Definitions Of 'Dangerous' And 'Vicious' Dog May Change In Wauwatosa

WAUWATOSA, WI —

The Community Affairs Committee unanimously approved changes to language in the Municipal Code of Ordinances about dangerous and vicious dogs. Full Common Council will now review the changes.

Currently, the Municipal Code defines a "dangerous dog" as an unattended or unrestrained dog who, "in a dangerous or terrorizing manner, approaches any person in an apparent attitude of attack;" a dog "which has a trait or characteristic and a generally known reputation for dangerousness or unprovoked attacks upon human beings or domestic animals.; or a dog "with a known propensity or tendency to bite, attack, cause injury or otherwise endanger the safety of a human being or domestic animal."

The definition of "vicious dog" in the Municipal Code uses similar language. Alderperson Jason Wilke said that under the current ordinance, someone could think a dog is dangerous and/or vicious without reason.

"That first definition there does kind of leave it open to someone who maybe just doesn't like that dog, or doesn't understand that dog," said Wilke, who represents District 8.

Alderperson Nancy Welch, who represents District 3, said she was concerned people might think a dog who is barking in greeting or showing its teeth in a "submissive grin" might be dangerous or vicious.

"I've had people who are afraid of dogs, and a dog barking at them is enough for them to believe they have been threatened," she said. "So it is a concern."

A representative from the City Attorney's Office said the office spends "a fair amount of time" explaining to residents what a dangerous or vicious dog actually is.

The proposed new definitions are as follows:

"Dangerous dog" means any individual dog which fits into any one of the following categories:

1. Any dog which behaves in a manner that a reasonable person would believe poses a serious and unjustified imminent threat of great bodily harm or death to a person or domestic animal.
2. A dog that, without justification, bites a person or domestic animal and does not cause great bodily harm.
3. Any dog that has been declared dangerous by any agency or department of another municipality, county or state.
4. Exceptions. No dog shall be deemed "dangerous" based solely upon attacking or menacing any person or domestic animal in order to:
   1. Defend its owner, caretaker, or another person or animal, its young or its food, from a trespasser or an attack by a person or animal,
   2. Defend itself against any person, animal or trespasser that has provoked, tormented or abused it, or
   3. If it is a professionally trained dog for law enforcement or guard duties, acting in the capacity for which it was trained.

"Vicious dog" means any individual dog which fits into any one of the following categories:

1. Any dog which, without justification, bites or attacks a person or domestic animal and causes great bodily harm or death.
2. Any individual dog which has been previously found to be a "dangerous dog", or has a known history of bites and/or attacks and engages in behavior defined as a “dangerous dog”, or
3. Any individual dog that has been declared vicious by any agency or department of another municipality, county or state.
4. Exceptions. No dog shall be deemed "vicious" based solely upon biting, attacking, or menacing any person or domestic animal in order to:
   1. Defend its owner, caretaker, or another person or animal, its young or its food, from a trespasser or an attack by a person or animal,
   2. Defend itself against any person, animal or trespasser that has provoked, tormented or abused it, or
   3. If it is a professionally trained dog for law enforcement or guard duties, acting in the capacity for which it was trained.