Harboring Dangerous Animals.
Milwaukee Code of Ordinances § 78-23
in effect78-23. 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.
c. The issuance of a citation for a violation of this section need not necessarily be predicated on a determination by the commissioner that an animal is a dangerous animal.
2. LEASH AND MUZZLE. No person owning, harboring or having the care of a dangerous animal may permit such animal to go outside its kennel or pen unless the animal is securely leashed with a leash no longer than 4 feet in length. No person may permit a dangerous animal to be kept on a chain, rope or other type of leash outside its kennel or pen unless a person who is 16 years of age or older, competent to govern the animal and capable of physically controlling and restraining the animal is in physical control of the leash. The animal may not be leashed to inanimate objects such as trees, posts and buildings. A dangerous animal on a leash outside the animal’s kennel shall be muzzled in a humane way by a muzzling device sufficient to prevent the animal from biting persons or other animals. A dangerous animal shall not be required to be muzzled upon prior written approval of the health department or when shown in a sanctioned American Kennel Club show. The written approval shall be carried by the owner or caretaker.
3. CONFINEMENT. a. Except when leashed and muzzled as provided in sub. 2, all dangerous animals shall be securely confined indoors or in a securely enclosed and locked pen or kennel that is located on the premises of the owner or caretaker and constructed in a manner that does not allow the animal to exit the pen or kennel on its own volition.
b. When constructed in an open yard, the pen or kennel shall, at a minimum, be constructed to conform to the requirements of this paragraph. The pen or kennel shall be child-proof from the outside and animal-proof from the inside. A strong metal double fence with adequate space between fences (at least 2 feet) shall be provided so that a child cannot reach into the animal enclosure. The pen, kennel or structure shall have secure sides and a secure top attached to all sides. A structure used to confine a dangerous animal shall be locked with a key or combination lock when the animal is within the structure. The structure shall either have a secure bottom or floor attached to the sides of the pen or the sides of the pen shall be embedded in the ground no less than 2 feet. All structures erected to house dangerous animals shall comply with all city zoning and building regulations. All structures shall be adequately lighted and ventilated and kept in a clean and sanitary condition.
4. CONFINEMENT INDOORS. No dangerous animal may be kept on a porch, patio or in any part of a house or structure on the premises of the owner or caretaker that would allow the animal to exit the building on its own volition. No dangerous animal may be kept in a house or structure when the windows are open or when screen windows or screen doors are the only obstacle preventing the animal from exiting the structure.
5. SIGNS. The owner or caretaker of a dangerous animal shall display, in prominent places on his or her premises near all entrances to the premises, signs in letters of not less than 2 inches high warning that there is a dangerous animal on the property. A similar sign is required to be posted on the kennel or pen of the animal. In addition, the owner or caretaker shall conspicuously display a sign with a symbol warning children of the presence of a dangerous animal.
6. SPAY AND NEUTER REQUIRE-MENT. Within 30 days after an animal has been designated dangerous, the owner or caretaker of the animal shall provide written proof from a licensed veterinarian that the animal has been spayed or neutered.
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.
7. LIABILITY INSURANCE. The owner or caretaker of a dangerous animal shall present to the department or police department proof that the owner or caretaker has procured liability insurance in an amount not less than $1,000,000 for any personal injuries inflicted by the dangerous animal. Whenever such a policy is cancelled or not renewed, the insurer shall so notify the department.
8. WAIVER BY COMMISSIONER. Upon request, the commissioner may waive any requirement specified in subs. 2 to 7 that the commissioner deems to be inappropriate for a particular dangerous animal.
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.
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.
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.
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.
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.
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.
12. WAIVER. The commissioner may waive the provisions of subs. 2 to 7 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.
Source: City of Milwaukee Legislative Reference Bureau, Milwaukee City Charter and Code of Ordinances (city.milwaukee.gov master PDFs)URL: https://city.milwaukee.gov/ImageLibrary/Groups/ccClerk/Ordinances/Volume-1/CH78.pdf#page=15Fetched: 10/26/2026