ORDINANCE 86 – 1

The Town Board of the Town of Sun Prairie, Dane County, Wisconsin, does ordain as follows:

Section 1. It shall be unlawful for any person in the Town of Sun Prairie to own, harbor, or keep any dog more than five months of age without complying with the provisions of Section 174.01 through Section 174.09 of the Wisconsin Statutes relation to the licensing and tagging of dogs.

Section 2. Definitions

(a) “Owner” shall mean any person owning, harboring or keeping a dog and the occupant of any premises on which a dog remains or to which it customarily returns daily

for a period of ten days, is presumed to be harboring or keeping the dog within the meaning of this section.

(b) “At large” means to be off the premises of the owner and not under the control of some person either by leash or other physical means of restraining a dog, but a dog within an automobile of its owner or in an automobile of any person with the consent of the dog’s owner shall be deemed to be upon the owners premises.

Section 3. Restrictions on Keeping Dogs.

It shall be unlawful for any person within the Town of Sun Prairie to own, harbor or keep any dog which:

(a) Habitually pursues any vehicle upon any public street or highway in the Town.

(b) Assaults or attacks any person.

(c) Is at large within the Town of Sun Prairie.

(d) Habitually barks or howls to the reasonable annoyance of any person or persons.

(e) Kills, wounds or worries any domestic animal or fowl.

(f) Is known by such person to be infected with rabies or to been bitten by an animal know to have been infected with rabies.

(g) An owner who fails to have a dog vaccinated against rabies 30 days after the dog reaches four months of age. Wisconsin Statute 95.21

Section 4. Duty of Owner in Case Dog Bites.

Any person owning, harboring or keeping any dog which has bitten any person or has, or is suspected of rabies shall immediately deliver and surrender said dog to a Wisconsin licensed Veterinarian and shall notify the Dane County Humane Society Officer, the Sheriff’s Department, or a Local Law Enforcement Officer, of the reason which led him to surrender the dog to the veterinarian. Any person who has knowledge that any dog has rabies or has bitten a person shall immediately notify the owner, harborer or keeper of said dog, if known, of the facts which formed his belief the dog has rabies or of the identity of the person bitten and the place, time and circumstances surround the biting and shall immediately notify the Humane Society Officer, Sheriff’s Department or Local Law Enforcement Officer of the description of the dog involved, the owner, harborer or keeper , if known and the facts which formed his belief that the dog has rabies or the identity of the person bitten and the place, time and circumstances surround the biting. It shall be the duty of the Dane County Humane Society Officer or any Law Enforcement Officer to seize any dog which has bitten a person or which has contacted rabies, and deliver the same to any Wisconsin licensed veterinarian for a ten day observation period, it:

1. The said dog is not being owned, harbored or kept by any person.

2. The person owning, harboring or keeping said dog does not act as required in Section 4.

Upon delivery of any such dog to a veterinarian, said Vet shall:

(1) Impound the dog for ten days for observation

(2) Examine the dog for rabies

(3) Destroy the dog in a humane manner if the dog is infected with rabies

(4) Return the dog to the person owning, harboring or keeping same, if the dog is not infected with rabies

(5) Be entitled to a reasonable fee in the amount normally charged for boarding a dog, and an additional reasonable fee for the destruction/disposal of dog, if the dog must be destroyed and disposed of.

(a) Such fees shall be paid by the person owning, harboring or keeping the dog.

(b) In the event the owner is not known, such fees shall be paid by Dane County.

(6) Send a written report of his findings to the Dane County Humane Society Officer and the person owning, harboring or keeping the dog or the Officer who seized the dog.

(7) Turn over to the Dane County Humane Society any

dog not claimed within 5 days after submitting the

written report.

Section 5. Impounding or Destruction of Dog.

In addition to any penalty herein after provided for a violation of this ordinance, any police officer of the Town may impound any dog or may destroy any dog which habitually pursues any vehicle upon any public street or highway of the Town or assaults or attacks any person, or kills or wounds any domestic animal or is infected with rabies, or is at large within the Town of Sun Prairie. Possession of dogs impound under this Section may be obtained by paying $120.00 to the Town Treasurer plus the cost of keeping said dog. Dogs impounded for a period of 5 working days and not claimed, may be turned over to the Dane County Humane Society.

Section 6. Penalty.

State Statutes 174.15 Any person who violates this chapter shall be fined not more than $500.00 or imprisoned up to 60 days or both, together with costs of prosecution and in default of payment of such forfeiture and costs of prosecution shall be imprisoned in the County jail until such costs and forfeitures are paid, for each violation and each day a violation continues or occurs shall constitute a separate offense.

Section 7. This ordinance shall take effect upon passage and posting as provided by law.

Adopted 6th day of February, 1986