Number
260369
Version
SUBSTITUTE 1
Reference
Sponsor
ALD. BAUMAN
Title
A substitute ordinance relating to dangerous and exotic animals.
Section
78-1-13-a am
78-1-16.5 cr
78-1-33 rp
78-1-35 rp
78-5-1 am
78-5.5 cr
78-5.5-1 cr
78-5.5-2 cr
78-5.5-3 cr
78-5.5-4 cr
78-5.5-5 cr
78-5.5-6 cr
78-5.5-7 cr
78-5.5-8 cr
78-5.5-9 cr
78-5.5-10 cr
78-5.5-11 cr
78-22 rp
78-23-1-a am
78-23-1-b am
78-23-6.5 cr
78-23-9 am
78-23-10 rc
78-23-10.5 cr
78-23-11 rc
78-23-11.5 cr
78-23-11.7 cr
78-25 rc
78-55-6-a am
Analysis
This ordinance revises Chapter 78 of the code relating to dangerous and prohibited dangerous animals by repealing breed-specific dangerous dog provisions and establishing a behavior-based system for the designation, regulation, transfer, and enforcement of dangerous and prohibited dangerous animals. The ordinance also revises standards and procedures relating to dangerous animal determinations, notification requirements, transfer restrictions, behavioral training, euthanasia, review of designation, and public nuisance enforcement.
The ordinance further repeals and recreates provisions relating to prohibited dangerous animals to establish procedures for designation and appeal, compliance periods, confinement requirements, removal or disposition and enforcement.
In addition, the ordinance creates provisions regulating exotic animals, including prohibited possession, exemptions, transportation, seizure authority, animals kept prior to the effective date, transfer restrictions, and public nuisance enforcement.
Body
The Mayor and Common Council of the City of Milwaukee do ordain as follows:
Part 1. Section 78-1-13-a of the code is amended to read.
78-1. Definitions.
13. DANGEROUS ANIMAL means: a-1. Any animal which, when unprovoked, bites or otherwise inflicts bodily harm on a person, domestic pet or animal on public or private property.
a-2. Any animal which chases or approaches a person in a menacing fashion or apparent attitude of attack without provocation upon the streets, sidewalks or any public grounds or on private property without the permission of the owner or person in lawful control of the property.
a-3. [[An animal with a known propensity, tendency or disposition to attack, to cause injury to, or to otherwise threaten the safety of humans or other domestic pets or animals]] >> Any animal that demonstrates a documented pattern of aggressive behavior toward persons, domestic pets, or other animals that creates a reasonable concern for public safety.<<
Part 2. Section 78-1-16.5 of the code is created to read:
16.5. EXOTIC ANIMAL means any live animal that is not normally domesticated in the United States and that poses a potential risk to public safety or animal welfare. a. The term includes, but is not limited to, any of the following:
a-1. Big cats, including lions, tigers, leopards, jaguars, cougars, cheetahs, and hybrids.
a-2. Bears.
a-3. Non-human primates.
a-4. Crocodilians, including alligators and crocodiles.
a-5. Venomous reptiles.
a-6. Constricting snakes, monitor lizards, snapping turtles, or other reptiles presenting safety or containment concerns.
a-7. Wolves, coyotes, foxes, and hybrids not otherwise permitted by state law.
b. An animal shall not be considered domesticated solely because it is trained, tame, accustomed to human interaction, privately owned, born in captivity, or claimed to be a service animal or emotional support animal.
Part 3. Section 78-1-33 and 35 of the code is repealed.
Part 4. Section 78-5-1 of the code is amended to read:
78-5. Keeping of Animals Within City.
1. PERMITTED ANIMALS. No animal that is not a domesticated animal may be kept >> within the city << or brought into the city >>limits<< except as provided in [[this chapter or as otherwise authorized by the commissioner.]] >> s. 78-5.5. <<
Part 5. Section 78-5.5 of the code is created to read:
78-5.5 Exotic Animals.
1. PURPOSE. The purpose of this section is to protect public health, safety, and welfare by regulating the possession of exotic animals, which by their nature are unpredictable, may pose a danger to persons, property, and other animals, and are not suited for residential or urban environments.
2. PROHIBITED POSSESSION. Except as provided in sub. 3, no person may keep, harbor, possess, breed, sell, transfer, give away, otherwise transfer possession of, or exhibit an exotic animal within the city.
3. EXEMPTIONS. This section does not apply to any of the following:
a. Accredited zoological parks.
b. Veterinary hospitals or clinics providing temporary medical care.
c. Accredited educational or research institutions maintaining exotic animals for academic, scientific, or research purposes.
d. Government agencies acting within the scope of official duties.
e. Wildlife rehabilitators licensed by the state of Wisconsin.
f. A humane society, animal shelter, or animal welfare organization temporarily housing an exotic animal that has been surrendered, impounded, or otherwise received for protective custody, treatment, placement, or transfer, provided the animal is housed in a manner approved by the department.
g. Licensed or otherwise lawfully authorized circuses, exhibitions, educational programs, research programs, or similar special events that are limited in duration and conducted in compliance with all applicable federal, state, and local laws.
4. TEMPORARY TRANSPORT. Transportation of an exotic animal through the city is permitted provided that the animal remains confined in a secure enclosure at all times and is not kept within the city longer than reasonably necessary for transport.
5. SERVICE ANIMALS. Nothing in this section shall be interpreted to alter rights or obligations established under applicable federal or state law governing service animals. An animal shall not be exempt from this section solely because it is designated or claimed to be an emotional support animal.
6. LIABILITY. Any person possessing, transporting, or otherwise having custody of an exotic animal within the city shall be liable for all costs associated with the capture, containment, impoundment, veterinary care, relocation, or destruction of the animal if it escapes, is unlawfully possessed, or otherwise poses a threat to public safety.
7. SEIZURE AUTHORITY. An exotic animal possessed in violation of this section may be taken into custody by a humane officer or law enforcement officer pursuant to s. 173.13, Wis. Stats., and may be impounded in accordance with s. 78-21.
8. ANIMALS KEPT PRIOR TO EFFECTIVE DATE. A person who lawfully possesses an exotic animal prior to the effective date of this section may continue to possess the animal for the remainder of the animal’s natural life provided that all of the following conditions are met:
a. The animal is registered with the department within 60 days after the effective date of this section.
b. The owner demonstrates containment measures sufficient to prevent escape and protect public safety.
c. The animal is not bred, sold, transferred, or replaced within the city.
d. An exotic animal lawfully possessed prior to the effective date of this section may not be transferred except to a person or entity located outside the city and only with prior written approval of the department.
e. As a condition of approval, the owner shall provide the name and address of the proposed receiving person or entity and any other information required by the department to verify that the transfer is lawful and that the animal will be kept in compliance with applicable law.
f. The department may require proof that the receiving jurisdiction or receiving entity has been notified or has accepted the animal.
9. PUBLIC NUISANCE. Any exotic animal kept, harbored, possessed, or maintained in violation of this section is declared to be a public nuisance and may be subject to enforcement action, including seizure and impoundment.
10. ADMINISTRATION. The department may establish procedures for interdepartmental coordination, training, emergency response, temporary holding, and disposition of exotic animals seized or surrendered under this section.
11. PENALTIES. Violations of this section are subject to the penalties provided in s. 78-55-6.
Part 6. Section 78-22 of the code is repealed.
Part 7. Section 78-23-1-a and b of the code is amended to read:
78-23. Harboring Dangerous Animals.
1. DANGEROUS ANIMALS REGULATED. a. No person may harbor or keep a dangerous animal within the city unless all provisions of this section are complied with.
Any animal that is determined to be a prohibited dangerous animal under s. 78-25-2 shall not be kept or harbored in the city >>except as permitted during a compliance period established under s. 78-25.<<
b. The commissioner may determine an animal to be a dangerous animal whenever the commissioner finds that an animal meets the definition of a dangerous animal in s. 78-1-13. >> A determination that an animal is dangerous shall be based on one or more documented incidents demonstrating aggressive behavior or other conduct creating a reasonable concern for public safety.<<
Part 8. Section 78-23-6.5 of the code is created to read:
6.5. BEHAVIORAL MANAGEMENT PLAN. Within 30 days after an animal has been designated a dangerous animal, the owner or caretaker shall submit to the department a proposed behavioral management plan designed to minimize risks to public safety and prevent future dangerous behavior. The plan shall be in a form approved by the department and may include requirements relating to confinement, handling, supervision, transportation, veterinary care, behavioral support, exercise, enrichment, emergency procedures, and other measures reasonably necessary to protect public safety. The department may approve the plan, deny the plan with directions for revision, or require modifications to the plan as a condition of approval. The owner or caretaker shall comply with the plan as approved by the department and shall provide documentation demonstrating ongoing compliance upon request of the department. The department may require revisions to an approved plan if circumstances materially change or if additional measures are reasonably necessary to protect public safety. Failure to submit a proposed plan, obtain approval of a required plan, or comply with an approved plan shall constitute a violation of this section.
Part 9. Section 78-23-9 of the code is amended to read:
9. DECLARATION AND ORDER. Upon investigation, a department 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. >> The department may, in the written order, impose additional corrective measures reasonably necessary to protect public safety. <<
Part 10. 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 issued under sub. 9 declaring an animal to be dangerous, the owner or caretaker shall, within 72 hours after receipt of the order, deliver to the department a written objection stating the grounds for the objection. The department shall conduct the appeal in accordance with the procedures established under s. 78-25-3.
Part 11. Section 78-23-10 of the code is repealed and recreated to read:
10. NOTIFICATION. a. The owner or caretaker of a dangerous animal shall notify the department or police department within 24 hours after any of the following occurs:
a-1. The animal is at large.
a-2. The animal is unconfined.
a-3. The animal attacks another animal.
a-4. The animal attacks a human being.
a-5. The animal dies.
a-6. The owner or caretaker intends to sell, transfer, give away, or otherwise convey ownership or possession of the animal.
b. The notice required under sub. a shall include information sufficient to identify the animal, the owner or caretaker, and the event requiring notification. If the notice is provided under sub. a-6, the owner or caretaker shall, before the transfer occurs, provide the department or police department with the name, address, and telephone number of the proposed new owner or caretaker and any information reasonably necessary to verify compliance with this chapter. If the proposed new owner or caretaker resides outside the city, or the animal will otherwise be kept outside the city, the owner or caretaker shall also provide evidence, before the transfer occurs, that the police department or other law enforcement agency having jurisdiction over the animal's new residence has been notified of the proposed transfer.
Part 12. Section 78-23-10.5 of the code is created:
10.5. TRANSFER RESTRICTIONS. No person may sell, transfer, give away, or otherwise transfer possession of an animal designated under this section unless the person has complied with sub. 10.
Part 13. Section 78-23-11 of the code is repealed and recreated to read:
11. EUTHANASIA. If the owner or caretaker of an animal designated as a dangerous animal is unwilling or unable to comply with the requirements of this section for keeping the animal, the owner or caretaker may cause the animal to be humanely euthanized by a licensed veterinarian, an animal shelter, or the humane society. The owner or caretaker shall notify the department or police department within 24 hours after the animal has been euthanized and shall, upon request, provide documentation identifying the animal and verifying the date and method of euthanasia.
Part 14. Section 78-23-11.5 and 11.7 of the code is created to read:
11.5. REVIEW OF DESIGNATION. a. The department may remove the dangerous animal designation of an animal upon written request of the owner or caretaker if the department determines that:
a-1. The owner or caretaker has demonstrated substantial and continuous compliance with all applicable requirements of this section for not less than one year.
a-2. The animal has not, during that compliance period, been at large, been unconfined, attacked a person or another animal, or otherwise exhibited behavior that would support designation as a dangerous animal.
a-3. The owner or caretaker has provided all information or documentation reasonably required by the department to evaluate the request.
a-4. Removal of the designation would not create an unreasonable risk to public safety.
b. A decision by the department under this subsection is discretionary. Nothing in this subsection limits the department's authority to declare or re-declare an animal dangerous or prohibited dangerous under this chapter based on new facts or subsequent conduct.
11.7. PUBLIC NUISANCE. Any animal kept in violation of this section is declared to be a public nuisance.
Part 15. Section 78-25 of the code is repealed and recreated to read:
78-25. Prohibited Dangerous Animals. 1. PROHIBITED DANGEROUS ANIMALS. No person may bring into, keep, or harbor a prohibited dangerous animal within the city except during a compliance period established under this section for the removal, surrender, or other lawful disposition of the animal.
2. DETERMINATION OF A PROHIBITED DANGEROUS ANIMAL. The commissioner may determine an animal to be a prohibited dangerous animal whenever the commissioner finds that the animal meets the definition of a prohibited dangerous animal in s. 78-1-34 or is a dangerous animal not being kept in compliance with any provision of s. 78-23.
3. DECLARATION AND APPEAL. a. Upon investigation, the department or a humane officer may issue a written order declaring an animal to be a prohibited dangerous animal. The order may also direct 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. 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.
c. 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.
d. 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.
e. Pending the outcome of the hearing, the animal shall be securely confined in a humane manner either on the premises of the owner or caretaker, if approved by the department, or with a licensed veterinarian, impound facility, or other location approved by the department. The commissioner may order impoundment of the animal pending the result of the hearing.
f. The owner or caretaker shall be notified in writing of the panel's determination. If a determination is made that the animal is a prohibited dangerous animal, the department, commissioner, or chief of police shall establish a compliance period during which the owner or caretaker shall comply with subs. 1, 3, and 4. The compliance period shall be set forth in writing and shall not exceed 30 days after the date of the determination.
g. If the owner or caretaker further contests the determination, he or she may, within 5 days of receiving the panel's decision, appeal the decision to the administrative review appeals board.
4. COMPLIANCE PERIOD. During the compliance period, the owner or caretaker shall comply with all of the following:
a. The animal shall remain securely confined at all times in a manner sufficient to prevent escape and protect public safety.
b. The animal shall not be taken off the premises except for veterinary care, surrender, lawful removal from the city, or as otherwise directed or approved by the department.
c. Whenever removal from confinement is necessary, the animal shall be restrained by leash and, if the animal is a dog or other animal that can practicably be muzzled, muzzled in a manner sufficient to prevent biting.
d. The owner or caretaker shall not sell, transfer, give away, or otherwise transfer possession to another person within the city.
e. The animal may be removed from the premises only as otherwise expressly authorized by state law or court order.
5. REMOVAL OR DISPOSITION. The owner or caretaker shall remove the prohibited dangerous animal from the city, surrender the animal to a person or entity authorized to lawfully possess it, or otherwise lawfully dispose of the animal within the time established under sub. 3-f. The department may require verification demonstrating compliance with this subsection, including from any receiving jurisdiction, receiving law enforcement agency, or receiving person or entity authorized to lawfully possess the animal.
6. DESTRUCTION. Any dog that has caused bodily harm to a person or persons on 2 separate occasions off the owner's or caretaker’s premises, without reasonable cause, may be destroyed as a result of judgment rendered by a court of competent jurisdiction, as specified under s. 174.02(3), Wis. Stats. The city attorney may petition an appropriate court to obtain a court order to destroy such a dog.
7. ENFORCEMENT. The department and police department may make whatever inquiry is deemed necessary to ensure compliance with this section. Animals regulated under this section may be impounded in accordance with s. 78-21. Nothing in this section limits the authority of the department under s. 78-5-4 or other applicable law to confiscate, remove, house, handle, or humanely dispose of animals when authorized.
8. PUBLIC NUISANCE. Any prohibited dangerous animal kept or harbored in violation of this section is declared to be a public nuisance.
9. WAIVER. The commissioner may waive one or more procedural or confinement-related requirements of this section for a law enforcement or military animal upon presentation by the animal's owner or handler of a satisfactory arrangement for safe keeping of the animal. No waiver may authorize the keeping of an animal in a manner that creates an unreasonable threat to public safety.
Part 16. 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 F
78-5-4 Class F
>>78-5.5 Class F<<
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
>>78-23-10.5 Class I<<
78-25-1 Class K
78-25-2 to >>78-25-5<< 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 30, 2026
_________________
Attorney
IT IS OUR OPINION THAT THE ORDINANCE
IS LEGAL AND ENFORCEABLE
____________________________
Office of the City Attorney
Date: ______________________
Requestor
Department of Neighborhood Services
Drafter
LRB18428-1
Addis Zewdie
06/30/2026