[HISTORY: Adopted by the Town Board of the Town of Winneconne as indicated in article histories. Amendments noted where applicable.]
[Adopted 10-20-1994 as §§ 11.02 and 11.10 of the 1994 Code]
Whenever any of the following terms are used in this article, such terms shall be deemed and construed to have the meaning ascribed to them as follows:
- CAT KENNEL
- A place where two or more cats are kept for purposes of sale, resale or boarding.
- DENSELY POPULATED AREA
- Any area within the Town where, on either side of any public highway, street or alley, within 1,000 feet along such highway, the buildings in use for residential purposes fronting thereon average not more than 250 feet apart.
- DOG KENNEL
- A place where two or more dogs are kept for purposes of sale, resale or boarding.
No person, other than a person operating a farm of five acres or more in area, shall keep, maintain or harbor within the limits of any densely populated area within the Town as defined in § 112-1 any horse, cow, bull, steer, heifer, calf, sheep, goat, hog, captive wild animal, poultry, fowl, wild fowl in captivity, chickens, rabbits, mink or any other fur-bearing animal, except cats and dogs.
Nothing contained in this article shall prohibit the keeping of dogs and cats as pets in a densely populated area; provided, however, that no dog or cat kennel shall be permitted in densely populated areas as provided in § 112-4.
No person shall keep a dog kennel or raise cats or dogs for sale within a densely populated area.
The keeping of any horse, cow, bull, steer, heifer, calf, sheep, goat, hog, captive wild animal, poultry, fowl, wild fowl in captivity, chickens, rabbits, mink or any other fur-bearing animal, except cats and dogs, in any densely populated area in the Town contrary to the provisions of this article and the maintaining of any dog or cat kennel in violation of § 112-4 above is hereby declared to be a nuisance and may be enjoined in an appropriate action by any resident of the Town.
[Adopted 10-20-1994 as § 12.06 of the 1994 Code]
Every person, pursuant to Ch. 174, Wis. Stats., and this article, residing in the Town who owns a dog that on January 1 is at least five months old shall annually seek and obtain a dog license for his dog from the Town. The fee for the license shall be established annually by the Town Board, prior to January 1. The license year shall be from January 1 through December 31. Late fees shall be charged by the Town if the license is not purchased by April 1 or is not purchased within 30 days of bringing the dog into the Town or acquiring ownership of a licensable dog or if the owner failed to obtain a license on or before the dog reached licensable age.
The application for the dog license shall include:
A certificate of inoculation from a qualified veterinarian showing that the dog has been inoculated for rabies and distemper within two years of the application.
The name of the owner.
The address of the owner.
The business and residential telephone number of the owner, if any.
The current records of the owners.
The name of the dog.
The sex of the dog.
Whether the dog is spayed or neutered.
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 Treasurer upon application.
Every owner of a dog in the Town shall comply with Ch. 174, Wis. Stats., and this article.
No person shall allow his dog to run at large in the Town beyond the property owned or leased by him, unless the dog is accompanied by and is under his control or the control of another person.
No person shall own or keep any dog in the Town unless the dog is wearing a valid Town license tag attached to its collar.
No person shall own or keep any dog in the Town that:
Any officer may and a Town police officer shall attempt to capture and restrain any dog running at large and any untagged dog. The officer shall deliver dogs impounded by him to the facility contracted with by the Town to be held and disposed of. Possession of dogs impounded under this article may be obtained by contacting that facility and paying their required redemption fee. In addition, the owner or keeper shall reimburse the Town for any out-of-pocket costs reasonably incurred by the Town, including fees charged to the Town by the contracted facility.
The Town Board has by this article and pursuant to §§ 174.06 and 174.065, Wis. Stats., named the Town Treasurer the listing official and collection official to list the dogs of the Town and collect the tax.
The Town Board does not permit access to or use of any Town public building and Town public parks and recreation areas by any dog or other domestic animal, except seeing eye dogs or other animals used to assist the visually handicapped.
Section 95.21, Wis. Stats., is hereby incorporated by reference and made a part of this article. Any provisions of this article shall be read in conjunction with § 95.21, Wis. Stats.; however, it is the intent to make this article more restrictive pursuant to § 95.21(9).
No person shall keep more than five domestic dogs over six months of age in any household in any area of the Town zoned for agricultural purposes. In all other areas of the Town no more than two dogs shall be kept in any household, unless a kennel permit has been issued by both the County of Winnebago and the Town under this article.
The Town Board may grant kennel permits after a public hearing before the Town Board.
Any person owning, keeping, possessing or harboring a dog who houses or confines the animal in a pen or enclosure shall keep and maintain the pen or enclosure in a clean, sanitary and odor-free condition. The Town Police shall be responsible for the enforcement of this section.
No person shall be cruel or inhumane to any animal by beating, torturing, mutilating, cruelly killing, failing to provide adequate food, drink and shelter or by abandonment.
The provisions of Ch. 174, Wis. Stats., are adopted by reference and made a part of this article to the extent applicable and not inconsistent with this article.
If the owner of a dog negligently or otherwise violates §§ 112-11 and 112-12 of this article, the owner shall forfeit not less than $25 nor more than $100 for the first offense and not less than $50 nor more than $200 for subsequent offenses. These penalties are in addition to the charges set forth in § 112-14.
A first violation of any provision of sections other than §§ 112-11 and 112-12, except where a specific penalty is otherwise set forth herein, shall be subject to a forfeiture of not less than $25 nor more than $200, together with the costs of prosecution, and in default of the payment of any such forfeiture and costs of prosecution such person shall be committed to the county jail until such forfeiture and costs are paid, but not exceeding 90 days.
Any person violating this article who shall previously have been convicted of a violation of the same nature shall, upon proof and conviction thereof, be subject to a forfeiture of not less than $50 nor more than $300, together with the costs of prosecution, and in default of the payment of any such forfeiture and costs of prosecution shall be committed to the county jail until such forfeiture and costs of prosecution are paid, but not to exceed 90 days. These penalties are in addition to the charge set forth in § 112-14.