[HISTORY: Adopted by the Common Council of
the City of Burlington 1-5-1988 by Ord. No. 1203(25) as Ch. 14 of
the 1988 Code. Amendments noted where applicable.]
As used in this chapter, the following terms
shall have the meanings indicated:
Any feline, regardless of age or sex.
An endeavor undertaken with the view of selling some of the
products.
Any canine, regardless of age or sex.
Protection from the direct rays of the sun during the months
of June through September.
As it applies to dogs, a moistureproof structure of suitable
size to accommodate the dog and allow retention of body heat, made
of durable material with a solid floor raised at least two inches
from the ground and with the entrance covered by a flexible, windproof
material. Such structure shall be provided with a sufficient quantity
of suitable bedding to provide insulation and protection against cold
and dampness.
Any animal which has previously attacked or bitten any person
or which has behaved in such a manner that the person who harbors
the animal knows or should reasonably know that the animal tends to
attack or bite persons.
Any live monkey or ape, raccoon, skunk, fox, snake, or other
reptile, leopard, panther, tiger, lion, lynx or any other animal or
any bird of prey which can normally be found in the wild state.
A.
Animals prohibited. Except as otherwise provided in
this Municipal Code, no person shall keep within the City any cattle,
cows, horses, sheep, swine, goats, chickens, ducks, turkeys, geese,
or other livestock.
[Amended 1-7-2003 by Ord. No. 1707(21)]
B.
Exceptions. This prohibition shall not apply in areas
of the City that are zoned agriculture in nature nor to livestock
brought into the City for the purpose of being shipped out of the
City.
[Amended 11-18-2003 by Ord. No. 1740(20)]
D.
Special permits. The keeping of animals, birds or
fowl otherwise prohibited by this Code may be permitted by applying
for a special permit from the Common Council. Such permits may be
issued to permit circus performances or other public exhibition or
entertainment events. A fee as set by the Common Council shall be
paid to the City for issuance of such permit.[2] The exemptions listed in Chapter 100, § 100-1 of this Municipal Code shall also be considered exemptions to the permit requirement in this subsection.
[Amended 11-18-2003 by Ord. No. 1740(20)]
[2]
Editor's Note: See Fee Schedule on file at
the City Clerk's office.
Every owner of a 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 within 30 days from the date such dog becomes
five months of age, in the manner provided by law for the payment
of personal property taxes, pay a dog license tax and obtain a license
therefor as provided by §§ 174.05 and 174.07, Wis.
Stats. The license year shall commence on January 1 and end on the
following December 31. Such dog license tax shall be as set by the
Common Council.[2] An increased fee shall be paid by persons purchasing dog licenses after April 1 or more than three months after such dog becomes five months of age. Each applicant for a dog license shall present a valid certificate of vaccination in accordance with § 104-5 before being issued a license.
[Amended 11-18-2003 by Ord. No. 1740(20)]
Every owner of a cat more than five months of
age on January 1 of any year, or five months of age within the license
year, shall annually, or within 30 days from the date such cat becomes
five months of age, obtain a license for each cat from the City Hall.
The license year shall commence on January 1 and end on the following
December 31. Such cat license tax shall be as set by the Common Council.[1] An increased fee shall be paid by persons purchasing cat licenses after April 1 or more than three months after such cat becomes five months of age. Each applicant for a cat license shall present a valid certification of vaccination in accordance with § 104-5 before being issued a license. All funds received from cat licenses shall be paid into the general fund of the City.
[1]
Editor's Note: See Fee Schedule on file at
the City Clerk's office.
[Amended 11-18-2003 by Ord. No. 1740(20)]
A.
Required. Every dog and/or cat owner shall have such
dog or cat vaccinated against rabies by a veterinarian so that such
vaccination is current for the license year commencing January 1 and
ending December 31.
B.
Exceptions. Dogs and cats under five months of age
and any dog or cat for which a veterinarian licensed by the state
issues a certificate to the effect that the proposed inoculation will
be harmful shall not be required to be so inoculated.
C.
Duties of veterinarian. A veterinarian licensed by
the state shall provide a certificate and tag for each dog vaccinated
as provided by § 95.21, Wis. Stats., or cat vaccinated and
shall keep a copy of the certificate in his or her files. The certificate
shall bear the owner's name and address, the name, sex, spayed or
unspayed, neutered or unneutered, breed and color of the dog or cat,
the date of the vaccination, the type of rabies vaccine administered
and the manufacturer's serial number, the date that the immunization
expires, and the municipality where the dog or cat is required to
be licensed. The tag shall be of a 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.
D.
Duties of owner. The owner of a dog or cat vaccinated
under this section shall immediately attach the rabies immunization
tag issued by the veterinarian to the dog's or cat's collar.
E.
Untagged cats and dogs. No person shall harbor or keep any cat or dog which does not have the tags as described in Subsection D.
F.
Impoundment.
(1)
Unlicensed animals. In addition to the penalties set forth in § 104-19, any City police officer or any person designated by the Chief of Police shall impound any dog or cat which does not carry the tags as provided above.
(2)
Payment of fee. The owner of a dog or cat that has been impounded or seized may reclaim possession of such dog or cat by paying an impoundment fee in accordance with § 104-8D(3) and the reasonable costs of keeping such dog or cat during impoundment.
(3)
Proof of inoculation. The dog or cat shall not be
released until proof has been furnished to the police officer that
the animal has been inoculated in accordance with this section.
(4)
Disposal of unclaimed animals. If the dog or cat is
not claimed within seven days of impoundment, the animal may be disposed
of pursuant to § 173.23, Wis. Stats. Notice of impoundment
shall be given by the person or officer possessing such animal to
the owner within 24 hours if the owner is known.
A.
Damage to property. No cat or dog owner shall allow
the same to go upon any sidewalk, parkway or private lands or premises
without the permission of the property owner or break, bruise, tear
up, crush or injure any lawn, flower bed, plant, shrub, tree or garden
in any manner or defecate thereon.
B.
Animal wastes. No cat or dog owner shall allow the
same to be on any public or private property, not owned or possessed
by such person, unless he has a device to scoop up excrement and an
appropriate depository to put such excrement in. This shall not apply
to visually or physically handicapped persons.
Pens and other structures in which animals are
kept shall be constructed so as to be easily cleaned and kept in good
repair.
A.
Prohibited. No dog or cat owner shall allow the same
to run at large, defined as the presence of a dog or cat at any place
except upon the premises of the owner. A dog or cat that is leashed
and under control of a person physically able to handle it shall not
be considered running at large. A dog that is off-leash and within
the fenced area of a dog park shall not be considered running at large.
[Amended 11-20-2007 by Ord. No. 1849(22)]
B.
Cemeteries. No dog or cat shall be permitted in a
cemetery.
D.
Impoundment.[2]
(1)
Whenever any police officer or other person designated
by the Chief of Police captures any dog or cat running at large, he
shall impound the animal in a place as the Chief of Police may direct.
(2)
If the animal bears an identification mark, the owner shall be notified within 24 hours. Animals shall be held for at least seven days, except the owner of the animal may reclaim possession of the animal by paying the costs and fees set forth in Subsection D(3) and providing proof of the required vaccinations. If the animal is suspected of rabies, it shall be handled as provided by state law. Cats are not required to be held unless suspected of rabies, in which case they shall be held for seven days.
(3)
After seven days, the animal may be disposed of pursuant
to § 173.23, Wis. Stats., unless reclaimed by the owner,
who shall pay the reasonable cost of custody, care, required vaccinations
and licensing of the animal, along with an impoundment fee as set
by the Common Council.[3]
[3]
Editor's Note: See Fee Schedule on file at
the City Clerk's office.
[Amended 5-20-2003 by Ord. No. 1722(2)]
No person shall knowingly keep or harbor any
animal which habitually barks, cries, howls, yelps or otherwise makes
noise that materially disturbs or annoys another. "Habitually" shall
be defined herein as customarily, frequently and repeatedly. A citation
may be issued to the animal's owner or to the person keeping or harboring
the animal upon a complaint by a member of the public or upon a police
officer's observation of a violation.
A.
Findings. The keeping of an unlimited number of dogs
and cats in the City for a considerable period of time detracts from
and in many instances is detrimental to the healthful and comfortable
life for which such areas were created. The keeping of an unlimited
number of cats and dogs is a public nuisance.
B.
Number of animals limited.
(1)
No person shall keep more than five dogs or five cats
within the City, with the exception that a litter of pups or a litter
of kittens, or a portion of a litter, may be kept for no more than
five months from birth.
(2)
The provisions of this Subsection B shall not apply to any establishment where dogs or cats are kept for breeding, sale, sporting purposes or boarding; however, the applicable provisions of Subsection C, Kennels, § 104-12, Keeping birds and animals commercially, and Chapter 315, Zoning, shall apply.[1]
C.
Kennels. In the areas where kennels as defined in
§ 173.40(1)(e), Wis. Stats., are permitted, no kennel shall
be located closer than 100 feet to the boundary of the nearest adjacent
residential lot.
A.
Prohibited. No person shall willfully or maliciously
inflict unnecessary or needless cruelty, torture, or abuse or cruelly
beat, strike or abuse any animal or by an act, omission or neglect
cause or inflict any unnecessary or unjustifiable pain, suffering,
injury or death to any animal, whether such animal belongs to such
person or to another, except that reasonable force may be employed
to drive vicious or trespassing animals. Any unwanted animals should
be delivered to the Humane Society for proper disposal.
B.
Food and shelter. No person in charge of any animal
shall fail, refuse or neglect to provide such animal with food, potable
water, shade or shelter, or cruelly or unnecessarily expose any such
animal in hot, stormy, cold or inclement weather, or carry any such
animal in or upon any vehicle in a cruel or inhumane manner.
[Amended 11-18-2003 by Ord. No. 1740(20); 12-7-2021 by Ord. No. 2074(10)]
No person shall keep in the City a chicken coop,
dove cote, dog kennel, rabbit warren or other establishment where
birds and animals are kept for commercial purposes without a license
therefor. The license fee shall be as set by the Common Council[1] and payable each January 1.
[1]
Editor's Note: See Fee Schedule on file at
the City Clerk's office.
No person shall injure or destroy any birds
or throw stones, shoot at or use any implements with the intention
of killing or injuring any bird within the City.
A.
Prohibited. Pigeons which are allowed by their owners
to roost or linger on the property or buildings of others pose a health
hazard in addition to offending aesthetic senses by pigeon contamination.
Such lingering or roosting is a public nuisance.[1]
B.
Complaints. Whenever a verified complaint of at least
two citizens is presented to the Police Department alleging that a
person is allowing pigeons to linger upon the property of the complainants,
the Police Department shall inform the owner of such pigeons that
such petition has been received and shall cite the owner of the pigeons
for the violation alleged in the petition.
A.
Restrictions. No person shall establish or maintain
any hive, stand or box where bees are kept or keep any bees in or
upon any premises within the City unless the bees are kept in accordance
with the following provisions:
(1)
If bee colonies are kept within 50 feet of any exterior
boundary of the property on which the hive, stand, or box is located,
a barrier that will prevent bees from flying through it no less than
five feet shall be installed and maintained along such exterior boundary.
The barrier may either be a plant or artificial.
(2)
Fresh, clean watering facilities for bees shall be
provided on the premises.
(3)
The bees and equipment shall be kept in accordance
with the laws of the state.
[Amended 11-18-2003 by Ord. No. 1740(20)]
B.
Exceptions. Nothing in this section shall be deemed
or construed to prohibit the keeping of bees in a hive, stand or box
located or kept within a school or university building for the purpose
of study or observation.
A.
Prohibited. No person shall keep or permit to be kept
on his premises any wild or vicious animal for display or for exhibition
purposes, whether gratuitously or for a fee. This section shall not
apply to zoological parks, performing animal exhibitions, or circuses.
B.
Wild animals. No person shall keep or permit to be
kept any wild animal as a pet, unless a permit is granted by the Department
of Natural Resources and by the Common Council.
[Amended 11-18-2003 by Ord. No. 1740(20)]
C.
Vicious animals. No person shall harbor or keep a
vicious animal within the City. Any animal which is found off the
premises of its owner may be seized by any police officer or humane
officer, and upon establishment, to the satisfaction of any court
of competent jurisdiction, of the vicious character of the animal,
it may be killed by a police officer or humane officer. This subsection
shall not apply to animals under the control of a law enforcement
or military agency, nor to animals which are kept for the protection
of property, provided that such animals are restrained by a leash
or chain, cage, fence, or other adequate means from contact with the
general public or with persons who enter the premises with the actual
or implied permission of the owner or occupant.
D.
Temporary permits. The licensing authority may issue
a temporary permit for the keeping, care and protection of any infant
animal native to this area which has been deemed to be homeless.
A.
Reporting bites. Anyone having knowledge or reason
to believe that any animal in the City has bitten a person shall report
within 24 hours, so far as is known, the name and address of the owner
and circumstances of the animal. Such report concerning bites shall
be made to the Police Department.
B.
Control.
[Amended 11-18-2003 by Ord. No. 1740(20)]
(1)
Whenever any domesticated animal has bitten a person,
it shall be confined in such place as the Police Department may direct
and for such period of observation as may be necessary, unless the
animal is too vicious and dangerous to be impounded safely, in which
case it may be killed and the head shipped to the State Laboratory
of Hygiene for rabies examination, pursuant to § 95.21,
Wis. Stats.
(2)
Whenever a wild animal has bitten a person, it shall
be killed, avoiding damage to the head (brain) area, and shipped to
the State Laboratory of Hygiene under refrigeration, but not frozen,
for rabies examination, pursuant to § 95.21, Wis. Stats.
A.
Restricted. No person shall erect, place, maintain
or continue any pen, coop, yard or other building upon any lot or
ground in the City for the purpose of confining or housing any domestic
animal or bird unless the same is at least 25 feet away from any dwelling,
house, apartment, hotel, restaurant, food or drinking establishment
or rooming house, school, church, or any building wherein people are
employed and unless the floor of such building or coop is constructed
of such material and in such a manner that it can be kept clean and
sanitary at all times and unless the location of such shall be authorized
by the Health Officer.
B.
Buildings and coops. All coops and other buildings
wherein domesticated animals and birds are kept shall be provided
with flytight bins or other tightly closed receptacles for manure,
of dimensions sufficient to contain all accumulations of manure to
prevent its becoming a nuisance. No manure shall be allowed to accumulate
on the floor or on adjacent ground.
