In this chapter, unless the context or subject matter otherwise
requires, the following terms shall have the meanings indicated:
ANIMAL
Mammals, reptiles and birds.
AT LARGE
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
Any feline, regardless of age or sex.
CRUEL
Causing unnecessary and excessive pain or suffering or unjustifiable
injury or death.
DOG
Any canine, regardless of age or sex.
FARM ANIMAL
Any warmblooded animal normally raised on farms in the United
States and used for food or fiber.
LAW ENFORCEMENT OFFICER
Has that meaning as appears in § 967.02(5), Wis.
Stats., and includes a humane officer under § 173.03, Wis.
Stats., but does not include a conservation warden appointed under
§ 23.10, Wis. Stats.
NEUTERED
A dog or cat having nonfunctional reproductive organs.
OWNER
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; such person
is presumed to be harboring or keeping the dog or cat within the meaning
of this chapter.
PET
An animal kept and treated as a pet.
[Amended 6-2-2003]
The Village Clerk-Treasurer shall assess and collect a late fee as set forth in Chapter
A150, Fees, from every owner of a dog five months of age or over if the owner failed to obtain a license prior to April 1 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. Said late fee shall be charged in addition to the required license fee.
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 Village Police Department and shall keep such
dog or cat confined for not less than 10 days or for such period of
time as directed. The owner or keeper of any such dog or cat shall
surrender the dog or cat to a law enforcement or humane officer upon
demand for examination.
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, flowerbed, plant, shrub, tree or garden in any manner whatsoever
or to defecate thereon.
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 Police Department within a four-week
period.
No person except a law enforcement or animal control 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.
[Added 8-5-2019 by Ord. No. 2019-02]
A. Purpose. The keeping of chickens within the Village of Dane may detract
from and may be detrimental to healthful and comfortable life in the
Village. The keeping of more than five chickens on any lot is declared
a public nuisance.
B. Number limited.
(1)
An owner or occupant may own, harbor, or keep in its possession up to a total of five chickens upon any lot within the Village upon issuance of a license by the Village Board as set forth in Subsection
C below.
(2)
The keeping of up to five chickens is conditioned upon the following:
(a)
No owner or occupant shall keep any rooster.
(b)
No owner or occupant shall slaughter any chickens on the lot.
(c)
The chickens shall be provided with a covered and fenced enclosure
and must be kept in the covered and fenced enclosure at all times.
(d)
All enclosures shall be at least 25 feet from any neighboring
residential structure.
(e)
All stored feed must be kept in airtight containers impenetrable
to rodents.
(3)
In addition to the requirements of Subsection
B(2)(d) above, the covered and fenced enclosure area for any chickens shall conform to any and all regulations regarding accessory buildings for the zoning district in which the covered and fenced enclosure is situated.
C. License required.
(1)
Any person who keeps chickens in the Village shall obtain an
annual license prior to October 1 of each year or within 30 days of
first acquiring the chickens.
(2)
Any person requesting a license shall file an application for
a license with the Village Clerk and pay an application fee that shall
be established by resolution of the Village Board. The application
fee shall be nonrefundable and shall be established to defray the
cost of inspecting the applicant's premises for compliance with
the terms and conditions of this section. At the time of filing the
application, the person requesting the license shall also post with
the Village Clerk the fee required for the license. If the license
is not granted to the applicant, this fee shall be returned to the
applicant.
(3)
Upon receipt of an application for a license to house chickens
(or a subsequent renewal), the Village Clerk shall notify all residents
and landowners within 200 feet of the applicant's address of
the application being filed. The application for the license shall
be heard by the Village Board at the first regularly scheduled meeting
of the Village Board following a minimum fourteen-day notification
period to the neighboring residents and landowners.
(4)
The fee for the license shall be established by resolution of
the Village Board, and shall be in addition to the application fee.
All inspections pursuant to this section shall be conducted by the
Village Administrator or their designee.
D. License revocation. If a complaint is made by anyone to the Village Clerk that the terms of the license issued to the license holder are being violated in any way, in addition to the penalties set forth in §
197-17C of this Code of Ordinances, the Village, on its own motion, may seek to revoke the license of the license holder. To revoke the license, the Village Board shall hold a hearing. At the hearing, the Village and the license holder will be allowed to present testimony as to why the license should be or should not be revoked. Following testimony, the Village Board shall make its decision. The Village shall give at least 14 days' written notice of the hearing to the license holder at the license holder's last known address.
[Amended 9-10-2012 by Ord. No. 2012-04]
A. Any person violating §
197-13,
197-14,
197-15 or
197-16 shall be subject to a forfeiture of not less than $50 and not more than $200. 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. Anyone who violates §§
197-2,
197-3,
197-4 and
197-5 of this chapter or Ch. 174, Wis. Stats., shall be subject to a forfeiture of not less than $25 and not more than $200 for the first offense and not less than $100 and not more than $400 for any subsequent offenses. An owner who fails to have a dog or cat vaccinated against rabies as required in §
197-2 shall be subject to a forfeiture of not less than $50 nor more than $100. An owner who refuses to comply with an order issued under §
197-5 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 $100 nor more than $1,000.
C. Any person who violates §§
197-6 through
197-12 or §
197-16.1 of this chapter shall be subject to a forfeiture of not less than $25 and not more than $100 for the first violation and not less than $50 and not more than $200 for subsequent violations. Each day may be considered a separate violation.
[Amended 8-5-2019 by Ord. No.
2019-02]