[HISTORY: Adopted by the Village Board of
the Village of Waterford as indicated in article histories. Amendments
noted where applicable.]
[Adopted as §§ 9.04 through
9.06 of the 1998 Code]
[Amended 1-23-2006 by Ord. No. 489; 9-13-2021 by Ord. No. 685]
A.
Any person who brings a dog or domesticated animal
into the Village of Waterford shall:
(1)
Keep
said animal on a nonretractable leash no longer than six feet in length
and under their control at all times. Dogs inside homes, businesses,
and in fenced areas under private ownership and with permission of
the property owner are not required to be leashed while confined in
those areas.
(2)
Dogs
are prohibited from Village parks and pathways, except the Alisee
Nature Conservancy and the Mercury Business Park Nature Conservancy.
(3)
Keep
any animal from digging, chasing or harming wildlife, damaging property,
or interfering with others.
B.
The Village of Waterford reserves the right to designate
certain park space as “off leash” parks (dog park), allowing
for dogs to run free within a fenced area. Occupants of these designated
areas will be subject to the policies and procedures as established
by the DPW Committee.
A.
Generally. No person shall injure or kill any bird
in the Village, nor shall any person throw stones or use any implement
with the intent of killing or injuring any bird.
B.
Water fowl. No person shall take, catch, kill, pursue
or molest aquatic fowl, or their nests, upon the lakes, rivers and
ponds within the Village.
[Added 11-24-2003 by Ord. No. 441; amended 12-27-2016 by Ord. No. 646; 10-9-2017 by Ord. No. 656]
A.
Feeding of wildlife in public areas prohibited. No person shall feed
or spread food for any wildlife in any public park or on any other
property owned or occupied by the Village of Waterford. "Wildlife"
as used herein includes mammals or birds that are neither human nor
domesticated.
B.
Feeding of outdoor or feral cats prohibited. No person shall feed
or leave food for any outdoor or feral cat.
C.
No person shall place, deposit, or allow the placement of any material
to feed or attract wildlife on any non-Village-owned property in the
Village, unless specifically authorized under Wis. Admin. Code s.
NR 19.60 or except as follows:
(1)
The material is placed solely for the purpose of attracting and feeding
wild birds and small mammals and is placed in bird feeding devices
and structures at sufficient height or design to prevent access by
deer, and the device is no further than 50 yards from a dwelling devoted
to human occupancy; or
(2)
The food is placed not more than 30 feet away from the person feeding
and the person feeding makes all reasonable attempts to clean up the
unconsumed feed before moving a distance greater than 30 feet from
the deposited feed; or
(3)
The feed is deposited by natural vegetation or found solely as a
result of normal gardening practices.
No person shall ride any horse, pony or donkey
within the Village limits.
[Amended 1-23-2006 by Ord. No. 489]
[Adopted as § 12.03 of the 1998
Code; amended in its entirety 7-13-1998 by Ord. No. 364]
In the interpretation and enforcement of this
article, the following definitions shall apply:
A reptile, an amphibian, or any warm-blooded creature, except
a human being.
Any animal off the premises of the owner or not under the
control of the owner.
Any feline over five months of age, regardless of sex.
Any feline that is found outdoors, whether stray, nondomesticated,
or domesticated but allowed by its owners to roam at least 100 feet
from its owner or agent. A cat that has been determined to be feral
and returned to the field is ear-tipped to make the cat readily identifiable
as having been spayed or neutered.
[Added 12-27-2016 by Ord.
No. 646]
Causing unnecessary neglect and excessive pain, suffering
or unjustifiable death; causing unnecessary neglect and excessive
pain, suffering or unjustifiable death.
Any canine over five months of age, regardless of sex.
Any dog, puppy, cat, kitten, or ferret.
A domesticated polecat (mustela putorius) weasel-like mammal.
Any cat bred with the intent of having lynx, pumas or other
wildlife mixed into the bloodline.
Any dog bred with the intent of having wolf, coyote or other
wildlife mixed into the bloodline.
Any feline under the age of five months.
An animal rendered sterile by surgical means.
A peace officer, local health officer, humane officer, warden,
designated employee of the Wisconsin Department of Agriculture, Trade
and Consumer Protection or designee of the Village Board.
Any person who keeps, harbors or controls animals, or knowingly
permits an animal to remain on or about any premises occupied by that
person.
Any canine under the age of five months.
One residential dwelling, whether that dwelling is located
in a single-family house or is a dwelling unit located within a two-family
or multiple-family building. All of the occupants of the dwelling
unit are considered owners of all of the animals located on or about
the residential dwelling unit.
[Added 3-28-2005 by Ord. No. 475]
An animal that is not neutered by surgical means.
Every owner of a 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 prior to the date such dog becomes five months of age, in the manner provided by law for the payment of personal property taxes, pay a dog license tax and obtain a license therefor as provided by Wis. Stats. §§ 174.05 and 174.07. The license year shall commence on January 1 and end on the following December 31. Each applicant for a dog license shall present a valid certificate of vaccination in accordance with §§ 87-14 and 87-15 of this article.
[1]
Editor's Note: Former § 87-8, Licensing of cats,
was repealed 7-28-2014 by Ord. No. 620.
[Amended 11-22-2004 by Ord. No. 467; 1-23-2006 by Ord. No.
489]
Such owner shall pay to the Village Treasurer
the fee in an amount set by the Village Board.
[Amended 11-22-2004 by Ord. No. 467; 7-28-2014 by Ord. No. 620]
Upon payment to the Treasurer of the required
fee, the Clerk shall issue to such person a license to keep such dog
for one year and such person shall, upon procuring the license, place
upon the dog a collar with a tag furnished to him by the Village Clerk
or the County Clerk. No person shall own an animal which is required
to be licensed but is not.
Wis. Stats. ch. 174 and § 95.21 shall apply so far as applicable.
A.
Animals at large.
[Amended 7-28-2014 by Ord. No. 620]
(1)
Prohibited. No owner shall permit any animal to run at large within
the Village. A dog or cat is not at large if it is not more than 100
feet from an owner or agent competent to control the dog or cat without
a leash and the dog or cat is not annoying other individuals or trespassing.
(2)
No person other than the owner shall open any gate or door so as
to enable any animal to leave any premises for the purpose and result
of setting such animal at large.
(3)
Any dog running at large or untagged is subject to impoundment. A
dog is considered untagged if a valid license is not attached to its
collar.
B.
Damaging premises, property or injuring another animal.
No person shall permit any animal to escape or to be set free or to
go upon any public or private premises or land without the permission
of the owner thereof or to injure or destroy any lawn, flower bed,
plant, shrub, tree or fence or any other part of such premises, or
to break, tear up, injure, defecate on or destroy property of the
owner, or to injure or attack another animal.
[Amended 1-23-2006 by Ord. No. 489; 6-28-2010 by Ord. No. 556]
A.
Public nuisance. No person shall own or keep an animal which repeatedly
interferes with passersby or passing vehicles, or which attacks other
animals or persons, or is at large or unrestrained, or damages private
or public property, or excessively barks, whines, howls or makes other
sounds common to its species.
B.
Vicious animals. With the exception of animals under the control
of law enforcement, no person shall own, keep or harbor a vicious
animal. Evidence that an animal has, without provocation, bitten or
inflicted injury on a person or domestic animal two or more times
during the subject animal's life, or did bite or inflict injury once,
causing wounds or injuries creating death or a potential danger to
the health or life of the victim, shall constitute a prima facie showing
that the animal is vicious. Any animal trained or used for fighting
against another animal shall be presumed to be vicious under this
section.
C.
Disposition of nuisance or vicious animals.
(1)
Upon verified notification of a violation of this section, the Village
Board will make a determination as to whether the animal is a public
nuisance or is vicious.
(a)
In making its determination, the Village Board shall consider
the circumstances, and may determine that an animal is not vicious
if:
[1]
Death, injury or damage is sustained by a person who, at the
time such was sustained, was committing trespass upon premises occupied
by the owner of the animal, or was teasing, tormenting, abusing or
assaulting the animal, or was committing or attempting to commit a
crime or violating or attempting to violate a statute or ordinance
which protects person or property.
[2]
Death, injury or damage was sustained by a domestic animal which
was teasing, tormenting, abusing or assaulting the animal; provided,
however, that this section shall not apply if the animal is trained
or used for fighting.
[3]
The animal was protecting or defending a human being within
the immediate vicinity of the animal from an unjustified attack or
assault.
(b)
No animal may be declared vicious for acts committed by the
animal while being utilized by a law enforcement officer for law enforcement
purposes.
(2)
Upon the Village Board's determination, the Village Clerk shall serve
written notice and order, hand-delivered or sent by U.S. Postal Service
Certified Mail, return receipt required, giving the owner no more
than 10 days from receipt of the notice and order:
(a)
In the case of a public nuisance animal, to dispose of the animal
and show proof of the relocation of the animal and the place of its
relocation. If the owner does not dispose of such animal, it may be
impounded and held for the appropriate time and then either adopted
or euthanized, or it may be dealt with as unwanted.
(b)
In the case of a vicious animal, to dispose of the animal and
show proof of the relocation of the animal and the place of its relocation
or a certificate of euthanization. If the owner does not dispose of
such animal it may be impounded and euthanized.
(3)
If the owner wishes to appeal the order of the Board, such appeal
shall be in writing and filed with the Village Clerk no more than
10 days after receipt of the notice and order, or within the time
designated on the order. Upon receipt of a written appeal, the Village
Board shall conduct a hearing on the matter. The Board shall thereafter
render a written decision:
(a)
In the case of a public nuisance animal, that the animal is
a public nuisance and shall be removed or is not a nuisance and shall
remain with the owner; or
(b)
In the case of a vicious animal, that the animal is dangerous
and must be euthanized or is not dangerous and shall remain with the
owner.
[Amended 7-28-2014 by Ord. No. 620]
No license shall be issued hereunder for any
dog unless the applicant exhibits a certificate of a qualified veterinarian
showing that the dog has a current inoculation for rabies.
[Amended 7-28-2014 by Ord. No. 620; 9-22-2014 by Ord. No. 621]
See § 142-4 of this Municipal Code.
No dog or cat owner shall allow the same to
be on any public or private property not owned or possessed by such
person, and provided that the property is not posted to prohibit the
presence of such animal, unless he has and uses a device to scoop
up excrement and an appropriate depository in which to place such
excrement. This shall not apply to visually or physically handicapped
persons.
A.
No person shall willfully or maliciously inflict unnecessary
neglect or needless cruelty, torture, or abuse, or cruelly beat, strike
or abuse any animal, or by any act, omission or neglect cause or inflict
any unnecessary or unjustifiable pain, suffering, injury or death
to any animal, whether the animal belongs to such person or to another,
except that reasonable force may be employed to drive away vicious
or trespassing animals.
B.
Any person owning, in charge of or having custody
of any animal shall not abandon it. Any person who abandons any animal
shall be guilty of causing the animal unnecessary and unjustifiable
suffering. Any unwanted animal shall be delivered to the Humane Society
or holding facility for proper disposal.
C.
No person shall lead any animal upon a highway or
street from a motor vehicle or trailer or semitrailer drawn by a motor
vehicle.
[Amended 3-28-2005 by Ord. No. 475; 2-25-2013 by Ord. No. 605]
A.
Purpose. The owning, harboring and keeping by any person of a large number of dogs, cats or any combination in a residence or on a lot used for residential purposes within the Village detracts from the quality of life within the residential area due to the various noise, odor, health and safety problems which constitute a public nuisance. The Village has deemed it necessary to abate such public nuisance by the creation of the limitation in Subsection B.
B.
Limitation. No more than three dogs or cats or any combination thereof
over three months of age may be kept in any residential dwelling unit
in the Village of Waterford. Working dogs such as service dogs, medical
alert dogs and certified therapy dogs are not included in the calculation.
Proof of accreditation shall be provided to the Village, and licenses
are required.
A.
Providing proper shelter.
(1)
No person owning or responsible for confining any
animal may fail to provide the animal with proper accessible shelter,
which shall consist of a moistureproof structure of suitable size
to accommodate the animal and allow retention of body heat during
inclement weather, and shall be provided with a sufficient quantity
of suitable bedding to provide insulation and protection against cold
and dampness. Shelter for a dog shall be made of durable material
with a solid floor raised at least two inches from the ground, with
the entrance covered by a flexible, windproof material.
(2)
The housing facilities and confinement areas shall
be structurally sound and maintained in good repair to protect the
animal from injury and provide sufficient space to allow the animal
adequate freedom of movement and to be easily cleaned. Sufficient
shade by natural or artificial means shall be provided to protect
the animal from direct sunlight.
(3)
The shelter, housing facilities and confinement areas
shall be kept clean and reasonably dry, without standing water or
mud, and shall be kept free of feces and trash.
B.
Providing food and drink.
(1)
Any person owning or responsible for caring for an
animal shall provide food which is free of contamination, wholesome,
palatable and of sufficient quality, quantity and nutritive value
required for that animal. Food receptacles shall be accessible, durable
and kept clean.
(2)
Any person owning or responsible for caring for an
animal shall provide potable fresh water at all times. Water receptacles
shall be accessible, durable and kept clean.
[Amended 1-23-2006 by Ord. No. 489; 12-10-2012 by Ord. No. 599; 12-27-2016 by Ord. No. 646]
A.
Confinement
of dogs. The Police Department or contracting law enforcement agency
shall impound any dog found running at large in the Village in the
Village temporary holding facility until the owner claims the dog
or the dog is called for by the contracting Humane Society.
B.
The Village
shall direct any person wishing to surrender ownership of a cat or
dog to the contracting Humane Society. The owner of an animal surrendered
to the contracting Humane Society is responsible for the payment of
fees charged by the Humane Society.
C.
The Village
may make arrangements for the impoundment or return-to-field of any
animal that is not a dog that is found running at large in the Village.
The Village may advise any person wishing to turn over a cat found
running at large that he or she may turn the cat over to the contracting
Humane Society and should inform the person of the Humane Society
strategy regarding leaving healthy cats in place (including cats that
have been ear-tipped) and that it would be better to search for their
owners.
D.
Disposition
of animals. The person in charge of the contracting Humane Society,
or other agency to which animals found in the Village are referred,
may dispose of animals in accordance with Wis. Stats. § 173.23,
the Humane Society’s return-to-field strategy, or other applicable
law.
[Amended 6-28-2010 by Ord. No. 556]
A.
Except as otherwise provided in this chapter, no person shall keep,
maintain, or have in his possession or under his control within the
Village any livestock or poultry, including but not limited to any
cattle, cow, horse, sheep, swine (including any pot-belly pig), goat,
chicken, duck, turkey, poultry, geese, or any polecat, skunk, raccoon,
emu, ostrich, fox, game or game birds, nor shall any person keep a
hybrid canine or feline.
B.
No person shall keep, maintain, or have in his possession or under his control within the Village any nuisance or vicious animal, as determined by the Village Board pursuant to § 87-13, or as determined by, and/or ordered removed from, any court, municipality, town, county or state.
C.
No person shall keep, maintain, or have within his possession or
under his control within the Village any poisonous reptile or any
other dangerous or carnivorous wild animal or reptile, any vicious
or dangerous domesticated animal, or any other animal or reptile of
wild, vicious or dangerous propensities, including but not limited
to:
(1)
It shall be unlawful for any person to keep, maintain, or have in
his possession or under his control within the Village any of the
following animals:
(a)
All poisonous animals and reptiles including rear-fang snakes.
(b)
Apes: chimpanzees (Pan); gibbons (Hylobates); gorillas (Gorilla)
orangutans (Pongo); and siamangs (Symphalangus).
(c)
Baboons (Papoi, Mandrillus).
(d)
Bears (Ursidae).
(e)
Cheetahs (Acinonyx jubatus).
(f)
Crocodilians (Crocodilia), 30 inches in length or more.
(g)
Constrictor snakes, six feet in length or more.
(h)
Coyotes (Canis latrans).
(i)
Elephants (Elephas and Loxodonta).
(j)
Game cocks and other fighting birds.
(k)
Hippopotami (Hippopotamidea).
(l)
Hyenas (Hyaenidae).
(m)
Jaguars (Panthera onca).
(n)
Leopards (Panthera pardus).
(o)
Lions (Panthera leo).
(p)
Lynxes (Lynx).
(q)
Monkeys, old world (Cercopithecidae).
(r)
Pumas (Felis concolor); also known as cougars, mountain lions
and panthers.
(s)
Ocelots (Felis pardalis).
(t)
Rhinoceroses (Rhinocero tidae).
(u)
Snow leopards (Panthera uncia).
(v)
Tigers (Panthera tigris).
(w)
Wolves: red wolf (Canis Lupus), gray timber (Canis Nigar), or
hybrid dog, part wolf.
(x)
Poisonous insects.
(y)
Wild animals as defined in Wis. Stats. § 169.01(37).
(2)
Exceptions.
(a)
The provisions of Subsection C(1) above shall not apply to pet shops, zoological gardens, circuses, professional animal acts and wild life exhibits if special permits are granted pursuant to § 87-24 and:
[1]
Their location conforms to the provisions of the zoning ordinance
of the Village, and all appropriate zoning and building permits are
issued.
[2]
All animals and animal quarters are kept in a clean and sanitary
condition and so maintained as to eliminate objectionable odors.
[3]
Animals are maintained in quarters so constructed as to prevent
their escape.
[4]
No person lives within 100 feet of the quarters in which the
animals are kept.
(b)
"Wild animal," as used in this section, does not include captive-bred
species of caged birds, rodents, turtles, fish, and nonpoisonous,
nonconstricting snakes.
[Amended 2-24-2003 by Ord. No. 432]
This article shall not apply to any livestock
brought into the Village for the purpose of being shipped out of the
Village.
[Added 8-28-2017 by Ord.
No. 655]
Notwithstanding the provisions of § 87-21A, chickens may be kept in the Village under the provisions set forth herein.
A.
Permit required. No person shall keep chickens in the Village without obtaining a valid permit issued by the Clerk. The permit process requires a completed application, including a site plan and a manure management plan, accompanied by the fee set by the Village Board and shown in the Fee Schedule. The permit application is also subject to notification and approval pursuant to Subsection B. The fee shall not be refundable in the event that the license is denied.
(1)
Permits shall only be issued to persons living in single-family
or two-family residential premises. No permits will be issued for
commercial buildings or mixed-use occupancies.
(2)
If the applicant is a tenant, the owner of the property must also sign the application. If the building contains two dwellings, the other tenant(s) shall either sign the application or the applicant shall include the names and address of the other tenant(s) on the application and the Clerk shall send the notification of the application to the other tenant(s) as set forth in Subsection B.
(3)
Permits are not transferable from person to person or property
to property. If the permit holder moves, a new permit must be applied
for.
(4)
Permits shall expire on March 31 of each year, regardless of
the date of issuance, and must be renewed annually. The fee shall
not be prorated for partial years.
(5)
The applicant should check all of the rules and regulations
of their neighborhood or owners' association prior to making the application.
The Village is not responsible for issuing a permit that violates
any such rules or regulations.
B.
Permit issuance.
(1)
Initial issuance. Before an initial permit is issued for the
keeping of chickens in a particular location, the following process
shall be followed:
(a)
Neighborhood approval required.
[1]
Once a permit is applied for, the property owner, if someone
other than the applicant, and the owners of all directly or diagonally
abutting properties, including those across an alley, along with tenants
in the same building, shall be notified by the Clerk. This shall be
done via first-class U.S. mail.
[2]
Property owners, and tenants of the same building, shall have
14 working days to file a written objection and request for a hearing
to the Clerk if they object to the granting of a permit.
[3]
If a timely written objection and request for a hearing has
been submitted to the Clerk, the Clerk shall schedule the matter for
a public hearing to be held at the next available Village Board meeting,
and shall notify the objector(s) and the applicant of the date and
time of the hearing.
[4]
Within 10 days of completion of the hearing conducted pursuant to Subsection B(1)(a)[3], the Village Board, through the Clerk, shall mail to the objector(s) and the permit applicant its written determination on the granting of the permit, taking into consideration factors listed under Subsections C and D.
(b)
Coop inspection and construction.
[1]
Building permit. Prior to permit issuance, the applicant shall obtain a building permit for the coop and run and pay the applicable building permit fee therefor, notwithstanding any provision of Chapter 98 to the contrary. The Building Inspector shall inspect the coop and run for size, placement, and conformance with the requirements below prior to issuance of the permit.
[2]
Coop and run construction.
[a]
A chicken coop is considered an accessory structure
subject to § 245-10H, except as provided herein.
[b]
The coop and run enclosures shall not be located
closer than 25 feet to any residential structure on an adjacent lot,
and shall be located behind the dwelling or garage so as not to be
seen when the property is viewed from the front street yard. No coop
or run shall be located in the front or side yard of a dwelling.
[c]
Chicken coops and runs together shall be large
enough to provide at least 16 square feet per chicken.
[d]
A chicken coop shall have a solid roof, and shall
be predator-proof and thoroughly ventilated. It shall be constructed
in a workmanlike manner, be moisture-resistant and either raised up
off the ground or placed on a hard surface such as concrete, patio
block or gravel. A chicken run need not have a solid roof, but if
it does not, it shall be covered with a net, mesh, wire, or similar
material to prevent the chickens from escaping from the run.
[e]
Coops and runs shall be designed to prevent the
collection of standing water, and to be easily accessed, cleaned,
and maintained by the owners. Adequate drainage shall be established
so that surrounding properties are protected from surface water drainage
containing contaminants or waste.
(c)
DATCP registration. The permit holder shall register the premises
with the Wisconsin Department of Agriculture, Trade and Consumer Protection
(DATCP) and provide proof of the registration to the Clerk prior to
issuance of the permit.
(2)
Renewal of permit. No neighborhood notification or coop inspection
is required prior to renewal of a permit. Upon an application for
renewal, the Clerk shall review the record of all violations and complaints
filed, and may refer the matter to the Village Board for consideration
of the renewal, or may issue the renewal permit.
C.
Keeping of chickens allowed. The keeping of a maximum of four chickens,
with a permit, is allowed on a one- or two-family residential lot,
provided the following:
(1)
No person shall keep any rooster. No person shall keep any other
type of fowl, including but not limited to turkeys, guinea fowl, pheasants,
pigeons, or ducks.
(2)
No person shall slaughter any chickens on the permitted property.
(3)
Chickens shall be provided with fresh water at all times and
adequate amounts of feed.
(4)
Chickens shall be provided with a sanitary and adequately sized
covered coop, and shall be kept in the coop or in a sanitary and adequately
sized and accessible covered enclosure or run, at all times.
(5)
Chicken coops and covered runs shall be maintained to reasonably
prevent the collection of standing water, and shall be cleaned of
droppings, uneaten feed, feathers and other waste daily and as is
necessary to ensure that the coop and run do not become a health,
odor or other nuisance. Adequate drainage shall be maintained so that
surrounding properties are protected from surface water drainage containing
contaminants or waste.
(6)
Chickens shall not be allowed outside the coop or the covered run. A chicken found off the permitted property shall be subject to impoundment, and the provisions of §§ 87-20 and 87-25 apply; provided, however, that § 87-20B does not apply and an owner may not surrender a chicken to the contracting Humane Society, and is required to personally rehome the chicken.
(7)
In addition to compliance with the requirements of this section,
no one shall keep chickens that cause any nuisance, unhealthy condition,
create a public health threat or otherwise interfere with the normal
use of property or enjoyment of life by humans or animals.
D.
Public health requirements.
(1)
Chickens shall be kept and handled in a sanitary manner to prevent
the spread of communicable diseases among birds or to humans.
(2)
Any person keeping chickens shall immediately report any unusual
illness or death of a chicken to DATCP, and any human illness related
to a chicken to the Health Department.
(3)
The DATCP, Village or Health Department may order testing, quarantine,
isolation, vaccination or humane euthanasia of ill chickens or any
chicken believed to be a carrier of a communicable disease.
(4)
Manure, feathers and other materials shall be disposed of away
from the property. They may not be spread as fertilizer or composted
on the property.
E.
Violations. The Clerk shall keep a record of all complaints, charges, warnings and other reports filed against the permit holder. In addition to the penalties set forth in § 87-25, any person violating this section is subject to the following:
(1)
Permit revocation. A permit is subject to revocation by the Village Board upon notification of a conviction for failure to comply with any provision of Subsections C or D. The Village Board shall notify the permit holder of its consideration of the revocation, and shall allow the permit holder the opportunity to be heard. Once a permit is revoked, the chickens shall be removed from the Village and a permit shall not be reissued to the same applicant or residence for a period of 12 months.
(2)
Double permit fees. Any person who does not obtain a permit
prior to having live chickens on their property shall pay double fees
for the permit and building permit.
(3)
Cost of inspections. Any person found to be in violation of
the regulations hereunder shall be responsible for payment of the
Village's costs related to inspection of the property.
The Health Officer may issue an order prohibiting
the keeping of any animal, fowl or bird which is deemed to pose a
health hazard to the general public.
[Added 3-28-2005 by Ord. No. 475; 6-25-2008 by Ord. No.
530; 2-25-2013 by Ord. No. 605]
The keeping of an animal or bird otherwise prohibited by this article may be permitted if a special animal permit is granted under this section. Such a permit may be issued to permit circus performances, petting zoos, pony rides or other temporary public exhibition, entertainment or demonstration events using animals. If a special event permit is required under Chapter 188 of this Municipal Code, a separate special animal permit under this section is not required; provided, however, that the application required under this section shall accompany the application for the special event permit.
A.
Application. The application for a special animal permit hereunder
shall be filed with the Village Clerk and shall contain the following:
(1)
The name and address of the person or organization holding the event,
the name and address of the person responsible for the animals, the
date and location of the event, the types and number of animals to
be present in the Village as part of the event, the housing for the
animals, and the provisions for the disposal of animal waste.
(2)
Whether the applicant has been convicted of violating any animal
control or cruelty law or ordinance, including any violation of this
article of the Municipal Code, and, if so, when and in what court,
in the previous five years. The Village may but is not required to
investigate the applicant and the information provided.
B.
Action by Clerk. The Clerk shall make a report to the Village Board
of the application, which shall grant or deny such permit and shall
define the effective dates of the permit.
C.
Issuance.
(1)
Upon the granting of any special permit, the same shall be issued
by the Village Clerk.
(2)
All permits shall be numbered in the order of their date of issuance
and shall state clearly the name of the permittee, the address where
the animal(s) will be kept, the type(s) of animal(s) allowed, the
date of issuance, the effective dates, and the fee paid.
D.
Conditions of issuance.
E.
Authority of Village President. When the Board is not in session,
the Village President may order the issuance of a special animal permit
for an event hereunder, provided such issuance shall be acted upon
by the Village Board at its next regular meeting.
F.
Appeal of denial of permit. The denial of a permit by the Village
Board may be appealed to the Circuit Court.
[Amended 1-23-2006 by Ord. No. 489; 12-10-2012 by Ord. No.
599]
B.
Fees and costs. In addition to any penalties imposed pursuant to Subsection A, the owner of any animal found in the Village in violation of this chapter, and/or impounded pursuant to this chapter, shall be responsible for the payment of all fees, costs and charges related to the violation and/or impoundment as follows:
[Amended 7-28-2014 by Ord. No. 620]
(1)
Dogs found running at large.
(a)
When a dog that is found running at large in the Village is reclaimed by the owner before it is turned over to the contracting Humane Society, the owner shall pay all fees for impounding and keeping and caring for the dog, which shall include the administrative costs. Additional fees will be charged for after-hour calls for pick-up or release; i.e., all calls between 4:00 p.m. and 7:00 a.m. on weekdays, and all weekend and holiday calls. Fees shall increase for each additional impoundment in any twelve-month period. Prior to release of the dog to the owner, the owner shall provide proof of required vaccination and licensing, or arrange to provide such proof within 10 days. If such proof of vaccination and licensing is not provided at the time the dog is claimed, the owner shall prepay the cost, and the amount will be refunded to the owner upon the provision of said proof. If the owner does not provide proof of vaccination and licensure to the Village Treasurer within 10 days, the Village may issue citations for violations of §§ 87-7 and 87-15E. The fees shall be in the amounts set by the Village Board and shown in the Fee Schedule. The fees shall be billed to the owner and payment shall be made to the Village Treasurer within 30 days of being billed therefor. In the event that the amount due is not paid to the Village within 30 days, the amount may be charged as a special charge on the property of the owner pursuant to § 66.0627, Wis. Stats., or may be collected pursuant to any other method allowed by law.
(b)
When a dog that is found running at large in the Village is turned over to the contracting Humane Society, the owner shall be responsible for paying the Village's fees for impounding and keeping and caring for the dog, including after-hours fees and additional fees for repeat impoundments, as set forth in Subsection B(1)(a), in addition to all expenses charged by the contracting Humane Society in accordance with its regulations. The Village shall bill the owner for the Village's fees. In the event that the fees are not paid to the Village within 30 days of being billed, the fees may be charged as a special charge on the property of the owner pursuant to § 66.0627, Wis. Stats., or may be collected pursuant to any other method allowed by law.
(2)
Other animals. The owner of any animal that is in violation of this
chapter and/or is impounded pursuant to this chapter is responsible
for paying all of the Village's actual costs and charges incurred
in investigating, apprehending, impounding, keeping and caring for
the animal, and all costs of prosecution, in addition to expenses
charged by any Humane Society or other person or entity engaged by
the Village to care for the animal. The Village shall bill the owner
for the Village's costs and charges. In the event that the costs and
charges are not paid to the Village within 30 days of being billed,
the costs and charges may be charged as a special charge on the property
of the owner pursuant to § 66.0627, Wis. Stats., or may
be collected pursuant to any other method allowed by law.
(3)
All fees, costs and charges are due whether any animal is reclaimed,
released to another person, or destroyed.
