[HISTORY: Adopted by the City Council of
the City of Weyauwega 5-21-2001 by Ord. No. 2001-01 as Title 7, Ch. 1
of the 2001 Code. Amendments noted where applicable.]
In this chapter, unless the context or subject matter otherwise
requires, the following terms shall have the meanings indicated:
Mammals, reptiles and birds.
To be off the premises of the owner and not under the control
of some person either by leash or otherwise, but a dog within an automobile
of its owner, or in an automobile of any other person with the consent
of the owner of said dog, shall be deemed to be upon the owner's premises.
[Amended 7-19-2010 by Ord. No. 2010-02]
Any feline, regardless of age or sex.
Causing unnecessary and excessive pain or suffering or unjustifiable
injury or death.
Any canine, regardless of age or sex.
Any warm-blooded animal normally raised on farms in the United
States and used for food or fiber.
Has that meaning as appears in § 967.02(5), Wis.
Stats., and includes a humane officer under § 173.03, Wis.
Stats., but does not include a conservation warden appointed under
§ 23.10, Wis. Stats.
As used herein as describing a dog or cat shall mean a dog
or cat having nonfunctional reproductive organs.
Any person owning, harboring or keeping a dog and the occupant
of any premises on which a dog remains or to which it customarily
returns daily for a period of 10 days; such person is presumed to
be harboring or keeping the dog within the meaning of this definition.
[Amended 7-19-2010 by Ord. No. 2010-02]
An animal kept and treated as a pet.
A parcel zoned as residential, occupied or to be occupied
by a dwelling, platted or unplatted and under common ownership. For
the purpose of this chapter, any vacant parcel or parcels adjoining
a dwelling and under the same ownership shall constitute one lot.
Includes notifying the dog's or cat's owner or an officer
and requesting either the owner or officer to capture and restrain
the dog or cat, or capturing and restraining the dog or cat, and killing
the dog or cat if the circumstances require immediate action.
Not having a valid license tag attached to a collar kept
on the dog whenever the dog is outdoors unless the dog is securely
confined in a fenced area.
A.
Rabies vaccination. The owner of a dog shall have
the dog vaccinated against rabies by a veterinarian within 30 days
after the dog reaches five months of age and revaccinated within one
year after the initial vaccination. If the owner obtains the dog or
brings the dog into the City of Weyauwega after the dog has reached
five months of age, the owner shall have the dog vaccinated against
rabies within 30 days after the dog is brought into the City unless
the dog has been vaccinated as evidenced by a current certificate
of rabies vaccination. The owner of a dog shall have the dog revaccinated
against rabies by a veterinarian before the date that immunization
expires as stated on the certificate of vaccination or, if no date
is specified, within three years after the previous vaccination. The
certificate of vaccination shall meet the requirements of § 95.21(2),
Wis. Stats.[1]
B.
Issuance of certificate of rabies vaccination. A veterinarian
who vaccinates a dog against rabies shall complete and issue to the
owner a certificate of rabies vaccination bearing a serial number
and in the form approved by the City 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 vaccination administered and the manufacturer's serial number,
and the date that the immunization expires as specified for that type
of vaccine by the Centers for Disease Control of the United States
Department of Health and Human Services and the City of Weyauwega.
C.
Copies of certificate. The veterinarian shall keep
a copy of each certificate of rabies vaccination in a file maintained
for this purpose until the date that the immunization expires or until
the dog is revaccinated, whichever occurs first.
D.
Rabies vaccination tag. After issuing the certificate
of rabies vaccination, the veterinarian shall deliver to the owner
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.
E.
Tag to be attached. The owner shall attach the rabies vaccination tag or a substitute tag to a collar and a collar with the tag attached shall be kept on the dog at all times, but this requirement does not apply to a dog during competition or training, to a dog while hunting, to a dog securely confined indoors or to a dog securely confined in a fenced area. The substitute tag shall be of a durable material and contain the same information as the rabies vaccination tag. The requirements of this subsection do not apply to a dog which is not required to be vaccinated under Subsection A.
F.
Duplicate tag. The veterinarian may furnish a new
rabies vaccination tag with a new serial number to an owner in place
of the original tag upon presentation of the certificate of rabies
vaccination. The veterinarian shall then indicate the new tag number
on the certificate and keep a record in the file.
G.
Cost. The owner shall pay the cost of the rabies vaccination
and the cost associated with the issuance of a certificate of rabies
vaccination and the delivery of a rabies vaccination tag.
A.
Dog licenses.
(1)
It shall be unlawful for any person in the City of
Weyauwega to own, harbor or keep any dog more than five months of
age without complying with the provisions of §§ 174.05
through 174.10, Wis. Stats., relating to the listing, licensing and
tagging of the same.
(2)
The owner of any 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 on or before the date the dog becomes five
months of age, pay a license tax and obtain a license.
(4)
Upon payment of the required license tax and upon presentation of evidence that the dog is currently immunized against rabies, as required by § 190-2 of this chapter, the City Administrator shall complete and issue to the owner a license for such dog containing all information required by state law. The City Administrator shall also deliver to the owner, at the time of issuance of the license, a tag of durable material bearing the same serial number as the license, the name of the county in which issued and the license year.
(5)
The owner shall securely attach the tag to a collar and the collar with the tag attached shall be kept on the dog for which the license is issued at all times, except as provided in § 190-2E.
(6)
The fact that a dog is without a tag attached to the
dog by means of a collar shall be presumptive evidence that the dog
is unlicensed. Any law enforcement or humane officer shall seize,
impound or restrain any dog for which a dog license is required which
is found without such tag attached.
(7)
Notwithstanding the foregoing, 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 City Administrator upon application therefor.
B.
Kennel licenses.
(1)
Any person who keeps or operates a kennel may, instead
of the license tax for each dog required by this chapter, apply for
a kennel license for the keeping or operating of the kennel. Such
person shall pay for the license year a license tax as set by the
City Council. Upon payment of the required kennel license tax and,
if required by the City Council, upon presentation of evidence that
all dogs over five months of age are currently immunized against rabies,
the City Administrator shall issue the kennel license and a number
of tags equal to the number of dogs authorized to be kept in the kennel.
Kennels may only be located in residential areas following a public
hearing and approval by the City Council; the City Council may attach
conditions to such approval as a conditional use under the City's
Zoning Code.[2]
(2)
The owner or keeper of a kennel shall keep at all
times a kennel license tag attached to the collar of each dog over
five months old kept by the owner or keeper under a kennel license,
but this requirement does not apply to a show dog during competition,
to a dog securely confined indoors or to a dog securely confined in
a fenced area. These tags may be transferred from one dog to another
within the kennel whenever any dog is removed from the kennel. The
rabies vaccination tag or substitute tag shall remain attached to
the dog for which it is issued at all times, but this requirement
does not apply to a show dog during competition, to a dog securely
confined indoors or to a dog securely confined in a fenced area. No
dog bearing a kennel tag shall be permitted to stray or to be taken
anywhere outside the limits of the kennel unless the dog is in leash
or temporarily for the purposes of hunting, breeding, trial, training
or competition.
(3)
The term "kennel" means any establishment wherein
or whereon three or more dogs are kept.
(4)
No kennel license shall be issued to the keeper or
operator of a kennel who fails to provide proper food and drink and
proper shelter for the dogs in said kennel or who neglects or abandons
said dogs. Designated officials shall investigate any complaints regarding
the failure to maintain proper standards or investigate any kennel
premises upon their own initiative. Expressly incorporated by reference
in this section as minimum standards for kennel keepers or operators
are the relevant provisions of Ch. 951, Wis. Stats.
(5)
A condition of a kennel license shall be that the
licensed premises may be entered and inspected at any reasonable hour
by appropriate City officials without any warrant, and the application
for a license hereunder shall be deemed a consent to this provision.
Any refusal to permit such inspection shall automatically operate
as a revocation of any license issued hereunder and shall be deemed
a violation of this section. Should any kennel be found to constitute
a public nuisance, the license shall be revoked and the nuisance abated
pursuant to City ordinances.
The City Administrator shall assess and collect
a late fee as set by the City Council from every owner of a dog five
months of age or over if the owner failed to obtain a license prior
to April 1 of each year or within 30 days of acquiring ownership of
a licensable dog or if the owner failed to obtain a license on or
before the dog reached licensable age. Said late fee shall be charged
in addition to the required license fee.[1]
A.
Dogs and cats confined. If a district 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 Chief of Police shall promptly post in at least three public places
in the City notices of quarantine.
B.
Exemption of vaccinated dog or cat from City quarantine. A dog or cat which is immunized currently against rabies, as evidenced by a valid certificate of rabies vaccination or other evidence, is exempt from the City quarantine provisions of Subsection A if a rabies vaccination tag or substitute tag is attached to the dog's or cat's collar.
C.
Quarantine or sacrifice of an animal suspected of
biting a person or being infected or exposed to rabies.
(1)
Quarantine or sacrifice of dog or cat. An officer
or animal warden shall order a dog or cat quarantined if the officer
has reason to believe that the animal bit a person, is infected with
rabies or has been in contact with a rabid animal. If a quarantine
cannot be imposed because the dog or cat cannot be captured, the officer
may kill the animal. The officer shall attempt to kill the animal
in a humane manner and in a manner which avoids damage to the animal's
head.
(2)
Sacrifice of other animals. An officer may order killed
or may kill an animal other than a dog or cat if the officer has reason
to believe that the animal bit a person or is infected with rabies.
D.
Quarantine of dog or cat.
(1)
Delivery to isolation facility or quarantine on premises
of owner. An officer or animal warden who orders a dog or cat to be
quarantined shall deliver the animal or shall order the animal delivered
to an isolation facility as soon as possible but no later than 24
hours after the original order is issued or the officer may order
the animal to be quarantined on the premises of the owner if the animal
is immunized currently against rabies as evidenced by a valid certificate
of rabies vaccination or other evidence.
(2)
Health risk to humans. If a dog or cat is ordered
to be quarantined because there is reason to believe that the animal
bit a person, the custodian of an isolation facility or the owner
shall keep the animal under strict isolation under the supervision
of a veterinarian for at least 10 days after the incident occurred.
In this subsection, "supervision of a veterinarian" includes, at a
minimum, examination of the animal on the first day of isolation,
on the last day of isolation and on one intervening day. If the observation
period is not extended and if the veterinarian certifies that the
dog or cat has not exhibited any signs of rabies, the animal may be
released from quarantine at the end of the observation period.
(3)
Risk to animal health.
(a)
If a dog or cat is ordered to be quarantined
because there is reason to believe that the animal has been exposed
to a rabid animal and if the dog or cat is not currently immunized
against rabies, the custodian of an isolation facility or the owner
shall keep the animal leashed or confined for 180 days. The owner
shall have the animal vaccinated against rabies between 155 and 165
days after the exposure to a rabid animal.
(b)
If a dog or cat is ordered to be quarantined
because there is reason to believe that the animal has been exposed
to a rabid animal but if the dog or cat is immunized against rabies,
the custodian of an isolation facility or the owner shall keep the
animal leashed or confined for 60 days. The owner shall have the animal
revaccinated against rabies as soon as possible after exposure to
a rabid animal.
(4)
Destruction of a dog or cat exhibiting symptoms of
rabies. If a veterinarian determines that a dog or cat exhibits symptoms
of rabies during the original or extended observation period, the
veterinarian shall notify the owner and the officer who ordered the
animal quarantined and the officer or veterinarian shall kill the
animal in a humane manner and in a manner which avoids damage to the
animal's head. If the dog or cat is suspected to have bitten a person,
the veterinarian shall notify the person or the person's physician.
E.
Delivery of carcass; preparation; examination by Laboratory
of Hygiene. An officer who kills an animal shall deliver the carcass
to a veterinarian or local health department. The veterinarian or
local health department shall prepare the carcass, properly prepare
and package the head of the animal in a manner to minimize deterioration,
arrange for delivery by the most expeditious means feasible of the
head of the animal to the State Laboratory of Hygiene and dispose
of or arrange for the disposal of the remainder of the carcass in
a manner which minimizes the risk or exposure to any rabies virus.
The Laboratory of Hygiene shall examine the specimen and determine
if the animal was infected with rabies. The State Laboratory of Hygiene
shall notify the City, the veterinarian or local health department
which prepared the carcass and, if the animal is suspected to have
bitten a person, that person or the person's physician.
F.
Cooperation of veterinarian. Any practicing veterinarian
who is requested to be involved in the rabies control program by an
officer is encouraged to cooperate in a professional capacity with
the City, the Laboratory of Hygiene, the local health department,
the officer involved and, if the animal is suspected to have bitten
a person, the person's physician.
G.
Responsibility for quarantine and laboratory expenses.
The owner of an animal is responsible for any expenses incurred in
connection with keeping the animal in an isolation facility, supervision
and examination of the animal by a veterinarian, preparation of the
carcass for laboratory examination and the fee for the laboratory
examination.
A.
Nuisance or dangerous animals. It shall be unlawful
for any person within the City of Weyauwega to own, harbor or keep
any dog or other domestic animal or fowl which:
[Amended 7-19-2010 by Ord. No. 2010-02]
(1)
Habitually pursues any vehicle upon any public street,
alley or highway in the City.
(2)
Assaults or attacks any person or destroys property.
(3)
Is at large within the limits of the City.
(4)
Repeatedly breaks from leash or enclosure and trespasses
or defecates upon property other than that on which the animal is
kept.
(5)
Habitually barks, howls or makes other noise audible
beyond the property upon which the animal is kept during any hour
of the day or night.
(6)
Kills, wounds or worries any domestic animal.
(7)
Is known by such person to be infected with rabies
or to have been bitten by an animal known to have been infected with
rabies.
(8)
In the case of a dog, is unlicensed.
(9)
Is kept or tied in a manner so as to prevent reading
of meters by utility personnel.
(10)
Otherwise disturbs the peace and quiet of the
City of Weyauwega.
B.
Vicious dogs and animals.
[Amended 11-16-2015 by Ord. No. 2015-6]
(1)
For purposes of this provision, a "vicious animal" is defined as:
(a)
Any animal that has, according to public records, been found
by a court to have bitten, injured or assaulted any person while off
the premises of that animal's owner, unless that decision also contains
a finding the bite or assault was due to provocation.
(b)
Any animal whose owner has pled no contest or guilty to a charge
of that animal biting, assaulting or injuring a person.
(2)
No person shall keep a vicious animal in the City of Weyauwega except
in compliance with the below.
(a)
No vicious animal shall be allowed off the premises of its owner
unless muzzled and on a leash in the charge of the animal's owner
or a member of the owner's family in excess of 16 years of age.
(b)
The owner of any vicious animal shall maintain public liability
insurance for the animal in a single incidence amount of not less
than $50,000 for bodily injury or death of any person or damage to
any property caused by the animal.
(3)
No person shall allow an animal under their ownership or under their
control to bite, injure or assault a person while off the premises
of such owner. It shall be a defense to this provision if the animal
was unduly provoked.
C.
Animals running at large.
[Amended 7-19-2010 by Ord. No. 2010-02]
(1)
No person having in his/her possession or ownership
any dog or other domestic animal or fowl shall allow the same to run
at large within the City. The owner of any animal, whether licensed
or unlicensed, shall keep his/her animal tied or enclosed in a proper
enclosure so as not to allow said animal to interfere with the passing
public or neighbors. Any animal running at large unlicensed and required
by state law or City ordinance to be licensed shall be seized and
impounded by a humane or law enforcement officer or animal warden.
(2)
An animal shall be deemed to be running at large when
it is on any of the public streets, alleys, parks or other public
grounds of said City or any other premises in said City other than
the premises of its owner, unless physically restrained by a leash,
chain, or enclosure or otherwise under the control of its owner, a
servant, agent or a member of his/her family of suitable age and discretion
to provide effective physical restraint of the dog or other domestic
animal.
D.
Barking dogs or crying cats. It shall be unlawful for any person knowingly to keep or harbor any dog which habitually barks, howls or yelps or any cat which habitually cries or howls to the great discomfort of the peace and quiet of persons in the neighborhood who are of ordinary sensibilities. Such dogs and cats are hereby declared to be a public nuisance. A dog or cat is considered to be in violation of this subsection when complaints are filed with the Police Department pursuant to Subsection E below.
E.
Enforcement.
(1)
Upon any written complaint to the Police Department,
warnings may be issued to the owner of a dog or other animal engaging
in the above conduct that said animal may be in violation of this
section.
F.
Owner's liability for damage caused by dogs; penalties.
The provisions of § 174.02, Wis. Stats., relating to the
owner's liability for damage caused by dogs together with the penalties
therein set forth are hereby adopted and incorporated herein by reference.
G.
Trapping and impounding of animals by Police Department.
Upon complaint of any real property owner or tenant thereupon that
a dog or other domesticated animal is running at large in violation
of this section, the Police Department is authorized to live trap
said animal and impound it if, in the opinion of the officer responding
to the complaint, such action is warranted. Any dog, licensed or unlicensed,
or other domestic animal in violation of this section shall be impounded
at the place provided by the City as the City impoundment facility.
[Amended 7-19-2010 by Ord. No. 2010-02]
H.
Prohibited animals. It shall be unlawful for any person to harbor,
keep or in any way have or allow physical possession of the following
animals within the City limits:
[Added 11-16-2015 by Ord.
No. 2015-6]
A.
Animal control agency.
(1)
The City of Weyauwega may contract with or enter into
an agreement with such person, persons, organization or corporation
to provide for the operation of an animal shelter, impoundment of
stray animals, confinement of certain animals, disposition of impounded
animals and for assisting in the administration of rabies vaccination
programs.
(2)
The City of Weyauwega does hereby delegate to any
such animal control agency the authority to act pursuant to the provisions
of this section.
B.
Impounding of animals. In addition to any forfeiture
penalty hereinafter provided for a violation of this chapter, a law
enforcement or animal control officer may impound any dog or other
animal which habitually pursues any vehicle upon any street, alley
or highway of this City, assaults or attacks any person, is at large
within the City, habitually barks, cries or howls, kills, wounds or
worries any domestic animal, or is infected with rabies or otherwise
violates any provision of this chapter.
[Amended 7-19-2010 by Ord. No. 2010-02]
C.
Claiming animal; disposal of unclaimed animals.
(1)
Seizure. A law enforcement officer or any animal control
officer appointed by the City Council may attempt to capture and restrain
dogs or other animals running at large or in other violation of this
chapter and shall confine and capture or restrain animals in a suitable
dog pound or other enclosure. After seizure of animals under this
section by a law enforcement or animal control officer, the animal
shall be impounded.
(2)
Retention and disposition of unclaimed animals. All
dogs or other animals apprehended shall be kept for no less than seven
days at the dog pound or other enclosure, and if such animal is not
claimed by the rightful owner, representative or keeper, within such
time, said animal shall be transmitted to the humane society or other
designated animal control facility to be handled in accordance with
Wisconsin Statutes and the policies of that facility.
(3)
Notification. A person who captures or restrains a
dog or other animal shall notify or deliver the dog or other animal
to the pound or humane society or to any officer within 12 hours of
capture or restraint. Any police officer or City official to whom
a dog or other animal is delivered shall attempt to notify the owner
as soon as possible if the owner is known or can be ascertained with
reasonable effort.
(4)
Claiming animals. The owner or representative or keeper
of any dog or other animal so confined may reclaim such animal from
the Police Department at any time before transmittal to the pound
if the owner, representative or keeper:
(a)
Gives his or her name and address.
(b)
Presents evidence that the dog is licensed and
presents evidence that the dog is vaccinated against rabies, or a
receipt from a licensed veterinarian for prepayment of a rabies inoculation.
(c)
Pays the cost of apprehending, boarding fees,
necessary medical treatment and impounding fees, if any.
(5)
Impounding costs. Before any owner can claim and resume
possession of any animal impounded under this section, he/she shall
pay to the Police Department the sum as set by the City Council plus
an amount as set by the City Council per day or any fraction thereof
during which the animal has been impounded or such sum as the City
Council may from time to time establish (or such fees established
by the animal control facility, if used).[1] In addition, before an unlicensed dog is released, a license
shall be obtained for each unlicensed dog. In the event that an impounded
animal is injured or diseased, or if it is unclaimed after seven days
of impoundment, it shall be disposed of in a proper and humane manner.
D.
City not liable for impounding animals. The City and/or
its animal control agency shall not be liable for the death of any
animal which has been impounded or disposed of pursuant to this section.
A.
If any animal, for which the owner holds a current
rabies certificate, is involved in a bite or a scratch incident, the
owner shall isolate and confine the animal under the supervision of
a licensed veterinarian for at least 10 days from the date of the
incident. Supervision of a veterinarian includes, at a minimum, examination
of the animal on the first day, on the 10th day, and on one intervening
day. If the animal is confined at the residence of the owner, it must
not be allowed to come in contact with other animals or people. It
cannot be left unattended outside.
B.
The animal can be taken outside of the residence only
to relieve itself, under restraint and under the supervision of an
adult.
C.
Any animal involved in a bite or scratch incident
that has not been vaccinated, or has not been revaccinated within
the prescribed times, must be confined at a veterinary hospital under
the supervision of a veterinarian for 10 days.
D.
Under no circumstances can the owner sell, give away,
or destroy the animal until it has been released by a licensed veterinarian
after the ten-day confinement (quarantine) period.
[Amended 11-16-2015 by Ord. No. 2015-6]
A.
Keeping of pit bull dogs regulated.
(1)
It shall be unlawful to keep, harbor, own or in any way possess within
the corporate limits of the City of Weyauwega a pit bull dog except
in compliance with all the terms and conditions of this section.
(2)
"Pit bull dog," as that term is used in this section, is defined
to include any of the following:
(a)
The Staffordshire bull terrier breed of dog.
(b)
The American pit bull terrier breed of dog.
(c)
The American Staffordshire terrier breed of dog.
(d)
Any dog which has the appearance and characteristics of being
predominantly of the breeds of Staffordshire bull terrier, American
pit bull terrier, American Staffordshire terrier, or a combination
of any of these breeds.
B.
Keeping of pit bull dogs. Any owner, keeper or harborer of pit bull
dogs registered with the City of Weyauwega; keeping, owning or harboring
of such dogs is, however, subject to the following conditions:
(1)
Registration and licensure. In addition to and notwithstanding the license requirements of § 190-3 of this Code, all owners, keepers or harborers of pit bull dogs shall, within 10 days after coming into possession of the dog, apply for a license and register said dog with the City by filing with the Police Department. In addition to any other license requirements, the owner, keeper or harborer shall provide two color photographs of the dog clearly showing the color and approximate size of the dog.
(2)
Leash and muzzle. No person shall permit a registered pit bull dog
to go outside its kennel or pen unless such dog is securely leashed
with a leash no longer than four feet in length. No person shall permit
a pit bull dog to be kept on a chain, rope or other type of leash
outside its kennel or pen unless a person is in physical control of
the leash. Such dogs may not be leashed to inanimate objects such
as trees, posts, buildings, etc. In addition, all pit bull dogs on
a leash outside the animal's kennel or pen must be muzzled by a muzzling
device sufficient to prevent such dog from biting persons or other
animals.
(3)
Confinement. All registered pit bull dogs shall be securely confined indoors or in a securely enclosed and locked pen or kennel except when leashed and muzzled as provided in Subsection B(2). All pens or kennels shall comply with all zoning and building regulations of the City and shall be kept in a clean and sanitary condition.
(4)
Confinement indoors. No pit bull dog may be kept on a porch, patio
or in any part of a house or structure that would allow the dog to
exit such building on its own volition.
(5)
Signs. All owners, keepers or harborers of registered pit bull dogs
within the City shall display in a prominent place on their premises
a sign easily readable by the public using the words "Beware of Dog."
In addition, a similar sign is required to be posted on the kennel
or pen of such animal.
(6)
Insurance. All owners, keepers or harborers of pit bull dogs must,
within 30 days of the effective date of this section, provide proof
to the Police Department of public liability insurance in a single
incident amount of $50,000 for bodily injury to or death of any person
or persons or for damage to property owned by any persons which may
result from the ownership, keeping or maintenance of such animal.
Such insurance policy shall provide that no cancellation of the policy
will be made without 10 days' written notice first given to the Police
Department.
(7)
Reporting requirements. All owners, keepers or harborers of pit bull
dogs must, within 10 days of any provide written notice to the Police
Department of the following occurrences:
(a)
The removal from the City or death of a registered pit bull.
(b)
The birth of offspring of a registered pit bull dog.
(c)
The new address of a registered pit bull dog should the dog
be moved within the City of Weyauwega.
(d)
If the registered pit bull dog is sold, the name and address
of the new owner.
(8)
Animals born of registered dogs. All offspring born of pit bull dogs
registered within the City must be removed from the City within six
weeks after the birth of said animal.
[Amended 7-19-2010 by Ord. No. 2010-02]
A.
Removal of fecal matter. The owner or person in charge
of any dog, horse, or other animal shall not permit solid fecal matter
of such animal to deposit on any street, alley or other public or
private property, unless such matter is immediately removed therefrom
by said owner or person in charge. This section shall not apply to
a person who is visually or physically handicapped.
B.
Accumulation of fecal matter prohibited on private
yards. The owner or person in charge of the dog must also prevent
accumulation of animal waste on his/her own property by regularly
patrolling and properly disposing of the fecal matter.
[Amended 7-19-2010 by Ord. No. 2010-02]
It shall be unlawful for any person owning or
possessing an animal or dog to permit such animal or dog to go upon
any parkway or private lands or premises without the permission of
the owner of such premises and break, bruise, tear up, crush or injure
any lawn, flowerbed, plant, shrub, tree or garden in any manner whatsoever,
or to defecate thereon.
A.
Protected animals.
(1)
Possession and sale of protected animals. It shall
be unlawful for any person, firm or corporation to possess with intent
to sell or offer for sale, or buy or attempt to buy, within the City
any of the following animals, alive or dead, or any part or product
thereof: all wild cats of the family felidae, polar bear (Thalarctos
maritimus), red wolf (Canis niger), vicuna (Vicugna vicugna), gray
or timber wolf (Canis lupus), sea otter (Enhydra lutris), Pacific
ridley turtle (Lepidochelys olivacea), Atlantic green turtle (Chelonia
mydas), or Mexican ridley turtle (Lepidochelys kempi).
(2)
Compliance with federal regulations. It shall be unlawful
for any person, firm or corporation to buy, sell or offer for sale
a native or foreign species or subspecies of mammal, bird, amphibian
or reptile, or the dead body or parts thereof, which appears on the
endangered species list designated by the United States Secretary
of the Interior and published in the Code of Federal Regulations pursuant
to the Endangered Species Act of 1969 (Public Law 135, 91st Congress).
(3)
Regulating the importation of certain birds. No person,
firm or corporation shall import or cause to be imported into this
City any part of the plumage, skin or dead body of any species of
hawk, owl or eagle. This subsection shall not be construed to forbid
or restrict the importation or use of the plumage, skin, body or any
part thereof legally collected for use by the American Indians for
ceremonial purposes or in the preservation of their tribal customs
and heritage.
B.
Exceptions. The provisions of Subsection A above shall not be deemed to prevent the lawful importation, possession, purchase or sale of any species by any public agency, institute of higher learning, persons holding federal permits, a person holding a scientific collector's permit issued by the Secretary of the Department of Natural Resources of the state, any party so authorized by the City Council, or any person or organization licensed to present a circus, except that such parties shall also have a conditional use permit issued by the City Council.
C.
Wild animals; prohibition on keeping. It shall be
unlawful for any person to keep, maintain or have in his/her possession
or under his/her control within the City any poisonous reptile or
any other dangerous or carnivorous wild animal, insect or reptile,
any vicious or dangerous domesticated animal or any other animal or
reptile of wild, vicious or dangerous propensities. Specifically,
it shall be unlawful for any person to keep, maintain or have in his/her
possession or under his/her control within the City any of the following
animals, reptiles or insects:
(1)
All poisonous animals and reptiles, including rear-fang
snakes.
(2)
Apes: chimpanzees (Pan); gibbons (Hylobates); gorillas
(Gorilla); orangutans (Pongo); and siamangs (Symphalangus).
(3)
Baboons (Papoi, Mandrillus).
(4)
Bears (Ursidae).
(5)
Bison (Bison).
(6)
Cheetahs (Acinonyx jubatus).
(7)
Crocodilians (Crocodilia), 30 inches in length or
more.
(8)
Constrictor snakes.
(9)
Coyotes (Canis latrans).
(10)
Deer (Cervidae); includes all members of the
deer family; for example, white-tailed deer, elk, antelope and moose.
(11)
Elephants (Elephas and Loxodonta).
(12)
Game cocks and other fighting birds.
(13)
Hippopotami (Hippopotamidae).
(14)
Hyenas (Hyaenidae).
(15)
Jaguars (Panthera onca).
(16)
Leopards (Panthera pardus).
(17)
Lions (Panthera leo).
(18)
Lynxes (Lynx).
(19)
Monkeys, old world (Cercopithecidae).
(20)
Ostriches (Struthio).
(21)
Pumas (Felis concolor), also known as "cougars,"
"mountain lions" and "panthers."
(22)
Rhinoceroses (Rhinocero tidae).
(23)
Sharks (class Chondrichthyes).
(24)
Snow leopards (Panthera uncia).
(25)
Tigers (Panthera tigris).
(26)
Wolves (Canis lupus).
(27)
Poisonous insects.
D.
Exceptions; pet shops. The prohibitions of Subsection C above shall not apply where the creatures are in the care, custody or control of: a veterinarian for treatment; agricultural fairs; shows or projects of the 4-H Clubs; a display for judging purposes; an itinerant or transient carnival, circus or other show; dog or cat shows or trials; public or private educational institutions; licensed pet shops; or zoological gardens, if:
(2)
All animals and animal quarters are kept in a clean
and sanitary condition and so maintained as to eliminate objectionable
odors.
(3)
Animals are maintained in quarters so constructed
as to prevent their escape.
(4)
No person lives or resides within 100 feet of the
quarters in which the animals are kept.
E.
Farm animals; miniature pigs.
[Amended 7-19-2010 by Ord. No. 2010-02; 1-18-2021 by Ord. No. 2020-11]
(1)
Except as provided in § 190-19, regarding miniature pigs, it shall be unlawful for any person, firm, or corporation to own, house, keep or possess, in any area within the City of Weyauwega which is zoned as a single-family or multifamily residential district or in a general business or highway business district, any animals commonly known as "farm animals," including but not limited to cows, horses, pigs, goats, sheep, turkeys, roosters, ducks and fowl.
(2)
The Chief of Police shall have the authority, in addition
to other penalties provided herein, to impound said animals as set
forth in this Code of Ordinances.
A.
Neglected or abandoned animals.
(1)
No person may abandon any animal.
(2)
Any law enforcement or animal control officer may
remove, shelter and care for an animal found to be cruelly exposed
to the weather, starved or denied adequate water, neglected, abandoned
or otherwise treated in a cruel manner and may deliver such animal
to another person to be sheltered, cared for and given medical attention,
if necessary. In all cases the owner, if known, shall be immediately
notified and such officer or other person having possession of the
animal shall have a lien thereon for its care, keeping and medical
attention and the expense of notice.
(3)
If the owner or custodian is unknown and cannot, with
reasonable effort, be ascertained or does not, within five days after
notice, redeem the animal by paying the expenses incurred, it may
be treated as a stray and dealt with as such.
(4)
Whenever, in the opinion of any such officer, an animal
is hopelessly injured or diseased so as to be beyond the probability
of recovery, it shall be lawful for such officer to kill such animal,
and the owner thereof shall not recover damages for the killing of
such animal unless he/she shall prove that such killing was unwarranted.
(5)
Section 173.10, Investigation of cruelty complaints,
and § 174.24, Reimbursement of expenses, Wis. Stats., are
hereby adopted by reference and made a part of this chapter.
B.
Injured animals. No person who owns, harbors or keeps
any animal shall fail to provide proper medical attention to such
animal when and if such animal becomes sick or injured. In the event
that the owner of such animal cannot be located, the City or any animal
control agency with which the City has an agreement or contract shall
have the authority to take custody of such animal for the purpose
of providing medical treatment, and the owner thereof shall reimburse
the person or organization for the costs of such treatment.
No person except a law enforcement or animal control officer
in the pursuit of his/her duties shall, within the City, shoot or
kill or commit an act of cruelty to any animal or bird or disturb
any bird's nest or bird's eggs.
A.
Purpose. The keeping of a large number of dogs and
cats within the City of Weyauwega for a considerable period of time
detracts from and, in many instances, is detrimental to healthful
and comfortable life in such areas. The keeping of a large number
of dogs and cats is, therefore, declared a public nuisance.
B.
Number limited.
(1)
No person or family shall own, harbor or keep in his
or its possession more than three dogs and three cats in any residential
unit without the prior issuance of a kennel license by the City Council,
except that a litter of pups or kittens or a portion of a litter may
be kept for not more than 10 weeks from birth.
A.
In the interest of public health and safety, it shall
be unlawful for any person, in or on City-owned land within the City
of Weyauwega, to set, place or tend any trap for the purpose of trapping,
killing, catching, wounding, worrying or molesting any animal, except
by use of live box-type traps only. Live box-type traps shall be defined
as those traps which capture and hold an animal in an alive and unharmed
condition.
B.
This section shall prohibit the use of all traps other
than live traps as described above, including but not limited to traps
commonly known as leg traps, pan-type traps or other traps designed
to kill, wound or close upon a portion of the body of an animal.
C.
All such traps set, placed or tended shall comply
with Ch. 29, Wis. Stats., as it relates to trapping.
D.
This section shall not apply to trapping on private
property.
E.
Nothing in this section shall prohibit or hinder the
City of Weyauwega or its employees or agents from performing their
official or authorized duties.
A.
It shall be unlawful for any person to establish or
maintain any hive, stand or box where bees are kept or keep any bees
in or upon any premises within the corporate limits of the City unless
the bees are kept in accordance with the following provisions:
(1)
No hive, stand or box where bees are kept shall be
located closer than 20 feet to any property boundary. Such hives,
stands or boxes may only be located in the rear yard.
(2)
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 high, shall be installed and maintained along said exterior
boundary. Said barrier may be either a natural planting or artificial.
(3)
Fresh, clean watering facilities for bees shall be
provided on said premises.
(4)
The bees and equipment shall be kept in accordance
with the provisions of state law.
(5)
A conditional use permit shall first be obtained pursuant
to the City Zoning Code.
B.
Nothing in this section shall be deemed or construed
to prohibit the keeping of bees in a hive, stand or box located within
a school or university building for the purpose of study or observation.
A.
VIETNAMESE POTBELLIED PIG
Definitions. As used in this section, the following
words and phrases shall have the following meanings, unless the context
clearly indicates that a different meaning is intended:
A purebred Vietnamese potbellied pig registered through a
North American Vietnamese potbellied pig registry which does not exceed
100 pounds in weight.
B.
General requirements. It is unlawful for any person,
party, firm or corporation to keep or maintain within the City of
Weyauwega limits a Vietnamese potbellied pig without complying with
the standards in this section. Excepted from the license requirement
is any law enforcement agency or agency under contract with the City
to care for stray or unwanted animals.
C.
Condition of maintenance. Owners shall comply with
the following requirements:
(1)
Animal feces shall be collected on a daily basis and
stored in a sanitary receptacle. Animals shall not be brought, or
permitted to be, on property, public or private, not owned or possessed
by the owner or person in charge of the animal, unless such person
has in his/her immediate possession an appropriate device for scooping
excrement and an appropriate depository for the transmission of excrement
to a receptacle located upon property owned or possessed by such person.
(2)
When sunlight is likely to cause overheating or discomfort,
sufficient shade shall be provided to allow an animal kept outdoors
to protect itself from the direct rays of the sun.
(3)
An animal kept outdoors shall be provided with access
to shelter to allow it to remain dry during rain or snow. Animals
may be kept outdoors only if contained in a fenced enclosure sufficient
for purposes of restraint.
(4)
When the atmospheric temperature is less than 50°
F., an animal shall be kept indoors at a temperature no less than
50° F., except for temporary ventures which do not endanger the
animals health.
(5)
An effective program for the control of insects, ectoparasites,
and avian and mammalian pests shall be established and maintained
where a problem.
(6)
Animals shall be fed and watered at least once a day,
except as otherwise might be required to provide adequate veterinary
care. The food shall be free from contamination, wholesome, palatable
and of sufficient quality and nutritive value to meet the normal daily
requirements for the condition and size of the animal. Food receptacles
shall be accessible to the animal and shall be located so as to minimize
contamination by excreta. Feeding pans shall be durable and kept clean.
The food receptacles shall be cleaned daily. Disposable food receptacles
may be used but must be discarded after each feeding. Self feeders
may be used for the feeding of dry food and they shall be sanitized
as needed, but at least once per week, to prevent molding, deterioration
or caking of feed.
(7)
Animals may not be permitted to exceed 100 pounds
in weight.
(8)
Animals shall be examined by a veterinarian within
a period of 60 days prior to a new license application being filed.
The animal may be licensed only upon a written statement from a veterinarian
as to:
(a)
The animal's weight.
(b)
The animal has received all recommended vaccinations
and boosters.
(c)
The animal is asymptomatic respecting disease
or has a disease which is not contagious and is receiving appropriate
treatment.
(d)
The animal's tusks, if any, have been removed
or trimmed so as not to endanger any person or animal.
(e)
The animal has passed a pseudorabies test administered
in accordance with application state regulations.
(9)
The animal shall not be permitted to run at large.
"Run at large" shall mean the presence of an animal which is not on
a leash of six feet or less on any public property or thoroughfare
or on any private property. An animal may be unleashed on private
property, with the permission of the property owner, in a fenced enclosure
sufficient for purposes of restraint. Animals which are not leashed
in a motor vehicle shall not be deemed to "run at large" if secured
in a manner as will prevent their escape therefrom.
(10)
Animals shall not be kept in a manner as to
disturb the peace of the neighborhood or of persons passing to and
from upon the streets.
No person shall ride horseback on any City street
within the City of Weyauwega from the hours of 1/2 hour after sunset
to 1/2 hour before sunrise.
[Amended 7-19-2010 by Ord. No. 2010-02; 11-16-2015 by Ord. No. 2015-6]
A.
Any person who violates any provision of this chapter shall be subject
to a forfeiture of not less than $50 and not more than $500. This
section shall also permit the City Attorney to apply to the court
of competent jurisdiction for a temporary or permanent injunction
restraining any person from violating any aspect of this chapter in
addition to any enforcement action.
B.
Nothing in this code shall limit the availability and applicability
of the procedures and remedies of Chapter 174, Wis. Stats.
C.
Each day that a violation of this chapter continues shall be deemed
a separate violation. Any animal found to be the subject of a violation
of this chapter shall be subject to immediate seizure, impoundment
and removal from the City by City officials if the owner or keeper
of the animal fails to comply with the requirements of this section.
In addition to the foregoing penalties, any person who violates this
chapter shall pay all expenses, including shelter, food, handling
and veterinary care, necessitated by the enforcement of this chapter.
[Added 3-20-2006 by Ord. No. 2006-02]
A.
License.
(1)
Required. Any person owning, keeping or harboring
a cat more than five months of age on January 1 of any year or five
months of age within a license year shall, annually, on or before
the date the cat becomes five months of age, pay the cat license fee
and obtain a license.
(2)
Application. A written application for a license,
which shall include the name and address of the applicant and the
name, sex, breed and color of the cat and the appropriate fee, shall
be made to the City Administrator. The application shall indicate
whether the cat is spayed or unspayed or neutered or unneutered, and
the applicant shall present evidence from a licensed veterinarian
documenting if the cat is spayed or neutered and that the cat is currently
immunized against rabies. During the first year after this section
is adopted, for good cause, the Administrator may waive the requirement
that an applicant present evidence from a licensed veterinarian that
a cat is spayed or neutered. If this requirement is waived, the applicant
shall sign a statement indicating whether the cat is spayed or neutered.
(3)
License fee. The yearly license fee shall be as set
by the City Council for each neutered male cat and spayed female cat,
upon presentation of evidence from a licensed veterinarian that the
cat is neutered or spayed, and as set by the City Council for cats
not spayed or neutered.[1]
(4)
Late fee. The City Administrator shall assess and
collect a late fee as set by the City Council from every owner of
a cat five months of age or over if the owner failed to obtain a license
prior to April 1 of each year or within 30 days of acquiring ownership
of a licensable cat or if the owner failed to obtain a license on
or before the cat reached licensable age.
(5)
Tag. Upon payment of the required cat license fee
and evidence that the cat is currently immunized, the Administrator
shall issue to the owner a license and a durable tag with an identifying
number and the license year. The license year shall commence on January
1 and shall end the following December 31.
(6)
Tag to be worn. Cats shall wear identification tags
at all times when off the premises of the owner, except when participating
in any organized show or training situation. The fact that a cat is
without a license tag attached to its collar shall be presumptive
evidence that the cat is unlicensed.
(7)
Lost tag. In the event that a license tag issued for
a cat shall be lost, the owner may obtain a duplicate tag upon payment
of a fee as set by the City Council.
(8)
Public information. The City Administrator shall maintain
a record of the identifying numbers of all tags issued and shall make
this record and the application available to the public at all times.
A duplicate list of all licensed cats and the names of the owners
and identifying numbers of all tags shall be maintained at the Police
Department.
B.
Cats running at large and untagged cats.
(1)
OWNER
RUN AT LARGE
Definitions. In this subsection, unless the context
or subject matter otherwise requires, the following definitions apply:
Any person owning, harboring or keeping a cat, and the occupant
of any premises on which the cat remains or to which it customarily
returns daily for a period of 10 days is presumed to be harboring
or keeping the cat within the meaning of this definition.
To be off the premises of the owner and not under the control
of some person, either by leash or otherwise, but a cat within an
automobile of any other person with the consent of the cat's owner
shall be deemed to be upon the owner's premises.
(2)
It is unlawful for any owner of a cat to negligently
or otherwise permit the cat to run at large.
C.
Impounding and disposition of cats. The provisions
of § 173.13, Wis. Stats., on taking custody of animals,
are adopted by reference, incorporated herein and made applicable
to cats. Also, the provisions of §§ 173.15 to 173.27,
Wis. Stats., are adopted by reference, incorporated herein and made
applicable to cats. The City may treat any cat taken into custody
as an unclaimed cat subject to disposition if, within seven days after
custody is taken of the cat, it is not claimed by and returned to
its owner. A law enforcement officer who takes a cat into custody
without the knowledge of the owner shall promptly notify the owner
if he/she can be identified and located with reasonable effort, as
provided by law.
D.
Other regulations.
(1)
Setting cats at large prohibited. No person shall
open any door or gate of any private premises for the purpose of setting
any cat at large except the owner of such cat, and no person shall
so set any cat at large which is confined in a pound. No person shall
abandon a cat.
(2)
Rabies vaccination required. It shall be unlawful
for any person to keep a cat in the City which is over five months
of age and has not received a rabies vaccination. No cat license shall
be issued until a certificate of rabies vaccination issued by a veterinarian
has been presented. A rabies vaccination tag shall be attached to
the collar of all licensed cats at all times, except as provided in
§ 95.21(2)(f), Wis. Stats., which statute is to be construed
as equally applicable to cats.
(3)
Duty to report cat bite. Every person, including the
owner or person harboring or keeping a cat, who knows that a cat has
bitten any person shall immediately report such fact to a law enforcement
officer of the City.
(5)
Removal of animal waste.
(a)
The owner or person having immediate control
of a cat shall promptly remove and dispose of, in a sanitary manner,
any feces left or deposited by the cat upon public or private property
not owned or possessed by such person.
(b)
It shall be unlawful for any person to permit
a cat to be on public or private property not owned or possessed by
such person unless such person has in his immediate possession an
appropriate means of removing animal feces.
(c)
Penalty. For a first violation, a fee in the sum of $10 shall be assessed against the person, which fee shall be payable to the City Administrator within 10 days of receipt of the notice of violation. If the fee is not paid within 10 days or it is the person's second violation within one year, the violator shall be issued a municipal summons with the forfeiture to be $10 plus all applicable court costs, fees and assessments. All subsequent offenses shall subject the violator to the penalties provided in § 190-21 of this chapter.
(6)
Cats injuring or destroying property. It is unlawful
for any person owning, possessing or harboring a cat to permit such
cat to go upon any parkway or private lands or premises without the
permission of the owner of such premises and break, bruise, tear up,
crush or injure any lawn, flowerbed, plant, shrub, tree or garden
in any manner whatsoever or to defecate thereon. It is unlawful for
any person owning, possessing or harboring a cat to permit such cat
to injure or destroy any real or personal property of any description
belonging to another.[3]
E.
Penalties.
(1)
Failure to obtain rabies vaccination. A cat owner
who fails to have a cat vaccinated against rabies, as provided in
this section, shall, upon conviction, forfeit not less than $50 nor
more than $100.
(2)
Refusal
to comply with quarantine order. An owner of a cat who refuses to
comply with an order issued under this section to deliver the animal
to a police office, the City pound or a veterinarian, or who does
not comply with the conditions of an order that the animal be quarantined,
shall, upon conviction, forfeit not less than $100 nor more than $1,000.[4]
(3)
Cats running at large or untagged. Upon conviction,
the penalty shall be a forfeiture of $30 plus costs.
[Added 1-18-2021 by Ord.
No. 2020-6]
A.
Permit required. No person shall keep chickens in R-1 and R-2 Districts without obtaining a valid permit issued by the City Hall office and the City Administrator and registering with the Wisconsin Department of Agriculture, Trade and Consumer Protection Livestock Premises Registration Application. The permit process requires a completed application accompanied with a fee of $50 per household initially and $25 annually thereafter. The permit year shall commence on January 1 of each year, and the permit shall expire on December 31 of that year. The permit is nontransferable and nonrefundable. The permit application is also subject to notification and approval pursuant to Subsection B.
B.
Neighborhood approval required. Before a permit is issued for the
keeping of chickens, the applicant shall obtain the written consent
from the owner of the property where the chickens shall be kept and
any occupants and owners of the adjacent properties, including those
across an alley and road. Written consent shall be provided at the
time of application.
C.
Keeping of chickens. The keeping of up to five chickens, with a permit,
is allowed on a residential premises in areas zoned R-1 or R-2 (Single-
and Two-Family Residential District), provided the following:
(1)
No person shall keep any rooster.
(2)
No chickens shall be slaughtered on the property for personal use.
No person shall sell or barter eggs or engage in chicken breeding
or fertilizer production for commercial purposes, including, but not
limited to, farmers markets.
(3)
Chickens shall be provided with fresh water at all times and adequate
amounts of feed.
(4)
Chickens shall be provided with a sanitary and adequately sized covered
enclosure, or coop, and shall be kept in the covered enclosure or
a sanitary and adequately sized and accessible fenced enclosure, or
yard, at all times.
(5)
Chicken coops shall be constructed in a workmanlike manner, be moisture
resistant and either raised up off the ground or placed on a surface
such as concrete, patio block or gravel.
(6)
Chicken coops and yards shall be constructed and maintained to reasonably
prevent the collection of standing water and shall be cleaned of hen
droppings, uneaten feed, feathers and other waste daily and as is
necessary to ensure that the coop and yard do not become a health,
odor or other nuisance.
(7)
Chicken enclosures shall measure a minimum of seven square feet in
area or three square feet in area per chicken, whichever is greater,
with one nest box provided per every two chickens.
(8)
Chicken enclosures shall provide elevated perches to ensure chickens
are able to rest in their natural roosting position.
(9)
Chickens shall be provided a sufficient quality of suitable, clean
bedding material to provide insulation and protection against the
cold and dampness and promote the retention of body heat.
(10)
Chickens shall be provided access to an outdoor enclosed run
area for the majority of the daylight hours and secured in their coop
at night.
(11)
No enclosure shall be located closer than 25 feet to any residential
structure on an adjacent lot.
(12)
No enclosure shall be located in the front or side yard of a
dwelling.
(13)
No enclosure shall be located closer than 10 feet from a principal
structure and three feet from side and rear property lines.
(14)
In addition to compliance with the requirements of this section,
no one shall keep chickens that cause any nuisance, unhealthy condition,
create a public health threat or otherwise interfere with the normal
use of property or enjoyment of life by humans or animals.
D.
Public health requirements.
(1)
Chickens shall be kept and handled in a sanitary manner to prevent
the spread of communicable diseases among birds or to humans.
(2)
Any person keeping chickens shall immediately report any unusual
illness or death of chickens to the Health Department.
(3)
The Health Department may order testing, quarantine, isolation, vaccination
or humane euthanasia of ill chickens or chickens believed to be a
carrier of a communicable disease.
