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HomeMy WebLinkAboutOrdinance 2024 (938)ST. CROI�°,�- ��� TY Ordinance No. 938 (2024) �_,__ _ :QfIs1J1 ORDINANCE REPEALING AND RECREATING CHAPTER 53 — DOGS (LICENSING AND CONTROL) — OF THE ST. CROIX COUNTY CODE OF ORDINANCES 1 The County Board of Supervisors of the County of St. Croix does ordain as follows: 2 3 Chapter 53 of the St. Croix County Code of Ordinances is repealed and recreated to read: 4 5 53.01 PURPOSE. The purpose of this Chapter is to establish the licensing, control, and rabies 6 vaccination requirements for dogs located within St. Croix County consistent with state law. 7 8 53.02 DEFINITIONS. As used in this Chapter, unless the context indicates otherwise: 9 10 (A) "Collar" means a band, strip or chain placed around the neck of a dog. 11 12 (B) "Collecting official" is any city, village, or town treasurer, or any person deputized by the 13 treasurer, to collect dog license taxes. 14 15 (C) "County" means St. Croix County. 16 17 (D) "Domestic animal" includes livestock, dogs, and cats. 18 19 (E) "Listing official" means the municipal clerk in a city or village who keeps documentation and 20 lists each dog maintained in the assessment district. In a town, the town board shall designate 21 a person to be the listing official. 22 23 (F) "Livestock" means any horse, bovine, sheep, goat, pig, domestic rabbit, or domestic fowl, 24 including game fowl raised in captivity. 25 26 (G) "Officer" means a peace officer, local health officer, humane officer, warden, or an employee 27 designated by the governing body of this County or of any city, village, or town within St. 28 Croix County. 29 30 (H) "Owner" includes any person who owns, harbors, or keeps a dog. 31 32 (I) "Veterinarian" means a practitioner of veterinary medicine who is duly licensed by the 33 examining board. 34 35 (J) "Veterinary technician" means a person duly certified by the examining board to work under 36 the direct supervision of a licensed veterinarian. 37 38 53.03 AUTHORITY. This Chapter is enacted under the authority granted to the County, pursuant 39 to Wis. Stat. § 95.21 and Ch. 174. 40 41 53.04 DOG LICENSING. 42 ST. CR0hK, �'� NTY Ordinance No. 938 (2024) GSCO SM, ORDINANCE REPEALING AND RECREATING CHAPTER 53 — DOGS (LICENSING AND CONTROL) — OF THE ST. CROIX COUNTY CODE OF ORDINANCES 43 (A) The owner of a dog more than five (5) months of age on January 1 of any year, or five (5) 44 months of age within the license year, shall annually pay the dog license tax and obtain a 45 license. The owner shall state at the time application is made for such license their name, 46 address, and the name, breed, color, and sex of each dog owned or kept by him. Further, the 47 owner shall present evidence that the dog(s) is/are currently immunized against rabies. 48 49 (B) The license year commences on January 1 and ends on the following December 31. 50 51 (C) Dog licenses shall be issued by the appropriate municipality or township officer. Payment 52 shall be made of a dog license tax of not less than $3.00 for a neutered male dog or spayed 53 female dog, upon presentation of evidence that the dog is neutered or spayed; and not less 54 than $8.00 for an unneutered male dog or unspayed female dog. 55 56 (D) Any person who keeps more than one dog may, instead of the license tax for each dog required 57 by this Chapter, apply to the collecting official for a multiple dog license for the keeping of 58 the dogs. Such person shall pay for the license year a license tax of $35.00 for 12 or fewer 59 dogs and an additional $3.00 for each dog in excess of 12. Upon payment of the required 60 multiple dog license tax and upon presentation of evidence that all dogs over five (5) months 61 of age are currently immunized against rabies, the collecting official shall issue the multiple 62 dog license and a number of tags equal to the number of dogs authorized to be kept by the 63 person. 64 65 (E) Every collecting official shall pay all dog license taxes collected above annually to the County 66 Clerk by December 31'. At the same time, the collecting official shall report in writing to the 67 clerk the licenses that have been issued. The collecting official may retain 25 cents for each 68 license issued as compensation for the service, if the collecting official is not a full-time, 69 salaried municipal employee. If the collecting official is a full-time, salaried municipal 70 employee, this compensation shall be paid into the treasury of the town, village, or city. 71 72 (F) Pursuant to Wis. Stat. § 174.054, there is an exemption for owners of dogs kept for educational 73 or scientific purposes. The dog tax license does not apply to a person who owns dogs that are 74 kept only for educational or scientific purposes. 75 76 (G) Pursuant to Wis. Stat. § 174.055, every dog that is a service animal is exempt from the dog 77 license tax and every person owning such a dog shall receive annually a free dog license from 78 the local collecting official upon application. 79 80 53.05 ISSUANCE OF LICENSES AND COLLAR TAGS. 81 82 (A) Upon proper and complete application as outlined above, the collecting official shall complete 83 and issue to the owner a license for the dog bearing a serial number, an expiration date, the 84 owner's name and address, and the name, sex, spayed or unspayed, neutered or unneutered, ST. CR0WK, " TY, Ordinance No. 938 (2024) GJ'CQ!'LSlfl ORDINANCE REPEALING AND RECREATING CHAPTER 53 - DOGS (LICENSING AND CONTROL) - OF THE ST. CROIX COUNTY CODE OF ORDINANCES 85 breed and color of the dog. The collecting official shall keep a duplicate copy of the license 86 on file. 87 88 (B) After issuing the license, the collecting official shall deliver to the owner a tag of durable 89 material bearing the same serial number as the license, the words "St. Croix County," and the 90 year in which it was issued. Licenses and tags shall be applied for annually by the owner. 91 Every owner shall be required to provide each dog with a collar to which the license tag must 92 be affixed and shall see that the collar and tag are constantly worn. 93 94 (C) In case a dog tag is lost or destroyed, a duplicate will be issued by the collecting official upon 95 presentation of a receipt showing the payment of the license fee for the current year. The 96 collecting official may charge a fee for the duplicate dog tag. 97 98 (D) Dog tags shall not be transferable from one dog to another, and no refunds shall be made on 99 any dog license fee because of death of the dog or if the owner leaves the County before 100 expiration of the license period. 101 102 (E) The collecting official shall annually by December 31 return to the County Clerk all unused 103 tags of the current license year, together with license books and all duplicate licenses of the 104 current year. The County Clerk shall charge each collecting official with all tags and license 105 forms furnished or delivered and credit those returned. 106 107 53.06 LISTING OF DOGS. 108 109 (A) Every town, village and city shall annually, by September 1, ascertain by diligent inquiry the 110 dogs owned or kept within the assessment district. 111 112 (B) A listing official who is not a full-time, salaried municipal employee shall receive as 113 compensation 50 cents for each dog listed. A listing official who is a full-time, salaried 114 municipal employee shall be required to pay the compensation into the town, village, or city 115 treasury. 116 117 (C) Every person shall answer frankly and fully all questions asked by the listing official relative 118 to the ownership or keeping of dogs within the assessment district. 119 120 (D) The listing official shall enter in the records for personal property assessments, or in a separate 121 record, all dogs in the district subject to the tax, to whom they are assessed, the name, number, 122 sex, spayed or unspayed, neutered or unneutered, breed and color of each dog. 123 124 (E) The listing official shall, by September 15, deliver one copy of the list to the County Clerk 125 and retain one copy for their files. 126 127 ST. CROI�X 19 NTY Ordinance No. 938 (2024) PISWASU ORDINANCE REPEALING AND RECREATING CHAPTER 53 - DOGS (LICENSING AND CONTROL) - OF THE ST. CROIX COUNTY CODE OF ORDINANCES 128 53.07 CLAIMS FOR DAMAGES BY DOGS TO DOMESTIC ANIMALS. 129 130 (A) The owner of any domestic animal, which is attacked, chased, injured, or killed by a dog, must 131 within three (3) days after the owner has knowledge thereof file a Claim for Damage by 132 Animals report with the clerk of the town, village, or city, or town chairperson or village 133 president where the damage occurred. 134 135 (B) Within thirty (30) days of filing the claim, the governing body must investigate the claim and 136 may subpoena witnesses, administer oaths, and take testimony relative to the claim. The 137 governing body shall certify and return to the County Clerk the claim, a report of investigation, 138 and the amount of damages suffered by the owner of the domestic animal(s). It is the 139 responsibility of the governing body of the town, village, or city to state the fair and reasonable 140 market value of said animals and indicate such on the Affidavit of Investigating Committee. 141 A claim shall include the estimated monetary damage for any and all animals injured or killed 142 by a dog or dogs per incident. 143 144 (C) The County Clerk will submit the completed Claim for Damage by Animals and Affidavit of 145 Investigating Committee to the County Administrator for review. The County Administrator, 146 after review of the documents, will then complete an Approval of Owner's Claim for Damages 147 to Animals. The County will pay the fair market value of the animals or the actual damages, 148 whichever is less. 149 150 (D) On appeal from the action of the County Administrator, the trial shall be by the court without 151 a jury, pursuant to Wis. Stat. § 174.11(2)(d). 152 153 (E) The claims shall be solely against the dog license fund and shall create no other liability on 154 the part of the County. 155 156 53.08 DOG LICENSE FUND. 157 158 (A) The dog license taxes so paid to the County Treasurer shall be kept in a separate account and 159 shall be known as the "dog license fund." 160 161 (B) In accordance with Wis. Stat. § 174.09, expenses necessarily incurred by the County in 162 purchasing and providing books, forms, and other supplies required in administering the 163 dog license law and expenses incurred by the county under Wis. Stat. §§ 95.21(4)(b) and 164 (8) may be paid out of the dog license fund. The amount remaining in the fund after 165 deducting these expenses shall be available for and may be used for paying claims allowed 166 by the County to the owners of domestic animals due to damages done by dogs during the 167 license year for which the taxes were paid. Any surplus in excess of $1,000 which may 168 remain from the dog license taxes of any license year shall on March 1 of the succeeding 169 year be paid by the County Treasurer to the towns, villages, and cities of the county for ST. C ROITY, Ordinance No. 938 (2024) I.SCQf2�1/t ORDINANCE REPEALING AND RECREATING CHAPTER 53 - DOGS (LICENSING AND CONTROL) - OF THE ST. CROIX COUNTY CODE OF ORDINANCES 170 their use in the proportion in which the towns, villages, and cities contributed to the fund 171 out of which the surplus arises. 172 173 (C) Pursuant to Wis. Stat. § 174.11(5), the County limits the maximum amount of any claim 174 brought under Wis. Stat. § 174.11 to $1,000.00. A claim shall be defined as any single 175 occurrence in which an animal or animals are killed or injured by any single dog or group of 176 dogs. 177 178 (D) The Corporation Counsel may file an action, pursuant to Wis. Stat. § 174.12, to sue and 179 recover from the owner of the dog or dogs doing the damage the full amount paid out of the 180 dog license fund to an owner whose domestic animals were attacked, chased, injured, or killed 181 by a dog(s). 182 183 53.09 DOGS RUNNING AT LARGE AND UNTAGGED DOGS PROHIBITED. 184 185 (A) A dog is considered to be running at large if it is off the premises of its owner and not under 186 the control of the owner or some other person. 187 188 (B) A dog that is actively engaged in a legal hunting activity, including training, is not considered 189 to be running at large if the dog is monitored or supervised by a person and the dog is on land 190 that is open to hunting or on land on which the person has obtained permission to hunt or train 191 a dog. 192 193 (C) A dog is considered to be untagged if a valid license tag is not attached to a collar which is 194 kept on the dog whenever the dog is outdoors unless the dog is securely confined in a fenced 195 area. 196 197 (D) Any dog running at large or untagged is subject to impoundment. An officer shall attempt to 198 capture and restrain any dog running at large and any untagged dog. 199 200 (E) Under this section, if the owner of a dog negligently or otherwise permits the dog to run at 201 large or be untagged, the owner shall forfeit not less than $25 nor more than $100 for the first 202 offense and not less than $50 nor more than $200 for subsequent offenses. 203 204 53.10 RABIES VACCINATION REQUIREMENT. 205 206 (A) The owner of a dog shall have the dog vaccinated against rabies by a veterinarian or a 207 veterinary technician at no later than five (5) months of age and revaccinated within one 208 year after the initial vaccination. The owner of a dog shall have the dog revaccinated against 209 rabies by a veterinarian veterinary technician before the date that the immunization expires 210 as stated on the certificate of vaccination or, if no date is specified, within three (3) years 211 after the previous vaccination. ST. CROI�s Ordinance No. 938 (2024) .TY, � l�CQf2�-ffZ ORDINANCE REPEALING AND RECREATING CHAPTER 53 - DOGS (LICENSING AND CONTROL) - OF THE ST. CROIX COUNTY CODE OF ORDINANCES 212 (B) The person who administers the vaccine shall complete and issue to the owner a certificate 213 of rabies vaccination bearing a serial number and in the form approved by the department 214 stating the owner's name and address, the name, sex, spayed or unspayed, neutered or 215 unneutered, breed and color of the dog, the date of the vaccination, the type of rabies 216 vaccine administered and the manufacturer's serial number, the date that the immunization 217 expires as specified for that type of vaccine by the center for disease control of the U.S. 218 department of health and human services and the city, village or town where the dog is 219 required to be licensed. 220 221 (C) The veterinarian shall keep a copy of each certificate of rabies vaccination in a file 222 maintained for this purpose until the date that the immunization expires or until the dog is 223 revaccinated whichever occurs first. 224 225 (D) After issuing the certificate of rabies vaccination, the person who administers the vaccine 226 shall deliver to the owner a rabies vaccination tag of durable material bearing the same 227 serial number as the certificate, the year the vaccination was given and the name, address, 228 and telephone number of the supervising veterinarian. 229 230 (E) The owner shall attach the rabies vaccination tag or a substitute tag to a collar and a collar 231 with the tag attached shall be kept on the dog at all times but this requirement does not 232 apply to a dog during competition or training, to a dog while hunting, to a dog securely 233 confined indoors, to a dog securely confined in a fenced area or to a dog while actively 234 involved in herding or controlling livestock if the dog is under the control of its owner. 235 236 53.11 AMENDMENTS TO CHAPTER. Any future amendments, revisions, or modifications of 237 Wis. Stat. § 95.21 and/or Ch. 174 incorporated herein are intended to be made part of this Chapter as 238 such amendments, revisions, or modifications are made to said statutes. 239 240 53.12 EFFECTIVE DATE. This Chapter shall take effect on January 1, 2025, and be in force after 241 its proper passage and publication pursuant to Wisconsin law. Administration Committee Recommended 5-0 MOVER: Bob Long SECONDER: Bob Feidler AYES: Paul Berning, Scott Counter, Bob Feidler, Bob Long, Ryan Sherley EXCUSED: None ST. CR0INK Lj,NTY Ordinance No. 938 (2024) ORDINANCE REPEALING AND RECREATING CHAPTER 53 - DOGS (LICENSING AND CONTROL) - OF THE ST. CROIX COUNTY CODE OF ORDINANCES St. Croix County Board of Supervisors Action: This Ordinance was ENACTED by the St. Croix County Board of Supervisors on: 66-ubtr 11 Bob Long, County koard air LLAw�L -P UYl .41 Christine Hines, County Clerk