9.60 Vicious, dangerous animals (8/7/01).
(1) AUTHORITY. This ordinance is adopted pursuant to the authority granted by the Wisconsin Statues, but not limited to 59.54(20).
(2) PURPOSE. It is the finding of the Kenosha County Board of Supervisors that the regulation of vicious and dangerous animals is necessary for the safety, health, life, and general welfare of the inhabitants of the County of Kenosha, and that keeping a vicious or dangerous animal that has caused serious injury or death to any person, without cause, in accordance with the terms of this ordinance, shall be prohibited.
(3) INTENT. It is the intent of the Kenosha County Board of Supervisors to prohibit the harboring of vicious or dangerous animals in the County, and outside the jurisdiction of a regulating City or Town with a similar applicable ordinance.
(4) VICIOUS AND DANGEROUS ANIMALS ARE PROHIBITED. It is unlawful to keep any animal in this jurisdiction that is a vicious or dangerous animal, or is kept for the purpose of animal fighting:
(a) Any animal that has attacked and bitten, causing serious bodily injury or death to a person without cause, provocation, or justification, on public or private property is a vicious or dangerous animal;
(b) “Serious Bodily Injury” is defined as bodily injury that creates a substantial risk of death, or that causes serious permanent disfigurement, or that causes a permanent or protracted loss or impairment of the function of any bodily member or organ or other serious bodily injury;
(c) “Provocation” is defined as teasing, taunting, tormenting, abusing or assaulting the animal;
(d) Cause or justification may exist if the animal were protecting a person or property against crime, assault, theft, trespass on land, or dwelling of another,
(5) The “dangerous” or “vicious” animal that has attacked a person causing serious injury or death shall be impounded pending hearing and subject to penalty.
(6) The Court hearing such matters will make a determination whether the animal is a vicious or dangerous animal at a mandatory court appearance or whether the animal’s actions are excused based upon the above.
(7) If the Court finds that the animal is a vicious or dangerous animal within the meaning of this ordinance, then it shall order the animal destroyed in a humane manner, or removed from the jurisdiction.
(8) The owner or responsible party may be ordered to reimburse the county for all costs incurred by the county pursuant to this matter and during the animal’s impoundment, including veterinary costs, and expenses.
(9) PENALTIES. Any person who fails to comply with the provisions of this ordinance shall, upon conviction thereof, forfeit not less than one hundred dollars ($100.00) or more than two hundred fifty dollars ($250.00) and the cost of prosecution for each violation including court costs and reasonable attorney fees. Each day a violation exists or continues shall constitute a separate offense; the court may impose a daily forfeiture of no more than $100.00 per day in the event of non-compliance. [Code § 9.19, 2018.]