In this chapter, unless the context or subject matter otherwise
requires, the following terms shall have the meanings indicated:
ANIMAL
Mammals, reptiles and birds.
AT LARGE
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]
CAT
Any feline, regardless of age or sex.
CRUEL
Causing unnecessary and excessive pain or suffering or unjustifiable
injury or death.
DOG
Any canine, regardless of age or sex.
FARM ANIMAL
Any warm-blooded animal normally raised on farms in the United
States and used for food or fiber.
LAW ENFORCEMENT OFFICER
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.
NEUTERED
As used herein as describing a dog or cat shall mean a dog
or cat having nonfunctional reproductive organs.
OWNER
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]
PET
An animal kept and treated as a pet.
RESIDENTIAL LOT
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.
RESTRAIN
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.
UNTAGGED
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.
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.
[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.
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.
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.
(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) Definitions. In this subsection, unless the context
or subject matter otherwise requires, the following definitions apply:
OWNER
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.
RUN AT LARGE
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.
(3) Except as provided in Subsection
A(6) above, it is unlawful for any owner of a cat to negligently or otherwise permit the cat to be untagged when off the premises of the owner. A cat is considered to be untagged if a valid license tag is not attached to a collar which is kept on the cat.
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.
(4) Quarantine or sacrifice of cats suspected of biting a person or being infected with rabies. See §
190-5, Rabies quarantine.
(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.
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.
(3) Cats running at large or untagged. Upon conviction,
the penalty shall be a forfeiture of $30 plus costs.
(4) Other penalties. Upon conviction of a violation of any other provision of this section, the penalty shall be as provided in §
190-21 of this chapter.
[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.
E. Permit revocation.
(1) A permit is subject to revocation upon failure to comply with any provisions of Subsection
C or
D of this section. Once a permit is revoked, a permit shall not reissue.
(2) Removal of chicken. Any chicken may be impounded or removed from
the City for violations of this chapter. The chicken's owner
shall be responsible for costs of the impoundment or removal.
(3) The City Hall office will issue permits with approval by the City Administrator and enforce the provisions of this section, except that the public health provisions of Subsection
D, above, shall be enforced by the City Administrator or Police Department.