Chapter 6.05
LICENSING OF DOGS AND REGULATION OF ANIMALS
Sections:
6.05.010 Dog license required – Definitions.
6.05.020 Rabies vaccination required for license.
6.05.030 Issuance of dog and kennel licenses.
6.05.060 Restrictions on keeping of dogs, cats, fowl and other animals.
6.05.070 Impoundment of animals.
6.05.080 Dogs and cats restricted in cemeteries.
6.05.090 Duty of owner in case of dog or cat bite.
6.05.110 Injury to property by animals.
6.05.120 Barking dogs or crying cats.
6.05.130 Prohibited and protected animals.
6.05.140 Sale of artificially colored animals.
6.05.150 Providing proper food and drink to confined animals.
6.05.160 Providing proper shelter.
6.05.170 Neglected or abandoned animals.
6.05.180 Cruelty to animals and birds prohibited.
6.05.200 Limitation on number of dogs.
6.05.010 Dog license required – Definitions.
(a) License Required. It shall be unlawful for any person in the village of Arena to own, harbor or keep any dog more than five months of age after July 1st of the license year without complying with the provisions of this chapter relating to the listing, licensing and tagging of the same.
(b) Definitions. In this chapter, unless the context or subject matter otherwise requires:
“At large” means to be off the premises of the owner and not under the control of some person either by leash or otherwise, but a dog or cat within an automobile of its owner, or in an automobile of any other person with the consent of the owner of said dog or cat shall be deemed to be upon the owner’s premises.
“Cat” shall mean any feline, regardless of age or sex.
“Dog” shall mean any canine, regardless of age or sex.
“Neutered” as used herein as describing a dog or cat shall mean a dog or cat having nonfunctional generative organs.
“Owner” shall mean any person owning, harboring or keeping a dog or cat, and the occupant of any premises on which a dog or cat remains or to which it customarily returns daily for a period of 10 days is presumed to be harboring or keeping the dog or cat within the meaning of this section. [Prior code § 7-1-1].
State law reference: Sections 174.05 through 174.10, Wis. Stats.
6.05.020 Rabies vaccination required for license.
(a) Rabies Vaccination. The owner of a dog shall have the dog vaccinated against rabies by a veterinarian within 30 days after the dog reaches four months of age and revaccinated within one year after the initial vaccination. If the owner obtains the dog or brings the dog into the village of Arena after the dog has reached four months of age, the owner shall have the dog vaccinated against rabies within 30 days after the dog is obtained or brought into the village unless the dog has been vaccinated as evidenced by a current certificate of rabies vaccination from this state or another state. The owner of a dog shall have the dog revaccinated against rabies by a veterinarian before the date that the immunization expires as stated on the certificate of vaccination or, if no date is specified, within three years after the previous vaccination. The certificate of vaccination shall meet the requirements of Section 95.21(2), Wis. Stats.
(b) Issuance of Certificate of Rabies Vaccination. A veterinarian who vaccinates a dog against rabies shall complete and issue to the owner a certificate of rabies vaccination bearing a serial number and in the form approved by the department stating the owner’s name and address, the name, sex, spayed or unspayed, neutered or unneutered, breed and color of the dog, the date of the vaccination, the type of rabies vaccine administered and the manufacturer’s serial number, the date that the immunization expires as specified for that type of vaccine by the Centers for Disease Control of the U.S. Department of Health and Human Services and the village where the dog is required to be licensed.
(c) Copies of Certificate. The veterinarian shall keep a copy of each certificate of rabies vaccination in a file maintained for this purpose until the date that the immunization expires or until the dog is revaccinated, whichever occurs first.
(d) Rabies Vaccination Tag. After issuing the certificate of rabies vaccination, the veterinarian shall deliver to the owner a rabies vaccination tag of durable material bearing the same serial number as the certificate, the year the vaccination was given and the name, address and telephone number of the veterinarian.
(e) Tag to Be Attached. The owner shall attach the rabies vaccination tag or a substitute tag to a collar and a collar with the tag attached shall be kept on the dog at all times, but this requirement does not apply to a dog during competition or training, to a dog while hunting, to a dog securely confined indoors or to a dog securely confined in a fenced area. The substitute tag shall be of a durable material and contain the same information as the rabies vaccination tag. The requirements of this subsection do not apply to a dog which is not required to be vaccinated under subsection (a) of this section.
(f) Duplicate Tag. The veterinarian may furnish a new rabies vaccination tag with a new serial number to an owner in place of the original tag upon presentation of the certificate of rabies vaccination. The veterinarian shall then indicate the new tag number on the certificate and keep a record in the file.
(g) Cost. The owner shall pay the cost of the rabies vaccination and the cost associated with the issuance of a certificate of rabies vaccination and the delivery of a rabies vaccination tag. [Prior code § 7-1-2].
6.05.030 Issuance of dog and kennel licenses.
(a) Dog Licenses.
(1) It shall be unlawful for any person in the village to own, harbor or keep any dog more than five months of age without complying with the provisions of Sections 174.05 through 174.10, Wis. Stats., relating to the listing, licensing and tagging of the same.
(2) The owner of any dog more than five months of age on January 1st of any year, or five months of age within the license year, shall annually, or on or before the date the dog becomes five months of age, pay a license tax and obtain a license.
(3) The minimum license tax under this section shall be subject to the fees as set by Section 174.05(2), Wis. Stats., and the Iowa County Code of Ordinances. The current license tax under this section shall be determined by a majority vote of the village board as set by Section 174.05(3), Wis. Stats., and published in the village fee schedule. The license year shall commence January 1st and end December 31st.
(4) Upon payment of the required license tax and upon presentation of evidence that the dog is currently immunized against rabies, as required by AMC 6.05.020, the village clerk shall complete and issue to the owner a license for such dog containing all information required by state law. The village clerk shall also deliver to the owner, at the time of issuance of the license, a tag of durable material bearing the same serial number as the license, the name of the county in which issued and the license year.
(5) The owner shall securely attach the tag to a collar and the collar with the tag attached shall be kept on the dog for which the license is issued at all times.
(6) The fact that a dog is without a tag attached to the dog by means of a collar shall be presumptive evidence that the dog is unlicensed. Any law enforcement, animal control or humane officer shall seize, impound or restrain any dog for which a dog license is required which is found without such tag attached.
(7) Notwithstanding the foregoing, every dog specifically trained to lead blind or deaf persons is exempt from the dog license tax and every person owning such a dog shall receive annually a free dog license from the clerk upon application therefor.
(b) Kennel Licenses.
(1) Any person who keeps or operates a kennel may, instead of the license tax for each dog required by this chapter, apply for a kennel license for the keeping or operating of the kennel. Such kennel license under this section shall be subject to the fees as set by Section 174.05(2), Wis. Stats., and the Iowa County Code of Ordinances. The license year shall commence January 1st and end December 31st.
(2) The owner or keeper of a kennel shall keep at all times a kennel license tag attached to the collar of each dog over five months old kept by the owner or keeper under a kennel license but this requirement does not apply to a show dog during competition, to a dog securely confined indoors or to a dog securely confined in a fenced area. These tags may be transferred from one dog to another within the kennel whenever any dog is removed from the kennel. The rabies vaccination tag or substitute tag shall remain attached to the dog for which it is issued at all times but this requirement does not apply to a show dog during competition, to a dog securely confined indoors or to a dog securely confined in a fenced area. No dog bearing a kennel tag shall be permitted to stray or to be taken anywhere outside the limits of the kennel unless the dog is in leash or temporarily for the purposes of hunting, breeding, trial, training or competition.
(3) Kennel licenses may only be issued for premises that have first received a conditional use permit for kennel operation under the village zoning code. [Res. 06-02. Prior code § 7-1-3].
State law reference: Section 174.053, Wis. Stats.
6.05.040 Late fees.
The village clerk shall assess and collect a late fee of $5.00 from every owner of a dog five months of age or over, if the owner failed to obtain a license prior to April 1st of each year, or within 30 days of acquiring ownership of a licensable dog or if the owner failed to obtain a license on or before the dog reached licensable age. [Prior code § 7-1-4].
6.05.050 Rabies quarantine.
(a) Dogs and Cats Confined. If a district is quarantined for rabies, all dogs and cats within the village shall be kept securely confined, tied, leashed or muzzled. Any dog or cat not confined, tied, leashed or muzzled is declared a public nuisance and may be impounded. All officers shall cooperate in the enforcement of the quarantine. The village clerk shall promptly post, in at least three public places in the village, notices of quarantine furnished by the department for posting.
(b) Exemption of Vaccinated Dog or Cat from Village Quarantine. A dog or cat which is immunized currently against rabies, as evidenced by a valid certificate of rabies vaccination or other evidence, is exempt from the village quarantine provisions of subsection (a) of this section if a rabies vaccination tag or substitute tag is attached to the dog’s or cat’s collar.
(c) Quarantine or Sacrifice of an Animal Suspected of Biting a Person or Being Infected or Exposed to Rabies.
(1) Quarantine or Sacrifice of Dog or Cat. A law enforcement, animal control, humane or health officer shall order a dog or cat quarantined if such officer has reason to believe that the animal bit a person, is infected with rabies or has been in contact with a rabid animal. If a quarantine cannot be imposed because the dog or cat cannot be captured, the officer may kill the animal. The officer may kill a dog or cat only as a last resort or if the owner agrees. The officer shall attempt to kill the animal in a humane manner and in a manner which avoids damage to the animal’s head.
(2) Sacrifice of Other Animals. An officer may order killed or may kill an animal other than a dog or cat if the officer has reason to believe that the animal bit a person or is infected with rabies.
(d) Quarantine of Dog or Cat.
(1) Delivery to Isolation Facility or Quarantine on Premises of Owner. A law enforcement, animal control, humane or health officer who orders a dog or cat to be quarantined shall deliver the animal or shall order the animal delivered to an isolation facility as soon as possible but no later than 24 hours after the original order is issued or the officer may order the animal to be quarantined on the premises of the owner if the animal is immunized currently against rabies as evidenced by a valid certificate of rabies vaccination or other evidence.
(2) Health Risk to Humans. If a dog or cat is ordered to be quarantined because there is reason to believe that the animal bit a person, the custodian of an isolation facility or the owner shall keep the animal under strict isolation under the supervision of a veterinarian for at least 10 days after the incident occurred. In this subsection, “supervision of a veterinarian” includes, at a minimum, examination of the animal on the first day of isolation, on the last day of isolation and on one intervening day. If the observation period is not extended and if the veterinarian certifies that the dog or cat has not exhibited any signs of rabies, the animal may be released from quarantine at the end of the observation period.
(3) Risk to Animal Health.
a. If a dog or cat is ordered to be quarantined because there is reason to believe that the animal has been exposed to a rabid animal and if the dog or cat is not currently immunized against rabies, the custodian of an isolation facility or the owner shall keep the animal leashed or confined for 180 days. The owner shall have the animal vaccinated against rabies between 155 and 165 days after the exposure to a rabid animal.
b. If a dog or cat is ordered to be quarantined because there is reason to believe that the animal has been exposed to a rabid animal but if the dog or cat is immunized against rabies, the custodian of an isolation facility or the owner shall keep the animal leashed or confined for 60 days. The owner shall have the animal revaccinated against rabies as soon as possible after exposure to a rabid animal.
(4) Sacrifice of a Dog or Cat Exhibiting Symptoms of Rabies. If a veterinarian determines that a dog or cat exhibits symptoms of rabies during the original or extended observation period, the veterinarian shall notify the owner and the officer who ordered the animal quarantined and the officer or veterinarian shall kill the animal in a humane manner and in a manner which avoids damage to the animal’s head. If the dog or cat is suspected to have bitten a person, the veterinarian shall notify the person or the person’s physician.
(e) Delivery of Carcass – Preparation – Examination by Laboratory of Hygiene. An officer who kills an animal shall deliver the carcass to a veterinarian or local health department. The veterinarian or local health department shall prepare the carcass, properly prepare and package the head of the animal in a manner to minimize deterioration, arrange for delivery by the most expeditious means feasible of the head of the animal to the State Laboratory of Hygiene and dispose of or arrange for the disposal of the remainder of the carcass in a manner which minimizes the risk or exposure to any rabies virus. The Laboratory of Hygiene shall examine the specimen and determine if the animal was infected with rabies. The State Laboratory of Hygiene shall notify the department, the veterinarian or local health department which prepared the carcass and, if the animal is suspected to have bitten a person, that person or that person’s physician.
(f) Cooperation of Veterinarian. Any practicing veterinarian who is requested to be involved in the rabies control program by an officer is encouraged to cooperate in a professional capacity with the department, the Laboratory of Hygiene, the local health department, the officer involved and, if the animal is suspected to have bitten a person, the person’s physician.
(g) Responsibility for Quarantine and Laboratory Expenses. The owner of an animal is responsible for any expenses incurred in connection with keeping the animal in an isolation facility, supervision and examination of the animal by a veterinarian, preparation of the carcass for laboratory examination and the fee for the laboratory examination. If the owner is unknown, the county is responsible for these expenses. [Prior code § 7-1-5].
6.05.060 Restrictions on keeping of dogs, cats, fowl and other animals.
(a) Restrictions. It shall be unlawful for any person within the village to own, harbor or keep any dog or cat which:
(1) Habitually pursues any vehicle upon any public street, alley or highway in the village.
(2) Assaults or attacks any person or destroys property.
(3) Is at large within the limits of the village.
(4) Habitually barks or howls to the annoyance of any person or persons. (See AMC 6.05.120.)
(5) Kills, wounds or worries any domestic animal.
(6) Is known by such person to be infected with rabies or to have been bitten by an animal known to have been infected with rabies.
(7) In the case of a dog, is unlicensed.
(b) Dogs and Animals Off Premises.
(1) No dog shall be allowed off the premises of its owner unless the dog is on a leash that does not exceed eight feet held by a person competent to control the dog. For purposes of enforcing this section, a dog shall be deemed as being of a vicious disposition if, within any 12-month period, it bites two or more persons or inflicts serious injury to one person in unprovoked circumstances off the owner’s premises. Any dog which is found off the premises of its owner other than as hereinabove provided may be seized by any person, and upon delivery to the proper authorities, may, upon establishment to the satisfaction of a court of competent jurisdiction of the vicious character of said dog, by testimony under oath reduced to writing, be killed by law enforcement authorities.
(2) No person shall harbor or permit to remain on his premises any animal that is habitually inclined toward attacking persons or animals, destroying property, barking excessively or making excessive noises or running after automobiles.
(c) Animals Running at Large.
(1) No person having in his possession or ownership any animal or fowl shall allow the same to run at large within the village. The owner of any animal, whether licensed or unlicensed, shall keep his animal tied or enclosed in a proper enclosure so as not to allow said animal to interfere with the passing public or neighbors. Any animal running at large unlicensed and required by state law or village ordinance to be licensed shall be seized and impounded by a humane, animal control or law enforcement officer.
(2) A dog or cat shall not be considered to be running at large if it is on a leash and under control of a person physically able to control it.
(d) Owner’s Liability for Damage Caused By Dogs – Penalties. The provisions of Section 174.02, Wis. Stats., relating to the owner’s liability for damage caused by dogs together with the penalties therein set forth are hereby adopted and incorporated herein by reference. [Ord. dated 3/6/12 § 43. Prior code § 7-1-6].
6.05.070 Impoundment of animals.
(a) Impounding of Animals. In addition, any penalty hereinafter provided for a violation of this chapter, any law enforcement, animal control or humane officer may impound any dog, cat or other animal which habitually pursues any vehicle upon any street, alley or highway of this village, assaults or attacks any person, is at large within the village, habitually barks, cries or howls, kills, wounds or worries any domestic animal or is infected with rabies. In order for an animal to be impounded, the impounding officer must see or hear the violation of this section or have in his possession a signed statement of a complaining witness alleging the facts regarding the violation and containing an agreement to reimburse the village for any damages it sustains for improper or illegal seizure.
(b) Claiming Animal – Disposal of Unclaimed Animals.
(1) After seizure of animals under this section by a law enforcement, animal control or humane officer, the animal shall be impounded. Such officer shall notify the owner personally or through the U.S. mail, if such owner be known to the officer or can be ascertained with reasonable effort.
(2) The village shall not release any animal to any persons unless the following conditions are first met:
a. The person is an animal control officer for the Humane Society.
b. The officer is satisfied that the person claiming the animal is the owner of the dog.
c. The owner of the animal shows proof of vaccinations and proper registration in either the village or the county.
d. The owner is issued a written citation or written warning. However, the officer shall take into account the circumstances under which the animal was captured and review any problems that may have occurred in the past.
e. No animal shall be released to an owner who has not properly had their animal vaccinated and registered until such time as these conditions are met.
f. The Humane Society shall be notified and the animal shall be released to the Humane Society as soon as possible within 48 hours of original impoundment by the village. Owners shall be notified if possible of these conditions and shall be responsible for any other fees occurred by the Humane Society and/or the village.
(c) Sale of Impounded Animals. If the owner doesn’t reclaim the animal within seven days, the poundmaster may sell the animal to any willing buyer.
(d) Village Not Liable for Impounding Animals. The village shall not be liable for the death of any animal which has been impounded or disposed of pursuant to this section. [Prior code § 7-1-7].
6.05.080 Dogs and cats restricted in cemeteries.
No dog or cat shall be permitted in any public cemetery. Every dog specially trained to lead blind persons shall be exempt from this section. [Prior code § 7-1-8].
6.05.090 Duty of owner in case of dog or cat bite.
Every owner or person harboring or keeping a dog or cat who knows that such dog or cat has bitten any person shall immediately report such fact to the police of the village and shall keep such dog or cat confined for not less than 14 days or for such period of time as the health officer shall direct. The owner or keeper of any such dog or cat shall surrender the dog or cat to a law enforcement, animal control or humane officer upon demand for examination. [Prior code § 7-1-9].
6.05.100 Animal feces.
The owner or person in charge of any dog or other animal shall not permit solid fecal matter of such animal to deposit on any street, alley or other public or private property, unless such matter is immediately removed therefrom by said owner or person in charge. Anyone walking a dog without proper cleanup materials may be deemed in violation of this section. This section shall not apply to a person who is visually or physically disabled. [Ord. dated 3/6/12 § 44. Prior code § 7-1-10].
6.05.110 Injury to property by animals.
It shall be unlawful for any person owning or possessing an animal, dog or cat to permit such animal, dog or cat to go upon any parkway or private lands or premises without the permission of the owner of such premises, and break, bruise, tear up, crush or injure any lawn, flower bed, plant, shrub, tree or garden in any manner whatsoever, or to defecate thereon. [Prior code § 7-1-11].
6.05.120 Barking dogs or crying cats.
It shall be unlawful for any person knowingly to keep or harbor any dog which habitually barks, howls or yelps, or any cat which habitually cries or howls to the great discomfort of the peace and quiet of the neighborhood or in such manner as to materially disturb or annoy persons in the neighborhood who are of ordinary sensibilities. Such dogs and cats are hereby declared to be a public nuisance. A dog or cat is considered to be in violation of this section when two formal, written complaints are filed with the village board or police within a four-week period. [Prior code § 7-1-12].
6.05.130 Prohibited and protected animals.
(a) Protected Animals.
(1) Possession and Sale of Protected Animals. It shall be unlawful for any person, firm, or corporation to possess with intent to sell or offer for sale, or buy or attempt to buy, within the village any of the following animals, alive or dead, or any part or product thereof: all wild cats of the family felidae, polar bear (thalarctos maritimus), red wolf (canis niger), vicuna (vieugna vicugna), or alligator, caiman or crocodile of the order of crocodilia, gray or timber wolf (canis lupus), sea otter (enhydra lutris), Pacific ridley turtle (lepidochelys olivacea), Atlantic green turtle (chelonia mydas), or Mexican ridley turtle (lepidochelys kempi).
(2) Compliance with Federal Regulations. It shall be unlawful for any person, firm or corporation to buy, sell or offer for sale a native or foreign species or subspecies of mammal, bird, amphibian, or reptile, or the dead body or parts thereof, which appears on the endangered species list designated by the United States Secretary of the Interior and published in the Code of Federal Regulations pursuant to the Endangered Species Act of 1969 (Public Law 135, 91st Congress).
(3) Regulating the Importation of Certain Birds. No person, firm, or corporation shall import or cause to be imported into this village any part of the plumage, skin or dead body of any species of hawk, owl, or eagle. This subsection shall not be construed to forbid or restrict the importation or use of the plumage, skin, body, or any part thereof legally collected for use by the Native American for ceremonial purposes or in the preservation of their tribal customs and heritage.
(b) Exceptions. The provisions of subsection (a) of this section shall not be deemed to prevent the importation, possession, purchase, or sale of any species by any public agency, institute of higher learning, persons holding federal permits, or by a person holding a scientific collector’s permit issued by the Secretary of the Department of Natural Resources of the state, or to any person or organization licensed to present a circus.
(c) Wild Animals – Prohibition on Keeping. It shall be unlawful for any person to keep, maintain or have in his possession or under his control within the village any poisonous reptile or any other dangerous or carnivorous wild animal or reptile, any vicious or dangerous domesticated animal or any other animal or reptile of wild, vicious or dangerous propensities. Specifically, it shall be unlawful for any person to keep, maintain or have in his possession or under his control within the village any of the following animals:
(1) All poisonous animals and reptiles including rear-fang snakes.
(2) Apes: Chimpanzees (Pan); gibbons (Hylobates); gorillas (Gorilla); orangutans (Pongo); and siamangs (Symphalangus).
(3) Baboons (Papoi, Mandrillus).
(4) Bears (Ursidae).
(5) Bison (Bison).
(6) Cheetahs (Acinonyx jubatus).
(7) Crocodilians (Crocodilia), 30 inches in length or more.
(8) Constrictor snakes, six feet in length or more.
(9) Coyotes (Canis latrans).
(10) Deer (Cervidae); includes all members of the deer family, for example, whitetailed deer, elk, antelope and moose.
(11) Elephants (Elephas and Loxodonta).
(12) Game cocks and other fighting birds.
(13) Hippopotami (Hippopotamidae).
(14) Hyenas (Hyaenidae).
(15) Jaguars (Panthera onca).
(16) Leopards (Panthera pardus).
(17) Lions (Panthera leo).
(18) Lynxes (Lynx).
(19) Monkeys, old world (Cercopithecidae).
(20) Ostriches (Struthio).
(21) Piranha fish (Characidae).
(22) Pumas (Felis concolor); also known as cougars, mountain lions and panthers.
(23) Rhinoceroses (Rhinocero tidae).
(24) Sharks (class Chondrichthyes).
(25) Snow leopards (Panthera uncia).
(26) Swine (Suidae).
(27) Tigers (Panthera tigris).
(28) Wolves (Canis lupus).
(29) Poisonous insects.
(d) Pet Shops. The provisions of subsection (c) of this section shall not apply to licensed pet shops, zoological gardens and circuses, if:
(1) Their location conforms to the provisions of the zoning ordinance of the village.
(2) All animals and animal quarters are kept in a clean and sanitary condition and so maintained as to eliminate objectionable odors.
(3) Animals are maintained in quarters so constructed as to prevent their escape.
(4) No person lives or resides within 100 feet of the quarters in which the animals are kept.
(e) Farm Animals. Cows, horses, pigs, sheep, poultry, except chickens permitted by AMC 6.05.220, and other farm animals shall not be kept within the village limits unless kept in a properly zoned agricultural district under AMC Title 18 (Zoning). [Ord. dated 11/1/11 #1. Prior code § 7-1-13].
6.05.140 Sale of artificially colored animals.
No person may sell, offer for sale, raffle, give as a prize or premium, use as an advertising device or display living chicks, ducklings, other fowl or rabbits that have been dyed or otherwise colored artificially. [Prior code § 7-1-14].
State law reference: Section 951.11, Wis. Stats.
6.05.150 Providing proper food and drink to confined animals.
(a) No person owning or responsible for confining or impounding any animal may refuse or neglect to supply the animal with a sufficient supply of food and water as prescribed in this section.
(b) The food shall be sufficient to maintain all animals in good health.
(c) If potable water is not accessible to the animals at all times, it shall be provided daily and in sufficient quantity for the health of the animal. [Prior code § 7-1-15].
State law reference: Section 951.13, Wis. Stats.
6.05.160 Providing proper shelter.
(a) Proper Shelter. No person owning or responsible for confining or impounding any animal may fail to provide the animal with proper shelter as prescribed in this section. In the case of farm animals, nothing in this section shall be construed as imposing shelter requirements or standards more stringent than normally accepted husbandry practices in the particular county where the animal or shelter is located.
(b) Indoor Standards. Minimum indoor standards of shelter shall include:
(1) Ambient Temperatures. The ambient temperature shall be compatible with the health of the animal.
(2) Ventilation. Indoor housing facilities shall be adequately ventilated by natural or mechanical means to provide for the health of the animals at all times.
(c) Outdoor Standards. Minimum outdoor standards of shelter shall include:
(1) Shelter from Sunlight. When sunlight is likely to cause heat exhaustion of an animal tied or caged outside, sufficient shade by natural or artificial means shall be provided to protect the animal from direct sunlight. As used in this subsection, “caged” does not include farm fencing used to confine farm animals.
(2) Shelter from Inclement Weather.
a. Animals Generally. Natural or artificial shelter appropriate to the local climatic conditions for the species concerned shall be provided as necessary for the health of the animal.
b. Dogs. If a dog is tied or confined unattended outdoors under weather conditions which adversely affect the health of the dog, a shelter of suitable size to accommodate the dog shall be provided.
(d) Space Standards. Minimum space requirements for both indoor and outdoor enclosures shall include:
(1) Structural Strength. The housing facilities shall be structurally sound and maintained in good repair to protect the animals from injury and to contain the animal.
(2) Space Requirements. Enclosures shall be constructed and maintained so as to provide sufficient space to allow each animal adequate freedom of movement. Inadequate space may be indicated by evidence of debility, stress or abnormal behavior patterns.
(e) Sanitation Standards. Minimum standards of sanitation for both indoor and outdoor enclosures shall include periodic cleaning to remove excreta and other waste materials, dirt and trash so as to minimize health hazards. [Prior code § 7-1-16].
State law reference: Section 951.14, Wis. Stats.
6.05.170 Neglected or abandoned animals.
(a) No person may abandon any animal.
(b) Any law enforcement or humane officer may remove, shelter and care for an animal found to be cruelly exposed to the weather, starved or denied adequate water, neglected, abandoned or otherwise treated in a cruel manner and may deliver such animal to another person to be sheltered, cared for and given medical attention, if necessary. In all cases the owner, if known, shall be immediately notified and such officer, or other person, having possession of the animal shall have a lien thereon for its care, keeping and given medical attention and the expense of notice.
(c) If the owner or custodian is unknown and cannot with reasonable effort be ascertained, it may be treated as a stray and released to the Humane Society as soon as possible, but within at least 48 hours.
(d) Whenever in the opinion of any such officer an animal is hopelessly injured or diseased so as to be beyond the probability of recovery it shall be lawful for such officer to kill such animal and the owner thereof shall not recover damages for the killing of such animal unless he shall prove that such killing was unwarranted.
(e) Section 951.16, Investigation of Cruelty Complaints, and Section 951.17, Wis. Stats., Expenses of Investigation, are hereby adopted by reference and made a part of this chapter. [Ord. dated 3/6/12 § 45. Prior code § 7-1-17].
6.05.180 Cruelty to animals and birds prohibited.
(a) Acts of Cruelty Prohibited. No person, except a police officer or health or humane officer in the pursuit of his duties, shall within the village shoot or kill or commit an act of cruelty to any animal or bird or disturb any bird’s nests or bird’s eggs.
(b) Leading Animal from Motor Vehicle. No person shall lead any animal upon a village street from a motor vehicle or from a trailer or semi-trailer drawn by a motor vehicle.
(c) Use of Poisonous and Controlled Substances. No person may expose any pet animal owned by another to any known poisonous substance or controlled substance listed in Section 161.14, Wis. Stats., whether mixed with meat or other food or not, where it is reasonable to anticipate the substance may be eaten by such animal; or for the purpose of harming the animal. This subsection shall not apply to poison used on one’s own premises and designed for the purpose of rodent and pest extermination, nor the use of a controlled substance used in accepted veterinarian practice or in research by persons or organizations regularly engaged in such research. [Prior code § 7-1-18].
6.05.190 Trapping of animals.
(a) In the interest of public health and safety, it shall be unlawful for any person, in or on land within the village, to set, place or tend any trap for the purpose of trapping, killing, catching, wounding, worrying or molesting any animal, except by use of live box-type traps only. Live box-type traps shall be defined as those traps which capture and hold an animal in an alive and unharmed condition.
(b) This section shall prohibit the use of all traps other than live traps as described above, including, but not limited to, traps commonly known as leg traps, pan-type traps or other traps designed to kill, wound or close upon a portion of the body of an animal.
(c) All such traps set, placed or tended shall comply with the Wisconsin Statutes as they relate to trapping.
(d) This section shall not apply to trapping within the confines of buildings or homes.
(e) Nothing in this section shall prohibit or hinder the village or its employees or agents from performing their official duties. [Prior code § 7-1-19].
6.05.200 Limitation on number of dogs.
(a) Purpose. The keeping of a large number of dogs within the village for a considerable period of time detracts from and, in many instances, is detrimental to healthful and comfortable life in such areas. The keeping of a large number of dogs is, therefore, declared a public nuisance.
(b) Definitions.
“Dog” means any canine, regardless of age or sex.
“Residential lot” means a parcel of land zoned as residential, occupied or to be occupied by a dwelling, platted or unplatted, and under common ownership. For the purpose of this section, any vacant parcel or parcels adjoining a dwelling and under the same ownership shall constitute one lot.
(c) Number of Dogs Limited.
(1) No family shall own, harbor or keep in its possession more than three dogs on any residentially zoned lot without the prior approval of the village board except that a litter of pups or a portion of a litter may be kept for not more than eight weeks from birth. If more than one family resides on a residential lot, then only a total of three dogs shall be allowed on the residential lot unless the prior approval is obtained from the village board. For the purposes of this section, the term “family” shall be defined as one or more persons.
(2) The above requirement may be waived with the approval of the village board or when a kennel license has been issued by the village. Such application for waiver shall first be made to the village clerk who shall forward the request with his approval or objection to the police committee of the village board which shall receive reports from the health officer and the police department on such application. After deliberation, the police committee shall make a recommendation to the village board prior to board action on the matter. [Prior code § 7-1-20].
6.05.210 Keeping of bees.
(a) It shall be unlawful for any person to establish or maintain any hive, stand, or box where bees are kept, or keep any bees in or upon any premises within the corporate limits of the village unless the bees are kept in accordance with the following provisions and without first obtaining a permit under this section:
(1) The cost of the permit shall be as from time to time determined by resolution of the village board.
(2) A site plan of the setup of the hives must be attached to the permit application.
(3) Beehives must be kept on a vacant lot or a lot with a one-family dwelling.
(4) The hive must be kept in the back yard and not the side or front yard.
(5) No hive stand or box where bees are kept shall be located closer than 20 feet to any property boundary.
(6) If bee colonies are kept within 50 feet of any exterior boundary of the property on which the hive, stand or box is located, a barrier that will prevent bees from flying through it, no less than five feet high, shall be installed and maintained along said exterior boundary. Said barrier may be either a natural planting or artificial.
(7) Fresh, clean watering facilities for bees shall be provided on the said premises.
(8) The bees and equipment shall be kept in accordance with the provisions of the state statutes.
(b) Inspections. In order to ensure compliance with this section and that there are no hazards or other issues present, prior to or following the granting of a permit, the village may require a site inspection of the beekeeper’s premises and apiary. The permit holder shall allow village officials access to its property for the purpose of inspection within two days of receiving request from the village for an inspection.
(c) Removal of Hive. The village may order the permit holder to remove any hive for violations of this section. The permit holder shall be responsible for costs of the removal.
(d) Appeal. Any person aggrieved by a determination or order of the village may appeal in writing to the public safety committee within 30 days of issuance of the determination or order and may request a hearing before the committee. A hearing will be conducted as soon as reasonably possible and no later than 30 days after receiving a request for a hearing. An appeal shall stay a determination, order, or permit revocation until the hearing is held. [Ord. dated 9/7/21 #1 § 1. Prior code § 7-1-21].
6.05.220 Keeping of chickens.
Chickens may be raised in any zoning district in which a single-family residence is a permitted use, provided the following conditions are met:
(a) The lot upon which the chickens are raised shall contain only a single-family dwelling. A zero lot line duplex or a multi-unit condominium is not qualified to have chickens.
(b) The chickens are raised on the property of the owner or of a tenant with the written consent of the owner.
(c) Roosters and crowing cockerels shall not be kept.
(d) No more than four chickens may be kept on any lot.
(e) Chickens shall be provided with a covered coop with not less than two nor more than four square feet of area per chicken. The coop shall be constructed of sturdy, predator-proof material and shall provide adequate protection from the elements and temperature extremes. The floor of the coop shall be covered with sufficient wood or cedar chips or other suitable material and be regularly cleaned and otherwise maintained. The coop may be built as part of a yard shed or garage but cannot be placed on top of a building.
(f) Chickens shall be provided with a run attached to or surrounding the coop. The run shall be not less than six square feet per chicken and shall be made of strong predator-proof wire fencing. To prevent chickens from flying out of the run the fencing shall be covered or the chickens shall have their wings clipped.
(g) Chickens shall not be allowed inside of a residence and shall be kept in the covered coop or fenced run at all times.
(h) Chickens shall not be slaughtered in any residential zoning district.
(i) Waste shall be disposed in an appropriate manner in order to sustain health, prevent disease and control odor.
(j) Chicken feed shall be stored and maintained in order to eliminate access by rodents, insects and other pests.
(k) Chicken coops and runs are permitted only on the side or rear yard of a lot and shall not be closer than 25 feet from any adjoining lot without the written consent of the owner of the adjoining lot or lots.
(l) The keeping of chickens shall require an annual permit issued by the village upon approval of the village board and which shall expire on December 31st of each year. Upon receipt of an application for an original permit and prior to the issuance of such permit, the village shall give written notice to the owners of all lots or parcels contiguous with the lot proposed for a chicken coop and run. The notice shall be given not less than 10 days prior to the date that the village board will consider the application. No application shall be approved if a resident owner or the resident tenant presents evidence satisfactory to the village board that the proximity of chickens would be harmful to the health of any person residing on an adjoining lot or parcel. Notice to owners of contiguous lots or parcels shall not be required for renewal of an original permit.
(m) The applicant shall provide proof of livestock premises registration with the Wisconsin Department of Agriculture, Trade, and Consumer Protection prior to applying for a chicken-keeping permit with the village.
(n) The annual fee for a permit shall be established via resolution by the village board. Licenses not renewed by March 31st will be assessed a late fee of $5.00.
(o) In the event the holder of a permit accumulates three violations of this section within any 12-month period or five violations within any 36-month period, the permit shall be revoked. Prior to any revocation, the village shall give the holder of the permit a written notice of revocation which shall include the right of the said holder to request a hearing within 10 days of service. Notice shall be given by certified mail, return receipt requested to the permit holder at the address listed on the permit application or by personal service. Service is complete upon mailing. If no request for a hearing is made in writing within the said 10 days, the revocation of the permit shall be effective and final.
(p) Any person violating this section shall be subject to the forfeiture provided in AMC 6.05.230(a). [Ord. dated 4/19/22 § 1; Ord. dated 9/7/21 #2 § 1; Ord. dated 11/1/11 #1. Prior code § 7-1-22].
6.05.230 Penalties.
(a) Any person violating AMC 6.05.150 through 6.05.210 shall be subject to a forfeiture of not less than $25.00 and not more than $1,000. This section shall also permit the village attorney to apply to the court of competent jurisdiction for a temporary or permanent injunction restraining any person from violating any aspect of this chapter.
(b)(1) Anyone who violates AMC 6.05.010, 6.05.020, 6.05.030, 6.05.040 and 6.05.050 or Chapter 174, Wis. Stats., shall be subject to a forfeiture of not less than $25.00 and not more than $1,000 for the first offense and not less than $50.00 and not more than $1,000 for any subsequent offenses.
(2) Refusal to Comply with Order or Quarantine. An owner who refuses to comply with an order issued under AMC 6.05.050 to deliver an animal to an officer, isolation facility or veterinarian or who does not comply with the conditions of an order that an animal be quarantined shall be fined not less than $25.00 nor more than $1,000 or imprisoned not more than 90 days or both.
(c) Any person who violates AMC 6.05.060 through 6.05.140 shall be subject to a forfeiture of not less than $25.00 and not more than $1,000 for the first violation and not less than $50.00 and not more than $1,000 for subsequent violations. [Ord. dated 3/6/12 § 46; Ord. dated 11/1/11 #1. Prior code § 7-1-23].