[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.]
[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:
Mammals, reptiles and birds.
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 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]
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]
Restriction of an animal at all times by the owner to an
escape-proof building, vehicle or other enclosure.
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]
Any of the following:
Any animal which, when unprovoked, inflicts bodily harm on a
person, domestic pet or animal on public or private property.
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.
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]
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]
A building or portion thereof designed to be used exclusively
for residential purposes.
[Added 2-4-2013 by Ord. No. 1-2013]
Any warm-blooded animal normally raised on farms in the United
States and raised for food or fiber.
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]
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.
The political body authorized to issue animal licenses.
[Added 2-4-2013 by Ord. No. 1-2013]
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]
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]
Any animal kept and treated as a pet.
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]
Any of the following:
Any animal that, while off the owner's or custodian's property,
has killed a domesticated animal without provocation.
Any animal that, without provocation, inflicts serious bodily
harm on a person on public or private property.
Any animal brought from another city, village, town or county
that has been declared dangerous or vicious by that jurisdiction.
Any dog that is subject to being destroyed under § 174.02(3),
Wis. Stats.
Any dog trained, owned or harbored for the purpose of dogfighting.
Any animal which:
Habitually pursues any vehicle or passerby upon any public street,
alley or highway in the Village.
Molests people, domestic animals or passing vehicles.
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]
Is at large on school grounds or in parks or cemeteries.
[Amended 2-4-2013 by Ord. No. 1-2013]
Is repeatedly at large.
[Added 2-4-2013 by Ord. No. 1-2013[5]]
Damages private or public property.
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]
Does not have the current vaccination as required by § 180-2.
Is subject to § 180-5 below.
Is the subject of repeated violations under this chapter.
[Added 2-4-2013 by Ord. No. 1-2013]
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]
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]
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]
Any animal not subject to restraint by the owner or lawful
custodian.
[Added 2-4-2013 by Ord. No. 1-2013]
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]
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.
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.
D.
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.
E.
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.
F.
Owner's liability for damage caused by dogs; penalties. The provisions
of § 174.02, Wis. Stats., relating to the owner's liability
for damage caused by dogs together with the penalties therein set
forth are hereby adopted and incorporated herein by reference.
[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.
[Added 6-15-2020 by Ord. No. 2-2020]
A.
No natural person, corporation, limited liability company, partnership,
trust or other legal entity shall maintain or operate any place or
premises within the Village of Kimberly where animals are used as
one of the primary purposes of medical, surgical or chemical investigation,
experimentation, testing or demonstration.
B.
No natural person, corporation, limited liability company, partnership,
trust or other legal entity shall maintain or operate any place or
premises within the Village of Kimberly where animals are bred, raised,
or possessed, sold or offered for sale for the purpose of sending
the animals outside the Village for the purpose of medical, surgical,
or chemical investigation, experimentation, testing or demonstration.
C.
Nothing in this section shall be interpreted to limit the ability
of the owner of an animal residing in the Village to enroll their
pet animal in clinical trials of a medical or other form of rehabilitation
nature which may provide benefit to the animal.
D.
Places, premises, and operations prohibited by this section are declared to be public nuisances greatly offending public morals and decency, having a negative effect on the physical and psychological health and general welfare of the residents of the Village, as well as the health and humane welfare of animals subjected to the purposes prohibited by this section. Accordingly, violations of any subsection of this section are hereby deemed a public nuisance coming within the definition of Village of Kimberly Code § 364-7.
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.
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.
[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 5-20-2019 by Ord.
No. 2-2019]
In addition to all other regulations in this chapter, the following
shall apply to the keeping of chickens within the Village of Kimberly.
A.
CHICKEN
CHICKEN COOP
CHICKEN RUN
KEEP
ROOSTER
Definitions. The following terms, when used in this section, shall
have the meanings set forth as follows:
A domestic chicken of the sub-species Gallus gallus domesticus.
A new or existing enclosed structure designed or modified
for the keeping or housing of chickens.
A fenced outdoor pen or cage attached to a coop.
Either the owning, keeping, possessing or harboring of a
chicken.
A male chicken of any age, including a capon or otherwise
neutered male chicken.
B.
License required.
(1)
Any person who keeps chickens on land in the Village which the
person owns, occupies or controls shall obtain an annual license issued
by the Village. The license is valid January 1 through December 31
and the fee shall be as established by resolution of the Village Board
and listed on the Village's Schedule of Fees.
(2)
Licenses for keeping chickens shall be limited to land where
the principal use is residential or educational.
(3)
There shall be no more than one license issued to a parcel of
land for the keeping of chickens.
(4)
License 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 license application.
(5)
License applications shall be accompanied by satisfactory evidence
of written consent for the keeping of chickens from the owners of
record, and occupants, of all land within 100 feet of the premises
in which chickens are proposed to be kept.
(6)
Renewal licenses do not require the consent of neighboring property
owners and occupants.
(7)
All license applications shall be accompanied by satisfactory
evidence that the applicant has registered the proposed location with
the Wisconsin Department of Agriculture, Trade, and Consumer Protection
pursuant to Wis. Stats. § 95.51 and Wis. Administrative
Code ATCP 17.
(8)
A license shall not be issued until the Village has inspected
the property and confirmed a compliant chicken coop and chicken run
have been provided.
C.
Conditions for keeping of chickens.
(1)
Not more than six chickens are allowed to be kept on a property
with a license.
(2)
No person shall keep any rooster.
(3)
Chickens shall be kept or maintained within a coop and attached
chicken run enclosure at all times.
(4)
Chickens shall be provided with adequate water, food, and shelter.
(5)
Chicken coops and chicken runs shall be cleaned of feces, uneaten
feed, feathers, and other waste as necessary to ensure the birds health
and minimize odor and other nuisances.
(6)
Feed shall be stored in containers which make the feed inaccessible
to rodents, vermin, wild birds, and predators.
(7)
Offsite sale of eggs is prohibited except as otherwise licensed
by the State of Wisconsin and the United States Department of Agriculture.
(8)
The slaughtering of licensed chickens may be conducted on the
property licensed to keep chickens only if conducted in a humane and
sanitary manner, outside of the view of any public area or adjacent
properties. A maximum of six chickens may be slaughtered on the property
in a license year.
(9)
Deceased chickens shall be disposed of immediately in a safe
manner, which may include trash disposal after placing the deceased
chicken in a sealed bag.
(10)
Unusual illness or death of chickens shall be immediately reported
to the Outagamie County Health Department.
D.
Chicken coops and runs.
(1)
Chicken coops and chicken runs shall only be located in rear
yards and shall meet applicable zoning district setback requirements
for detached structures. In the case of parcels with multiple street
frontages, chicken coops and chicken runs shall be located no closer
to a public right of way than the zoning district required street
yard setback for principal building, as defined in the Village Zoning
Ordinance,[1] or 25 feet, whichever is greater.
(2)
Chicken coops and chicken runs shall be located no less than
25 feet from neighboring principal buildings, as defined in the Village
Zoning Ordinance.
(3)
All chickens shall be kept and maintained within an insulated,
ventilated, and weather tight coop in compliance with applicable Village
ordinances.
(4)
The chicken coop shall provide at least three square feet of
floor area per chicken, but shall not exceed 64 square feet in total
area.
(5)
The chicken coop shall be provided with a sufficient quantity
of suitable bedding material to provide insulation and protection
against the cold and dampness and promote the retention of body heat.
(6)
The chicken coop floor shall be of a hard, cleanable surface.
A dirt floor or similar is not permissible.
(7)
The chicken coop shall be provided with one nest box per three
chickens, and elevated perches to ensure chickens are able to rest
in their natural roosting positions.
(8)
Chicken coops and chicken runs shall be built in a workmanlike
manner with quality materials manufactured and marketed by the material
manufacturer for the use employed in constructing the coop and in
a manner capable of preventing chickens from escaping and predators
entering.
(9)
A chicken run attached to the chicken coop providing direct
travel between the interior of the chicken coop and the chicken run,
providing at least 60 square feet in area.
(10)
Chicken runs shall be enclosed with wire netting, or equivalent
material, including overhead enclosure, capable of preventing chickens
from escaping and predators entering.
(11)
Chicken coops and chicken runs shall be removed from the property
in their entirety within 30 days of a previously issued license expiring
and not being renewed.
[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]
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]
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]
D.
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.
H.
[Amended 6-15-2020 by Ord. No. 2-2020]
Anyone who violates § 180-13.1 of this chapter shall forfeit to the Village of Kimberly not less than $250 nor more than $500, plus all applicable costs, fees, and surcharges imposed under Ch. 814, Wis. Stats. In the event of enforcement in Circuit Court, and in the event such forfeiture, costs, fees, and surcharges are not paid, such person may, upon order of the Circuit Court, be imprisoned in the Outagamie County jail until such forfeiture, costs, and assessments are paid, but not to exceed 90 days, or may be subject to any other sanctions imposed by the Circuit Court for such failure to pay. Each day that a violation is maintained or permitted to exist shall constitute a separate violation. Further, in addition to all other remedies available at law or in equity, violations of any section of this chapter shall be subject to § 364-10 and costs applicable to public nuisances.
