All structures, pens, buildings, stables, coops,
or yards wherein animals or fowl are kept shall be maintained in a
clean and sanitary condition, including, without limitation, free
of rodents, vermin, and objectionable odors.
[Added 11-17-2009 by Ord. No. 2009-06]
A. Statutory
authority. Pursuant to § 60.22(3), Wis. Stats., the Town
Board of the Town of Buchanan hereby regulates the keeping of farm
animals in certain areas in the Town of Buchanan as described herein.
B. Purpose.
The purpose of this section is to regulate the keeping of farm animals
within certain areas in the Town of Buchanan for the public interest,
welfare and health.
C. Definitions.
As used in this section, the following terms shall have the meanings
indicated:
FARM ANIMALS
Horses, donkeys, cows, pigs, goats, sheep, ducks, geese,
turkeys, chickens, roosters, llamas and alpacas, regardless of animal
size or age. Farm animals shall also include other livestock or animals
kept for profit, for hobby, for labor or for food or fiber which are
not customary and usual house pet animals (dog, cat, etc.) maintained
within the primary residential structure.
OWNER
Includes owner, owners, tenants, lessees and/or occupants.
D. Restrictions
on farm animals. No farm animal shall be raised, harbored, cared for
or provided for on any parcel of land in the Town of Buchanan in the
following areas:
(1) Within
the boundaries of the Darboy Joint Sanitary District No. 1.
(2) Within
any platted subdivision.
(3) Within
any residential zoned area.
(4) On
any parcel of land less than three acres in size.
E. Horses/ponies:
(1) If
otherwise permitted in the section, one horse or pony shall be permitted
on a parcel of land at least three acres or more in size.
(2) One
additional horse or pony shall be permitted for each additional acre.
F. Special exceptions. Farm animals may be kept in areas as set forth in Subsection
D if a special exception is granted. The special exception shall be granted in accordance with the provisions of Chapter
525, Zoning, Article
XIII, Special Exceptions. The procedure set forth in said article shall be followed.
G. Penalty. The Town of Buchanan does hereby determine that the keeping of said animals in the areas described in Subsection
D above is a nuisance. Any person violating this section shall be notified at
the address shown on the address maintained by the Town of Buchanan
for real estate tax purposes, by certified or registered mail or service,
as provided in § 801.11, Wis. Stats., to remove the farm
animal or animals within five days of the date of mailing or service.
If the farm animal or animals are not removed within said period,
upon conviction, the Town shall assess a penalty of $50 plus costs
and the cost of prosecution. Each day of violation shall be considered
a separate offense. Further, the Town may proceed in the Circuit Court
for Outagamie County to obtain an injunction removing said farm animal
or animals. Upon the issuance of an order for removal of said farm
animal or animals, the farm animal or animals may be removed, relocated
or destroyed at the Town's sole discretion, and the costs of removal,
relocation and/or destruction shall be assessed upon the owner of
the real estate on which the farm animal or animals were located.
The Town of Buchanan shall further be entitled to collect all fees
and costs, including attorneys' fees, incurred in enforcing this section.
H. Effect
on preexisting animals.
(1) Any
farm animal or animals lawfully located on any parcel of land at the
effective date of this section, which are not permitted by the provisions
of this section, shall be permitted and deemed "grandfathered." However,
such violation may not be expanded with additional farm animals, such
that at no time shall the number of farm animals located on any such
parcel exceed the number of farm animals located thereon at the effective
date of this section.
(2) When
the owner of any parcel of land containing a farm animal or animals
which have been permitted and grandfathered no longer has a farm animal
or animals located thereon for six consecutive months or more, such
parcel of land shall thereafter be required to comply with the requirements
of this section.