[HISTORY: Adopted by the Common Council of
the City of Gillett as §§ 7.13 and 9.02(6) of the former
Municipal Code. Amendments noted where applicable.]
For purposes of this chapter, certain words
and terms are defined as follows:
Any premises designated by the Common Council for the purpose
of impounding and caring for all animals found running at large in
violation of this chapter.
Any dog shall be deemed to be at large when it is off the
property of its owner and not under the control of a competent person.
An animal, wild or domestic, which bites any human being
or other domestic animal or which demonstrates menacing and dangerous
behavior toward a human being and/or property or other domestic animals.
However, an animal shall not be deemed dangerous if it bites, attacks
or menaces a trespasser on the property of its owners or harms or
menaces anyone who has tormented or abused it.
Any dog which attacks without provocation or
otherwise endangers the safety of human beings or domestic animals.
Any dog owned or harbored primarily or in part
for the purpose of dog fighting or any dog trained for dog fighting.
However, no dog shall be deemed dangerous if it bites, attacks or
menaces a trespasser on the property of its owner or harms or menaces
anyone who has tormented or abused it.
An animal has been exposed to rabies within the meaning of
this chapter if it has been bitten by, or come in contact with, any
animal known to have been infected with rabies.
Any person or group of persons owning, keeping or harboring
a dog.
A dog is under restraint within the meaning of this chapter
if it is controlled by a leash, at "heel" beside a competent person
and obedient to that person's commands, on or within a vehicle being
driven or parked on the streets, or within the property limits of
its owner or keeper.
Any female dog which has been operated upon to prevent conception.
The provisions of this chapter shall be enforced
by police officers.
A.
License required. It shall be unlawful for any person
in the City to own, harbor or keep any dog more than five months of
age without complying with the provisions of § 174.05(1),
(2) and (3), Wis. Stats. There is hereby imposed a City dog license
tax payable to the Clerk/Treasurer as set by Common Council.
[Amended 10-7-2004 by Ord. No. 2004-17]
B.
Lost license tag. In the event that a metallic license
tag issued for a dog shall be lost, the owner may obtain a duplicate
tag from the Clerk/Treasurer upon the payment of an amount set by
Common Council.
C.
Change of ownership. If there is a change in ownership
of a licensed dog during the license year, the new owner may have
the current license transferred to his name upon the payment of a
transfer fee as set by Common Council to the Clerk/Treasurer.
D.
Transfer prohibited. No person shall use for any animal
a license receipt or license tag issued for another animal.
E.
Late fees. The Clerk/Treasurer shall assess and collect
a late fee as set by Wisconsin Statutes[2] from every owner of a dog five months of age or older
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 before the dog reached licensable
age.
[2]
Editor's Note: See § 174.05(5),
Wis. Stats.
[1]
Editor's Note: See the current Fees Schedule,
on file in City offices, for applicable fees.
It shall be unlawful for any person to keep
a dog in the City which is over five months of age and has not received
a rabies vaccination as required by § 95.21(2), Wis. Stats.
No dog 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 dogs at all times
except as provided in § 95.21(2)(f), Wis. Stats.
A.
Dog running at large. A dog is considered to be running at large if it is off the premises of its owner and not under the restraint of the owner of some other person as defined under "restraint" in § 6-1.
B.
Untagged dog. A dog is considered to be untagged if
a valid license tag is not attached to a collar which is kept on the
dog whenever the dog is outdoors unless the dog is securely confined
in a fenced area.
C.
Dog subject to impoundment. Any police officer shall
attempt to capture and restrain any dog running at large and any untagged
dog.
A.
No person shall exercise or walk a dog or cat on a
leash more than six feet in length, except that no leash is required
where the dog or cat has training that the person who is conducting
the exercise shall be able to cause the dog or cat, upon command,
to heel. Evidence that such training is not present includes, but
is not limited to, the dog touching other dogs, cats, animals or human
beings after the order to heel, or an equivalent command, has been
or should have been given.
B.
The owner or person having immediate care, custody
or control of any animal shall promptly remove and dispose of, in
a sanitary manner, any excreta left or deposited by the animal upon
any property other than the owner's.
C.
It is unlawful for any person to permit an animal
to be on public property or private property not owned or possessed
by such person unless such person has, in his or her immediate possession,
an appropriate means of removing animal excreta.
A.
Unconfined dogs. No person owning or harboring or
having the care or custody of a dangerous dog shall suffer or permit
such dog to:
(1)
Go unconfined on the premises of such person. A dangerous
dog is "unconfined," as the term is used herein, if such dog is not
securely confined indoors or confined in a securely enclosed and locked
pen or a dog run area upon the premises of said person.
(2)
Go beyond the premises of such person unless such
dog is securely muzzled or restrained with a chain of sufficient strength
to maintain control of such dog.
B.
Dog fighting. No person shall own or harbor any dog
for the purpose of dog fighting or train, torment, badger, bait or
use any dog for the purpose of causing or encouraging said dog to
unprovoked attacks upon human beings or domestic animals.
C.
Conveying dangerous dogs. No person shall possess
within intent to sell, offer for sale, breed or buy, or attempt to
buy or give away within the City any dangerous dog.
[Amended 10-7-2004 by Ord. No. 2004-16]
No household shall have more than a total of
three dogs and/or cats over five months of age.
Every person, including the owner or person
harboring or keeping a dog, who knows that a dog has bitten any person
shall immediately report such fact to the Police Department.
A.
Impounding of dogs. Any police officer or other person
restraining a dog running at large shall take such dog to the City
Animal Shelter. The boarding fee for impounded dogs shall be set by
Common Council.[1] The police shall attempt to identify and notify the owner.
[1]
Editor's Note: The current Fees Schedule if
on file in City offices.
B.
Release of dog to owner or representative. The caretaker
of the Animal Shelter or police officer may release the dog to the
owner or his representative if the owner or representative:
C.
Release of dog to person other than owner. If the
owner of the dog is unknown or does not reclaim the dog within seven
days, the caretaker of the Animal Shelter may release the dog to a
person other than the owner if such person:
D.
Disposition of dog or use for humane purposes. If
the dog is not released to the owner or other person in seven days,
the caretaker may dispose of the dog as provided in § 174.13,
Wis. Stats., or dispose of the dog in a proper and humane manner.
For the purpose of discharging the duties imposed
by this chapter and to enforce its provisions, any police officer
is empowered to enter upon any premises upon which a dog is kept or
harbored and to demand the exhibition by the owner of such dog or
the license for such dog. It is further provided that a police officer
may enter the premises where any animal is kept in a reportedly cruel
or inhumane manner and demand to examine such animal and to take possession
of such animal when, in his opinion, it requires removal from the
premises.
No person shall interfere with or hinder any
police officer or caretaker in the performance of any duty of such
agent or seek to release any animal in the custody of the caretaker
of the Animal Shelter, except as herein provided.
A.
It shall be the duty of the caretaker to keep, or
cause to be kept, accurate and detailed records of the licensing,
impoundment and disposition of all animals coming into his custody.
Such records shall be open to public inspection.
B.
It shall be the duty of the Police Chief to keep,
or cause to be kept, accurate and detailed records of all bite cases
reported to him and his investigation of the same.
C.
It shall be the duty of the Animal Shelter caretaker
or Police Department to keep, or cause to be kept, accurate and detailed
records of all moneys coming into his or its possession, which records
shall be open to inspection at reasonable times by such persons responsible
for similar records of the City and shall be turned into the Clerk/Treasurer
quarterly.
A.
Sanitary requirements. All structures, pens, buildings,
coops or yards wherein animals are kept shall be maintained in a clean
and sanitary condition, free of rodents, vermin and objectionable
odors.
B.
Animals excluded from food-handling establishments.
No person shall take or permit to remain any animal, except for a
service animal, upon any premises where food is sold, offered for
sale or processed for consumption by the general public.
C.
Animals excluded from within the City limits. No pig,
except for a Vietnamese pot-bellied pig, horse, mule, donkey, pony,
cow, goat, sheep, poultry, wild animal, venomous snake, or animal
raised for fur-bearing purposes shall be kept within the City.
D.
Limitation on rabbits, guinea pigs and pigeons. Not
more than two each of rabbits or guinea pigs more than four months
old nor more than 10 pigeons shall be kept on any premises within
the City.
In addition to other penalties provided in this
chapter, the following penalties are imposed:
B.
Refusal to comply with quarantine order. An owner of a dog or cat who refuses to comply with an order issued under this chapter to deliver the animal to a police officer, the City Animal Shelter or veterinarian or who does not comply with the conditions of an order that the animal be quarantined shall, upon conviction, forfeit an amount as provided in Chapter 1, Article II of this Code.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. III)]
The following definitions will be used in the interpretation and application of §§ 6-16 and 6-17 of this chapter.
Colonies, hives, and other equipment associated with honey
bees assembled in one location for beekeeping operations; also known
as a "bee yard."
A person who owns or has responsibility for one or more colonies
of honey bees.
Anything used in the operation of a honey bee apiary, such
as hive bodies, honey supers, frames, top covers, and/or bottom boards.
An aggregate of honey bees in a hive consisting of workers,
but having one queen and potentially many drones, including brood,
combs, honey and the receptacle inhabited by the bees.
The structure containing a colony of honey bees.
All stages of the common domestic honey bee.
For purposes of this chapter, a swarm is a propagation or
colony of honey bees outside of its hive.
[Added 11-4-2021]
A.
Honey beekeeping shall be allowed on City lots within the City of
Gillett as follows:
(1)
No person shall acquire, keep or stock bees in the City unless they
are honey bees and without first obtaining a valid beekeeping registration.
(2)
No more than two hives are allowed on a City lot. The hives forming
the apiary structure must be located near each other to form a single
apiary. A temporary third hive for hive splitting may be allowed for
a reasonable period of time prior to its removal to another location.
(3)
All honey bees shall be kept in hives with removable frames, which
shall be kept in sound and usable condition.
(4)
An exemption to provisions in this section may be granted at the
discretion of the Gillett Common Council, with a recommendation from
the Health, Protection, and Licensing Committee without impairing
the intent and purpose of this chapter.
(5)
All hives and related structures that form the apiary may not be
located in front or side yards and must be no less than 20 feet from
the backyard property line. Location sites may be closer than stated
limits with a signed written consent of the neighbor whose neighboring
property is at issue.
(6)
Hives shall be located a minimum of 50 feet from an adjoining lot's
recreational areas, such as patios, porches, decks, gazebos, swimming
pools, and permanently affixed play equipment, unless the owner of
the adjoining lot at issue has provided written consent for closer
hive placement.
(7)
A beekeeper must continually provide water to bees from a source
immediately within the apiary to prevent bees from seeking water sources
at nearby property.
(8)
In the event bees in a hive repeatedly exhibit aggressive behavior,
it shall be the duty of the beekeeper to remove, destroy or re-queen
the hive.
(9)
All apiary structures must be constructed, located and maintained
consistent with and in conformity to the property maintenance, landscaping
and screening provisions of the City code.
B.
Beekeeping registration.
(1)
A beekeeping registration and fee shall be required for each household
and is not transferable. A registration provides permission for honey
beekeeping at the address listed in the registration application and
by the registration holder only and shall not be transferable to another
location or person. Upon vacating the property, the beekeeper must
remove all apiary structures and bees from the property.
(2)
Applicants should utilize beekeeping associations, classes and training,
or a combination thereof, to obtain competency in beekeeping.
C.
Prohibited conduct. Beekeepers shall comply with the following:
(1)
Any bee colony not residing in a hive structure intended for beekeeping
or any swarm of bees not under active human management should be reported
to the Police Department. No beekeeper shall keep bees or hives that
cause any nuisance, unhealthy conditions, create a public threat or
interfere with the normal use and enjoyment of any public property
or property of others.
D.
Penalties; inspections; enforcement; appeal.
(1)
Penalties. Any person violating any provision of this section shall
be subject to the general penalty provisions of this Code, the penalties
provided under this section and citations issued pursuant to § 800.02,
Wis. Stats.
(2)
Removal of hive. Any hive may be impounded or removed from the City
for violations of this section upon order of the HPL Committee. The
beekeeper shall be responsible for costs of the impoundment or removal.
(3)
The Clerk/Treasurer Office shall issue registrations, and the Police
Department shall enforce the provisions of this section.
(4)
Appeal. Any person aggrieved by a determination or order of the HPL
Committee may appeal in writing to the Common Council within 30 days
of issuance of the determination or order and may request a hearing
before the Common Council. Common Council shall conduct a hearing
as soon as reasonably possible and no later than 30 days after receiving
a request for a hearing. An appeal will not stay a determination,
order or registration revocation.
[Added 8-4-2022]
A.
Animals to be confined.
(1)
No person, owner, or custodian shall permit any animal (including
fowl) to be at large within the city. Any animal shall be deemed to
be at large when it is off the premises owned or leased by its owner
or custodian unless crated, penned, or under the control of a person
able to control the animal by means of a leash of sufficient strength
to control the action of the animal, or such other personal attention
as will reasonably control the conduct and actions of the animal.
(2)
No person, owner, or custodian shall permit any animal (including
fowl) to be left unattended within five feet of a public right-of-way.
B.
Animal control: chickens; keeping of chickens in the City. In addition
to all other regulations in this chapter, the following shall apply
to the keeping of chickens within the City of Gillett:
(1)
CHICKEN
CHICKEN RUN
COOP
KEEP
ROOSTER
Definitions. The following terms, when used in this section, shall
have the meanings set forth below:
A domestic chicken of the subspecies Gallus gallus domesticus.
A fenced cage attached to a coop at least 10 square feet
in area per chicken and not to exceed 120 square feet in area.
Either the owning, keeping, possessing or harboring of a
chicken.
A male chicken of any age, including a capon or otherwise
neutered male chicken.
(2)
Annual permit required.
(a)
Any person who keeps chickens on land in the City which the person owns, occupies or controls shall obtain a permit issued by the Clerk-Treasurer. The permit is valid April 1 through March 31 and the fee shall be $10 annually plus $3 per chicken annually. The annual permit fee shall be paid no later than April 1 of each year. Any fee payments made after April 1 shall be subject to a late fee of $5 per fee schedule Chapter A41, Fee Schedule. Only one license may be issued to each parcel number.
(b)
Permit applications submitted by a person other than a record
title owner of the property upon which chickens will be kept shall
provide written consent of the property owner with the permit application.
(c)
All permit applications shall be accompanied by satisfactory
evidence that the applicant has registered the proposed location with
the Wisconsin Department of Agricultural Trade and Consumer Protection
pursuant to Wis. Stats. § 95.51 and 51 ATCP Wis. Admin.
Code.
(d)
All annual permit applications shall include signatures from
the owners of all adjacent properties within a 360-degree radius.
Signatures will be obtained by property owner.
(e)
License fees shall not be prorated or refundable.
(3)
Keeping of chickens allowed.
(a)
Up to six hens are allowed with a permit.
(b)
One permit per Single-Family Residence District and Two-Family
Residence District zoned parcel only is allowed.
(c)
No person shall keep any rooster.
(d)
No person other than at a licensed meat processing facility
may slaughter any chickens within the City.
(e)
Chickens shall be provided with fresh water at all times and
adequate amounts of feed.
(f)
Chickens shall be provided with a dedicated sanitary and adequately
sized coop, and shall be kept in the coop or a sanitary and adequately
sized chicken run attached thereto at all times. Chickens shall not
be allowed to free range and shall not be housed in garages or homes.
(g)
All permanent (non-mobile) coops shall comply with all building
and zoning requirements of this Code. Prior to construction, all coop
and run plans shall be reviewed and approved by the City Building
Inspector or his/her designee.
(h)
Coops shall be constructed in a workmanlike manner, be moisture-resistant
and either raised up off the ground or placed on a hard surface such
as concrete, patio block or gravel.
(i)
Coops with or without a chicken run shall be constructed and maintained to reasonably prevent the collection of standing water, and shall be cleaned of hen droppings, uneaten feed, and other waste daily and as is necessary to ensure that the coop and yard do not become a health, odor, or other nuisance. All feed containers shall be made of metal and rodent-proof. All chicken droppings shall be disposed of in accordance with Chapter 8 or this Code (Solid Waste Disposal).[1]
(j)
Coops shall be large enough to provide at least four square
feet per chicken, but may not exceed 10 feet in height or 50 square
feet in size.
(k)
No chicken coop shall be located closer than 25 feet to any
principal residential structure on an adjacent lot and must be set
back a minimum of three feet from adjacent property lines. No chicken
coop shall be located within any setback area.
(l)
All chicken coops shall be located in the rear yard. No chicken
coop shall be located in the front or side yard of a parcel, whether
outside the setback or not.
(m)
Coops that are no longer being utilized to house chickens shall
be removed from the property within 60 days.
(4)
Public health requirements; nuisances. In addition to compliance
with the requirements of this section, no one shall keep chickens
that cause any other nuisance associated with unhealthy conditions,
create a public health threat or otherwise interfere with the normal
use of property or enjoyment of life by humans or animals.
(a)
Chickens shall be kept and handled in a sanitary manner to prevent
the spread of communicable diseases among birds or to humans.
(b)
Any person keeping chickens shall immediately report any unusual
illness or death of chickens to the Health Department.
(c)
The Police Chief or his/her designee may order testing, quarantine,
isolation, vaccination, or humane euthanasia of ill chickens or chickens
believed to be a carrier of a communicable disease. The owner of the
chicken shall be responsible for all costs associated with the procedures
ordered hereunder.
(d)
Annual inspections of the chickens, coop and run shall be conducted
by the Police Chief and his/her designee.
(5)
Permit
revocation. A permit is subject to revocation by the Police Chief
or his/her designee upon failure to comply with any provisions hereof.
Such revocation is subject to appeal by the Plan Commission. Once
a permit is revoked, a permit shall not be reissued.
(6)
No appeals allowed. The provisions of this section shall not be subject
to appeals.
(7)
Sale of eggs and baby chicks prohibited. No person may offer to sell
eggs or chicks accumulated from the activities permitted hereunder.
C.
Penalties. Any person who shall violate any of the provisions of
this section shall be subject to a forfeiture of not less than $25
nor more than $100 for the first offense and not less than $50 nor
more than $200 for subsequent offenses.
D.
Health and sanitation.
(1)
The City Council, acting Board of Health, may make reasonable and
general rules for the enforcement of the provisions of this section
and for the prevention of the creation of health nuisances and the
protection of the public health and welfare and may, where appropriate,
require the issuance of licenses and permits. All such regulations
shall have the same effect as ordinances, and any person violating
any of such regulations and any lawful order of the Board shall be
subject to the general penalty provided for in this Code.
(2)
Deposit of deleterious substances prohibited. No person shall deposit
or cause to be deposited in any public street or on any public ground
or on any private property not his own any refuse, garbage, litter,
waste material or liquid or any other objectionable material or liquid.
When any such material is placed on the person's own private
property, it shall be properly enclosed and covered so as to prevent
the same from becoming a public nuisance.
