Village of Benton, WI Animals

It shall be unlawful for any person in the Village of Benton to own, harbor or keep any dog more than five months of age without complying with the provisions of §§ 174.05 through 174.10, Wis. Stats., relating to the listing, licensing and tagging of the same.

The owner of any dog more than five months of age on January 1 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.

The minimum license tax under this section for spayed females or neutered males shall be as prescribed in § 173-1. The minimum fee for unspayed or unneutered animals shall be as prescribed in § 173-1. The license year shall commence January 1 and end December 31.

Upon payment of the required license tax and upon presentation of evidence that the dog is currently immunized against rabies, as required by § 115-2 of this chapter, the Village Clerk-Treasurer shall complete and issue to the owner a license for such dog containing all information required by state law. The Village Clerk-Treasurer 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.

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, except as provided in § 115-2E.

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 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 Village Clerk-Treasurer upon application therefor.

Kennel licenses. The term "kennel" means any establishment wherein or whereon three or more dogs are kept for the purpose of show, sale, boarding or breeding. Persons keeping, harboring, or maintaining more than three dogs over the age of five months in one location shall, in addition to the individual licenses for each dog required by this chapter or state statutes, obtain an annual kennel license. No more than 10 dogs over the age of five months shall be kept on any one premises.

An annual kennel license application shall be filed with the Village Clerk-Treasurer and shall include the kennel owner's name, the kennel operator's name if different than the owner, the kennel address, the kennel capacity, a brief description of the kennel and facility, whether the kennel is for personal or business use, the owner's signature and date. The fee for an initial kennel license shall be established from time to time by the Village Board. The license shall be for one year and shall expire on December 31 of each year. The fee for subsequent uninterrupted renewals shall be established from time to time by the Village Board.

Before issuance of a license, the application shall be reported to the County Health Officer, Building Inspector or a licensed veterinarian who shall conduct an inspection of the proposed kennel premises. They shall report any health problems or violations to the license applicant and the Village Clerk-Treasurer. Any problems noted during said inspections shall be corrected prior to annual license approval or renewal.

Kennels shall be located a minimum of 200 feet from any other residential or commercial structure and at least five feet from all lot lines. Each kennel shall be surrounded by privacy fencing of sufficient height to contain the animals kept therein and shall contain at least 30 square feet for each animal.

Upon written complaint by any Village official or resident of the Village that the licensee has violated any of the provisions of this section, the County Health Officer, Building Inspector or a licensed veterinarian shall conduct an investigation and if he/she finds the violations are occurring, he/she shall inform the licensee in writing of the specific violations then existing. The County Health Officer, Building Inspector or a licensed veterinarian shall allow the licensee a reasonable time to correct violations. Penalties for a violation of this section shall be as specified in § 115-20.

§ 115-4 Late fees.

[Amended 2-15-2023 by Ord. No. 2023-01]

The Village Clerk-Treasurer shall assess and collect a late fee as prescribed in § 173-1 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.

§ 115-5 Rabies quarantine.

Dogs and cats confined. If an area 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-Treasurer shall promptly post in at least three public places in the Village notices of quarantine.

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 if a rabies vaccination tag or substitute tag is attached to the dog's or cat's collar.

Quarantine or sacrifice of an animal suspected of biting a person or being infected or exposed to rabies.

Quarantine or sacrifice of dog or cat. An officer or animal warden shall order a dog or cat quarantined if the 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 shall attempt to kill the animal in a humane manner and in a manner which avoids damage to the animal's head.

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.

Quarantine of dog or cat.

Delivery to isolation facility or quarantine of premises of owner. An officer or animal warden 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.

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.

Risk to animal health.

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.

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.

Destruction 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.

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 of 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 Village, the veterinarian or local health department which prepared the carcass and, if the animal is suspected to have bitten a person, that person or the person's physician.

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 Village, 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.

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.

§ 115-6 Restrictions on keeping of dogs, cats, fowl and other animals.

[Amended 10-17-2007; 11-14-2012 by Ord. No. 2012-005; 1-16-2013 by Ord. No. 2013-001]

Restrictions. It shall be unlawful for any person to own, possess, keep, exercise control over, maintain, harbor, transport, or sell within the Village corporate limits any dog, cat or other animal in a domesticated environment which does any of the following:

Habitually pursues any vehicle upon any public street, alley or highway.

Assaults or attacks any person or destroys property.

Is at large within the Village limits.

Habitually barks, crows, cries, screeches, howls or makes any other loud or annoying sound which greatly disturbs the peace and quiet of a neighborhood and is an annoyance to any person or persons. (See § 115-11.)

Kills, wounds or worries (seize with the teeth and shake or tug at repeatedly) any domestic animal.

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.

(8)

Is vicious.

Vicious dogs.

VICIOUS DOG OR OTHER ANIMAL

Definitions. The terms used herein shall be defined as follows:

Any dog with a propensity, tendency or disposition to attack, cause injury or otherwise endanger the safety of human beings or other domestic animals as evidenced by its habitual or repeated chasing or snapping, or barking and/or snarling in a threatening manner.

Any dog or animal which attacks a human being or other domestic animal without provocation.

(c)

Any dog or other animal owned or harbored primarily or in part for the purpose of fighting, or any dog trained for dog fighting.

(d)

Any pit bull dog.

[1]

Pit bull dog. The Pit Bull Terrier breed of dog.

[2]

The Staffordshire Bull Terrier breed of dog.

[3]

The American Pit Bull Terrier breed of dog.

[4]

The American Staffordshire Terrier breed of dog.

[5]

Dogs of mixed breed or of other breeds than listed under Subsection B(1)(d)[1] to [4] above whose breed or mixed breed is commonly known as "pit bull," "pit bull dog" or "pit bull terrier," or any dog displaying the majority of physical traits of any one or more of the above breeds, or any dog exhibiting those distinguishing characteristics which substantially conform to the standards established by the American Kennel Club.

Requirements and prohibitions.

Leash and muzzle. No person owning, harboring or having the care of a vicious dog may suffer or permit such dog to go outside its kennel or pen unless the dog is securely leashed with a leash no longer than four feet in length. No person may permit a vicious dog to be kept on a chain, rope or other type of leash outside its kennel or pen unless a person is in physical control of the leash. The dog may not be leashed to inanimate objects such as trees, posts and buildings. A vicious dog on a leash outside the dog's kennel shall be muzzled by a muzzling device sufficient to prevent the dog from biting persons or other animals. A vicious dog shall not be required to be muzzled when shown in a sanctioned American Kennel Club show or when it is securely confined in a locked, fenced in yard on the owner's property and with the owner outside with the dog at all times that the dog is outside in this fenced in area.

Confinement. All vicious dogs shall be securely confined indoors or in a securely enclosed and locked pen or kennel, except when leashed and muzzled as provided in Subsection B(2)(a) above. The pen, kennel or structure shall have secure sides and a secure top attached to all sides. A structure used to confine a vicious dog shall be locked with a key or combination lock when the dog is within the structure. The structure shall have a secure bottom or floor attached to the sides of the pen, or the sides of the pen must be embedded in the ground no less than two feet. All structures erected to house vicious dogs shall comply with all zoning and building regulations of the Village. All structures shall be adequately lighted and ventilated and kept in a clean and sanitary condition.

(c)

Confinement indoors. No vicious dog may be kept on a porch, patio or in any part of a house or structure that would allow the dog to exit the building on its volition. No vicious dog may be kept in a house or structure when the windows are open or when screen windows or screen doors are the only obstacle preventing the dog from exiting the structure.

(d)

Prohibited in multiple dwellings. No vicious dog may be kept within any portion of any multiple dwelling.

(e)

Signs. All owners, keepers or harborers of vicious dogs shall, within 15 days of the effective date of this section, display in a prominent place on their premises a sign easily readable by the public using the words "Beware of Dog." A similar sign is required to be posted on the kennel or pen of the dog.

(f)

Insurance. All owners, keepers or harborers of vicious dogs shall, within 30 days of the effective date of this section, provide proof to the Village Clerk-Treasurer of public liability insurance in a single-incident amount of $50,000 for bodily injury to or death of any person or for the damage to property owned by any person which may result from the ownership, keeping or maintenance of vicious dogs. The insurance policy shall provide that no cancellation of the policy will be made unless a ten-day written notice is first given to the police officer. The owner or custodian of the dog shall produce evidence of the required insurance upon request of a law enforcement officer. This subsection does not apply to dogs kept by law enforcement agencies.

(g)

Spayed or neutered. All owners, keepers or harborers of vicious dogs shall, within 30 days of the effective date of this section, provide proof to the Village Clerk-Treasurer of the spaying or neutering of said vicious dog.

(h)

At discretion of the Village Board or its designee, the owner, keeper or harborer of a vicious dog may be required to, within 15 days of written notification, provide a copy of DNA test results specifically related to the said vicious dog. This DNA test will be at the expense of the owner, keeper or harborer.

Vicious dog determination. The police officer shall investigate every dog complaint and make a determination as to whether or not such dog is vicious, as defined in Subsection B(1) above. In the event the police officer makes a determination that a dog is vicious, he shall so inform the owner, keeper or harborer of such dog and provide such person with a copy of this section.

Appeal of vicious dog determination. Any person aggrieved by the determination of the police officer, as provided in Subsection B(3) above, may appeal such determination, as provided in Chapter 12 of this Code.

Compliance. Within 10 days of the determination that a dog is vicious, as provided in Subsection B(3) above, or 10 days after an unsuccessful appeal under Subsection B(4) above, the owner of a vicious dog shall either comply with all provisions of this section or dispose of such dog.

Disposition of vicious dog. Any vicious dog which attacks a human being or domestic animal may be ordered destroyed by a police officer or humane officer when, in the judgment of a court of competent jurisdiction, the dog represents a continuing threat of serious harm to human beings or domestic animals.

Animals running at large. No person having in his or her 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 or her 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 or law enforcement officer or animal warden. A dog or cat shall not be considered to be running at large if it is on a leash not to exceed 10 feet in length and under control of a person physically able to control it when the animal is off of the owner's premises.

Penalty.

Any person who violates any provision of this section shall, upon conviction, be subject to the payment of a forfeiture, as provided in § 1-3 of this Code. A separate offense shall be deemed committed on each day on which a violation of this section occurs or continues.

Owner's liability for damage caused by dogs; penalties. The provisions of § 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.

§ 115-7 Animal control agency; impoundment of animals.

Animal control agency.

The Village of Benton may contract with or enter into an agreement with such person, persons, organization or corporation to provide for the operation of an animal shelter, impoundment of stray animals, confinement of certain animals, disposition of impoundment animals and for assisting in the administration of rabies vaccination programs.

The Village of Benton does hereby delegate to any such animal control agency the authority to act pursuant to the provisions of this section.

Impounding of animals. In addition to any penalty hereinafter provided for a violation of this chapter, a law enforcement or animal control 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 or her possession a signed statement of a complaining witness alleging the facts regarding the violation.

Claiming animal; disposal of unclaimed animals. After seizure of animals under this section by a law enforcement or animal control officer, the animal shall be impounded. The officer shall notify the owner, personally or through the United States Mail, if such owner be known to the officer or can be ascertained with reasonable effort, but if such owner be unknown or unascertainable, the officer shall post written notice in three public places in the Village, giving a description of the animal, stating where it is impounded and the conditions for its release, after the officer or warden has taken such animal into his or her possession. If within seven days after such notice the owner does not claim such animal, the officer may dispose of the animal in a proper and humane manner; provided, if an animal before being impounded has bitten a person, the animal shall be retained in the animal shelter for 10 days for observation purposes. Within such times, the owner may reclaim the animal upon payment of impoundment fees, such fees to be established by resolution of the Village Board. No animal shall be released from the pound without being properly licensed if so required by state law or Village ordinance.

Sale of impounded animals. If the owner doesn't reclaim the animal within seven days, the animal control officer may sell the animal to any willing buyer.

Village not liable for impounding animals. The Village and/or its animal control agency shall not be liable for the death of any animal which has been impounded or disposed of pursuant to this section.

§ 115-8 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 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.

§ 115-9 Animal feces.

Removal of fecal matter. No person owning or having control of any animals shall appear with such animal on any sidewalk, street, park or other public area or on any private property neither owned nor occupied by said person without the means of removal of any feces left by the animal.

Accumulation of fecal matter prohibited on private yards. The owner or person in charge of the dog or cat must also prevent accumulation of animal waste on his or her own property by regularly patrolling and properly disposing of the fecal matter.

§ 115-10 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.

§ 115-11 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 Police Department within a four-week period.

§ 115-12 Prohibited and protected animals, fowl, reptiles and insects.

Protected animals.

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 (Vicugna), gray or timber wolf (Canis lupus), sea otter (Enhydra lutris), Pacific ridley turtle (Lepidochelys olivacea), Atlantic green turtle (Chelonia mydas), Mexican ridley turtle (Lepidochelys kempi).

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 to the Interior and published in the Code of Federal Regulations pursuant to the Endangered Species Act of 1969 (Public Law 135, 91st Congress).

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 American Indians for ceremonial purposes or in the preservation of their tribal customs and heritage.

Exceptions. The provisions of Subsection A above shall not be deemed to prevent the lawful 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 scientific collectors 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.

Wild animals; prohibition on keeping. It shall be unlawful for any person to keep, maintain or have in his or her possession or under his or her control within the Village any poisonous reptile or any other dangerous or carnivorous wild animal, insect 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 or her possession or under his or her control within the Village any of the following animals, reptiles or insects:

All poisonous animals and reptiles including rear-fang snakes;

Apes: chimpanzees (Pan); gibbons (Hylobates); gorillas (Gorilla); orangutans (Pongo); ans siamangs (Symphalangus);

Baboons (Papoi, Mandrillus);

Bears (Ursidae);

Bison (Bison);

Cheetahs (Acinonyx jubatus);

(7)

Crocodilians (Crocodilia), 30 inches in length or more;

(8)

Constrictor snakes;

(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)

Pumas (Felis concolor); also known as cougars, mountain lions and panthers;

(22)

Rhinoceroses (Rhinocero tidae);

(23)

Sharks (class Chondrichthyes);

(24)

Snow leopards (Panthera uncia);

(25)

Tigers (Panthera tigris);

(26)

Wolves (Canis lupus);

(27)

Poisonous insects.

Exceptions; pet shops. The prohibitions of Subsection C above shall not apply where the creatures are in the care, custody or control of: a veterinarian for treatment; agricultural fairs; shows or projects of the 4-H clubs; a display for judging purposes; an itinerant or transient carnival, circus or other show; dog or cat shows or trials; public or private education institutions; licensed pet shops; zoological gardens; if:

Their location conforms to the provisions of Chapter 390, Zoning, of the Village Code;

All animals and animal quarters are kept in a clean and sanitary condition and so maintained as to eliminate objectionable odors;

Animals are maintained in quarters so constructed as to prevent their escape;

No person lives or resides within 100 feet of the quarters in which the animals are kept.

Farm animals. Except on lands zoned agricultural, no person shall harbor, raise or keep any farm livestock in the Village of Benton, including, but not limited to, cattle, horses, sheep and swine.

Keeping of chickens. No person shall keep or harbor chickens or build, erect or maintain and use any chicken coop or yard to keep or house any chickens, unless the following regulations are followed:

[Added 6-18-2014 by Ord. No. 115-12-F]

The total number of chickens shall not exceed six hens per single-family dwelling.

No person shall keep any roosters.

The chickens shall be provided with a covered predator-proof enclosure (coop) that is well ventilated and designed to be easily accessed for cleaning. The enclosure (coop) shall allow at least two square feet per hen. Hens must be kept in a covered enclosure or a fenced enclosure at all times. Enclosures shall not be constructed of tarps, shall not be doghouses, and shall not be lean-tos or be constructed of other objectionable materials.

All chicken coops and yards shall be kept in a clean, sanitary condition and free from all objectionable odors and shall be subject to inspection, as deemed necessary.

No enclosure shall be located closer than 15 feet to any residential structure on an adjacent lot and may not be located in front or side yards, but in back yards only.

§ 115-13 Sale of rabbits, chicks or 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.

No person may sell, offer for sale, barter or give away living chicks, ducklings or other fowl without providing proper brooder facilities for the care of such chicks, ducklings or other fowl during the time they are in such person's care, custody or control.

No retailer, as defined in § 100.30(2)(e), Wis. Stats., may sell, offer for sale, barter or give away living baby rabbits, baby chicks, ducklings or other fowl under two months of age, in any quantity less than six, unless the purpose of selling these animals is for agricultural, wildlife or scientific purposes.

§ 115-14 Providing proper food and drink to confined animals.

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.

The food shall be sufficient to maintain all animals in good health.

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.

§ 115-15 Providing proper shelter.

[Amended 10-15-2014 by Ord. No. 2014-02]

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 agriculture practices in the particular county where the animal or shelter is located.

Indoor standards. Minimum indoor standards of shelter shall include:

Ambient temperatures. The current temperatures shall be compatible with the health of the animal.

Ventilation. Indoor housing facilities shall be adequately ventilated by natural or mechanical means to provide for the health of the animals at all times.

Outdoor standards. Minimum outdoor standards of shelter shall include:

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.

Shelter from inclement weather.

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.

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.

Space standards. Minimum space requirements for both indoor and outdoor enclosures shall include:

Structural strength. The housing facilities shall be structurally sound and maintained in good repair to protect the animals from injury and to contain the animals.

Space requirements. Enclosures shall be construed and maintained so as to provide sufficient space to allow each animal adequate freedom of movement. Inadequate space may be indicated by evidence of weakness, stress or abnormal behavior patterns.

Sanitation standards. Minimum standards of sanitation for both indoor and outdoor enclosures shall include periodic cleaning to remove urine and feces and other waste materials, dirt and trash so as to minimize health hazards.

In addition to the aforementioned restrictions, no person shall own, possess, keep, exercise control over, maintain or harbor any dog, cat, fowl or other animal on or in any unoccupied (other than a primary) residence. Any dog, cat, fowl or any other animal deemed to be maintained in this fashion shall be impounded immediately.

§ 115-16 Neglected or abandoned animals.

Neglected or abandoned animals.

No person may abandon any animal.

Any law enforcement or animal control office 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 medical attention and the expense of notice.

If the owner or custodian is unknown and can not, with reasonable effort, be ascertained or does not, within five days after notice, redeem the animal by paying the expenses incurred, it may be treated as a stray and dealt with as such.

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.

Section 173.10, Wis. Stats., Investigation of cruelty complaints, and § 173.24, Wis. Stats., Expenses of investigation, are hereby adopted by reference and made a part of this chapter.

Injured animals. No person who owns, harbors or keeps any animal shall fail to provide proper medical attention to such animal when and if such animal becomes sick or injured. In the event the owner of such animal cannot be located, the Village or any animal control agency with whom the Village has an agreement or contract shall have the authority to take custody of such animal for the purpose

§ 115-17 Cruelty to animals and birds prohibited.

Acts of cruelty prohibited. No person except a law enforcement or animal control officer in the pursuit of his or her 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.

Leading animal from motor vehicle. No person shall lead any animal upon a Village street from a motor vehicle or from a trailer or semitrailer drawn by a motor vehicle.

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 § 961.14, 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.

Use of certain devices prohibited. No person may directly or indirectly, or by aiding, abetting or permitting the doing thereof either put, place, fasten, use or fix upon or to any animal used or readied for use for a work purpose or for use in an exhibition, competition, rodeo, circus or other performance any of the following devices: a bristle bur, tack bur or like device; or a poling device used to train a horse to jump which is charged with electricity or to which have been affixed nails, tacks or other sharp points.

Shooting at caged or staked animals. No person may instigate, promote, aid or abet as a principal, agent, employee, participant or spectator, or participate in the earnings from or intentionally maintain or allow any place to be used for the shooting, killing or wounding with a firearm or any deadly weapon any animal that is tied, staked out, caged or otherwise intentionally confined in a man-made enclosure, regardless of size.

§ 115-18 Limitation on number of dogs and cats.

Purpose. The keeping of a large number of dogs and cats within the Village of Benton 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 and cats is, therefore, declared a public nuisance.

Number limited.

No person or family shall own, harbor or keep in its possession more than three dogs and three cats in any residential unit without the prior issuance of a kennel license by the Village Board except that a litter of pups or kittens or a portion of a litter may be kept for not more than 10 weeks from birth.