All structures, pens, buildings, stables, coops, or yards wherein animals or fowl are kept shall be maintained in a clean and sanitary condition, including, without limitation, free of rodents, vermin, and objectionable odors.
[Added 11-17-2009 by Ord. No. 2009-06]
A. 
Statutory authority. Pursuant to § 60.22(3), Wis. Stats., the Town Board of the Town of Buchanan hereby regulates the keeping of farm animals in certain areas in the Town of Buchanan as described herein.
B. 
Purpose. The purpose of this section is to regulate the keeping of farm animals within certain areas in the Town of Buchanan for the public interest, welfare and health.
C. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
FARM ANIMALS
Horses, donkeys, cows, pigs, goats, sheep, ducks, geese, turkeys, chickens, roosters, llamas and alpacas, regardless of animal size or age. Farm animals shall also include other livestock or animals kept for profit, for hobby, for labor or for food or fiber which are not customary and usual house pet animals (dog, cat, etc.) maintained within the primary residential structure.
OWNER
Includes owner, owners, tenants, lessees and/or occupants.
D. 
Restrictions on farm animals. No farm animal shall be raised, harbored, cared for or provided for on any parcel of land in the Town of Buchanan in the following areas:
(1) 
Within the boundaries of the Darboy Joint Sanitary District No. 1.
(2) 
Within any platted subdivision.
(3) 
Within any residential zoned area.
(4) 
On any parcel of land less than three acres in size.
E. 
Horses/ponies:
(1) 
If otherwise permitted in the section, one horse or pony shall be permitted on a parcel of land at least three acres or more in size.
(2) 
One additional horse or pony shall be permitted for each additional acre.
F. 
Special exceptions. Farm animals may be kept in areas as set forth in Subsection D if a special exception is granted. The special exception shall be granted in accordance with the provisions of Chapter 525, Zoning, Article XIII, Special Exceptions. The procedure set forth in said article shall be followed.
G. 
Penalty. The Town of Buchanan does hereby determine that the keeping of said animals in the areas described in Subsection D above is a nuisance.[1] Any person violating this section shall be notified at the address shown on the address maintained by the Town of Buchanan for real estate tax purposes, by certified or registered mail or service, as provided in § 801.11, Wis. Stats., to remove the farm animal or animals within five days of the date of mailing or service. If the farm animal or animals are not removed within said period, upon conviction, the Town shall assess a penalty of $50 plus costs and the cost of prosecution. Each day of violation shall be considered a separate offense. Further, the Town may proceed in the Circuit Court for Outagamie County to obtain an injunction removing said farm animal or animals. Upon the issuance of an order for removal of said farm animal or animals, the farm animal or animals may be removed, relocated or destroyed at the Town's sole discretion, and the costs of removal, relocation and/or destruction shall be assessed upon the owner of the real estate on which the farm animal or animals were located. The Town of Buchanan shall further be entitled to collect all fees and costs, including attorneys' fees, incurred in enforcing this section.
[1]
Editor's Note: See also Ch. 404, Nuisances.
H. 
Effect on preexisting animals.
(1) 
Any farm animal or animals lawfully located on any parcel of land at the effective date of this section, which are not permitted by the provisions of this section, shall be permitted and deemed "grandfathered." However, such violation may not be expanded with additional farm animals, such that at no time shall the number of farm animals located on any such parcel exceed the number of farm animals located thereon at the effective date of this section.
(2) 
When the owner of any parcel of land containing a farm animal or animals which have been permitted and grandfathered no longer has a farm animal or animals located thereon for six consecutive months or more, such parcel of land shall thereafter be required to comply with the requirements of this section.