding shall be assessed for each calendar day, or portion thereof, during which the animal is held in impoundment. The amount of the daily fee shall be determined by the Milwaukee area domestic animal control commission in accordance with its current fee schedule.
d. The Milwaukee area domestic animal control commission may assess additional fees for veterinary care, administrative processing, or other services provided during the period of impoundment, as authorized under s.173.23(1), Wis. Stats., and applicable Milwaukee area domestic animal control commission policy.
e. If the animal is an unlicensed dog or cat, the owner shall obtain a valid license and pay any applicable licensing fees prior to the animal’s release.
f. No animal shall be released from Milwaukee area domestic animal control commission custody until all required fees under this section have been paid in full and all applicable licensing requirements have been met.
Part 9. Section 78-22 of the code is repealed and recreated to read:
78-22. Dangerous and Potentially Dangerous Animals. 1. DESIGNATION. A dog or other animal shall be designated as dangerous or potentially dangerous if either of the following is true:
a. The dog or other animal has a documented incident of unprovoked aggression resulting in injury or threat of injury to a person or domestic animal.
b. The dog or other animal demonstrates a documented pattern of aggressive behavior with 3 or more substantiated complaints in a 12-month period or public nuisance complaints as verified by an animal control officer, law enforcement officer, or administrative hearing.
2. DESIGNATED AS DANGEROUS. An owner of an animal designated as dangerous or potentially dangerous shall:
a. Confine the animal securely on the owner’s property to prevent escape.
b. Leash and muzzle the animal in public as directed by the department of neighborhood services.
c. Maintain current licensure and proof of rabies vaccination.
d. Obtain liability insurance or a bond in an amount determined by the department of neighborhood services.
e. Complete a training or an education program if ordered by the department of neighborhood services or administrative hearing officer.
3. BREED-NEUTRAL POLICY. Breed identification, DNA testing, or appearance shall not be used to determine if an animal is dangerous or potentially dangerous.
4. SIZE-BASED DOG SAFETY REGULATION. An owner of a dog weighing over 45 pounds is subject to the following safety regulations:
a. While in a public place, the dog shall be controlled using a leash no longer than 6 feet in length. The leash shall be held by a person 16 years of age or older competent to govern the animal. The leash may be held by a person younger than 16 years of age only if one of the following is true:
a-1. Prior written approval, which the handler shall carry at all times while handling the dog, is obtained from the department of neighborhood services.
a-2. The dog and handler are participating in an approved American kennel club show or other organized competition among trained owners and dogs.
b. When on private property and unsupervised, the dog shall be contained within a securely fenced area equipped with an escape prevention measure sufficient to prevent the animal from leaving the property unsupervised.
5. ENFORCEMENT AND PENALTIES. A violation of this section shall result in:
a. Issuance of applicable civil citation and penalty.
b. Seizure, humane euthanasia of the animal or revocation of future animal ownership privileges in case of gross negligence or repeated violations.
6. APPEALS. An owner of an animal that is subject to a dangerous or potentially dangerous designation shall have the right to request an administrative hearing within 15 days of receiving notice.
Part 10. Section is 78-24 of the code is created to read:
78-24. Cat Sterilization and Outdoor Management. 1. STERILIZATION REQUIREMENT FOR OWNED CAT. No person shall own, harbor, or keep a cat over the age of 5 months that has not been spayed or neutered unless one of the following applies:
a. The cat is a purebred registered with the cat fancier’s association or the international cat association and is actively used for breeding purposes, and the owner holds a valid animal fancier permit.
b. A licensed veterinarian has issued a written statement that sterilization would pose a serious health risk to the cat due to a documented medical condition.
2. OUTDOOR CATS. Any cat permitted outdoors shall meet all of the following requirements:
a. The cat shall be spayed or neutered.
b. The cat shall be currently vaccinated in accordance with state and local requirements.
c. The cat shall be permanently identified with a registered microchip.
d. The cat shall display a visible marking indicating sterilization, such as a tattoo on a lower abdomen or an eartip.
3. COMMUNITY CAT AND FERAL CAT MANAGMENT. a. Trap-neuter-return Requirement. A feral cat trapped and managed under the community cat management program shall be sterilized, vaccinated, and eartipped prior to return. The property owner or caretaker shall be responsible for ensuring compliance with this requirement.
b. Condition for Release of Feral Cats. A feral or community cat may be returned to the field if all of the following conditions are met:
b-1. The cat has been sterilized, eartipped, microchipped, and vaccinated against rabies.
b-2. The cat is registered by a caretaker with the Milwaukee area domestic animal control commission or a holding facility authorized by Milwaukee area domestic animal control commission.
b-3. The cat is returned to the private property where the cat was originally trapped.
b-4. The property owner or lawful occupant has granted permission for the return of the cat to their property.
b-5. No more than 2 community cats shall be returned or maintained at a single residential property without a department of neighborhood services approved population management plan.
c. Community Cat Care and Management. c-1. A caretaker of community cats shall feed community cats up to 2 times daily during daylight hours.
c-2. To prevent attracting wild animals, a caretaker of community cats shall ensure that food intended for cats is not left out overnight.
c-3. Each cat shall be registered annually with proof of current rabies vaccination and applicable license fee payment.
c-4. A property owner or caretaker of community cats maintaining more than 2 feral cats on a single property on or after the effective date of this ordinance [ city clerk to insert date] shall, within 90 days, submit a community cat management plan to the department of neighborhood services for review and approval.
d. Suitability for Adaption. The agency responsible for providing medical services shall have the sole authority to evaluate and determine a cat’s suitability for adoption, taking into consideration the animal’s health status, temperament, and any other relevant circumstances.
4. PROHIBITION ON ABANDONMENT. No person shall intentionally release, dump, or abandon any cat in the city without assuming full caretaking responsibility as defined in this chapter or without complying with registered trap-neuter-return guidelines. Abandonment shall be considered a violation of this section.
Part 11. Section 78-31-9 of the code is created to read:
78-31. Cruelty to Animals.
9. TETHERING AND OUTDOOR HOUSING STANDARDS. No person shall tether a dog outdoors unless all of the following conditions are met:
a. The dog is of a breed or type that can reasonably tolerate tethering based on general veterinary and animal welfare standards.
b. The dog can readily tolerate tethering based on its age, health, and physical condition.
c. The dog is 6 months or older.
d. The dog is not a pregnant or nursing female.
e. The tethered dog shall be able to easily enter, stand, turn around, and lie down within a dog shelter that complies with the standard set forth in s. 78-31-8.
f. The tether is configured so that it cannot become entangled with any object, obstacle, or another tethered animal.
g. The tether shall include an anchor swivel or similar device to prevent tangling.
h. The tether shall be at least 6 feet in length and sufficiently long to allow the dog freedom of movement based on its size.
i. The tether is attached to the dog by means of a properly fitted, non-tightening collar or a harness appropriate for the size and strength of the dog.
j. The tether does not exceed 10% of the dog’s body weight and shall be of sufficient strength and material to prevent breakage or injury.
k. The dog is not tethered outdoors during any period when the national weather service or local authority has issued a weather-related advisory.
L. The dog is not tethered outdoors for more than 3 hours within any day in any 24-hour period, and not more than 2 consecutive hours at a time without a one-hour break.
m. The dog is monitored at reasonable intervals by the owner or caretaker, who shall be physically present on the premises at all times while the dog is tethered.
n. The dog is not tethered with a choke collar, pinch collar, prong collar, or similarly restrictive or injurious device.
o. The dog has continuous access to clean, potable water, appropriate food, and shelter adequate to protect it from the elements at all times.
p. The dog is not causing disturbance or a nuisance.
Part 11. Section 78-55-6-a of the code is amended to read:
78-55. Penalties and Enforcement.
6. VIOLATIONS OF CERTAIN REGULATIONS.
a. Any person violating any of the following provisions of this chapter listed in Column A for which specific penalties are not provided elsewhere in this subsection shall be liable on conviction to the penalties listed in column B and described in ch. 61:
A B
78-3-1 Class I
78-5-1 Class F
78-5-2-a Class C
78-5-2-b Class L
78-5-2-c Class F
78-5-3 Class C
>>78-5-4 Class F<<
[[78-6 to 78-19 Class C]]
>>78-6 to 79-17-1 Class C
78-17-6 Class F
78-19 Class C<<
78-22 Class F
78-23-1 to 78-23-7 Class F
78-23-10 Class I
>>78-24 Class F<<
78-25-1 Class K
78-27 to 31 Class F
78-35 to 47 Class C
78-49 Class F
78-53 Class F
LRB
APPROVED AS TO FORM
K. Broadnax
____________________________
Legislative Reference Bureau
Date: June 5, 2025
_________________
Attorney
IT IS OUR OPINION THAT THE ORDINANCE
IS LEGAL AND ENFORCEABLE
____________________________
Office of the City Attorney
Date: ______________________
Requestor
Drafter
LRB180683-2
Addis Zewdie
05/16/2025