Village of Kimberly, WI
Outagamie County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Village Board of the Village of Kimberly 10-3-1988 as Title 7, Ch. 1, and Sec. 8-1-3 of the 1988 Code. Amendments noted where applicable.]
GENERAL REFERENCES
Parks and recreation — See Ch. 372.
Peace and good order — See Ch. 377.
Zoning — See Ch. 525
[Amended 1-24-2011 by Ord. No. 2-2011[1]]
Definitions. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
ANIMAL
Mammals, reptiles and birds.
AT LARGE
To be off the property of the owner or caretaker and not under restraint. A dog, cat, or Vietnamese pot-bellied pig/micro pig within an automobile or in an automobile of any other persons with the consent of the owner of said animal shall be deemed to be upon the owner's property.
[Amended 2-4-2013 by Ord. No. 1-2013; 10-19-2015 by Ord. No. 5-2015]
BODILY HARM
Bodily injury, including but not limited to a bruise, abrasion, scratch, bite mark, puncture, laceration, any fracture of a bone, a concussion, a loss or fracture of a tooth or any temporary loss of consciousness, sight or hearing.[2]
CARETAKER
Any person who, in the absence of the owner, temporarily harbors, shelters, keeps or is in charge of a dog, cat or any other domesticated bird or animal.
[Added 2-4-2013 by Ord. No. 1-2013]
CONFINED
Restriction of an animal at all times by the owner to an escape-proof building, vehicle or other enclosure.
CRUEL
Causing unnecessary and excessive pain or suffering or unjustifiable injury or death. Additionally, it shall be unlawful to tease, annoy, disturb, molest or irritate an animal that is confined to the owner’s property.
[Amended 2-4-2013 by Ord. No. 1-2013]
DANGEROUS ANIMAL
Any of the following:
A. 
Any animal which, when unprovoked, inflicts bodily harm on a person, domestic pet or animal on public or private property.
B. 
Any animal which repeatedly chases or approaches persons in a menacing fashion or apparent attitude of attack, without provocation, upon the streets, sidewalks or any public grounds or on private property of another without the permission of the owner or person in lawful control of the property.
C. 
Any animal with a known propensity, tendency or disposition to attack, to cause injury to, or otherwise threaten the safety of humans or other domestic pets.[3]
[Amended 2-4-2013 by Ord. No. 1-2013]
DOMESTIC ANIMAL
Any animal which is normally considered tame or domesticated and suitable for home life with humans.
[Amended 2-4-2013 by Ord. No. 1-2013]
DWELLING UNIT
A building or portion thereof designed to be used exclusively for residential purposes.
[Added 2-4-2013 by Ord. No. 1-2013]
FARM ANIMAL
Any warm-blooded animal normally raised on farms in the United States and raised for food or fiber.
KENNEL
Any premises wherein any person engaged in the business of boarding, breeding, buying, letting for hire, training for a fee or selling of dogs or cats.
[Added 2-4-2013 by Ord. No. 1-2013]
LAW ENFORCEMENT OFFICER
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.
LICENSING AUTHORITY
The political body authorized to issue animal licenses.
[Added 2-4-2013 by Ord. No. 1-2013]
MOLEST
Excessive barking or squealing, running up to or charging, threatening, jumping on or otherwise harassing people or other domestic animals or the passing public that are in the public right-of-way or on public property or on their own property or property of anyone other than the owner or custodian of the animal.[4]
[Amended 10-19-2015 by Ord. No. 5-2015]
OWNER
Any individual that has the right of property in an animal or who keeps, harbors, cares for, acts as its caretaker or who knowingly permits an animal to remain on or about his premises/property for five or more consecutive days.
[Amended 2-4-2013 by Ord. No. 1-2013]
PET
Any animal kept and treated as a pet.
PET STORE
Any retail establishment in a commercially-zoned building whose business includes the sale of live animals.
[Added 2-4-2013 by Ord. No. 1-2013]
PROHIBITED DANGEROUS ANIMAL
Any of the following:
A. 
Any animal that, while off the owner's or custodian's property, has killed a domesticated animal without provocation.
B. 
Any animal that, without provocation, inflicts serious bodily harm on a person on public or private property.
C. 
Any animal brought from another city, village, town or county that has been declared dangerous or vicious by that jurisdiction.
D. 
Any dog that is subject to being destroyed under § 174.02(3), Wis. Stats.
E. 
Any dog trained, owned or harbored for the purpose of dogfighting.
PUBLIC NUISANCE ANIMAL
Any animal which:
A. 
Habitually pursues any vehicle or passerby upon any public street, alley or highway in the Village.
B. 
Molests people, domestic animals or passing vehicles.
C. 
Attacks persons or domestic animals without provocation when such persons or domestic animals are peacefully conducting themselves in a place where they are lawfully entitled to be.
[Amended 2-4-2013 by Ord. No. 1-2013]
D. 
Is at large on school grounds or in parks or cemeteries.
[Amended 2-4-2013 by Ord. No. 1-2013]
E. 
Is repeatedly at large.
[Added 2-4-2013 by Ord. No. 1-2013[5]]
F. 
Damages private or public property.
G. 
Barks, whines, howls or squeals in an excessive, continuous or untimely fashion.
[Amended 2-4-2013 by Ord. No. 1-2013; 10-19-2015 by Ord. No. 5-2015]
H. 
Does not have the current vaccination as required by § 180-2.
I. 
Is subject to § 180-5 below.
J. 
Is the subject of repeated violations under this chapter.
[Added 2-4-2013 by Ord. No. 1-2013]
RENDER STERILE
Refers to a surgical procedure that has been performed on an animal that renders it incapable of siring or bearing offspring. The term includes neutering and spaying.
[Added 2-4-2013 by Ord. No. 1-2013]
RESTRAINT
The animal is secured by a leash or lead, and under the control of a responsible person and obedient to that person's command, or within the real property limits of its owner or caretaker.
[Amended 2-4-2013 by Ord. No. 1-2013]
SERIOUS BODILY HARM
Bodily injury which causes death, creates a substantial risk of death, or which causes serious permanent disfigurement, or which causes a permanent or protracted loss or impairment of the function of any bodily member or organ, or other serious bodily injury requiring medical care or treatment.
[Amended 2-4-2013 by Ord. No. 1-2013]
UNRESTRAINED ANIMAL
Any animal not subject to restraint by the owner or lawful custodian.
[Added 2-4-2013 by Ord. No. 1-2013]
VETERINARY HOSPITAL or CLINIC
Any establishment maintained and operated by a licensed veterinarian for surgery, diagnosis and treatment of disease and injuries of animals.
[Added 2-4-2013 by Ord. No. 1-2013]
WILD ANIMAL
Any nonhuman primate, raccoon, skunk, fox, wolf or any animal which is in part of the canis lupis species, any animal raised for fur-bearing purposes or any other animal or hybrid thereof which can normally be found in the wild state, or poisonous reptiles, crocodilians and any other snake or reptile exceeding three feet in length.
[Added 2-4-2013 by Ord. No. 1-2013]
[1]
Editor's Note: Original subsection (a) of this section, License required, was repealed 3-5-2012 by Ord. No. 3-2012. See § 180-3 for licensing requirements.
[2]
Editor's Note: The former definition of "cat," which immediately followed this definition, was repealed 2-4-2013 by Ord. No. 1-2013.
[3]
Editor's Note: The former definition of “dog,” which immediately followed this definition, was repealed 2-4-2013 by Ord. No. 1-2013.
[4]
Editor's Note: The former definition of "neutered," which immediately followed this definition, was repealed 2-4-2013 by Ord. No. 1-2013.
[5]
Editor's Note: The inclusion of Ord. No. 1-2013 also provided for the redesignation of former Subsections E through H as Subsections F through I, respectively.
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 Village of Kimberly 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 Village 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.
[Amended 3-5-2012 by Ord. No. 3-2012]
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 Village, 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, the date that the immunization expires as specified for that type of vaccine by the Center for Disease Control of the U.S. Department of Health and Human Services and the Village.
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 Village of Kimberly 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.
(3) 
The license tax under this section shall be established by the Village Board. The amounts shall be reduced by 1/2 if the animal became five months of age after July 1 during the license year. The license year shall commence January 1 and end December 31.
[Amended 3-5-2012 by Ord. No. 3-2012]
(4) 
Upon payment of the required license tax and upon presentation of evidence that the dog is currently immunized against rabies, as required by § 180-2 of this chapter, the Village Administrator shall complete and issue to the owner a license for such dog containing all information required by state law. The Village 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 § 180-2E.
(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 Village 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 pursuant to § 174.053, Wis. Stats., for a kennel of 12 or fewer dogs, plus an additional fee for each dog in excess of 12. Upon payment of the required kennel license tax and, if required by the Village Board, upon presentation of evidence that all dogs over five months of age are currently immunized against rabies, the Village 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 after a conditional use permit has been issued pursuant to the Village's Zoning Code.
[Amended 3-5-2012 by Ord. No. 3-2012]
(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.
The Village Administrator shall assess and collect a late fee of $5 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 1-24-2011 by Ord. No. 2-2011]
A. 
Dogs, cats, and Vietnamese pot-bellied pigs/micro pigs confined. If a district is quarantined for rabies, all dogs, cats, or Vietnamese pot-bellied pigs/micro pigs within the Village shall be kept securely confined, tied, leashed or muzzled. Any dog, cat, or Vietnamese pot-bellied pigs/micro pig 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 Village Clerk shall promptly post in at least three public places in the Village notices of quarantine.
[Amended 10-19-2015 by Ord. No. 5-2015]
B. 
Exemption of vaccinated dog or cat from Village 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 Village quarantine provisions of Subsection A if a rabies vaccination tag or substitute tag is attached to the dog's or cat's collar.
C. 
Bite or scratch incident.
(1) 
If any dog or cat for which the owner holds a current rabies certificate is involved in a bite or scratch incident, the owner shall quarantine and confine the animal under the supervision of a licensed veterinarian for at least 10 days from the date of the incident. The animal shall not be allowed to come in contact with other animals or people during the period of confinement. "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.
(2) 
Any dog, cat, Vietnamese pot-bellied pig/micro pig 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 or a place designated by the Fox Valley Metro Police Department.
[Amended 3-5-2012 by Ord. No. 3-2012; 10-19-2015 by Ord. No. 5-2015]
(3) 
The owner of any dog, cat, or Vietnamese pot-bellied pig/micro pig involved in a bite or scratch incident is responsible for any expenses incurred.
[Amended 10-19-2015 by Ord. No. 5-2015]
[Amended 1-24-2011 by Ord. No. 2-2011; 2-4-2013 by Ord. No. 1-2013]
A. 
It shall be unlawful for any person within the Village of Kimberly to own, harbor or keep any animal which has been determined to be a public nuisance as defined in § 180-1 or allow the animal to run at large in the Village.
[Amended 2-4-2013 by Ord. No. 1-2013]
B. 
The owner or custodian of any animal shall confine, restrain or maintain control over the animal so that the unprovoked animal does not run at large, attack, molest or cause bodily harm to any person or domesticated animal.
C. 
All owners and custodians shall exercise proper care and control of their animals under their ownership, possession or custody to prevent them from becoming a public nuisance animal.
D. 
Every female dog or cat in heat shall be confined in a building or secure enclosure or otherwise restrained in such a manner that such female dog or cat cannot come into contact with another unneutered male of the same species, except for planned breeding.
E. 
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.
[Amended 1-24-2011 by Ord. No. 2-2011]
A. 
Unrestrained and nuisance animals shall be taken by authorized employees of the Fox Valley Metro Police Department and impounded in a temporary or permanent animal shelter and there confined in a humane manner.
[Amended 3-5-2012 by Ord. No. 3-2012]
B. 
When an animal is causing a public nuisance and its owner or custodian cannot be contacted at the time of the complaint, it may be impounded by authorized employees of the Fox Valley Metro Police Department after an attempt to contact the owner or custodian is unsuccessful. After impoundment, reasonable attempts shall be made to contact the owner or custodian.
[Amended 3-5-2012 by Ord. No. 3-2012]
C. 
An owner or custodian reclaiming an impounded animal shall pay the accrued impoundment fee and comply with provisions of § 180-3A.
D. 
Any animal not reclaimed by its owner or custodian within seven days becomes the property of the local government authority or humane society and shall be placed for adoption in a suitable home or, if a prohibited dangerous animal, humanely euthanized in lieu of placement for adoption.
A. 
Dogs, cats, or Vietnamese pot-bellied pigs/micro pigs restricted in cemeteries. No dog, cat, or Vietnamese pot-bellied pig/micro pig shall be permitted in any public cemetery. Dogs specially trained to lead blind persons shall be exempt from this section.
[Amended 10-19-2015 by Ord. No. 5-2015]
B. 
Animals excluded from food-handling establishments. No person shall take or permit to remain any dog, cat or other live animal on or upon any premises where food is sold, offered for sale or processed for consumption by the general public.
[Amended 1-24-2011 by Ord. No. 2-2011; 3-5-2012 by Ord. No. 3-2012]
All incidents occurring in the Village in which any animal bites or scratches a person or another animal or is suspected of such shall immediately be reported to the Fox Valley Metro Police Department by any person having knowledge of such incident. If the bite or scratch is caused by an animal for which there is no rabies vaccine or known quarantine, the animal, at the discretion of the Fox Valley Metro Police Department, may be euthanized and analyzed for rabies with all expenses incurred being the responsibility of the owner.
The owner or person in charge of any dog, cat, 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.
It shall be unlawful for any person owning or possessing an animal, dog or cat to permit such animal, dog or 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, flower bed, plant, shrub, tree or garden in any manner whatsoever, or to defecate or urinate thereon.
[Amended 3-5-2012 by Ord. No. 3-2012; 10-19-2015 by Ord. No. 5-2015]
It shall be unlawful for any person knowingly to keep or harbor any animal which habitually barks, howls, yelps, cries, or squeals to the great discomfort of the peace and quiet of the neighborhood or in such manner as to materially disturb or annoy persons in the neighborhood who are of ordinary sensibilities. Such dogs, cats and Vietnamese pot-bellied pigs/micro pigs are hereby declared to be a public nuisance. The owner of a dog, cat, or Vietnamese pot-bellied pigs/micro pig is considered to be in violation of this section when two formal written complaints are filed with the Fox Valley Metro Police Department within a four-week period.
[Amended 3-5-2012 by Ord. No. 3-2012; 2-4-2013 by Ord. No. 1-2013]
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 Village 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), 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 Village 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 Subsections A and C herein 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, or by a person holding a scientific collector permit issued by the Secretary of the Department of Natural Resources of the state, or to any person or organization licensed to present a circus.
C. 
No person shall keep or permit to be kept any wild animal as a pet.
D. 
Except as otherwise permitted within this section, no person shall keep, sell or offer for sale within the Village any horses, cows, goats, sheep, bees, pigeons, chickens, geese, ducks or other fowl or any other domestic animal other than a dog, cat, Vietnamese pot-bellied pig/micro pig, rabbit, small caged birds, small caged animals or reptiles or aquatic and amphibian animals, kept solely as pets.
[Amended 10-19-2015 by Ord. No. 5-2015]
E. 
No person shall exhibit or permit to be kept on their premises or any public place any wild animal for display or exhibition purposes, whether gratuitously or for a fee.
F. 
The prohibitions in Subsection C of this section do not apply when the creatures are in the care, custody or control of a veterinarian for treatment.
G. 
Public or private educational institutions, nonprofit organizations, itinerant or transient carnivals, circuses or other theatrical performances may seek from the Health Officer a limited exemption from this section, provided that the display will be of limited duration and meet any other requirements or conditions mandated by the Health Officer and the location complies with provisions of Chapter 525, pertaining to zoning, of the Village Code. The person or organization having custody and control of any animal permitted by this section shall be responsible for compliance with all other provisions of this chapter while the animal remains within the Village limits.
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 shall prove that such killing was unwarranted.
(5) 
Sections 173.10, Investigation of cruelty complaints, and 173.24, Reimbursement for 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 the owner of such animal cannot be located, the Village or any animal control agency with which the Village 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.
Acts of cruelty prohibited. No person except a law enforcement or animal control officer in the pursuit of his duties shall, within the Village, shoot or kill or commit an act of cruelty to any animal or bird or disturb any bird's nest or bird's eggs.
[1]
Editor's Note: Original subsections (b) through (e) of this section were repealed 3-5-2012 by Ord. No. 3-2012. The provisions of those original subsections are now covered by § 377-1 of this Code.
A. 
In the interest of public health and safety, it shall be unlawful for any person, in or on Village-owned land within the Village of Kimberly 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 within the confines of buildings or homes.
E. 
Nothing in this section shall prohibit or hinder the Village of Kimberly or its employees or agents from performing their official duties.[1]
[1]
Editor's Note: Original Sec. 7-1-20, Dognapping and catnapping, which immediately followed this section, was repealed 3-5-2012 by Ord. No. 3-2012. The provisions of that original section are now covered by § 377-1 of the Code.
[Amended 1-24-2011 by Ord. No. 2-2011; 3-5-2012 by Ord. No. 3-2012]
Any person who, as the operator of a motor vehicle, strikes a domestic animal shall stop at once and shall immediately report such injury or death to the animal's owner or custodian. If the owner or custodian cannot be ascertained and located, such operator shall at once report the accident to the Fox Valley Metro Police Department or to the Humane Society.
[Amended 3-5-2012 by Ord. No. 3-2012; 2-4-2013 by Ord. No. 1-2013; 10-19-2015 by Ord. No. 5-2015]
No person or household shall keep more than six animals, the maximum number of dogs or cats being three, the maximum number of rabbits or Vietnamese pot-bellied pigs/micro pigs being two, on any Village lot, land parcel, home or dwelling unit if in a multiple-dwelling unit, with the exception of a litter of pups or kittens, which may be kept for a period of time not to exceed five months from birth. This section does not apply to premises holding a valid kennel license.
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 Village 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 the said premises.
(4) 
The bees and equipment shall be kept in accordance with the provisions of state law.
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.
[Added 1-24-2011 by Ord. No. 2-2011]
A. 
Upon conducting an investigation, a law enforcement officer may issue an order declaring an animal to be a dangerous animal. Whenever an owner or caretaker wishes to contest an order, he or she shall, within 72 hours after receipt of the order, deliver to the Village Clerk a written objection to the order stating specific reasons for contesting the order. Upon receipt of the written objection, the matter shall be placed on the agenda for the Village Board to be reviewed at the next regular meeting. The Village Board shall act as a quasi-judicial body allowing the animal's owner or custodian an opportunity to present evidence as to why the animal should not be declared dangerous.
B. 
After the hearing, the owner or caretaker shall be notified in writing of the Village Board's determination. If the Village Board upholds the determination that the animal is dangerous, the owner or custodian shall comply with the requirements of § 180-21. If the owner or custodian further contests the determination, he or she may, within five days of receiving the Village Board's decision, seek review of the decision by the Circuit Court.
C. 
Upon an animal being declared dangerous, the owner or custodian shall immediately comply with the leashing, muzzling and confinement requirements of § 180-21, with all other requirements in that section being satisfied within 30 days of the dangerous declaration or reaffirmation thereof or within such time as established by the Village Board.
[Added 1-24-2011 by Ord. No. 2-2011]
A. 
Dangerous animals regulated.
(1) 
No person may harbor or keep a dangerous animal within the Village unless all provisions of this section are complied with. Any animal that is determined to be a prohibited dangerous animal under this chapter shall not be kept or harbored in the Village.
(2) 
The issuance of a summons for a violation of this section need not be predicated on a determination that an animal is a dangerous animal.
B. 
Registration. The owner of any animal declared dangerous shall register it with the Fox Valley Metro Police Department upon disposition, and annually thereafter on or before April 1 of each year, by providing a current color photograph of the animal, payment of a seventy-five-dollar registration fee, and proof of liability insurance as outlined in Subsection G.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
C. 
Leash and muzzle.
(1) 
No owner or custodian harboring or having the care of a dangerous animal may permit such an animal to go outside its dwelling, kennel or pen unless the animal is securely restrained with a leash no longer than four feet in length.
(2) 
No person may permit a dangerous animal to be kept on a chain, rope or other type of leash outside its dwelling, kennel or pen unless a person who is 16 years of age or older, competent to govern the animal and capable of physically controlling and restraining the animal, is in physical control of the leash.
(3) 
A dangerous animal may be securely leashed or chained to an immovable object, with the owner or custodian being in the physical presence of the animal at all times when it is so leashed or chained.
(4) 
A dangerous animal outside of the animal's dwelling, kennel or pen shall be muzzled in a humane way by a muzzling device sufficient to prevent the animal from biting persons or other animals.
D. 
Confinement.
(1) 
Except when leashed and muzzled, all dangerous animals shall be securely confined indoors or in a securely enclosed and locked pen or kennel that is located on the premises of the owner or custodian and constructed in a manner that does not allow the animal to exit the pen or kennel on its own volition.
(2) 
When constructed in a yard, the pen or kennel shall, at a minimum, be constructed to conform to the requirements of this subsection. The pen or kennel shall be childproof from the outside and animalproof from the inside. A strong metal double fence with adequate space between fences (at least two feet) shall be provided so that a child cannot reach into the animal enclosure. The pen, kennel or structure shall have secure sides and a secure top attached to all sides. A structure used to confine a dangerous animal shall be locked with a key or combination lock when the animal is within the structure. The structure shall either have a secure bottom or floor attached to the sides of the pen or the sides of the pen shall be embedded in the ground no less than two feet. All structures erected to house dangerous animals shall comply with all Village zoning and building regulations. All structures shall be adequately lighted and ventilated and kept in a clean and sanitary condition.
(3) 
Indoor confinement. No dangerous animal may be kept on a porch, patio or in any part of a house or structure on the premises of the owner or custodian that would allow the animal to exit the building on its own volition. No dangerous animal may be kept in a house or structure when the windows are open or when screen windows or screen doors are the only obstacle preventing the animal from exiting the structure.
E. 
Signs. The owner or custodian of a dangerous animal shall display, in prominent places on his or her premises near all entrances to the premises, signs in letters of not less than two inches high warning that there is a dangerous animal on the property. A similar sign is required to be posted on the kennel or pen of the animal. In addition, the owner or custodian shall conspicuously display a sign with a symbol warning children of the presence of a dangerous animal.
F. 
Spay and neuter requirement. Within 30 days after an animal has been designated dangerous, the owner or custodian of the animal shall provide written proof from a licensed veterinarian that the animal has been spayed or neutered.
G. 
Liability insurance. The owner or custodian of a dangerous animal shall present to the Fox Valley Metro Police Department a certificate of insurance that the owner or caretaker has procured liability insurance in an amount not less than $1,000,000 for any personal injuries inflicted by the dangerous animal. Whenever such policy is cancelled or not renewed, the insurer and animal's owner or custodian shall notify the Fox Valley Metro Police Department of such cancellation or nonrenewal in writing by certified mail.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
H. 
Waiver by Village Board.
(1) 
Upon request by the owner or custodian, the Village Board may waive any requirement specified in Subsections A through G that is deemed to be inappropriate for a particular dangerous animal
(2) 
The Village Board may waive the provisions of Subsections B through G for a law enforcement or military animal upon presentation by the animal's owner or handler of satisfactory arrangement for the safekeeping of the animal.
I. 
Notification. The owner or custodian shall notify the Fox Valley Metro Police Department within 24 hours if a dangerous animal is at large, is unconfined, has attacked another animal, has attacked a human being or has died. No person may sell or transfer possession of a dangerous animal to another person without first notifying the person to whom the dangerous animal is being sold or transferred of the fact that such animal is a dangerous animal and of any requirements imposed upon the selling or transferring party by this chapter. No person may sell or transfer possession of a dangerous animal to another person, agency, organization or the like without first notifying the Fox Valley Metro Police Department in writing, at least three days in advance of the sale or transfer of possession, with the name, address and telephone number of the new owner of the dangerous animal. If the dangerous animal is sold or given away to a person residing outside the Village, the owner or custodian shall present evidence to the Fox Valley Metro Police Department showing that he or she has notified the police department or other law enforcement agency of the animal's new residence, including the name, address and telephone number of the new owner of the dangerous animal.
J. 
Euthanasia. If the owner or custodian of an animal that has been designated a dangerous animal is unwilling or unable to comply with the regulations for keeping the animal in accordance with this section, he or she may have the animal humanely euthanized by an animal shelter, the Humane Society or a licensed veterinarian.
[Added 1-24-2011 by Ord. No. 2-2011]
Notwithstanding the definition of a dangerous animal or prohibited dangerous animal in § 180-1:
A. 
No animal may be declared dangerous or prohibited dangerous if death, injury or damage is sustained by a person who, at the time such injury or damage was sustained, was committing a trespass on the land or criminal intent or criminal trespass on the dwelling upon premises occupied by the owner or custodian of the animal; was teasing, tormenting, abusing or assaulting the animal; or was committing or attempting to commit a crime or violating or attempting to violate an ordinance which protects persons or property.
B. 
No animal may be declared dangerous if the animal was protecting or defending a human being within the immediate vicinity of the animal from an unjustified attack or assault.
C. 
No animal may be declared dangerous for acts committed by the animal while being utilized by a law enforcement agency for law enforcement purposes while under the control and direction of a law enforcement officer.
[Added 1-24-2011 by Ord. No. 2-2011]
A. 
Not allowed in Village. No person may bring into or keep in the Village any animal that is a prohibited dangerous animal under this section.
B. 
Determination of a prohibited dangerous animal.
(1) 
The Fox Valley Metro Police Department may determine an animal to be a prohibited dangerous animal whenever the Police Department finds that an animal meets the definition of prohibited dangerous animal or is a dangerous animal in noncompliance with any of the provisions of § 180-21.
(2) 
Upon conducting an investigation and finding an animal meets the definition of a prohibited dangerous animal, the Fox Valley Metro Police Department may issue an order declaring an animal to be a prohibited dangerous animal. Whenever an owner or custodian wishes to contest an order, he or she shall, within 72 hours after receipt of the order, deliver to the Village Clerk a written objection to the order stating specific reasons for contesting the order. Upon receipt of the written objection, the matter shall be placed on the agenda for the Village Board to be reviewed at the next regular meeting. The Village Board shall act as a quasi-judicial body allowing the animal's owner or custodian an opportunity to present evidence as to why the animal should not be declared a prohibited dangerous animal.
(3) 
Pending the outcome of the hearing, the animal may be confined subject to § 173.21, Wis. Stats., or held at a location outside the limits of the Village.
(4) 
After the hearing, the owner or custodian shall be notified in writing of the Village Board's determination. If a determination is made that the animal is a prohibited dangerous animal, the owner or custodian shall comply with Subsection A within five days after the date of the determination. If the owner or custodian further contests the determination, he or she may, within five days of receiving the Village Board's decision, seek review of the decision by the Circuit Court.
C. 
Destruction. Any dog that has caused bodily harm to a person, persons or a domestic animal on two separate occasions off the owner's premises, without reasonable cause, may be destroyed as a result of judgment rendered by a court of competent jurisdiction, as specified under § 174.02(3), Wis. Stats. The Village Attorney may petition an appropriate court to obtain a court order to destroy such a dog.
D. 
Enforcement. The Fox Valley Metro Police Department may make whatever inquiry is deemed necessary to ensure compliance with this section.
E. 
Waiver. The Village Board may waive the provisions of this section for a law enforcement or military animal upon presentation by the animal's owner or handler of a satisfactory arrangement for safekeeping of the animal.
[Amended 1-24-2011 by Ord. No. 2-2011]
A. 
Any person violating § 180-14, 180-15, 180-16, 180-17, 180-18 or 180-19 shall be subject to a forfeiture of not less than $50 and not more than $200.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
B. 
Anyone who violates § 180-2, 180-3, 180-4, 180-5, 180-20 or 180-21 of this chapter or Ch. 174, Wis. Stats., shall be subject to a forfeiture of not less than $25 and not more than $200 for the first offense and not less than $100 and not more than $400 for any subsequent offenses.
C. 
An owner who fails to have a dog or cat vaccinated against rabies as required in § 180-2 shall be subject to a forfeiture of not less than $50 nor more than $100.[2]
[2]
Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
D. 
An owner who refuses to comply with an order issued under § 180-5 to deliver an animal to an officer, isolation facility or veterinarian or who does not comply with the conditions of an order that an animal be quarantined shall be fined not less than $100 nor more than $1,000.[3]
[3]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
E. 
Any person who violates §§ 180-6 through 180-13 of this chapter shall be subject to a forfeiture of not less than $25 and not more than $100 for the first violation and not less than $50 and not more than $200 for subsequent violations.
F. 
Any owner who refuses to comply with § 180-23 of this chapter shall be fined not less than $100 nor more than $400. Each day the animal is kept within the Village in violation of § 180-23 will constitute a separate occurrence.
G. 
This section shall also permit the Village Attorney to apply to the court of competent jurisdiction for a temporary or permanent injunction restraining the person from violating any aspects of this chapter or to affirmatively order conditions of confinement or destruction.