§ 78-25 — Prohibited Dangerous Animals

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.