WI-Pewaukee Village seeks data for vicious dog law

Village seeks data for vicious dog law

Local law may not be deterrent, attorney says

By Jim Stevens
Posted: Oct. 12, 2009

Village of Pewaukee — Some members of the Village Board are open to considering some type of vicious dog ordinance, though anything it will pass might not be much of a deterrent to keeping such an animal, according to the board’s attorney.

The move is in lieu of an April 8 attack by two pit bulls that bit a puppy and resulted in its owner being injured as well. The board directed the Police Department to provide an analysis of dog-related incidents and see whether there are any trends. Based on that information, the board will determine whether a new vicious dog ordinance should be enacted.

The owner of the puppy, Jennifer Scott, asked the board last month to consider adopting such an ordinance.

At the board’s Oct. 6 meeting, Village Administrator Scott Gosse reported there were three options the board could look at: a breed-specific ordinance that would prohibit certain breeds in the village, an ordinance that is based on repeated incidents by the same dog, and referring to state statutes, which the village currently does.

Gosse and several board members were opposed to a breed-specific ordinance. “I’m opposed to labeling a breed with a blanket application. It is not fair,” Gosse said.

Village Attorney Mark Blum said using state statues can lead to a court order process when there is a serious problem, and the dog can be seized and put down.

Creating an ordinance has its challenges, Blum said, but it has been done in other communities. South Milwaukee, Blum said, has a breed-specific ordinance that has been upheld in court. The city banned pit bulls.

Blum said the community, though, showed “they had a need.”

Gosse said he talked with the Police Department and learned have only been a few isolated incidents in the village with dogs over the last several years.

Trustees Paul Evert and Joseph Zompa said they did not see a need for another ordinance, while other trustees supported the Police Department providing an analysis.

Scott told the board she would not like to see a breed-specific type ordinance because it is the owners and how they train their dogs that create the problem.

“I truly believe it is the owner. I’m not against a specific breed,” Scott told the board.

Scott was walking her dog on Quinlan Drive when two pit bulls got through a fenced-in area and started biting her dog. Scott was knocked to the ground and injured her knee, which required several months of physical therapy.

Her dog underwent several surgeries, as the dogs bit the puppy in the scruff, behind the head and upper back areas, the police report said.

The dogs were owned by Jennifer Newman of 330 Quinlan Drive. One of the dogs, believed to be the instigator, was euthanized the next day.

Newman was cited for have dogs at-large because they were able to get through a hole in the fence, which carried a fine of $178.50, and having nonlicensed dogs, which carried a fine of $209.50, according to police.

Scott said she had been walking past the residence for five months and had not noticed the pit bulls before.

Blum said a municipality does not have the ability to seize an animal, saying only a circuit court judge has that authority. The village can only fine an individual, and he questioned how much a deterrent that would be.

Village President Jeff Knutson said there are civil consequences, as some insurance companies will not insure property with homeowners who have animals that have been involved in attacks.

Lt. Mark Flessert told the board there is no requirement to report to police a dog on dog attack, but only a bite to a person. Flessert said people should call the police if they see such problems.

http://www.livinglakecountry.com/lakecountryreporter/news/64002907.html


It looks like the Board is not leaning toward BSL. However, they may appreciate some non-breed-specific alternatives that will work for their community.


Scott Klein, Mayor
(262) 691-0770, mayor@pewaukee.wi.us


Alderpersons
Dale Noll
(262) 691-9819, dnoll@pewaukee.wi.us

Cheri Enters
(262) 695-5330, enters@pewaukee.wi.us

Michael Hasslinger
(262) 542-5855, mhasslinger@pewaukee.wi.us

H. Roger Hathaway
(262) 695-2181, rhathaway@pewaukee.wi.us