City of Monroe, WI
Green County
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Table of Contents
Table of Contents

§ 9-2-1 Definitions.

[12-18-2007; 2-17-2016; 2016 Code]
In this chapter:
ANIMAL
Means any a) living warm-blooded creature, except a human being; b) reptile; c) fish; or d) amphibian.
ANIMAL SHELTER
Means a facility operated by a humane society, or municipal agency or its authorized agents, for impounding or caring for animals held under the authority of this chapter or state law or both.
AT LARGE
Means an animal that is off the premises of the owner and not under the restraint of the owner or another person.
ATTACK
Means to confront in an aggressive and hostile manner such that a reasonable person would believe that there is an imminent threat of bite or injury to the person or animal so confronted.
CHICKEN
Means a domestic chicken of the subspecies Gallus gallus domesticus.
CHICKEN RUN
Means a fenced enclosure attached to a coop.
COMMERCIAL ANIMAL ESTABLISHMENT
Means an establishment that: a) bathes, clips, plucks, or otherwise grooms animals, not their own; b) breeds, boards, buys, sells or donates animals; c) trains, or sports animals; or d) displays or exhibits animals.
COOP
Means a new or existing enclosed accessory structure designed or modified for the keeping of chickens and meeting the requirements of this section.
DEFENSE OF PERSONS OR PROPERTY
Means incidents in which the person attacked, bitten, or injured was, at the time of the incident, committing or attempting to commit a crime or violating or attempting to violate a code which protects persons or property; and incidents in which the licensable animal is protecting or defending a person from attack or assault by another person or animal; excluding an attack on a mail carrier or delivery person in performance of their duties.
FARM ANIMAL
Means an animal normally raised on farms in the United States for use or profit including but not limited to chickens, turkeys, geese, ducks, fowl, cattle, bovines, bison, sheep, goats, swine, potbelly pigs, horses, donkeys, mules, and llamas.
GOVERNMENT ZOOLOGICAL PARK
Means a facility that displays or exhibits one or more species of untamed animals, not considered a pet or work animal, operated by a state, county, local, or other government agency.
HUMANE OFFICER
Means a person appointed by the council who is qualified to perform duties of animal control as provided by the laws of the state of Wisconsin or the city or both.
HUMANE SOCIETY
Means a society organized primarily for the care and shelter of homeless, stray or abused animals, on a nonprofit basis, no part of the net income of which inures to the benefit of any member, officer or shareholder, if the property is used exclusively for the primary purposes of the humane society.
OWNER
Means a person or entity that owns, keeps or harbors one or more animals. An animal is considered harbored if it is fed or sheltered for seven consecutive days or more.
PET
Means an animal that is kept for pleasure rather than utility.
PROVOKED
Means an animal that is: a) teased, tormented, abused, or assaulted by a person or another animal; b) acting in defense of persons or property; or c) under the control of a law enforcement officer, and acting in performance of its duties.
ROOSTER
Means a male chicken of any age, including a capon or otherwise neutered male chicken.
VICIOUS ANIMAL
Means an animal that: a) other than when provoked, bites or injures a person or another animal twice within a period of 12 consecutive months; b) other than when provoked, attacks a person or another animal three times within a period of 12 consecutive months; c) other than when provoked, bites a person or animal once and attacks a person or animal twice within a period of 12 consecutive months; or d) has been trained or used for fighting against other animals.
WILD ANIMAL
Means any live nonhuman primate, raccoon, skunk, fox, leopard, panther, tiger, lynx, coyote, wolf, alligator, crocodile, or other animal or hybrid which can normally be found in the wild.

§ 9-2-2 Licenses and permits.

[12-18-2007; 2016 Code]
(A) 
Except as expressly provided, all licenses and permits shall be granted by the council and issued by the city clerk.
(B) 
All license, permit and related fees in this chapter shall be set by resolution of the council.

§ 9-2-3 Dog license required.

[12-18-2007; 2016 Code]
Any person owning, keeping, harboring or having custody of a dog over five months of age within this city must obtain a license.

§ 9-2-4 Dog license application.

[12-18-2007; 2016 Code]
(A) 
An application for a dog license shall be made to the city treasurer. A valid rabies certificate shall accompany the application 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 center for disease control of the U.S. department of health, education and welfare and the city, village or town where the dog is required to be licensed.
(B) 
Written proof of neutering or spaying shall accompany the application to qualify for reduced license fees.
(C) 
The license shall be issued for one year, commencing on January 1, and is not transferable.
(D) 
Upon acceptance of the license application, rabies certificate and fee, a license and durable tag with an identifying number and the year of issuance shall be issued by the city treasurer. Upon issuance of the license and tag, the owner shall attach the tag to the collar of the licensed dog. The dog must wear the tag at all times when off the premises of the owner unless during competition or training, securely confined indoors, or herding or controlling farm animals under the control of its owner. An untagged dog shall be considered a stray.
(E) 
A renewal license and tag will be issued upon acceptance of the renewal license application, payment of the renewal fee, and proof of rabies vaccination by the city treasurer.

§ 9-2-5 Exceptions and exemptions to dog licensing.

[12-18-2007; 2016 Code]
(A) 
No license shall be required of any animal kept at an animal shelter.
(B) 
Every dog specifically trained to lead blind or deaf persons, provide support for mobility-impaired persons or aid law enforcement officers shall receive annually a free dog license and tag from the city treasurer upon application.

§ 9-2-6 Cat license.

[12-18-2007; 2016 Code]
(A) 
The owner of a cat more than five months of age may pay a onetime fee and obtain a cat license for the purposes of identification and safety. Upon acceptance of the license application, a valid rabies certificate and a fee, a durable tag with an identifying number shall be issued by the city treasurer.
(B) 
The license shall remain effective for the life of the cat and is not transferable.
(C) 
An untagged cat at large in the city shall be considered a stray.

§ 9-2-7 Rabies vaccination.

[12-18-2007; 2016 Code]
The owner of a dog or cat shall have the animal vaccinated by a licensed veterinarian on or before the date the animal reaches five months of age. Upon the issuance of a rabies certificate, the veterinarian shall provide 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. The dog or cat must wear the tag at all times when off the premises of the owner unless during competition or training, securely confined indoors, or herding or controlling farm animals under the control of its owner.

§ 9-2-8 At large.

[12-18-2007; 2016 Code]
No person owning, keeping, harboring or having custody of an animal shall allow it to run at large within the city. The owner or person in control of an animal shall keep such animal on a leash no more than six feet in length or appropriately restrained for the species other than the physical body of the person while off the premises of the owner.

§ 9-2-9 Number of animals limited.

[12-18-2007; 2016 Code]
Not more than a combined total of six dogs and cats over five months old may be maintained on any lot or residence, and there may not be more than three dogs or three cats as a part of such combination. A litter of pups or kittens may be kept for a period not exceeding five months from birth.

§ 9-2-10 Care and treatment.

[12-18-2007; 2016 Code]
(A) 
No animal shall be inhumanely confined in a manner which causes or is likely to cause pain, suffering, injury or death.
(B) 
No person shall cause unnecessary pain or suffering or unjustifiable injury or death to an animal.
(C) 
Any person owning, keeping, harboring or having custody of an animal shall provide good and wholesome food, potable water, proper shelter and protection from the weather, veterinary care when needed, and other humane care and treatment as needed.
(D) 
No animal shall be abandoned or turned loose by its owner.
(E) 
No person shall cause or permit any animal fighting.
(F) 
If an operator of a motor vehicle is involved in an accident resulting in the injury or death of a dog, cat or other animal that appears to be a pet, the operator shall immediately notify the police department.

§ 9-2-11 Noise.

[12-18-2007; 2016 Code]
No person shall own, keep, harbor or have custody of an animal that barks, whines, howls or makes sounds common to its species in an excessive, continuous or untimely fashion.

§ 9-2-12 Animal defecation.

[12-18-2007; 2016 Code]
The owner or person in control of an animal shall promptly remove and dispose of any feces in a sanitary manner deposited by such animal upon any public or private property without permission of the owner, except if the owner or person in control of the animal is blind.

§ 9-2-13 Animals in public places.

[12-18-2007; 2016 Code; 2-22-2017]
No animals shall be permitted in any city park, except Forest Prairie Park and any other park so designated by Council, or cemetery unless exempted from licensing under section 9-2-5(B) of this chapter.

§ 9-2-14 Access to the public.

[12-18-2007; 2016 Code]
No animal shall be tied, staked, or fastened in such a manner to allow the animal access to any portion of a street, alley, sidewalk, or other public place. No animal shall be tied, staked, or fastened in such a manner that may interfere with delivery persons or mail carriers during their employment.

§ 9-2-15 Injury to property by animals.

[12-18-2007; 2016 Code]
It shall be unlawful for any person owning, keeping, harboring or having custody of an animal to permit such animal to go upon any public or private 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, or to defecate or urinate thereon.

§ 9-2-16 Disturbing birds and squirrels.

[12-18-2007; 2016 Code]
The owner or person in control of an animal shall not cause the animal to injure or kill any wild birds or squirrels in the city, except under a program directed by the humane officer, police department, health department, or other government agency.

§ 9-2-17 Animals prohibited.

[12-18-2007; 2-17-2016; 2016 Code; 9-6-2016]
(A) 
Unless expressly authorized elsewhere in this code, it shall be unlawful for any person to own, keep, harbor or have custody of any of the following on any property or in any residence, household or dwelling unit within the city:
(1) 
Any farm animals, except rabbits;
(2) 
Any poisonous animal; and
(3) 
Any vicious animal.
(B) 
This section shall not apply to animals that are in the care, custody or control of a veterinary clinic, agricultural fair, 4-H Club show, display for judging purposes, performing animal exhibit, circus, commercial carnival, theatrical exhibit, public or private institution, government zoological park, or any City of Monroe employee operating in his or her official capacity.

§ 9-2-18 Wild animals.

[12-18-2007; 2016 Code; 9-6-2016]
(A) 
No person or entity shall own, keep, harbor or have custody of any wild animal.
(B) 
Ferrets, rabbits, birds, fish, nonpoisonous snakes less than six feet in length, lizards, frogs, spiders, turtles, chinchillas, hamsters, guinea pigs, gerbils, mice and rats are excluded from this section.
(C) 
This section shall not apply to animals that are in the care, custody or control of a veterinary clinic, agricultural fair, 4-H Club show, display for judging purposes, performing animal exhibit, circus, commercial carnival, theatrical exhibit, public or private institution, government zoological park, or any City of Monroe employee operating in his or her official capacity.

§ 9-2-19 Animals as prizes.

[12-18-2007; 2016 Code]
No person or entity shall offer as a prize or give away any animal in a contest, raffle or lottery, as an enticement to enter any place of business, or to exploit any animal for fundraising.

§ 9-2-20 Commercial animal establishment permit required.

[12-18-2007; 2016 Code]
(A) 
No person or entity shall operate a commercial animal establishment without first obtaining a permit.
(B) 
An application for a commercial animal establishment permit shall be made to the city clerk, and the applicant shall pay a fee before the city clerk issues a commercial animal establishment permit. No permit shall be granted without an inspection of the premises to determine compliance with this code and state law.
(C) 
The permit shall be issued for one year, commencing on January 1. Renewal applications for permits shall be made 30 days before and up to 30 days after the start of the calendar year.
(D) 
If there is a change in ownership of a commercial animal establishment, the new owner shall have the current permit transferred to his or her name upon payment of a fee.
(E) 
No permit is required of any animal shelter or government zoological park or person who sells or donates less than 10 animals per year.

§ 9-2-21 Operation of commercial animal establishments.

[12-18-2007; 2016 Code]
(A) 
Every commercial animal establishment is subject to all applicable provisions of this chapter and state law.
(B) 
Every commercial animal establishment shall be maintained in a clean and sanitary condition and not to allow any refuse or waste material to accumulate.
(C) 
Every commercial animal establishment shall have impervious, smooth and cleanable floors.
(D) 
Every commercial animal establishment shall keep and maintain records for all animals except fish for one year that fully detail the health, status and disposition of each animal that was trained, groomed, bought, sold, kenneled, or was otherwise in the custody of the establishment.
(E) 
Every commercial animal establishment permit shall be posted in a conspicuous place open to the public.
(F) 
Any animal having any disease, injury, or abnormality shall be properly isolated and treated and shall not be sold without full disclosure to the buyer of the condition of the animal.
(G) 
Upon the sale of any animal except fish, the seller shall furnish the buyer with a written statement of sale showing the date of sale, approximate age of the animal, immunization and medication type and date administered, and the names of both the seller and buyer.
(H) 
A violation of this chapter shall be cause for revocation of the commercial animal establishment permit.

§ 9-2-22 Possessing chickens.

Notes
Click hyperlink for chicken permit application.
Created: 2017-04-11|Updated: 2017-04-12
http://www.cityofmonroe.org/DocumentCenter/View/2274
[2-17-2016; 2016 Code]
No person shall, without first obtaining a permit under this section, possess any live chicken, nor construct any coop or chicken run.
(A) 
Definitions. Terms used in this section for which a definition is contained in section 5-2-1 of this code shall have the meaning set forth in section 5-2-1 of this code.
(B) 
Chickens allowed. Pursuant to a permit issued under this section a person may possess up to 6 female chickens in a coop or in a coop and connected chicken run on any lot in the city that contains only a one-family dwelling. No roosters shall be allowed to be kept under this section.
(1) 
Rear yard only. Coops and chicken runs shall be located in the rear yard. No part of the coop or chicken run shall be located in the front yard or side yard of any lot.
(2) 
Setback requirements. No part of the coop or chicken run shall be located within 10 feet of any lot line, unless the rear or side lot is contiguous to an alley in which case the coop or chicken run shall not be located within 3 feet of the lot line abutting such alley. No portion of the coop or chicken run shall be located within 25 feet of any principal structure located on any adjacent lot.
(3) 
Cleanliness. Coops and chicken runs shall be kept clean, dry, odor free and in a sanitary condition at all times in such a manner as to not disturb the use or enjoyment of adjoining property due to noise, odor or any other adverse impact.
(4) 
Construction and maintenance of coop. A coop shall have an interior enclosed area of not less than 4 square feet per chicken and a total enclosed area of not more than 24 square feet and shall be constructed from conventional building materials in a workmanlike fashion or be a pre-manufactured enclosed structure designed specifically for the keeping of urban chickens. Such coop shall be constructed and maintained in a manner that is resistant to rodents, wild birds and predators, including dogs and cats, and shall be constructed or modified in a fashion to provide a humane environment for the chickens, including adequate ventilation, adequate sun, adequate shade and adequate protection from adverse weather.
(5) 
Construction and maintenance of chicken run. A chicken run shall not exceed in size the greater of 40 square feet or one percent of the rear yard area, but in no case more than 100 square feet, and shall be constructed in a workmanlike fashion of wire normally used for the containment of chickens.
(6) 
Confinement. Between sunrise and sunset, chickens may be allowed outside of the coop in the chicken run. Chickens shall be secured within the coop between sunset and sunrise.
(C) 
Application for permit. An application for a chicken permit shall be made using forms provided by the city clerk and shall contain an accurately scaled drawing showing the location of the proposed coop and any chicken run, distances to lot lines and distances to the nearest adjoining principal structure, together with dimensions of the coop and chicken run.
(1) 
If the applicant is not the owner of the parcel, the property owner shall sign the application before a notary public certifying approval for the use of the premises for this purpose and such notary shall affix his or her seal upon the application.
(2) 
The application shall be accompanied with satisfactory evidence that the applicant has registered the proposed location with the Wisconsin department of agricultural trade and consumer protection pursuant to section 95.51 of the Wisconsin statutes and section ATCP 17 of the Wisconsin administrative code.
(3) 
A permit fee shall be paid by the applicant when the application is submitted.
(D) 
Review of application. The city clerk shall review each application to determine whether the application is complete. The city clerk may conduct such investigation into the content of the application as he or she considers necessary and shall within 10 days following the filing thereof refer such application to the building inspector for review and comment. Within 20 days following the filing of the application the city clerk shall refer such application to the license committee for review and a recommendation to the council to approve or deny the application.
(E) 
Permit year. The permit year shall be August 1 through July 31 of the succeeding year.
(F) 
Assignment of permit. No permit shall be issued, assigned, or otherwise transferred to any person other than the person to whom such permit is originally issued.
(G) 
Miscellaneous.
(1) 
All food supplies maintained for the chickens kept under this section shall be stored in a secure and rodent-proof container.
(2) 
Food meant for human consumption or scraps of such food shall only be fed to chickens within the coop and such food shall be prohibited within a chicken run.
(3) 
All waste generated by the operation of the coop or chicken run, or both, including, chicken carcasses, manure, droppings and spoiled feed, shall be properly disposed of in a sanitary manner.
(4) 
The zoning administrator or any law enforcement officer may enter a lot at any reasonable time to determine if a property is in compliance with this section.
(H) 
Penalty. A person who violates any provision of this section shall upon conviction be subject to a class 4 forfeiture for the first offense in a 12 month period, a class 3 forfeiture for the second offense in a 12 month period and a class 2 forfeiture for the third or subsequent offense in a 12 month period. A person who is convicted of more than two violations of this section in a 12 month period shall be ineligible to receive a renewal permit under this section for a period of one year after the date of the last conviction.

§ 9-2-23 Impoundment of animals.

[12-18-2007; 2016 Code]
(A) 
Any law enforcement officer or humane officer may impound an animal the officer has reasonable grounds to believe is:
(1) 
Unlicensed or untagged;
(2) 
At large;
(3) 
Abandoned or a stray;
(4) 
Rabid or has been exposed to a rabid animal;
(5) 
A vicious animal; or
(6) 
Receiving inadequate care and treatment in violation of section 9-2-10 of this chapter.
(B) 
If the humane officer or law enforcement officer impounds an animal under subsection (A) of this section with the consent of the owner, the officer shall explain how the owner may recover the animal and the procedure to be followed if the animal is not returned to its owner.
(C) 
If the humane officer or law enforcement officer impounds an animal under subsection (A) of this section without the consent of the owner, the officer shall promptly notify the owner in writing if the owner can be identified and located with reasonable effort. The notice shall explain the procedure by which the owner may recover the animal and the procedure to be followed if the animal is not returned to its owner.
(D) 
Whenever an animal bites a person, the humane officer or law enforcement officer shall inform the owner that the animal shall be quarantined for at least 10 days, during which time the animal shall be examined by a veterinarian.
(1) 
If the animal has a current rabies immunization, the animal may remain on the owner's premises. If the animal has no current rabies immunization, the animal will be quarantined at an isolation facility and will be released from quarantine at the end of the 10 day observation period if there are no signs of rabies.
(2) 
If an animal exhibits symptoms of rabies during quarantine, the owner shall be notified and the animal shall be killed by a law enforcement officer or veterinarian in a humane manner. All actions shall be under state law.
(3) 
The owner is responsible for all expenses of quarantine and if the owner is unknown, the city is responsible for those expenses.
(E) 
A person must report to the humane society, humane officer or the city police or health department the existence of an animal which is known or suspected to be infected with rabies.

§ 9-2-24 Release from impound.

[12-18-2007; 2016 Code]
(A) 
The humane society may release a dog or cat to its owner or a representative under the following conditions:
(1) 
The owner of the dog or cat or representative provides his or her name and address;
(2) 
The owner or representative shows proof of dog licensing or shows prepayment of dog licensing, and that the dog or cat is vaccinated against rabies or prepayment of rabies vaccination from a licensed veterinarian;
(3) 
The owner or representative pays the humane society an impoundment fee plus a boarding fee for each day or fraction of a day that a dog or cat is impounded. The boarding fee may not exceed the actual average daily cost for boarding and caring for the dog or cat; and
(4) 
If a law enforcement officer or Humane Officer ordered the impoundment and withholding of the animal, the law enforcement officer or Humane Officer agrees to the release.
(B) 
The Humane Society may release a dog or cat to a person other than the owner under the following conditions:
(1) 
The owner is unknown or does not claim the dog or cat within seven days after the dog or cat has been impounded;
(2) 
The person to whom the dog or cat is released provides his or her name and address, and pays the boarding and impoundment fee, if required;
(3) 
The person to whom a dog is released shows proof of licensing or shows prepayment of licensing, and shows proof of rabies vaccination or prepayment of rabies vaccination from a licensed veterinarian; and
(4) 
The person to whom a cat is released shows proof of rabies vaccination or prepayment of rabies vaccination from a licensed veterinarian.

§ 9-2-25 Rabies quarantine.

[12-18-2007; 2016 Code; 2-7-2017]
(A) 
If a ward or other area is quarantined for rabies, all dogs and cats within the city 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 city clerk shall promptly post in at least three public places in the city notices of quarantine.
(B) 
A dog or cat which is immunized against rabies, as evidenced by a rabies vaccination tag or substitute tag attached to the collar of the dog or cat is exempt from the city quarantine provisions of subsection (A) of this section.

§ 9-2-26 Revocation and inspection.

[12-18-2007; 2016 Code]
(A) 
Any person whose permit or license is revoked shall, within 10 days following such revocation, humanely dispose of all animals owned, kept or harbored.
(B) 
Inspection of the premises of a permit or license holder may be made by a city official designated by resolution of the council or the humane officer to determine compliance with this chapter.

§ 9-2-27 Enforcement.

[12-18-2007; 2016 Code]
(A) 
An owner of a licensed cat found to be at large in the city shall upon conviction be subject to a class 5 forfeiture upon proof of license.
(B) 
Except as expressly provided, a person who violates any provision of this chapter shall upon conviction be subject to a class 4 forfeiture. A separate offense exists for each calendar day during which a violation occurs or continues.