[12-18-2007; 2-17-2016; 2016 Code]
In this chapter:
Means any a) living warm-blooded creature, except a human
being; b) reptile; c) fish; or d) amphibian.
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.[1]
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.
Means a domestic chicken of the subspecies Gallus gallus
domesticus.
Means a fenced enclosure attached to a coop.
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.
Means a new or existing enclosed accessory structure designed
or modified for the keeping of chickens and meeting the requirements
of this section.
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.
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.
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.
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.
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.
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.
Means an animal that is kept for pleasure rather than utility.
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.
Means a male chicken of any age, including a capon or otherwise
neutered male chicken.
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.
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.
[1]
Editor's Note: The former definition of "at large," which
immediately followed this definition, was repealed 8-1-2022.
[12-18-2007; 2016 Code; 10-15-2018]
(A)Â
Except as expressly provided otherwise in this chapter, all licenses
and permits shall be issued by the City Clerk. The City Clerk or
its designee shall review each complete application to determine whether
the applicant has adequately demonstrated that the applicant has complied
with those items set forth in this chapter and may conduct such investigation
into the content of the application as considered necessary. If the
City Clerk or its designee determines that the application should
be approved, then the license application shall be placed on the Council’s
consent agenda for final approval. If the City Clerk or its designee
determines that the application should not be approved, the City Clerk
or designee may administratively deny such application or refer the
application to the appropriate committee to consider such application.
Failure by the City Clerk or its designee to approve or deny an application
within 30 days of submission shall be considered a denial, unless
such action has already been referred to the appropriate committee.
Any denial by the City Clerk or its designee may be appealed to the
appropriate committee for review as long as such appeal has been made
in writing to the City Clerk within 30 days of the notice of denial.
(B)Â
All license, permit and related fees in this chapter shall be set
by resolution of the Council.
[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.
[12-18-2007; 2016 Code]
(A)Â
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)Â
Written proof of neutering or spaying shall accompany the application
to qualify for reduced license fees.
(C)Â
The license shall be issued for one year, commencing on January 1,
and is not transferable.
(D)Â
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)Â
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.
[12-18-2007; 2016 Code]
(A)Â
No license shall be required of any animal kept at an animal shelter.
(B)Â
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.
[12-18-2007; 2016 Code]
(A)Â
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)Â
The license shall remain effective for the life of the cat and is
not transferable.
(C)Â
An untagged cat at large in the city shall be considered a stray.
[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.
[12-18-2007; 2016 Code; 7-5-2017; 8-1-2022]
Except as provided otherwise in § 11-3-3 of the Monroe Code regarding dog park regulations, no person owning, keeping, harboring or having custody of an animal shall allow it to run at large within the City. Animals shall be deemed to be running at large when found or observed on any of the public streets, alleys, parks, other public property or on private property to which the owner has not consented, except that an animal shall not be deemed running at large if under the control of the owner or person in possession of the animal held on a leash not more than 6 feet in length.
[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.
[12-18-2007; 2016 Code]
(A)Â
No animal shall be inhumanely confined in a manner which causes or
is likely to cause pain, suffering, injury or death.
(B)Â
No person shall cause unnecessary pain or suffering or unjustifiable
injury or death to an animal.
(C)Â
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)Â
No animal shall be abandoned or turned loose by its owner.
(E)Â
No person shall cause or permit any animal fighting.
(F)Â
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.
[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.
[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.
[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.
[12-18-2007; 2016 Code; 8-1-2022]
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.
[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.
[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.
[12-18-2007; 2-17-2016; 2016 Code; 9-6-2016]
(A)Â
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:
(B)Â
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.
[12-18-2007; 2016 Code; 9-6-2016]
(A)Â
No person or entity shall own, keep, harbor or have custody of any
wild animal.
(B)Â
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)Â
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.
[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.
[12-18-2007; 2016 Code]
(A)Â
No person or entity shall operate a commercial animal establishment
without first obtaining a permit.
(B)Â
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)Â
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)Â
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)Â
No permit is required of any animal shelter or government zoological
park or person who sells or donates less than 10 animals per year.
[12-18-2007; 2016 Code]
(A)Â
Every commercial animal establishment is subject to all applicable
provisions of this chapter and state law.
(B)Â
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)Â
Every commercial animal establishment shall have impervious, smooth
and cleanable floors.
(D)Â
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)Â
Every commercial animal establishment permit shall be posted in a
conspicuous place open to the public.
(F)Â
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)Â
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)Â
A violation of this chapter shall be cause for revocation of the
commercial animal establishment permit.
[2-17-2016; 2016 Code; 6-5-2018; 2-6-2023]
No person shall, without first obtaining a permit under this
section, possess, own, harbor, keep or permit any live chicken or
rabbit.
(B)Â
Chickens allowed: Pursuant to a permit issued under this section
a person may possess, own, harbor, keep or permit up to six 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.
(C)Â
Rabbits allowed: Pursuant to a permit issued under this section,
a person may possess, own, harbor, keep or permit, no more than two
breeding age bucks and four breeding age does at any one time. Breeding
age is defined as rabbits six months of age and older. Rabbits not
used as breeding stock shall be slaughtered/harvested before they
reach the age of four months.
(D)Â
Coops, chicken runs, pens, cages or other enclosures: All coops and
chicken runs for chickens and any cage, hutch, pen or other building
used for the housing, keeping or maintaining rabbits, shall apply
with the following requirements:
(1)Â
Rear yard only: All housing structures shall be located in the
rear yard. No part of the housing structure shall be located in the
front yard or side yard of any lot.
(2)Â
Setback requirements: No part of the housing structure 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 housing structure
shall not be located within three feet of the lot line abutting such
alley. No portion of the housing structure shall be located within
25 feet of any principal structure located on any adjacent lot.
(3)Â
Cleanliness: All housing structures 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)Â
Construction and maintenance of coop: A coop shall have an interior
enclosed area of not less than four 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 premanufactured 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)Â
Construction and maintenance of chicken run: A chicken run shall
not exceed in size the greater of 40 square feet or 1% 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)Â
Construction and maintenance of structure for rabbits: All cages,
hutches or structures used for housing, keeping or maintaining rabbits
shall be premanufactured or constructed from conventional building
materials in a workmanlike fashion. All structures shall be 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 rabbits, including
adequate ventilation, adequate sun, adequate shade, and adequate protection
from adverse weather and meet the following minimum floor and height
sizes.
|
Appropriate Cage Size For Weaned Rabbits
| ||
|---|---|---|
|
Individual Weight
|
Minimum Floor Space
|
Minimum Interior Height
|
|
Less than 4.4 pounds
|
1.5 square feet
|
14 inches
|
|
4.4 to 8.8 pounds
|
3 square feet
|
14 inches
|
|
8.8 to 11.9 pounds
|
4 square feet
|
14 inches
|
|
Greater than 11.9 pounds
|
5 square feet
|
14 inches
|
|
Appropriate Cage Size For Nursing Rabbits and Litter
| ||
|---|---|---|
|
Individual Weight of Nursing Female
|
Minimum Floor Space
|
Minimum Interior Height
|
|
Less than 4.4 pounds
|
4 square feet
|
14 inches
|
|
4.4 to 8.8 pounds
|
5 square feet
|
14 inches
|
|
8.8 to 11.9 pounds
|
6 square feet
|
14 inches
|
|
Greater than 11.9 pounds
|
7.5 square feet
|
14 inches
|
(7)Â
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.
(E)Â
Application for permit: An application for a chicken and rabbit 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, or rabbit housing structure, distances to
lot lines and distances to the nearest adjoining principal structure,
together with dimensions of the coop and chicken run, or rabbit housing
structure.
(1)Â
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)Â
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)Â
A permit fee shall be paid by the applicant when the application
is submitted.
(F)Â
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.
(G)Â
Permit year: The permit year shall be August 1 through July 31 of
the succeeding year.
(H)Â
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.
(I)Â
Miscellaneous:
(1)Â
All food supplies maintained for the chickens and rabbits kept
under this section shall be stored in a secure and rodent-proof container.
(2)Â
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)Â
All waste generated by the operation of the coop or chicken
run or rabbit housing structure, or both, including, chicken and rabbit
carcasses, manure, droppings and spoiled feed, shall be properly disposed
of in a sanitary manner.
(4)Â
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.
(5)Â
Chickens and rabbits may not be raised for sale or for any commercial
purposes. All eggs, meat, offspring and byproducts, must be consumed/used
by the family members living at the primary residence or may be given
away or otherwise properly disposed in accordance with the laws of
the State of Wisconsin.
(J)Â
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 twelve-month period, a class 3 forfeiture for the second offense
in a twelve-month period and a class 2 forfeiture for the third or
subsequent offense in a twelve-month period. A person who is convicted
of more than two violations of this section in a twelve-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.
[12-18-2007; 2016 Code]
(A)Â
Any law enforcement officer or humane officer may impound an animal
the officer has reasonable grounds to believe is:
(B)Â
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)Â
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)Â
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)Â
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)Â
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)Â
The owner is responsible for all expenses of quarantine and
if the owner is unknown, the city is responsible for those expenses.
(E)Â
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.
[12-18-2007; 2016 Code]
(A)Â
The humane society may release a dog or cat to its owner or a representative
under the following conditions:
(1)Â
The owner of the dog or cat or representative provides his or
her name and address;
(2)Â
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)Â
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)Â
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)Â
The Humane Society may release a dog or cat to a person other than
the owner under the following conditions:
(1)Â
The owner is unknown or does not claim the dog or cat within
seven days after the dog or cat has been impounded;
(2)Â
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)Â
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)Â
The person to whom a cat is released shows proof of rabies vaccination
or prepayment of rabies vaccination from a licensed veterinarian.
[12-18-2007; 2016 Code; 2-7-2017]
(A)Â
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)Â
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.
[12-18-2007; 2016 Code]
(A)Â
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)Â
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.
[12-18-2007; 2016 Code]
(A)Â
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)Â
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.
