ORDINANCE # O23-4303 AN ORDINANCE INTROD

ORDINANCE # O23-4303 AN ORDINANCE INTRODUCED BY THE PUBLIC SAFETY COMMITTEE AMENDING CHAPTER 22, ARTICLE I, ANIMALS. The Common Council of the City of Superior, Wisconsin does ordain as follows: SECTION 1. Chapter 22, Article I, Animals is amended as follows: Sec. 22-1. – Definitions The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Animal shall mean all living creatures, not human, endowed with sensation and power of voluntary movement, including mammals, birds, amphibians, and reptiles. At large means off the premises of the owner and not under the immediate control of the owner or some other person. Cruelty or torture means any act, omission or neglect that inflicts, causes or permits unnecessary or unjustifiable physical pain or suffering and/or results in the injury or death to the animal. Dangerous dog means a dog that has been declared to be dangerous by the humane officer because it has, without provocation killed or inflicted great bodily harm on a human being or a domestic animal on public or private property; or has aggressively bitten, attacked or endangered the safety of a human or domestic animal after the dog has been declared a potentially dangerous dog and the owner has received notice of such. Domestic animal means an animal of a species which is generally bred or kept by human beings and which does not generally exist untamed and in the wild. Hearing officer means the chief of police, or his or her designee. Humane officer means the person designated by the mayor, and consented to by the common council, to handle those duties delegated to a humane officer under Wis. Stats. ch. 173, and who has completed a course of training approved by the department of agriculture, trade and consumer protection or received certification by the department. Non-domestic and/or wild animal means any native or non-native animal of a species which is generally not bred or kept by human beings and which generally exists untamed and in the wild, or any animal that is wild, ferocious, or vicious by nature, habit, disposition or character. Owner means any person who owns, keeps, harbors or has custody of an animal or any person who resides with a person who owns, keeps, harbors or has custody of an animal. Any person who accepts from an owner temporary or permanent keeping or custody of an animal shall be considered an owner of the animal. Off leash Areas are defined as public property where people may responsibly exercise their dogs without leashes: (1) Superior Municipal Forest Areas a. Superior Dog Park - the fenced in area adjacent to parking lot located off North 28th Street at the Millennium Trailhead – year round b. On the Yellow and Red Trails when not snow covered (estimated to be April through November) c. McClure’s Landing – year round (2) Inside hockey rink boards at the following locations when the ground is dry and there is no ice (estimated to be April through November): a. Allouez Hockey Rink – 3631 East 2nd Street b. Carl Gullo – 510 26th Avenue East c. Pattison – 1016 Faxon Street d. Red Barn – 901 E 6th Street e. South End – 5902 Weeks Avenue f. Wade Bowl – 1228 Clough Avenue Potentially dangerous dog means a dog that has been declared a potentially dangerous dog by the humane officer because it has chased, approached, or bit a person, including a person on a bicycle, upon the streets, sidewalks or any private property, other than the dog owner’s property in an apparent attitude of attack, or who has a known propensity, tendency or disposition to attack unprovoked, cause injury or otherwise threaten the safety of humans or domestic animals. Public nuisance means any animal to which the following conditions apply: (1) Animals that are found on any property against the wishes of the owner or lawful occupant of the property; (2) An animal that damages or fouls the property of anyone other than its owner; (3) Animals that are dangerous or vicious animals; (4) Animals that cause unsanitary conditions of enclosures or surroundings; (5) Animals that are diseased animals dangerous to human health; (6) Animals that bark excessively or make prolonged and disturbing noises interfering with the peace and quietude of the neighboring property; or (7) Animals that have been determined to be strays. Public property includes all streets, sidewalks, boulevards, parks, beaches, and any public right-of-way. Stray means any unlicensed and unattended animal which appears to not have an owner. Superior Dog Park means the fenced in area adjacent to Municipal Forest parking lot located off of North 28th Street/Millennium Trailhead where people may responsibly exercise their dogs without leashes. Under restraint means an animal controlled: (1) Within the confines of owner’s property, by a fence, leash, tie out line, electric fence, or effective owner’s command; By a fence, leash, and/or its owner’s command within the confines of the owner’s property; or (2) By a leash while outside the owner’s property and under the control and direction of the owner or a responsible member of the immediate family, so as to be effectively restrained; or (3) Within a vehicle that is sufficiently enclosed so as to prevent the animal from exiting the vehicle. Unprovoked means that the victim has been conducting themselves peacefully and lawfully and has been bitten or chased in a menacing fashion or attacked by a dog. Unreasonably disturb the peace and quiet means generally, but is not limited to the creation of any noise by any animal which can be heard by any person, including a law enforcement officer or humane officer, from a location outside of the building or premises where the animal is being kept. SECTION 2. All ordinance and parts of ordinances in conflict herewith are hereby repealed. SECTION 3. If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid or unconstitutional by reason of any decision of any court of competent jurisdiction, such decision shall not affect the validity of any other section, subsection, sentence, clause or phrase or portion thereof. SECTION 4. This ordinance shall take effect and be in force from and after its passage and publication, as provided by law. Approved and adopted this 07th day of March, 2023. (March 17, 2023) WNAXLP 203618